G/TBT/N/USA/958
6 February 2015 
(15-0807)  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) [976] 
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 and process 
heaters. 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 boilers 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 Major Sources: Industrial, Commercial, and 
Institutional Boilers and Process Heaters (42 pages, in English)     
6. Description of content: On 31 January 2013, the Environmental Protection Agency (EPA) 
finalized amendments to the national emission standards for the control of hazardous air pollutants (HAP) from new and existing industrial, commercial, and institutional boilers and process heaters at major sources of HAP. Subsequently, the EPA received 10 petitions for 
reconsideration of the final rule.  
The EPA is announcing reconsideration of and requesting public comment on three issues 
raised in the petitions for reconsideration, as detailed in the SUPPLEMENTARY 
INFORMATION section of this notice.  
The EPA is seeking comment only on these three issues. The EPA will not respond to any 
comments addressing any other issues or any other provisions of the final rule. 
Additionally, the EPA is proposing amendments and technical corrections to the final rule to 
clarify definitions, references, applicability and compliance issues raised by stakeholders 
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. 
7. Objective and rationale, including the nature of urgent problems where applicable: 
Protection of the environment  G/TBT/N/USA/958 
 
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  8. Relevant documents:   
• 80 Federal Register (FR) 3089, 21 January2015; Title 40 Code of Federal 
Regulations (CFR) Part 63. Will appear in the Federal Register when adopted. 
• G/TBT/N/USA/554 - National Emission Standards for Hazardous Air Pollutants for 
Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters  http://www.gpo.gov/fdsys/pkg/FR-201 0-06-04/html/2 010-10827.htm  
• G/TBT/N/USA/554/Add.1 - National Emission Standards for Hazardous Air Pollutants 
for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters  http://www.gpo.gov/fdsys/pkg/FR-201 0-07-22/html/2 010-17966.htm  
• 31 January 2013 Final Rule: http://www.gpo.gov/fdsys/pkg/FR-2013-01-
31/html/2012-31646.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 /2014-29569.htm   
http://www.gpo.gov/fdsys/pkg/FR -2015-01-21/pd f/2014-29569.pdf