<x-charset ISO-8859-1>Got to correct one error that has been repeated several 
times on this list. 
The IRS exemption is for a total of 400 gallons per year, not 400 per quarter.  
 It makes quite a difference.

Tom Leue

In a message dated 1/28/04 1:33:27 AM, [EMAIL PROTECTED] writes:


> --- In biofuel@yahoogroups.com, "Paul B.Schmidt" <[EMAIL PROTECTED]>
> wrote:
> > One more for the night... :)
> >
> > I've heard things from time to time about legal this and not legal
> > that.€˛I tried searching the archives for some hard data but was
> > overwhelmed with my search results.€˛Anybody have any hard data
> on:€˛( I
> > live in Vermont if that makes any difference)€˛Which of these are
> > national EPA issues and which are state issues?
> >
> > 1.€˛Taxes...€˛I heard I can sell biodiesel for any off road use
> (marine
> > as well !!??) and not have to collect sales tax on it.. correct?
> >
> 
> 
> Not quite correct. You can sell biodiesel for offroad use without
> registering as a fuel or fuel additives producer with the EPA (which
> is the process that is now dominated by the NBB). I believe you still
> need to follow state and federal tax laws. Sales tax is generally
> something different than 'excise tax' on things such as fuels.
> 
> > 2.€˛For personal consumption I don't need any sort of license to
> produce
> > it... correct?
> >
> 
> You need to follow local and federal environmental regulations, which
> may include: secondary containment (ie something to keep the stuff
> out of the ground if you have a spill), limitations on the quantities
> of ingredients and total chemicals (including vegoil and biodiesel)
> which you have stored on site, having MSDS avaiilable, etc. HOWEVER!
> most fire marshalls and other local authorities would probably be
> quite upset if you were making biodiesel, and real-world experience
> has shown that local authorities' interpretation of the hazards of
> what you€˛are doing are VERY variable. AND- while these rules are a
> good idea to follow for your own and others' safety, most peopel just
> do not let any of their authorities know that they are making small
> quantities of biodiesel.
> 
> The IRS does not collect federal excise tax on the first 1600 gallons
> per year of fuel that you make at home, which makes the majority of
> us exempt from this federal fuel tax. State authorities however might
> collect state excise tax on this fuel, or they might not, depending
> on the state. In California they are all set up to recieve your money
> (Board of Equalization is the state tax authority in CA)
> 
> 
> > 3.€˛To sell biodiesel, I dont need a license if it's for off road
> use
> > (needs to be dyed red still though.. yes? - dye with what?)..€‹> correct?
> 
> To sell anything you probably need some sort of license (like
> business license). However you do not need to register as a producer
> of fuels or fuel additives with the EPA if you are selling for
> offroad use. As far as I know, there is no standardization for red
> dyes and biodiesel yet, as some of the yellow-grease-based fuel is a
> cranberry red color in it's natural state.
> 
> >
> > 4.€˛The ASTM standards need to be met to be a commercial producer.€‹> 
> > OK.€‹> 
> 
> as in, it's part of registering with the EPA. Then there is no
> further enforcement of quality as per all the stuff Keith's message
> just quoted. and there's lots of evidence that there have been a few
> commercial producers creating offspec fuel and selling it.
> 
> 
> > Can anybody certify then (doubtful) or does it have to be a
> government
> > body of some sort?€‹> 
> I believe it's a laboratory such as Magellan-Midstream/Williams
> Laboratories in Kansas City (the cheapest lab I've found, the tests
> run about $500 for the whole round and $89 for 'total and free
> glycerol' which is the specification most likely to be 'off'). There
> is no government body who oversees this part of the testing.
> 
> From what I've read, it seems like big companies can
> > set up their own labs and certify their fuels as they need to, so
> if I
> > had cash to spend I could buy the testing equipment and do it
> myself
> > technically ...Correct?
> >
> 
> Producers run in-house testing for their own 'in-house' feedback on
> their quality control, but for EPA registration I belive it's usually
> done through an outside lab. Someone shoud call the NBB for fun and
> see what their stance on the quality control within their industry
> is. Ask them how they enforce that the sample submitted for EPA
> resgistration is actually a representative sample of what the
> producer will be selling. Ask them how much they ensure that the fuel
> that their members will sell is actually ASTM D-6751 compliant.
> 
> 
> 






-----------------------------
Homestead Inc.
www.yellowbiodiesel.com



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