G/TBT/N/USA/1816  
22 December 2021  
(21-9578) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
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) [1845]  
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 i f 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 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Renewable 
fuel standard program; Environmental protection (ICS 13.020), Fuels (ICS 75.160)  
5. Title, number of pages and language(s) o f the notified document:  Renewable Fuel 
Standard (RFS) Program: RFS Annual Rules (66 page(s), in English)  
6. Description of content:  Proposed rule - Under section 211 of the Clean Air Act, the 
Environmental  Protection Agency (EPA) is required to set stand ards every year 
to implement nationally applicable renewable fuel volume targets. This  action proposes 
to modify the 2021 and 2022 statutory volume targets  for cellulosic biofuel, advanced 
biofuel, and total renewable fuel, as  well as to establish the 2022  volume target for 
biomass -based diesel.  This action also proposes to modify the previously 
established  cellulosic biofuel, advanced biofuel, and total renewable fuel 
volume  requirements for 2020. In addition, this action proposes the 2020,  2021, and 
2022 renewable fuel standards for all four of the above  biofuel categories. Finally, this 
action also proposes to address the  remand of the 2016 standard -setting rulemaking, as 
well as several  regulatory changes to the Renewable Fuel Standard (RFS) 
program  including regulations for the use of biointermediates to produce  qualifying 
renewable fuel, flexibilities for regulated parties, and  clarifications of existing regulations.  
EPA announced information regarding the public  hearing for this proposal in a Federal 
Register document published on 10 December 2021, at 86 FR 70426 . 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  
8. Relevant documents:   
86 Federal Register (FR) 72436, 21 December 2021; Title 40 Code of Federal 
Regulations (CFR) Parts 80 and 1090:  
https://www.govinfo.gov/content/pkg/FR -2021-12-21/html/2021 -26839.htm  
https://w ww.govinfo.gov/content/pkg/FR -2021-12-21/pdf/2021 -26839.pdf   G/TBT/N/USA/1816  
 
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  This proposed rule is identified by Docket Number EPA -HQ-OAR-2021-0324.   The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2021-0324/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  by or before 4pm Eastern T ime on 4 February 
2022.   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.  
Public Hearing for RFS Annual Rules;  Notification of public hearing published 10 
December 2021 identified by Docket Number EPA-HQ-OAR-2021-0324:  
https://www.govinfo.gov/content/pkg/FR -2021-12-10/html/2021 -26821.htm 
https:// www.govinfo.gov/content/pkg/FR -2021-12-10/pdf/2021 -26821.pdf  
 
EPA will hold a virtual public hearing on 4 January 2022 on its proposal for the "Renewable 
Fuel Standard (RFS) Program: RFS Annual Rules," which was signed on 7 December 2021. 
An additional ses sion will be held on 5 January 2022 if necessary, to accommodate the 
number of testifiers that sign -up to testify. EPA is proposing the 2020, 2021, and 2022 
renewable fuel standards for cellulosic biofuel, biomass -based  diesel, advanced biofuel, 
and total renewable fuel. EPA is also proposing to address the remand of the 2016 
standard -setting rulemaking, extend certain RFS compliance and attest engagement 
reporting deadlines for the 2019, 2020, and 2021 compliance years, and several 
regulatory changes to th e RFS program.  
G/TBT/N/USA/1693 and subsequent addendum and revision  - Extension of 2019 and 2020 
Renewable Fuel Standard Compliance and Attest Engagement Reporting Deadlines  
G/TBT/N/USA/1510 and subsequent addenda  - Renewable Fuel Standard Program: 
Standards for 2020 and Biomass -Based Diesel Volume for 2021, Response to the Remand 
of the 2016 Standards, and Other Changes  
G/TBT/N/USA/999 and G/TBT/N/USA/999/Add.1 - Renewable Fuel Standard Program: 
Standards for 2014, 2015, and 2016 and Biomass -Based Diesel Volume for 2017  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  4 February 2022  
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/2021/TBT/USA/21_7991_00_e.pdf