G/TBT/N/USA/958/Rev.1  
26 August 2020  
(20-5856) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
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 (Articles 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA)  
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 diff erent from above:   
Please submit 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 national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Boilers 
and process heaters; Steam or other vapour generating boilers (excl. central heating hot 
water boilers capable also of producing l ow pressure steam); superheated water boilers; 
parts thereof (HS 8402); Central heating boilers, non -electric; parts thereof (excl. vapour 
generating boilers and superheated water boilers of heading 8402) (HS 8403); Auxiliary 
plant for use with boilers of heading 8402 or 8403, e.g. economizers, superheaters, soot 
removers and gas recoverers; condensers for steam or other vapour power units; parts 
thereof (HS 8404); Air quality (ICS 13.040), Burners. Boilers (ICS 27.060)  
5. Title, number of pages and langua ge(s) of the notified document:  National 
Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, 
Commercial, and Institutional Boilers and Process Heaters; Amendments (39 page(s), in 
English)  
6. Description of content:  Proposed rule  - On 31 January 2013, the U.S. Environmental 
Protection Agency (EPA) finalized amendments to the national emission standards 
(NESHAP) for the control of hazardous air pollutants (HAP) at major sources from new 
and existing industrial, commercial, and inst itutional (ICI) boilers and process heaters. 
Subsequently, the United States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit), in a decision issued in July 2016, remanded several of the emission standards to 
the EPA based on the court's  review of the EPA's approach to setting those standards. In 
response to these remands, this action proposes to amend several numeric emission limits 
for new and existing boilers and process heaters consistent with the court's opinion and 
set compliance da tes for these new emission limits. The court also remanded for further 
explanation the Agency's use of carbon monoxide (CO) as a surrogate for organic HAP 
and, in a subsequent decision in March 2018, remanded for further explanation the 
Agency's use of a C O threshold to represent the application of the maximum achievable 
control technology (MACT) for organic HAP. The proposed changes to the emissions limits 
will protect air quality and promote public health by reducing emissions of the HAP listed 
in the Cle an Air Act (CAA). This action also addresses the two issues remanded to the EPA G/TBT/N/USA/958/Rev.1  
 
- 2 - 
 
  for further explanation. We are also proposing several technical clarifications and 
corrections.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment   
8. Relevant documents:  85 Federal Register (FR) 52198, 24 August 2020; Title 40 Code 
of Federal Regulations (CFR) Part 63:  
https://www.govinfo.gov/content/pkg/FR -2020-08-24/html/20 20-15121.htm  
https://www.govinfo.gov/content/pkg/FR -2020-08-24/pdf/2020 -15121.pdf  
This proposed rule and previous actions notified as G/TBT/N/USA/554 , USA/554/Add.1 , 
and under the symbol G/TBT/N/USA/958  are identifi ed by Docket Number EPA -HQ-OAR-
2002-0058.  The Docket Folder is available on Regulations.gov  at 
https://www.regulati ons.gov/docket?D=EPA -HQ-OAR-2002-0058 and provides access to 
primary and supporting documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Nu mber.   WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry 
Point. Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  on 
Regulations.gov  if received within the comment perio d. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  23 October 2020  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2020/TBT/USA/20_5141_00_e.pdf