1) YBD was told they could not use the Health Effects testing and not to produce any more fuel, I assume primarily because they were not on this list of registered fuels:
http://www.epa.gov/otaq/regs/fuels/additive/web-fuel.txt 2) If not on the list, you don't sell commercially, or you are asking for trouble and are the author of your own fate. Period. So, to get on the list you need to show what? That you are making the same stuff as the other guys. Example: "To attain registration of its fuel, Southern States Power Co. provided the EPA with independent test results verifying the composition of OxEG Biodiesel. As a result of this milestone, Southern States Power Co. will pursue all opportunities to sell its fuel to agencies of the U.S. government, such as the Departments of Agriculture, Interior and Defense. EPA registration does not signify an endorsement or approval of a fuel by any agency of the United States. " http://www.socialfunds.com/news/release.cgi?sfArticleId=838 --- So, what's the EPA accept as "verification of compositon"? Probably, in the absence of a final standard, they would accept ASTM-PS 121? Would they, legally, also be bound to ask for the "alternative fuel's" health effects testing? Well, let's start here: The Clean Air Act: What It Means for Municipal Fleets Tough new emissions standards will soon take effect. And beginning in 1998, in metropolitan areas with serious or extreme air pollution problems, 30% of new vehicles purchased for municipal fleets must be "clean fueled." Many of these vehicles will run on alternative fuels. The Clean Air Act Amendments of 1990 specifically target vehicle fleets. Today, fleet managers all over the country are taking account of how this will affect them. The amendments mandate a broad range of new requirements aimed at improving air quality. The goal is for air quality in all metropolitan areas in the country to eventually meet federal standards, which are based on human health concerns. The standards will list maximum acceptable levels (in a specified time period) of nitrogen oxides (NOx), carbon monoxide (CO), hydrocarbons, sulfur oxides (SOx), ozone, and suspended particulates. Metropolitan areas that fail to meet federal standards will be required to comply with state plans to improve air quality. Areas that fail to comply with the state plans will risk the loss of federal funds for constructing new highways and other sanctions. Beginning in 1998, greatly reduced emissions levels will be required for fleet vehicles. And fleet operators will be encouraged to use clean, alternative fuels. http://www.eren.doe.gov/cities_counties/cleanai.html --- And then this: Energy Department Issues Rule On Biodiesel-Powered Vehicles May 2001 On Jan. 11, the Department of Energy issued a final rule, implementing the Energy Conservation Reauthorization Act of 1998. That statute allows fleets that are required to purchase alternative fueled vehicles under the Energy Policy Act to meet a portion of these requirements through the use of biodiesel fuel. The final rule establishes procedures for fleets and covered persons to request credits for the use of biodiesel. Fleets that are otherwise required to purchase an alternative fueled vehicle now may choose to satisfy that obligation through the purchase and use of 450 gallons of biodiesel in vehicles with a gross vehicle weight exceeding 8,500 pounds. Biodiesel may be used to satisfy up to 50 percent of a fleet's alternative fueled vehicle requirements. To be eligible for credit, the fuel must contain at least 20 percent biodiesel by volume and must be purchased after Nov. 13, 1998, the date of enactment of ECRA. The final rule was scheduled to go into effect on Feb. 12, but was delayed for 60 days to allow time for the Bush administration to review the rule. A May 2 Federal Register notice announced the completion of the regulatory review process and established a new effective date of April 13, 2001. For more information, contact Richard Moskowitz, ATA environmental counsel, (703) 838-1910. --- So, since the market for biodiesel has largely been created in the USA by the lobbying efforts of the NBB and the research they have sponsored, and since sales of biodiesel have, in fact, been greatly enhanced by the EPA's acceptance of that research so that biodiesel can be used in fleets, ( so that those fleet owners can more easily comply with the regulations they are forced to live with - regulations which are at their most basic level concerned with reducing air pollution) , it does not seem unfair that the NBB require commerical producers who wish to use NBB-sponosred research in their efforts to become registered fuel producers (registered with the EPA) to be members of the NBB, and it does not seem unreasonable that the EPA require commercial producers to be able to show that their product meets a standard that they agree with, which influenced their decision to allow biodiesel's use under EPACT. The NBB will certainly impose standards upon members, and there will be costs of membership as well as, probably, increased operating costs, for ongoing QC testing and perhaps other costs. This is not unlike the functioning of countless other trade organizations whose members are willing to accept those responsibilities and costs in exchange for the benefits of membership (lobbying power, acceptance, recognition, social and regulatory "license to operate, etc.). --- And yes, the EPA can ask for the appropriate health effects testing... Sec. 211. (a) The Administrator may by regulation designate any fuel orfuel additive (including any fuel or fuel additive used exclusively in nonroad engines or nonroad vehicles) and, after such date or dates as may be prescribed by him, no manufacturer or processor of any such fuel or additive may sell, offer for sale, or introduce into commerce such fuel or additive unless the Administrator has registered such fuel or additive in accordance with subsection (b) of this section. (b)(1) For the purpose of registration of fuels and fuel addi- tives, the Administrator shall require- (A) the manufacturer of any fuel to notify him as to the commercial identifying name and manufacturer of any additive contained in such fuel; the range of concentration of any additive in the fuel; and the purpose-in-use of any such additive; and (B) the manufacturer of any additive to notify him as to the chemical composition of such additive. (2) For the purpose of registration of fuels and fuel additives, the Administrator may also require the manufacturer of any fuel or fuel additive- (A) to conduct tests to determine potential public health effects of such fuel or additive (including, but not limited to, carcinogenic, teratogenic, or mutagenic effects), and (B) to furnish the description of any analytical technique that can be used to detect and measure any additive in such fuel, the recommended range of concentration of such addi- tive, and the recommended purpose-in-use of such additive, and such other information as is reasonable and necessary to determine the emissions resulting from the use of the fuel or additive contained in such fuel, the effect of such fuel or additive on the emission control performance of any vehicle, vehicle engine, nonroad engine or nonroad vehicle, or the extent to which such emissions affect the public health or welfare. http://www.epa.gov/oar/caa/caa211.txt So, want to sell commercial biodiesel in the USA? Provide the data. Can't afford it? Get the NBB's blessing, in other words join and comply with their requirements for membership, and use theirs. Too onerous for the small producer? Well, as I said before, talk to them about it. If you are not getting anywhere, remind them that a lot of small businessmen - farmers - fund them. If that doesn't work, and no reasonable provision can be made to allow small producers to get a start, go to the farmers organizations that fund the NBB, and talk to them. There ought to be provision for BONA FIDE small producers, as I indicated earlier. That's in the spirit of sustainability. Whether a small business, or a small farmer's co-op, local and regional small scale production ought to be part of the biodiesel world in the US, if those enterprises can compete economically or on the basis of service or what have you. If it is truly the case that the costs are too high for these enterprises to get their fuel properly registered, then that is what needs to be addressed, and working through the NBB and its funders seems the best option to get that established. Bashing each other, the NBB, the government, etc. ad nauseum, is a waste of energy and bandwidth. Get on with drafting the most reasonable proposal you can, outlining the social, economic and environmental justifications as to why small producers ought to be encouraged, and costs made reasonable for them, make good suggestions as to how that might work fairly for all members, and submit it to the NBB. Alan Weber's thesis work was on the feasibility of community scale biodiesel operations. Here is what he's doing now... "Some of Mr. WeberÕs current client responsibilities include positioning biodiesel in the US alternative fuels marketplace and advising the National Biodiesel Board on market analysis & outreach issues." http://www.marciv.com/weber-body.htm So, if you are serious about commercial production, it seems to me he'd be a good place to start, rather than sicking the Congressman on the EPA, and whining about hassles. Yes it's hard to be an underfunded small business, and it is difficult to be informed and stay in compliance - as someone said, that's why a warning was issued. The enforcement people have already given YBD a break. Now it's up to them to respond properly. Edward Beggs per Neoteric Biofuels Inc. www.biofuels.ca ------------------------ Yahoo! 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