1.

Notifying Member: UNITED STATES OF AMERICA

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

2.

Agency responsible:

Department of Environmental Quality (DEQ), State of Oregon

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]: Re-establishing a climate mitigation program in place of the recently invalidated Climate Protection Program.

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 Protection Program (CPP) 2024; (4 page(s), in English)

6.

Description of content: Proposed rule - DEQ is conducting a rulemaking to re-establish a climate mitigation program in place of recently invalidated rules that established Oregon's Climate Protection Program (CPP). In December 2023, the Oregon Court of Appeals determined that DEQ did not fully comply with notice requirements during the 2021 rulemaking process, thereby invalidating the CPP rules and program.

The objective of the Climate Protection Program 2024 (CPP 2024) rulemaking is to re-establish an enforceable and declining limit, or cap, on greenhouse gas emissions from fossil fuels used throughout Oregon, including diesel, gasoline, natural gas, and propane beginning in 2025. As demonstrated by the Oregon Climate Action Commission's Oregon Climate Action Roadmap to 2030, the CPP was critical to Oregon's objective of deeply reducing our state's climate pollution.

7.

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

8.

Relevant documents:

Climate Protection Program 2024

https://www.oregon.gov/deq/rulemaking/Pages/CPP2024.aspx

DEQ will hold three advisory committee meetings. The public is welcome to attend all meetings. Meeting dates and tentative times are below. The first meeting is 2 April 2023. Meeting details, including instructions to attend by Zoom will be posted on the CPP 2024 Rulemaking website.

Meeting 1: 2 April 2024, 10 a.m. to 4 p.m. (Pacific Time)

·_        CPP 2024 Rulemaking Brief

·_        CPP 2021 Program Overview

·_        Oregon Climate Protection Program Rule Language (Dec. 2023)

·_        OHA Health and Climate 2021-2022 Report

Meeting 2 – 14 May 2024

Meeting 3 – 25 June 2024

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: Not Applicable

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/2024/TBT/USA/24_02025_00_e.pdf