G/TBT/N/USA/1237  
 
6 December 2016  
(16-6652) Page: 1/2 
Committee on Technical Barriers to Trade  Original : English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : UNITED STATES OF AME RICA  
If applicable, name of local government involved  (Article 3.2 and 7.2) : 
2. Agency responsible : Environmental Protec tion Agency (EPA) [1257]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above : 
Please su bmit comments to : USA WTO TBT Enquiry Point  
Email : usatbtep@nist.gov   
3. Notified under Article 2.9.2 [ X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise natio nal tariff heading. 
ICS numbers may be provided in addition, where applicable) : Treated railroad ties . 
Environmental protection (ICS : 13.020), Materials and components for railway engineering 
(ICS: 45.040), Fuels (ICS : 75.160)  
5. Title, number of pages  and language(s)  of the notified document : Additions to List of 
Section 241.4 Categorical Non -Waste Fuels : Other Treated Railroad Ties (21 pages, in 
English)   
6. Description of content : The Environmental Protection Agency (EPA or the Agency) is 
proposing to issue amendments to the Non -Hazardous Secondary Materials rule, initially 
promulgated on 21 March 2011, and amended on 7 February 2013 and 8 February 2016, 
under the Resource Conservation and Recovery Act. The Non -Hazardous Secondary 
Materials rule general ly established standards and procedures for identifying whether non -
hazardous secondary materials are solid wastes when used as fuels or ingredients in 
combustion units. In the 7 February 2013 amendments, the EPA listed particular non -
hazardous secondary m aterials as "categorical non -waste fuels" provided certain conditions 
are met. Persons burning these non -hazardous secondary materials do not need to 
evaluate them under the general self -implementing case -by-case standards and 
procedures that would otherwi se apply to non -hazardous secondary materials used in 
combustion units. The 8 February 2016 amendments added three materials including 
creosote treated railroad ties to the list of categorical non -waste fuels. This action 
proposes to add other treated rail road ties to the list, which are processed creosote -
borate, copper naphthenate and copper naphthenate -borate treated railroad ties, under 
certain conditions depending on the chemical treatment.  
7. Objective and rationale , including the nature of urgent pr oblems where 
applicable : Protection of the environment  
8. Relevant documents : 
 81 Federal Register (FR) 75781, 1 November 201 6; Title 40 Code of Federal  
Regulations (CFR) Part 241.  Will appear in the Federal Register when adopted.  
 Identification of  Non-Hazardous Secondary Materials That Are Solid Waste; Final G/TBT/N/USA/1237  
 
- 2 - 
 
  Rule 21 March 2011 : https://www.gpo.gov/fdsys/pkg/FR -2011-03-21/html/2011 -
4492.htm  ; https://www.gpo.gov/fdsys/pkg/FR -2011-03-21/pdf/2011 -4492.pdf   
 Commercial and Industrial Solid Waste Incineration Units : Reconsideration  
and Final Amendments; Non -Hazardous Secondary Materials That Are Solid  
Waste ; Final rule; notice of final action on reconsideration 
7 February  2013: https://www.gpo.gov/fdsys/pkg/FR -2013-02-07/html/2012 -
31632.htm  ; https://www.gpo.gov/fdsys/pkg/FR -2013-02-07/pdf/2012 -31632.pdf   
 Additions to List of Categorical Non -Waste Fuels; Final rule 
8 February  2016: https://www.gpo.gov/fdsys/pkg/FR -2016-02-08/html/2016 -
01866.htm  ; https://www.gpo.gov/fdsys/pkg/FR -2016-02-08/pdf/2016 -01866.pdf   
9. Proposed date of adoption : To be de termined  
Proposed date of entry into force : To be determined   
10. Final date for comments : 3 January 2017  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail and website address es, if available , of other b ody: 
https://members.wto.org/crnattachments/2016/TBT/USA/16_5001_00_e.pdf