Sorry for quoting the entire message, but I couldn't figure out who
wrote what, so couldn't attribute the quote and snip too.
My legal skills are a little rusty, having retired from practicing
environmental law several years (over a decade, now) ago. Could
someone explain the meaning of 40CFR79.58(d)2? Biodiesel appears to
be a non-baseline product, thus a small producer is limited to only
$50 million in sales per year. If less, he is exempt from Tier I and
II. But he must request the exemption. And the
Administrator shall grant the exemption.
I would have to examine the application to form an opinion in this
matter. Then I'd probably need to charge a fee. Aw, forget it.
VeggiePup
--- In [EMAIL PROTECTED], Keith Addison [EMAIL PROTECTED] wrote:
To: [EMAIL PROTECTED]
From: [EMAIL PROTECTED]
Date: Mon, 11 Feb 2002 09:21:58 EST
Subject: Re: [biofuels-biz] Generally Stalled Motors
Reply-To: [EMAIL PROTECTED]
The EPA administrator was referring to 40 CFR 79, which
states: 'In
accordance with the regulations at 40 CFR 79, Subparts A, B, C, D
and F,
Registration of Fuels and Fuel Additives, manufacturers of (1)
motor vehicle
gasoline, (2) motor vehicle diesel fuel, and (3) additives for
those fuels,
are required to have their products registered by the Environmental
Protection Agency (EPA) prior to their introduction into commerce.
Registration involves providing (1) a chemical description of the
fuel or
additive, (2) certain technical and marketing information, and (3)
any he
alth-effects information in company files.'
It is interesting that (a) it took more than 6 months for the EPA
to respond
to my request for registration, and (b) they won't put anything
into writing.
However, there was no doubt about the magnitude of the threat of
fines. The
administrator said it wouldn't be fair to the National Biodiesel
Board if
their health effects data was used for anyone else to prove that
biodiesel
was essentially safe to use. How does one fight this? My current
plan is to
get the health effects data by use of the Freedom of Information
Act and to
go from there. I am also trying to approach my legislators to get
a change in
the law, with mixed results. In any case, a law change takes a lot
of time,
one to two years is optimistic. This is something that everyone can
participate in: tell you local legislator about biodiesel and the
fact that a
non-profit board has effectively sewed up the right to produce
this fuel. By
the way, in my case, there is no question about taxes, I was
paying both
state and federal road taxes on the fuel that I used and I sold.
My main
problem was that I was probably too honest.
I think this is a serious issue for all people aware of the
possibility of
biofuel usage. Our rights are being removed by a combination of
government
agencies and industry. Sounds familiar? This is a classic case of
the
duplicity of the government line that they want to promote
renewable fuels
and energy independence. They do not, they just want to keep more
money
circulating within the country among their friends, rather than
being sent
overseas.
Its time for guerilla biodiesel.
In a message dated 2/11/02 7:14:49 AM, [EMAIL PROTECTED] writes:
Hello Tom
What a sad story - should the EPA perhaps be renamed the
Environment
Prevention Agency?
I am the producer of Yellow Brand PREMIUM Biodiesel, located in
Ashfield, MA.
In 2001, we produced 3,650 gallons of biodiesel from our own
technology. This
is a low cost production system, in its third generation of
development. With
recent updates to the system and the experience gained, it is
expected that
we would produce 10,000 gallons this year. While not a big
production system
yet, this has been a complete bootstrap operation, and has
received no
funding from any outside source. Capital development has been a
major
limiting obstacle, more so than technical obstacles.
This week I have been shut down by the EPA because they say I
may
not use the
health effects data developed by the non-profit National
Biodiesel Board,
which is used by every other commecial producer in the country,
but must
develop my own.
What is their rationale for this, or don't they bother to give one?
Is it just arbitrary? Can you give us some more details? It seems
that you're using well-established practices which are backed by
many
studies with well-known health effects. Why should you have to
reinvent the wheel?
The EPA estimates that will cost me in excess of $1,000,000.
Needless to say, I cannot come up with that kind of money. The
EPA stated
this week if they catch me making more of the fuel, the fine is
up
to $25,000
per day. I choose not to join the National Biodiesel Board
because of their
contract requirements which are unduly burdensome on a small
operation like
mine. It is like other industries: get big or get
