Keith, Tom, et. al., The following Federal Register notice has some relevant information. Keith, this may be the notice you were referring to. I gleaned the following points:
1. Biodiesel (neat and blends) is considered a non-baseline diesel fuel. 2. There is no language that bars small-business biodiesel producers from the Tier 1 and Tier 2 testing exemptions. 3. All categories of biodiesel are considered similar for testing purposes (at this time). Now, this afternoon I got a message from Joe Sopata at EPA (lots of phone tag) in which he stated that any blend <= 6% biodiesel was considered a nonbaseline fuel, and anything over 6% was considered atypical, and therefore not subject to the Tier 1 exemption. The thing is, I can't find that definition in any EPA documents. What I find is what I have quoted below. EPA tests biodiesel at 100% as the representative group, and assumes that most applications will be a 20/80 blend. I don't know where this <6% rule comes from, but it may be a purely discretionary interpretation, and not a written rule issued as a regulation. So, Tom, I don't know how EPA could be threatening to shut you down on this basis. I'll keep checking. Thor The reference: [Federal Register: March 17, 1997 (Volume 62, Number 51)] [Rules and Regulations] [Page 12564-12572] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17mr97-18] [selected snips] "Biodiesel fuels and most blends of bio-and conventional diesel fuel contain more than 1.0 weight percent oxygen and thus, according to Sec. 79.56(e)(3)(ii)(B), fall into the non-baseline diesel category. Under Sec. 79.56(e)(4)(ii)(B)(2), as adopted in May 1994, biodiesel fuels derived from vegetable oil (``mixed alkyl esters of plant origin'') are grouped separately from biodiesel fuels derived from animal fat (``mixed alkyl esters of animal origin'')." "In regard to selecting the biodiesel group representative, EPA has decided that 100 percent biofuel is most appropriate for the screening purposes of Tiers 1 and 2. EPA has received industry assurances, both in written comments (docket item VII-D-19) and in follow-up communications,\5\ that the use of 100 percent biofuel does not require significant engine modifications. Furthermore, while 20 percent biodiesel formulations are expected to predominate in the commercial marketplace during the short term, both lower and higher percent blends may see greater market penetration in the future." "While the available data are not comprehensive, EPA agrees with industry commenters that plant- and animal-derived biodiesel fuels appear to have generally similar chemical composition. [Accordingly] the Agency is today revising the grouping rule for biodiesel F/FAs to permit plant and animal biodiesel F/FAs to group together and be represented by one group representative for compliance with Tier 1 and Tier 2 testing requirements." "EPA has carefully considered the commenters' arguments in relation to other provisions of the F/FA registration and testing program. The program is structured around the concept that business entities which profit from the sale of a F/FA product should generally share responsibility for its potential effects on the public health and welfare. Such businesses have thus been required to share in the burdens associated with determining these potential effects. However, this general principle is tempered by various provisions which recognize that other factors, such as characteristics of the F/FA marketplace and distribution system, must also be taken into account when assigning the regulatory burdens." "The special provisions for small businesses (Sec. 79.58(d)) also grant exemptions based upon financial and marketplace factors. Moreover, provisions finalized in today's action permit this exemption to ``pass through'' to customers of small businesses, regardless of the size of the customers, to prevent disruption of marketplace relationships (see section IV.B, below)." --- Keith Addison <[EMAIL PROTECTED]> wrote: > Hello Thor > > If you look at this previous message: > http://archive.nnytech.net/index.php?view=887&list=BIOFUELS-BIZ > > - from Shaine Tyson at NREL, via Tom Leue, it seems > biodiesel doesn't > qualify for expemtions under baseline or > non-baseline because it's > not a petroleum fuel. Others also reached this > conclusion. > > So where did this spring from? > > >AN EXCEPTION IS BIODIESEL, WHICH IS ONE > >GROUP, EVEN THOUGH IT CONSISTS OF MIXED ALKYL > ESTERS > >OF PLANT AND/OR ANIMAL ORIGIN." (My > capitalization)` > > I saw it at the url you gave. > __________________________________________________ Do You Yahoo!? Yahoo! Autos - Get free new car price quotes http://autos.yahoo.com Biofuels at Journey to Forever http://journeytoforever.org/biofuel.html Biofuel at WebConX http://www.webconx.dns2go.com/2000/biofuel/biofuel.htm List messages are archived at the Info-Archive at NNYTech: http://archive.nnytech.net/ 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/
