Bill and Todd;
Have you considered selling BioDiesel as a fuel additive only.  Does this 
not exempt you from many of the troubling issues?

<snip>
>Bill,
>
>While you have hit upon what might appear to be a reasonable
>loophole in the matter, there remain several points of
>contention.
>
>For a moment consider that I might be a very bitter commercial
>biodiesel manufacturer, extremely angry at the manner in which
>the NBB/soy councils are attempting to get their checkoff dollars
>back after they've already spent them once. Surely you don't
>believe that someone such as this would let a manufacturing
>scenario such as you present go unchallenged, simply because the
>state or municipality is road tax exempt?
>
>Consider the EPA's definition of "in commerce" as being on-road
>use. Not brief use of agriculturally exempt dyed fuel, such as
>hauling a tractor to a harvest site, but non-dyed commercial
>grade fuel. It's the exact same fuel whether it's taxed or not
>and whether it's in a state DOT truck, a privately owned tractor
>trailer or a Volkswagen Golf.
>
>Also consider for a moment from where these tax exempt entities
>have been previously accessing their fuel - outside vendors.
>There are arenas full of ordinances and statutes governing the
>acquisition of supplies and competing with commercial interests.
>
>Now try and explain to the miffed commercial biodiesel producer
>why the state or municipality should be exempt from the same
>Health Affects data requirements that he or she must adhere
>to....Same roads. Same air. Same quality of emissions. Which
>brings a soul directly to the off-road exemption, which will at
>some point cease to exist due to the very same arguement.
>
>Too many lawyers, too many bureaucrats and too many people
>serving self-interests inevitably screw up anything worthwhile.
>
>Todd Swearingen
>
>----- Original Message -----
>From: William Clark <[EMAIL PROTECTED]>
>To: <biofuel@yahoogroups.com>
>Sent: Monday, June 10, 2002 11:45 PM
>Subject: Re: [biofuel] First stage foolproof method
>
>
> > Todd- Early on in my ivestigation of biodiesel (relative to the
>total time I
> > have spent) I checked with the municipality here and found that
>they are
> > exempt from state and federal fuel taxes. Same for schools. My
>question here
> > is if a municipality would be required to register thier fuel
>if they
> > produce it themselves and use it to operate their own
>equipment? I make the
> > assumption that apart from the chemical inputs, there will be
>no hazardous
> > by-products. If chemicals which may be obtained on the open
>market are
> > properly handled, what other concern does the EPA have in this
>matter?
> >
> > Bill C.
> > ----- Original Message -----
> > From: "Appal Energy" <[EMAIL PROTECTED]>
> > To: <biofuel@yahoogroups.com>
> > Sent: Monday, June 10, 2002 10:04 PM
> > Subject: Re: [biofuel] First stage foolproof method
> >
> >
> > > Bill,
> > >
> > > There is nothing to stop anyone from producing their own fuel
>for
> > > their own off-road use, save for local ordinances that may
>apply.
> > > And there may not be anything stopping anyone from producing
> > > their own fuel for their own personal on road use, save for
>the
> > > IRS and state taxation departments relative to collection of
>road
> > > taxes and the EPA relative to registration of the fuel -
> > > presuming they made the effort to be intentional pains in the
> > > arse on the matter.
> > >
> > > But the moment a commercial manufacturer produces the first
>drop
> > > for use in commerce (road legal fuel), they have to buy
>access to
> > > Health Affects data, either by paying NBB fees, conducting
>their
> > > own studies or partnering with an entity that already has
>legal
> > > access to the data.
> > >
> > > That's pretty much the end of the story at the moment. And
>pretty
> > > much what scotches it for many people who would ordinarily
>move
> > > into higher volumes of manufacture within their own
>communities.
> > >
> > > Todd Swearingen
> > >
> > > ----- Original Message -----
> > > From: William Clark <[EMAIL PROTECTED]>
> > > To: <biofuel@yahoogroups.com>
> > > Sent: Monday, June 10, 2002 10:50 PM
> > > Subject: Re: [biofuel] First stage foolproof method
> > >
> > >
> > > > Todd- I don't know exactly what EPA and soybean councils
>have
> > > put on paper.
> > > > I would be interested in seeing what legislation or rules
> > > apply. Would
> > > > appreciate directions to access that info (if available).
>One
> > > loophole I
> > > > hope to exploit may be that I am proposing that entities
>refine
> > > their own
> > > > fuel, not produce commercially.
> > > >
> > > > Bill C.
> > > >
> > > > .----- Original Message -----
> > > > From: "Appal Energy" <[EMAIL PROTECTED]>
> > > > To: <biofuel@yahoogroups.com>
> > > > Sent: Monday, June 10, 2002 9:24 PM
> > > > Subject: Re: [biofuel] First stage foolproof method
> > > >
> > > >
> > > > > That's rather a hopeful thought...that an Audobon/NBB
>board
> > > > > member could persuade the EPA and the soybean councils to
> > > make a
> > > > > loophole in the matrimonial papers they formulated in
>order
> > > to
> > > > > accomodate micro-regional manufacture.
> > > > >
> > > > > Don't get me wrong. It would be wonderful if they would.
>But
> > > that
> > > > > certainly hasn't been the stance of either up to this
>point.
> > > And
> > > > > it's rather difficult to imagine that they could even if
>they
> > > > > wanted to, as the general rule in this country is "equal
> > > > > protection under the law."
> > > > >
> > > > > Which also means equal enforcement, prosecution and
> > > > > persecution.... meaning that the rules are to be applied
> > > equally
> > > > > to everyone and that exceptions are perceived as the
> > > proverbial
> > > > > pox - no matter how beneficial they prove.
> > > > >
> > > > > One can always hope. But if I were you, I would be
> > > formulating a
> > > > > backup plan well before I put all my eggs in that basket.
> > > > >
> > > > > Todd Swearingen
> > > > >
> > > > > ----- Original Message -----
> > > > > From: William Clark <[EMAIL PROTECTED]>
> > > > > To: <biofuel@yahoogroups.com>
> > > > > Sent: Monday, June 10, 2002 9:09 PM
> > > > > Subject: Re: [biofuel] First stage foolproof method
> > > > >
> > > > >
<snip>


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