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

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):

2.

Agency responsible:

Environmental Protection Agency (EPA) [2096]

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]: The Guideline on Air Quality Models ("Guideline") serves as a means by which national consistency is maintained in air quality analyses for regulatory activities under Clean Air Act (CAA) regulations, including 40 CFR 51.112, 51.117, 51.150, 51.160, 51.165, 51.166, 52.21, 93.116, 93.123, and 93.150.

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Air quality; Environmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 13.040)

5.

Title, number of pages and language(s) of the notified document: Guideline on Air Quality Models; Enhancements to the AERMOD Dispersion Modeling System; (43 page(s), in English)

6.

Description of content: Proposed rule; notification of public hearing and conference - In this action, the Environmental Protection Agency (EPA) proposes to revise the Guideline on Air Quality Models ("Guideline"). The Guideline has been incorporated into EPA's regulations, satisfying a requirement under the Clean Air Act (CAA) section 165(e)(3)(D) for the EPA to specify, with reasonable particularity, models to be used in the Prevention of Significant Deterioration (PSD) program. It provides EPA-preferred models and other recommended techniques, as well as guidance for their use in predicting ambient concentrations of air pollutants. In this action, the EPA is proposing revisions to the Guideline, including enhancements to the formulation and application of the EPA's near-field dispersion modeling system, AERMOD, and updates to the recommendations for the development of appropriate background concentration for cumulative impact analyses. Within this action, the EPA is also announcing the Thirteenth Conference on Air Quality Modeling and invites the public to participate in the conference. The conference will focus on the proposed revisions to the Guideline, and part of the conference will also serve as the public hearing for these revisions.

The public hearing for this action and the Thirteenth Conference on Air Quality Modeling will be held 14-15 November 2023, from 8:30 a.m. to 5:00 p.m. Eastern Standard Time (EST).

7.

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

8.

Relevant documents:

88 Federal Register (FR) 72826, 23 October 2023; Title 40 Code of Federal Regulations (CFR) Part 51:

https://www.govinfo.gov/content/pkg/FR-2023-10-23/html/2023-22876.htm

https://www.govinfo.gov/content/pkg/FR-2023-10-23/pdf/2023-22876.pdf

This proposed rule; notification of public hearing and conference is identified by Docket Number EPA-HQ-OAR-2022-0872. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OAR-2022-0872/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 by 4pm Eastern Time on 22 December 2023 will be shared with EPA 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: 22 December 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_13317_00_e.pdf