W
T
G/TBT/N/USA/114
18 May 2005
O
Committee on Technical Barriers to Trade
NOTIFICATION
(05-2019)
Original: English
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying: UNITED STATES
If applicable, name of local government involved (Articles 3.2 and 7.2):
2. Agency responsible: Environmental Protection Agency (EPA) (119)
Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:
3.
4.
5.
6.
Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], other:
Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable): Coatings
(HS Chapter: 2710; ICS: 13)
Title, number of pages and language(s) of the notified document: National Emission
Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing
(3 pages, in English).
Description of content: On 11 December 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous coating manufacturing.
This action proposes amending the NESHAP by providing additional compliance options and clarifications. Specifically, this action proposes an option to demonstrate compliance with a percent reduction emission limit by measuring total organic compounds (TOC), an option to demonstrate compliance with the weight percent hazardous air pollutant (HAP) limit in coatings products based on formulation data, and a change to the process vessel standards to allow the cover or lid on a process vessel to be opened for material additions and sampling. Other proposed amendments are clarifications of the requirements for cleaning operations, the compliance date for equipment that is added to an existing source, the conditions under which you must determine whether an emission stream is a halogenated vent stream, and the terminology used to describe the emission limits for process vessels. This action also proposes a revised definition of Group 2 transfer operations to clarify that all product loading operations are part of the miscellaneous coating manufacturing affected source and, thus, are not subject to the organic liquid distribution
(OLD) NESHAP.
In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the preamble to the direct final rule. If we receive no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will
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G/TBT/N/USA/114
Page 2 withdraw only those provisions on which we received adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to the withdrawn provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period before taking the subsequent final action. Any parties interested in commenting must do so at this time.
7. Objective and rationale, including the nature of urgent problems where applicable:
Protection of human life and health
8.
9.
Relevant documents: : 70 Federal Register (FR) 25684 13 May 2005; Title 40 Code of
Federal Regulations (CFR) Part 63. Will appear in the Federal Register when adopted.
Proposed date of adoption:
Proposed date of entry into force:

To be determined
10. Final date for comments: 13 June 2005
11. Texts available from: National enquiry point [ X ] or address, telephone and fax numbers, e-mail and web-site addresses, if available of the other body:
Full Text of this Notification is Now Available on the Internet at URLs: http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-
9486.htm http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/
05-9486.pdf