The Tier 1 and Tier 2 testing requirement submittals are available on the 
web. I know, I should have the reference, but I don't. I've got the pdf 
files, but not where they came from. Yahoo to the rescue. Anyway, the Tier 2 
test results on the web specifically state "not copyrighted, performed under 
contract to the NBB" or like that. I have a letter from Dr. Shane Tyson of 
the National Renewable Energy Board stating that this work was done under 
federal funding and as such is in the public domain.

Tom Leue


In a message dated 7/23/02 10:52:43 PM, [EMAIL PROTECTED] writes:

<< Well if the process is public domain then any one can use it. It sounds 
like the scam is Archer-Daniels-Midland holding the only certified test 
sample by the EPA. The EPA also has know right to restrict use of public 
domain information or processes. So do you have access to the 
information that supports Archer-Daniels-Midland claim and the EPA's?

[EMAIL PROTECTED] wrote:

>I don't know much about the state laws or local bylaws, but here is the 
>federal picture: The EPA requires registation of all fuel producers for 
>non-standard fuels, that is including biodiesel. They also require testing 
of 
>these fuels. They claim that even though federal funds were used to test the 
>only sample that has been processed to date, they will not allow this public 
>domain information to be used unless the user buys the rights from a company 
>set up by Archer-Daniels-Midland Co. This company (the NBB) is supposed to 
be 
>a non-profit, but they require usury fees for small producers, such that it 
>will increase your costs by a dollar a gallon or so. The EPA says they will 
>fine small producers up to $25,000 a day if they find your are putting 
>biodiesel fuel into "commerce", meaning selling it or bartering it.  The 
cost 
>of testing a single sample is expected to be about $1,000,000, according to 
>the EPA. The EPA says there are no further grants available for this testing 
>costs. The EPA doen't care about issues like quality, ASTM testing, etc., 
but 
>wants to see the receipt for the purchase of the rights to use the one 
>sample. The NBB requires thoussands of dollars in fees per year, testing, 
and 
>a signed committment to pay $100,000 within 30 days as a cash bond if you 
are 
>late with your quarterly fees or are planning to get out of the business. 
The 
>bond will be returned by the year 2015, without interest, if the NBB feels 
>they have recovered sufficient return on their (grant sponsored) investment. 
>Otherwise, they keep some or all of the bond. In other words, 
>Archer-Daniels-Midland has this entire area sewed up and small producers 
>should not apply. The EPA official says that I should never have started 
>making biodiesel in the first place, and am subject to retroactive fines 
back 
>to the day I first started paying the road tax.
>
>If you want to find out what to do about this, write back.
>
>Tom Leue
>Homestead Inc.
>Yellow Biodiesel
>
> >>


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