. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/136 
21 July 2005 
 (05-3294) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated 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) (141) 
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. 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):   Diesel fuel 
(HS Chapter 2710;  ICS 13.040) 
5. Title, number of pages and language(s) of the notified document:   Control of Emissions 
of Air Pollution from Diesel Fuel  (3 pages, in English) 
6. Description of content :  EPA is proposing to correct, amend, and revise certain  provisions 
of the Highway Diesel Rule adopted on January 18, 2001 (66FR 5002), and the Nonroad 
Diesel Rule on June 29, 2004 (69 FR 38958).  Fi rst, it proposes minor corrections to clarify 
the regulations governing compliance with the diesel fuel standards. These minor 
corrections focus primarily on the Nonroad Ru le;  however, some may affect provisions 
contained in the Highway Rule that were overlooked at the time the Nonroad Rule was 
finalized.  Second, it proposes amending the designate and track provisions to account for 
companies within the fuel distribution system th at perform more than one function related to 
fuel production and/or distribution.  This w ould alleviate the problem of inaccurate volume 
balances due to a company performing multiple functions.  Finally, with respect to the 
generation of fuel credits, it proposes revising the regulatory text to allow refiners better 
access to early highway diesel fuel credits.  Th e intention of this amendment is to help 
ensure a smooth transition to ultra low-sulfur diesel fuel nationwide. 
We are publishing in the "Rules and Regulati ons" section of today's Federal Register a 
direct final rule that will correct several typogr aphical errors, modify the designate and track 
regulations to account for companies that pe rform more than one function, and provide 
increased incentive for early compliance with th e ultra low-sulfur diesel fuel requirements 
without further EPA action unless we receive adverse comment.  We have explained our 
reasons for today's action in detail in the preamb le to the direct final rule.  If we receive 
adverse comment, we will withdraw the direct fi nal rule prior to its effective date, and will 
address all public comments in a subsequent fina l rule based on this proposed rule.  We will 
not institute a second comment period on this ac tion. Any parties interested in commenting 
must do so at this time. G/TBT/N/USA/136 
Page 2  
 
 7. Objective and rationale, including the na ture of urgent problems where applicable:   : 
Protection of environment 
8. Relevant documents:   70 Federal Register (FR) 40949 15 July 2005; Title 40 Code of 
Federal Regulations (CFR) Part 80.  Will a ppear in the Federal Register when adopted. 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:   15 August 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:   
Internet URLs: 
http://a257.g.akamaitech.net/7/257/24 22/01jan20051800/edocket.access.gpo.gov/2005/05-
13782.htm 
http://a257.g.akamaitech.net/7/257/24 22/01jan20051800/edocket.access.gpo.gov/2005/pdf/
05-13782.pdf