Committee on Technical Barriers to Trade - Notification - United States - Air quality in general

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2): State of Oregon

2.

Agency responsible:

Department of Environmental Quality (DEQ), State of Oregon [2077]

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 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other [X]: To provide regulated entities with additional clarification on complying with program requirements, propose program adjustments to incorporate newly regulated entities more effectively, and support robust greenhouse gas emission reporting.

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Climate protection; Environmental protection (ICS code(s): 13.020); Air quality in general (ICS code(s): 13.040.01)

5.

Title, number of pages and language(s) of the notified document: Climate 2023; (355 page(s), in English)

6.

Description of content: Proposed rule amendments and public hearing via Zoom on 18 September 2023 - The Department of Environmental Quality has opened the public comment period for proposed permanent rule amendments to chapter 340 of the Oregon Administrative Rules. DEQ is proposing rule amendments to chapter 340, Divisions 215, 272, 271, 216, and 12.

·_        Greenhouse Gas Reporting Program, Division 215

·_        Third Party Verification, Division 272

·_        Climate Protection Program, Division 271

·_        Air Contaminant Discharge Program, Division 216

·_        Enforcement Procedure and Civil Penalties, Division 12

The Climate 2023 Rulemaking is a joint rulemaking of DEQ's teams that implement the Greenhouse Gas Reporting Program (GHG RP), Third Party Verification (3PV) and Climate Protection Program (CPP). The rulemaking proposes a variety of clarifications to program requirements and a limited number of program modifications. The rulemaking incorporates process improvements and technical clarifications for regulated companies while continuing to support the goals of these programs. DEQ is conducting a joint rulemaking, inclusive of amendments to multiple divisions, due to the interconnectedness of these three programs. Background on the Oregon Greenhouse Gas Emissions Program 2021, part of Oregon's Climate Protection Program, is available at https://www.oregon.gov/deq/rulemaking/Pages/rghgcr2021.aspx.

DEQ plans to hold one public hearing on 18 September 2023, 4 p.m. PDT, and anyone may attend. This hearing is being held remotely via Zoom; advance registration is required. Register here.

7.

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

8.

Relevant documents:

Oregon Department of Environmental Quality (DEQ) - Climate 2023: https://www.oregon.gov/deq/rulemaking/Pages/climate2023.aspx

WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 22 September 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 22 September 2023

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/2023/TBT/USA/23_12408_00_e.pdf