1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Environmental Protection Agency (EPA)

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 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Emissions of hazardous air pollutants; Environmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 13.040); Environmental testing (ICS code(s): 19.040); Industrial process measurement and control (ICS code(s): 25.040.40); Production in the chemical industry (ICS code(s): 71.020); Equipment for the chemical industry (ICS code(s): 71.120); Wood technology processes (ICS code(s): 79.020); Wood-based panels (ICS code(s): 79.060)

5.

Title, number of pages and language(s) of the notified document: National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products; (32 page(s), in English)

6.

Description of content: Proposed rule - The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Plywood and Composite Wood Products (PCWP), as required by the Clean Air Act (CAA). To ensure that all emissions of hazardous air pollutants (HAP) from sources in the source category are regulated, the EPA is proposing HAP standards for processes currently unregulated for total HAP (including acetaldehyde, acrolein, formaldehyde, methanol, phenol, propionaldehyde), non-mercury (non-Hg) HAP metals, mercury (Hg), hydrogen chloride (HCl), polycyclic aromatic hydrocarbons (PAH), dioxin/furan (D/F), and methylene diphenyl diisocyanate (MDI). The standards the EPA is proposing include emission limitations and work practices applicable for PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions. This proposal responds to the 2007 partial remand and vacatur of portions of the 2004 PCWP NESHAP in which the EPA previously concluded maximum achievable control technology was represented by no control (i.e., no emissions reduction). This proposal also responds to or requests comment on issues raised in a petition for reconsideration the EPA received regarding the technology review and other amendments to the PCWP NESHAP the EPA finalized on 13 August 2020.

7.

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

8.

Relevant documents: 88 Federal Register (FR) 31856, 18 May 2023; Title 40 Code of Federal Regulations (CFR) Part 63:

https://www.govinfo.gov/content/pkg/FR-2023-05-18/html/2023-10067.htm

https://www.govinfo.gov/content/pkg/FR-2023-05-18/pdf/2023-10067.pdf

Public hearing: If anyone contacts the EPA requesting a public hearing on or before 23 May 2023, we will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing.

This proposed rule and previous actions notified under the symbol G/TBT/N/USA/1529 are identified by Docket Number EPA-HQ-OAR-2016-0243. The Docket Folder is available from Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OAR-2016-0243/document and provide access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time on 3 July 2023 will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 3 July 2023

11.

Texts available from: National enquiry point [ ] or address, telephone or fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2023/TBT/USA/23_09716_00_e.pdf