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) [2086]

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): Volatile organic liquid storage vessels; Environmental protection (ICS code(s): 13.020); Fluid storage devices (ICS code(s): 23.020)

5.

Title, number of pages and language(s) of the notified document: New Source Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels); (19 page(s), in English)

6.

Description of content: Proposed rule - The Environmental Protection Agency (EPA) is proposing amendments to the Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) as the preliminary results of the review of the New Source Performance Standards (NSPS) required by the Clean Air Act. The EPA is proposing revisions to the NSPS that are applicable to volatile organic liquid (VOL) storage vessels that commence construction, reconstruction, or modification after 4 October 2023 under a new NSPS subpart. In the new NSPS subpart, the EPA is proposing to reduce the vapor pressure applicability thresholds In addition, the EPA is proposing to revise the volatile organic compound (VOC) standards to reflect the best system of emissions reductions (BSER) for affected storage vessels. We are also proposing additional monitoring and operating requirements to ensure continuous compliance with the standard. In addition, the EPA is proposing degassing emission controls; clarification of startup, shutdown, and malfunction requirements; requirements for electronic reporting; and other technical improvements. The EPA is also proposing to amend NSPS subpart Kb to apply to VOL storage vessels that commence construction, reconstruction or modification after 23 July 1984 and on or before 4 October 2023 and to add electronic reporting requirements.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety; Protection of the environment

8.

Relevant documents:

88 Federal Register (FR) 68535, 4 October 2023; Title 40 Code of Federal Regulations (CFR) Part 60:

https://www.govinfo.gov/content/pkg/FR-2023-10-04/html/2023-21976.htm

https://www.govinfo.gov/content/pkg/FR-2023-10-04/pdf/2023-21976.pdf

This proposed rule is identified by Docket Number EPA-HQ-OAR-2023-0358. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OAR-2023-0358/document and provides access to primary 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 by or before 4pm Eastern Time on 20 November 2023. 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.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 20 November 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_12825_00_e.pdf