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): Hydrofluorocarbons; Environmental protection (ICS code(s): 13.020); Production in the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)

5.

Title, number of pages and language(s) of the notified document: Phasedown of Hydrofluorocarbons: Review and Renewal of Eligibility for Application-Specific Allowances; (46 page(s), in English)

6.

Description of content: Notice of proposed rulemaking - The U.S. Environmental Protection Agency is undertaking this rulemaking to assess the eligibility of six applications to receive priority access to allowances allocated pursuant to the American Innovation and Manufacturing Act of 2020. This rulemaking proposes the framework for how EPA will assess whether to renew the eligibility of applications to receive application-specific allowances; decisions to renew or not renew each of the six applications that currently receive application-specific allowances; revisions to the Technology Transitions regulations as relevant to the specific applications under review; a procedural process for submitting a petition to designate a new application as eligible for priority access to allowances; narrow revisions to the methodology used to allocate allowances to application-specific allowance holders for calendar years 2026 and beyond; and limited revisions to existing regulations. EPA is also proposing to authorize an entity to produce regulated substances for export. Lastly, EPA is proposing certain confidentiality determinations for newly reported information if this rulemaking is finalized as proposed.

7.

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

8.

Relevant documents:

89 Federal Register (FR) 75898, 16 September 2024; Title 40 Code of Federal Regulations (CFR) Part 84:

https://www.govinfo.gov/content/pkg/FR-2024-09-16/html/2024-20602.htm

https://www.govinfo.gov/content/pkg/FR-2024-09-16/pdf/2024-20602.pdf

Any party requesting a public hearing must notify the contact listed under FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on 23 September 2024. If a virtual public hearing is held, it will take place on or before 1 October 2024 and further information will be provided at https://www.epa.gov/climate-hfcs-reduction.

This notice of proposed rulemaking is identified by Docket Number EPA-HQ-OAR-2024-0196. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-OAR-2024-0196/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. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders by 4pm Eastern Time on 31 October 2024 will be shared with the EPA and will also be submitted to the Docket on Regulations.gov if received within the comment period.

Referenced notification:

·_        G/TBT/N/USA/1938/Add.1

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 31 October 2024

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_06059_00_e.pdf