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) [1555]

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), Air quality (ICS 13.040), Environmental testing (ICS 19.040), Industrial process measurement and control (ICS 25.040.40), Surface treatment and coating (ICS 25.220), Production in the chemical industry (ICS 71.020), Equipment for the chemical industry (ICS 71.120), Paint coating processes (ICS 87.020)

5.

Title, number of pages and language(s) of the notified document: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing Residual Risk and Technology Review (42 page(s), in English)

6.

Description of content: Proposed rule - The U.S. Environmental Protection Agency (EPA) is proposing the results of a residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (MCM NESHAP) facilities, as required by the Clean Air Act (CAA). The EPA is proposing to find risks due to emissions of air toxics to be acceptable from the MCM source category and to determine that the current NESHAP provides an ample margin of safety to protect public health. The EPA identified no new cost-effective controls under the technology review to achieve further emissions reductions from process units subject to standards under the NESHAP. The EPA is also proposing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including clarifying regulatory provisions for certain vent control bypasses; provisions for electronic reporting of performance test results, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; and provisions to conduct periodic performance testing of oxidizers used to reduce emissions of organic hazardous air pollutants (HAP).

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of the environment

8.

Relevant documents:

·        84 Federal Register (FR) 46610, 4 September 2019; Title 40 Code of Federal Regulations (CFR) Part 63:
https://www.govinfo.gov/content/pkg/FR-2019-09-04/html/2019-18344.htm
https://www.govinfo.gov/content/pkg/FR-2019-09-04/pdf/2019-18344.pdf

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 21 October 2019

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/2019/TBT/USA/19_5299_00_e.pdf