G/TBT/N/USA/1322  
 
1 December 2017  
(17-6611) 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 Protection Agency (EPA) [1343]  
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 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): Emissions  
Environmental protection (ICS 13.020), Equipment for petroleum and natural gas 
industries (ICS 75.180), Compressors and pneumatic machines (ICS 23.140).  
5. Title, number of pages and language(s) of the notified document: Oil and Natural 
Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Stay of 
Certain Require ments (8 page(s), in English)   
6. Description of content: The Environmental Protection Agency (EPA) is proposing to stay 
for two years certain requirements that are contained within the Final Rule titled "Oil and 
Natural Gas Sector: Emission Standards for  New, Reconstructed, and Modified Sources," 
published in the Federal Register on 3 June 2016 (2016 Rule). On 5 June 2017, the EPA 
published a notice that it stayed for three months the  fugitive emissions requirements, well 
site pneumatic pump standards, an d the requirements for certification of closed vent 
systems by a professional engineer in accordance with the Clean Air Act (CAA). The EPA 
has granted reconsideration based on specific objections to these requirements. The 
proposed stay discussed in this a ction, which follows the three -month stay, would provide 
the EPA sufficient time to propose, take public comment, and issue a final action on the 
issues concerning the specific requirements on which EPA has granted reconsideration. 
During this time, the EP A also plans to complete its reconsideration process for all 
remaining issues raised in these reconsideration petitions regarding fugitive emissions, 
pneumatic pumps, and certification by professional engineer requirements. The EPA 
acknowledges that the ad ministrative reconsideration petitions include additional issues 
regarding these three requirements other than the issues for which we specifically have 
granted reconsideration. In addition, since the publication of the 2016 Rule, the EPA has 
received nume rous questions relative to the implementation of these three requirements. 
During the reconsideration proceeding, the EPA intends to look broadly at the entire 2016 
Rule. The EPA believes that addressing all of these issues at the same time would provide 
clarity and certainty for the public and the regulated community with regard to these 
requirements. The EPA is seeking comment pertaining to this stay and its duration and 
impact. The EPA is not taking comment at this time on substantive issues concerning t hese 
requirements, or on any of the other provisions subject to the reconsideration.  G/TBT/N/USA/1322  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of the environment  
8. Relevant documents:   
82 Federal Register (FR) 2764 5, 16 June 2017; Title 40 Code of Federal Regulations (CFR) 
Part 60.  Will appear in the Federal Register when adopted.  
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified 
Sources: Stay of Certain Requirements, Proposed Rule published 16 June 2017:  
https://www.gpo.gov/fdsys/pkg/FR -2017-06-16/html/2017 -12698.htm   
https://www.gpo.gov/fdsys/pkg/FR -2017-06-16/pdf/2017 -12698.pdf  
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified 
Sources; Grant of Reconsideration and Partial Stay published 5 June 2017:  
https://www.gpo.gov/fdsys/pkg/FR -2017-06-05/html/2017 -11457.htm  
https://www.gpo.gov/fdsys/pkg/FR -2017-06-05/pdf/2017 -11457.pdf  
G/TBT/N/USA/1030/Add.1  - Oil and Natural Gas Sector: Emission Standards for New, 
Reconstructed, and Modified Sources, Final Rule published 3 June 2017:  
https://www.gpo.gov/fdsys/pkg/FR -2016-06-03/html/2016 -11971.htm   
https://www.gpo.gov/fdsys/pkg/FR -2016-06-03/pdf/2016 -11971 .pdf  
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified 
Sources: Stay of Certain Requirements, Proposed Rule; notice of data availability published 
8 November 2017 will be issued as Add.1 :  
https://www.gpo.gov/fdsys/pkg/FR -2017-11-08/html/2017 -24344.htm   
https://ww w.gpo.gov/fdsys/pkg/FR -2017-11-08/pdf/2017 -24344.pdf  
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified 
Sources: Three Month Stay of Certain Requirements, Proposed Rule published 16 June 
2017:  
https://www.gpo.gov/fdsys/pkg/FR -2017-06-16/html/2017 -12473.htm  
https://www.gpo.gov/fdsys/pkg/FR -2017-06-16/pdf/2017 -12473.pdf  
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and M odified 
Sources: Three Month Stay of Certain Requirements, Proposed Rule; notice of data 
availability published 8 November 2017:  
https://www.gpo.gov/fdsys/pkg/FR -2017-11-08/html/2017 -24341.htm   
https://www.gpo.gov/fdsys/pkg/FR -2017-11-08/pdf/2017 -24341.pdf   
9. Proposed date of adoption:  To be determined  
Proposed date of entry  into force:  To be determined  
10. Final date for comments: 9 August 2017  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachments/2017/TBT/USA/17_5336_00_e.pdf