. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/USA/756 
19 October 2012  
 (12-5679) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  UNITED STATES  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Environmental Protection Agency (EPA) (775) 
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 :    
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 fuels 
(ICS 13.040, 75.160) 
5. Title, number of pages and langu age(s) of the notified document:  Regulation of Fuels and 
Fuel Additives: Modifications to Renewable Fuel Standard and Diesel Sulfur Programs 
(14 pages, English).     
6. Description of content:  EPA is proposing to amend the de finition of heating oil in the 
Renewable Fuel Standard (RFS) program under section 211(o) of the Clean Air Act. This 
amendment would expand the scope of rene wable fuels that can generate Renewable 
Identification Numbers (RINs) as  heating oil to include fuel oil produced from qualifying 
renewable biomass that would be used to genera te heat to warm buildings or other facilities 
where people live, work, recreate , or conduct other activities. Fu el oils used to generate 
process heat, power, or other fu nctions would not be included in the amended definition. 
Producers or importers of fuel oil that meets the amended definition of heating oil would be 
allowed to generate RINs , provided that the fuel oil meets the other requirements specified in 
the RFS regulations. This proposed amendment woul d not modify or limit fuel included in the 
current definition of heating oil. We are also  proposing amendments to the diesel sulfur 
program to provide additional flexibility for transmix processors that produce locomotive and 
marine diesel fuel. Specifically, we are propos ing to reinstate an allowance for transmix 
processors to produce 500 parts per million (p pm) sulfur diesel fuel for use in older 
technology locomotive and marine diesel outside of the Northeast Mid-Atlantic Area. We are 
also requesting comment on extending this al lowance to outside of the Northeast Mid-
Atlantic Area. These proposed amendments to the diesel transmix provisions are expected to 
result in reduced compliance costs for tran smix processors and users of locomotive and 
marine diesel fuel while having a neutral or  positive environmental impact. EPA is also 
proposing to amend the fuel marker requiremen ts for 500 ppm sulfur locomotive and marine 
(LM) diesel fuel to address an oversight in the original rulemaking where the regulations failed to incorporate provisions described in the rulemaking preamble to allow for solvent 
yellow 124 marker to transition out  of the distribution system. G/TBT/N/USA/756 
Page 2  
 
  7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of the environment.  
8. Relevant documents:    
- 77 Federal Register (FR) 61313, 8 Oct ober 2012; Title 40 Code of Federal 
 Regulations (CFR) Part 80; 
- 77 Federal Register (FR) 61218, 8 Oct ober 2012; Title 40 Code of Federal 
 Regulations (CFR) Part 80 - Direct Final Rule. 
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  
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
10. Final date for comments:  8 November 2012 
11. Text available from:  National enquiry point [X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:    
Internet URL's: 
http://www.gpo.gov/fdsys/pkg/ FR-2012-10-09/html/2012-23714.htm  
http://www.gpo.gov/fdsys/pkg/FR-2012-10-09/pdf/2012-23714.pdf