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1.
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Notifying Member: United
States of America
If applicable, name of local government involved
(Article 3.2 and 7.2):
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2.
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Agency responsible: Environmental Protection Agency (EPA) [1760]
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
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3.
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Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other [X]:
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4.
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Products covered (HS or CCCN where applicable, otherwise national
tariff heading. ICS numbers may be provided in addition, where applicable):
Hydrofluorocarbons; Environmental protection (ICS 13.020), Production in the
chemical industry (ICS 71.020), Products of the chemical industry (ICS
71.100)
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5.
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Title, number of pages and language(s) of the notified document: Phasedown of
Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program
Under the American Innovation and Manufacturing Act (74 page(s), in English)
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6.
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Description of content: Proposed rule
- The Environmental Protection Agency is proposing to
issue regulations to implement certain provisions of the American
Innovation and Manufacturing Act, as enacted on 27 December 2020. This
rulemaking proposes to: Establish the hydrofluorocarbon production and
consumption baselines based on historical data; establish the allowance
allocation program to phase down hydrofluorocarbon production and
consumption; determine an initial methodology to allocating allowances and
allowing for the transfer of those allowances; establish provisions for the
international transfer of allowances; establish requirements to support
compliance with phasing down hydrofluorocarbon production and consumption;
establish recordkeeping and reporting requirements; release certain data to
provide transparency and support implementation of the program; and, address
certain other elements related to the effective implementation of the
American Innovation and Manufacturing Act. In addition to the proposed
provisions, EPA is seeking advance input on how the Agency may alter its determination
of company-specific allocations in later years. EPA is considering these
issues, and therefore is seeking public input on them, but is not making any
particular proposal in relation to them, and therefore will not finalize any
requirements on these topics before issuing a notice of proposed rulemaking
and requesting public comment.
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7.
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Objective and rationale, including the nature of urgent problems
where applicable: Protection of the environment
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8.
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Relevant documents:
86 Federal Register (FR) 27150,
19 May 2021; Title 40 Code of Federal Regulations (CFR) Parts 9 and
84:
https://www.govinfo.gov/content/pkg/FR-2021-05-19/html/2021-09545.htm
https://www.govinfo.gov/content/pkg/FR-2021-05-19/pdf/2021-09545.pdf
This proposed rule is identified by Docket
Number EPA-HQ-OAR-2021-0044. The Docket Folder is available on
Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OAR-2021-0044/document and provides access to primary and
supporting documents as well as comments received. Documents are also
accessible from Regulations.gov by searching the Docket Number. 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 period.
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9.
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Proposed date of adoption: To be determined
Proposed date of entry into force: To be determined
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10.
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Final date for comments: 6 July 2021
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11.
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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/2021/TBT/USA/21_3681_00_e.pdf
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