G/TBT/N/USA/957
6 February 2015 
(15-0806)  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 AMERICA 
If applicable, name of local government involved (Article 3.2 and 7.2):    
2. Agency responsible: Environmental Protection Agency (EPA) [975] 
Name and address (including telephon e 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 submit comments to: 
USA WTO TBT Inquiry Point 
Email: ncsci@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 applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Boilers. Steam or other 
vapour generating boilers (other than central heating hot water boilers capable also of 
producing low pressure steam); super-heated water boilers. (HS: 8402), - Boilers (HS: 840310), - Auxiliary plant for use with bo ilers of heading 84.02 or 84.03 (HS: 840410). 
Air quality (ICS: 13.040), Burners. Boilers (ICS: 27.060) 
5. Title, number of pages and language(s) of the notified document: National Emission 
Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and 
Institutional Boilers (15 pages, in English) 
6. Description of content: On 1 February 2013, the Environmental Protection Agency (EPA) 
finalized amendments to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (Area Source Boilers Rule). Subsequently, the EPA received three petition s for reconsideration of the final rule. The 
EPA is announcing reconsideration of and reques ting public comment on five issues raised 
in the petitions for reconsideration, as detailed in the Supplementary Information section of this document.  
In this action, the EPA is also proposing a limited number of technical corrections and 
amendments to the final rule to correct inadvertent errors and to clarify some applicability and implementation issues raised by stakeh olders subject to the final rule. Also, we 
propose to delete rule provisions for an affirmative defense for malfunction in light of a 
recent court decision on the issue. 
The EPA is seeking comment only on the five issues being reconsidered, the proposed 
deletion of the affirmative defense and on  the technical corrections and amendments 
described in the preceding paragraph. The EPA will not respond to any comments 
addressing any other issues or any other provisions of the final rule. 
7. Objective and rationale, including the nature of urgent problems where applicable: 
Protection of the environment  G/TBT/N/USA/957 
 
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  8. Relevant documents:   
• 80 Federal Register (FR) 2871, 21 January2015; Title 40 Code of Federal 
Regulations (CFR) Part 63. Will appear in the Federal Register when adopted. 
• G/TBT/N/USA/555 - National Emission Standards for Hazardous Air Pollutants for 
Area Sources: Industrial, Commercial, and Institutional Boilers http://www.gpo.gov/fdsys/pkg/FR- 2010-06-04/html/2010-10832.htm   
• G/TBT/N/USA/555/Add.1 - National Emission Standards for Hazardous Air Pollutants 
for Area Sources: Industrial, Commercial, and Institutional Boilers http://www.gpo.gov/fdsys/pkg/FR- 2010-07-22/html/2010-17966.htm   
• 1 February 2013 Final Rule: http://www.gpo.gov/fdsys/pkg/FR-2013-02-
01/html/2012-31645.htm  
9. Proposed date of adoption:   To be determined 
Proposed date of entry into force:   To be determined   
10. Final date for comments: 9 March 2015 
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body: 
http://www.gpo.gov/fdsys/pkg/FR -2015-01-21/html /2014-30388.htm   
http://www.gpo.gov/fdsys/pkg/FR -2015-01-21/pd f/2014-30388.pdf