. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/USA/756/Add.1 
26 October 2012  
 (12-5835) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION  
 
Addendum 
   The following communication, dated 23 October 2012, is being circulated at the request of 
the delegation of the United States.  
 
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TITLE:  Regulation of Fuels and Fuel Additives:  Modifications to Renewable Fuel Standard and 
Diesel Sulfur Programs  AGENCY:  Environmental Protection Agency (EPA)  ACTION:  Direct final rule 
 
SUMMARY:   EPA is issuing this direct final ru le to amend the definition of heating oil in the 
Renewable Fuel Standard ("RFS" or "RFS2") pr ogram under section 211(o) of the Clean Air Act. 
This amendment will expand the scope of renewable fuels that can generate Renewable Identification 
Numbers (RINs) as heating oil to include fuel oil produced from qualifying renewable biomass that 
will be used to generate heat to warm buildings or  other facilities where people live, work, recreate, or 
conduct other activities. Fuel oils used to generate  process heat, power, or other functions will not be 
included in the amended definition. Producers or importers of fuel oil that meets the amended 
definition of heating oil will be allowed to generate  RINs, provided that the fuel oil meets the other 
requirements specified in the RFS regulations. This amendment will not modify or limit fuel included in the current definition of heating oil. EPA is  also amending the requirements under EPA's diesel 
sulfur program related to the sulfur content of locomotive and marine diesel fuel produced by 
transmix processors. These amendments will allow locomotive and marine diesel fuel produced by 
transmix processors to meet a maximum 500 parts pe r million (ppm) sulfur standard provided that; the 
fuel is used in older technolo gy locomotive and marine engines that do not require 15 ppm sulfur 
diesel fuel, the fuel is used outside of the Northeast  Mid-Atlantic Area, and the fuel is kept segregated 
from other fuel. These amendments will provide sign ificant regulatory relief for transmix processors 
while having a neutral or net positive environmental impact. EPA is also amending the fuel marker 
requirements for 500 ppm sulfur locomotive and mari ne (LM) diesel fuel to address an oversight in 
the original rulemaking where the regulations fa iled to incorporate provisions described in the 
rulemaking preamble to allow for solvent yellow 124 markers to transition out of the distribution 
system. 
 DATES:  This rule is effective on 10 December  2012 without further notice, unless EPA receives 
adverse comment or a public hearing request by 8 November 2012. If EPA receives a timely adverse 
comment or a hearing request on the rule or an y specific portion of this rule, we will publish a 
withdrawal of the rule or a specific portion of the rule in the Federal Register informing the public 
that the rule or portions of the rule with adverse comment will not take effect. If a public hearing is G/TBT/N/USA/756/Add.1 
Page 2  
 
  requested, we will publish a notice in the Federal Register announcing the date and location of the 
hearing at least 14 days prior to the hearing.  URLs:  http://www.gpo.gov/fdsys/pkg/FR-2012-10-09/html/2012-23713.htm  
http://www.gpo.gov/fdsys/pkg/FR -2012-10-09/pdf/2012-23713.pdf  
 
  
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