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 out. That is not a rule that is to be accepted, is it? So far it's done nobody any good except a bunch of good ol' boys in air-conditioned boardrooms, and everybody else a lot of harm, with current examples hardly in short supply. The "Big is Beautiful" top-down approach is likely to make just as much of a mess out of biofuels as they've made of fossil fuels. Difficult maybe, but they'll find a way! The future - or a sane future at any rate - surely lies with small-scale, locally based energy supply (local self-reliance, bioregionalism). A lot of biofuels people think this way, so your story is bad news indeed. I'll forward your email to the Biofuels list, I hope you don't mind. Best wishes Keith Addison Journey to Forever Handmade Projects Osaka, Japan http://journeytoforever.org/ >> Biofuels at Journey to Forever http://journeytoforever.org/biofuel.html Biofuel at WebConX http://www.webconx.com/2000/biofuel/biofuel.htm To unsubscribe from this group, send an email to: [EMAIL PROTECTED] Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
