. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/114 
18 May 2005 
 (05-2019) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Environmental Protection Agency  (EPA) (119) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
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):   Coatings   
(HS Chapter:  2710;  ICS:  13) 
5. Title, number of pages and language(s) of the notified document:   National Emission 
Standards for Hazardous Air Pollutant s: Miscellaneous Coating Manufacturing
 (3 pages, in English). 
6. Description of content:   On 11 December 2003, EPA promulgated national emission 
standards for hazardous air pollutants (NESHAP ) for miscellaneous coating manufacturing. 
This action proposes amending the NESHAP by providing additional compliance options and clarifications.  Specifically, this acti on proposes an option to demonstrate compliance 
with a percent reduction emission limit by measuring total organic compounds (TOC), an option to demonstrate compliance with the we ight percent hazardous air pollutant (HAP) 
limit in coatings products based on formula tion data, and a change to the process vessel 
standards to allow the cover or lid on a process vessel to be opened for material additions 
and sampling.  Other proposed amendments ar e clarifications of the requirements for 
cleaning operations, the compliance date for equi pment that is added to an existing source, 
the conditions under which you must determ ine whether an emission stream is a 
halogenated vent stream, and the terminolog y used to describe the emission limits for 
process vessels.  This action also proposes a revised definition of Group 2 transfer 
operations to clarify that all product loading op erations are part of the miscellaneous coating 
manufacturing affected source and, thus, are not subject to the organic liquid distribution (OLD) NESHAP.   
In the Rules and Regulations section of this Federal Register, we are taking direct final 
action on the proposed amendments because we  view the amendments as noncontroversial 
and anticipate no adverse comments.  We have explained our reasons for the amendments in 
the preamble to the direct final rule.  If we  receive no adverse comments, we will take no 
further action on the proposed amendments.  If we receive adverse comments, we will  G/TBT/N/USA/114 
Page 2  
 
 withdraw only those provisions on which we received adverse comments.  We will publish 
a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn.   If part or all of the direct final rule in 
the Rules and Regulations section of today's Federal Register is withdrawn, all comments 
pertaining to the withdrawn provisions will be a ddressed in a subsequent final rule based on 
the proposed amendments.  We will not institu te a second comment pe riod before taking the 
subsequent final action.  Any parties interest ed in commenting must do so at this time. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human life and health 
8. Relevant documents:   : 70 Federal Register (FR) 2568 4 13 May 2005; Title 40 Code of 
Federal Regulations (CFR) Part 63.  Will a ppear in the Federal Register when adopted. 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:  13 June 2005 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:  
Full Text of this Notification is Now Available on the Internet at URLs: 
http://a257.g.akamaitech.net/7/257/24 22/01jan20051800/edocket.access.gpo.gov/2005/05-
9486.htm 
http://a257.g.akamaitech.net/7/257/24 22/01jan20051800/edocket.access.gpo.gov/2005/pdf/
05-9486.pdf