BioDieselNow - Renewable biodiesel fuel

Clean, Renewable, Domestic Biodiesel Fuel for any Diesel Engine
Welcome to BioDieselNow - Renewable biodiesel fuel Sign in | Join | Help
in Search
 
Latest post 06-27-2008 09:06 AM by ccheek. 8 replies.
Page 1 of 1 (9 items)
Sort Posts: Previous Next
  • 04-09-2008 11:35 AM

    What are the laws permitting the sale of Biodiesel?

    I have a friend that owns a business that runs large machinery. 

    He is asking if I can sell him biodiesel for his equipment.

     I don't think that I can, but does anyone know the legal way to go about this?

     I'm thinking it's way above my scope of "to do's" but am curious.

     any suggestions would be appreciated.

     

     

  • 04-16-2008 09:03 AM In reply to

    • ccheek
    • Top 75 Contributor
    • Joined on 04-14-2008
    • Corpus Christi, Tx
    • Posts 323

    Re: What are the laws permitting the sale of Biodiesel?

    very good question. Im starting production of biodiesel from jatropha as well. how much of those taxes will i have to add to the price?

    thanks.

    South Texas Jatropha Farms. http://biodiesel.blogdrive.com/

  • 04-16-2008 04:54 PM In reply to

    Re: What are the laws permitting the sale of Biodiesel?

    I researched this last year for Illinois.  To sell to the over the road side you'll have to collect and pay fuel taxes like a gas station.  Off-road use doesn't have the same criteria so I could sell directly.  What you need to do is research via google your state's fuel sales laws.  You'll end up reading laws but you should be able to get through it.  I also hired a very experienced environmental lawyer who was ultimately no help at all since I'd already looked up all the information online.  The challenge with biodiesel production is, what to do with the glycerine waste.  It's considered a hazardous waste so you can't legally dump it on the ground or down the drain.  I have yet to crack that code for large quantities.  My personal use waste product I can give to a soap maker who turns my meager gallon a month into soap.  But when selling a hundred or so gallons a month to a commercial operator, you'll end up with 20 or more gallons in waste.  You can handle the first month, but by the 6th months you're staring at over 100 gallons of glycerin.  I'm still waiting to hear about the municipal water system overcome by bubbles created by glycerin waste dumped into drains.

  • 04-16-2008 09:07 PM In reply to

    Re: What are the laws permitting the sale of Biodiesel?

    A note towards the glycerin problem.

    From the November 2007 Issue of Ethanol Producer Magazine

    Research Reveals New Biofuels Link

    Crude glycerin is a low-value byproduct of the growing biodiesel industry. But one company, Glycos Biotechnologies Inc., sees potential for the product as a feedstock for ethanol production.

    by Anduin Kirkbride McElroy

     

    Last year, a way to connect the ethanol and biodiesel industries was revealed when it was determined that biodiesel could be a value-added product for ethanol plants through corn oil extraction technology. This year, researchers at Rice University in Houston have discovered yet another link. This new concept is centered on a technology that converts glycerin, a byproduct of biodiesel production, into ethanol.

    Ramon Gonzalez and Syed Shams Yazdani have identified the metabolic processes and conditions that allow a known strain of Escherichia coli to convert glycerin into ethanol through an anaerobic fermentation process. Gonzalez is currently the William Akers assistant professor in chemical and biomolecular engineering at Rice University, and Yazdani is a postdoctoral research associate.

     

  • 04-21-2008 08:47 PM In reply to

    Re: What are the laws permitting the sale of Biodiesel?

    MOTOR FUELS TAX: FYI

    Biodiesel Fuels and Blends

    Issue: Whether biodiesel fuel and biodiesel fuel blends are taxed, and the types of licenses required.

    Texas Tax Code Section 162.204 exempts from tax the volume of biodiesel fuel, or biodiesel fuel blended together with taxable petroleum diesel, when the finished product sold or used is clearly identified on the retail pump, storage tank, and sales invoice.

    Even though the volume of biodiesel fuel is exempt from tax, there are specific license requirements for producers, blenders, sellers, and resellers.

    For example, a person who resells biodiesel or biodiesel fuel blends to other wholesalers or retail dealers for resale or makes bulk sales to end users by way of transport truck, railcar, or barge is required to be licensed as a diesel fuel distributor.

    Similarly, a person who blends biodiesel with taxable petroleum diesel and resells the biodiesel blended fuel to other wholesalers or in bulk to an end user is required to obtain a diesel fuel distributor license.

    Persons who blend biodiesel with tax-paid petroleum diesel fuel and use the final product for their own use or resell the biodiesel blended fuel through their own service stations are required to be licensed as diesel fuel blenders.

    Persons who import biodiesel or biodiesel blended fuel into the state for their own use or resell the product through their own service stations are required to be licensed as diesel fuel importers, unless they are licensed as diesel fuel distributors.

    Persons who export biodiesel or biodiesel blended fuel must be licensed as diesel fuel exporters unless they are licensed as diesel fuel distributors or diesel fuel importers.

    No license is required for persons who produce or purchase B-100 (100 percent biodiesel) for use in their own vehicles or who sell B-100 through their own retail outlets. However, all storage tank labeling and invoice requirements found in Rule 3.443 must still be met.

    The sales invoice must list the basis of calculating the tax as either 20 cents for each gallon of taxable diesel fuel in the blended product or a tax rate based on the percent of taxable diesel fuel in the blended product. For example, the invoice for the sale of 100 gallons of a blend of 20 percent biodiesel and 80 percent taxable diesel fuel may list the state diesel fuel tax at 20 cents per gallon on 80 gallons, or state diesel fuel tax at 16 cents (80 percent of 20 cents) on 100 gallons of biodiesel blended fuel.

    See Rule 3.443, "Diesel Fuel Tax Exemption for Water, Fuel Ethanol, Biodiesel, and Biodiesel Mixtures" for additional information about definitions, invoice documentation, notices required on storage tanks and retail pumps, and refunds.

  • 04-21-2008 08:57 PM In reply to

    Re: What are the laws permitting the sale of Biodiesel?

    Texas Administrative Code

    Next Rule>>
    TITLE 34 PUBLIC FINANCE
    PART 1 COMPTROLLER OF PUBLIC ACCOUNTS
    CHAPTER 3 TAX ADMINISTRATION
    SUBCHAPTER S MOTOR FUEL TAX
    RULE §3.443 Diesel Fuel Tax Exemption for Water, Fuel Ethanol, Biodiesel, and Biodiesel Mixtures (Tax Code, §§162.003, 162.204, and 162.227)

    (a) This rule applies only to motor fuel transactions that take place on or after January 1, 2004. Motor fuel transactions that occur prior to January 1, 2004, will be governed by sections in Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter L.

     

    (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

     

      (1) Water-based diesel fuel--a combination of water, petroleum diesel fuel, emulsifier, and seasonal additives (when necessary) into an emulsion that is suitable or used for the propulsion of a diesel-powered motor vehicle.

     

      (2) Fuel ethanol--alcohol that is made from agricultural products and bioethanol that is made from cellulosic biomass materials.

     

      (3) Biodiesel--a fuel comprised of monoalkyl esters of long chain fatty acids generally derived from vegetable oils or fats, designated B100, and meeting the requirements of ASTM D 6751.

     

      (4) Biodiesel Blend--a blend of biodiesel fuel meeting ASTM D 6751 with petroleum based diesel fuel, designated Bxx where xx represents the volume percentage of biodiesel fuel in the blend. (Example: B20 is 20% biodiesel and 80% petroleum diesel)

     

    (c) Diesel fuel tax exception. The tax imposed on the first sale or use of diesel fuel in this state does not apply to biodiesel or to the volume of water, fuel ethanol, or biodiesel that is blended with taxable diesel fuel, when the finished product is clearly identified on the retail pump, storage tank, and sales invoice as biodiesel or a combination of diesel fuel and water, fuel ethanol, or biodiesel.

     

    (d) Invoice documentation.

     

      (1) The volume of biodiesel must be identified on the sales invoice on each sales transaction, and must continue to be identified on sales invoices until the blended product is sold to the ultimate consumer.

     

      (2) The volume of water, fuel ethanol, or biodiesel that is combined with taxable diesel fuel must be identified on the sales invoice on each sales transaction after the water, fuel ethanol, or biodiesel is first blended with taxable diesel fuel, and must continue to be identified on sales invoices until the blended product is sold to the ultimate consumer.

     

      (3) A sales invoice must:

     

        (A) identify a water-based diesel fuel, ethanol blended diesel fuel, biodiesel, or biodiesel blend by a commonly accepted commercial or industry name for the blended product;

     

        (B) list the volume in gallons (rounded to the nearest whole gallon) or the percentage (rounded to the nearest tenth of one percent) of the blended product that is water, fuel ethanol, or biodiesel;

     

        (C) list the volume in gallons (rounded to the nearest whole gallon) or the percentage (rounded to the nearest tenth of one percent) of the blended product that is taxable diesel fuel. Taxable diesel fuel includes emulsifiers and additives, but not water, fuel ethanol, or biodiesel; and

     

        (D) list the basis of calculating the tax (if a taxable sale) as either $0.20 for each gallon of taxable diesel fuel in the blended product or a ratable tax rate based on the percent of taxable diesel in the blended product. For example, the invoice for the sale of 100 gallons that is a blend of 20% water and 80% taxable diesel fuel may list: state diesel fuel tax of $0.20 per gallon on 80 gallons, or state diesel fuel tax of $0.16 per gallon on 100 gallons of water-based diesel fuel.

     

    (e) Notice required on storage tank and retail pump.

     

      (1) A notice must be posted in a conspicuous location on each storage tank and retail pump from which biodiesel is stored or sold until sold to the ultimate consumer.

     

      (2) A notice must be posted in a conspicuous location on each storage tank and retail pump from the time that the water, fuel ethanol, or biodiesel is first blended with taxable diesel fuel until the blended product is sold to the ultimate consumer, and state the volume percentage of water, fuel ethanol, or biodiesel that is blended with petroleum diesel fuel.

     

      (3) The notice must:

     

        (A) identify the product by the common industry name or commercial name of the blended product,

     

        (B) state the percentage (rounded to the nearest tenth of one percent) of the finished blended product that is water, fuel ethanol, or biodiesel, and

     

        (C) state the percentage (rounded to the nearest tenth percent of one percent) of the finished blended product that is taxable diesel fuel. Taxable diesel fuel includes emulsifiers and additives, but not water, fuel ethanol, or biodiesel.

     

    (f) Refund of diesel tax paid. The ultimate consumer who has paid tax on biodiesel or on the percentage of product that is water, fuel ethanol, or biodiesel may file a claim for refund of taxes that have been paid on biodiesel or on the volume of water, fuel ethanol, or biodiesel that is blended with taxable diesel fuel as provided by §3.432 of this title (relating to Refunds on Gasoline and Diesel Fuel Tax). The refund claim must be supported with purchase invoice(s) as described in subsection (d) of this section. The total volume of diesel fuel that is purchased is presumed to be taxable diesel fuel if the purchase invoice does not meet the requirements of subsection (d) of this section.

     

    (g) Commercial motor vehicles licensed under the International Fuel Tax Agreement (IFTA).

     

      (1) A water-based diesel fuel, ethanol blended diesel fuel, biodiesel, or biodiesel blend that is delivered into the fuel supply tank(s) of a motor vehicle that is licensed under the IFTA is presumed to be used in the jurisdiction in which it was purchased. This presumption may be overcome if it is shown that the total amount of water-based diesel fuel, ethanol blended diesel fuel, biodiesel, or biodiesel blend that is purchased in other IFTA jurisdictions is greater than the amount of total diesel fuel used in other IFTA jurisdictions by all diesel-powered motor vehicles that the IFTA licensee operates.

     

      (2) In calculating the IFTA fleet average mile-per-gallon, the total gallons of diesel fuel that are consumed includes the total gallons of water-based diesel fuel, ethanol blended diesel fuel, biodiesel, or biodiesel blend.

     

      (3) An IFTA licensee who overpays the tax on a water-based diesel fuel, ethanol blended diesel fuel, biodiesel, or biodiesel blend by way of an IFTA tax return may request a refund from the comptroller. A refund claim must be supported with purchase invoice(s) as described in subsection (d) of this section. The total volume of diesel fuel that is purchased is presumed to be taxable diesel fuel if the purchase invoice(s) do not meet the requirements of subsection (d) of this section.

     

    There is NO TAX and NO LICENSE for B100 for PERSONAL USE or SALE at your own station or pump. You must follow rules in this post for Invoicing and notice sign posted in the right locations.

    Where I live  oil if free or they pay someone to pick it up. Texas

  • 04-28-2008 10:05 AM In reply to

    • Txngent
    • Not Ranked
    • Joined on 04-27-2008
    • Conroe, TX.
    • Posts 3

    Re: What are the laws permitting the sale of Biodiesel?

    You will also need a "blender's license" if you produce over so many gallons being you are using Methanol... as per the Texas Comptroller's Office. 

    Lowen70.... As far as getting the oil for free or being paid to haul it off... I need to talk with you if you are interested... I would be willing to work a deal on a finders fee.  I am not a dealer or in the "used oil" business, I am just stumped on finding oil.  I just want enough to fuel my personal vehicle. 

     

    Randy My Business My Space
  • 04-30-2008 10:20 AM In reply to

    Re: What are the laws permitting the sale of Biodiesel?

    Blending license is only for blending B1,2,3,4,?  not B100 as you are not blending fuels you are reacting your oil. The methanol is not to be present after the B100 is finished so this does not pertain to us!

    Conroe, Tx is a little far from me. I'm honing in on a couple of restaurants some are in contracts. I'm picky on who i'm going to use. I will sample oil before i commit aswell.

  • 06-27-2008 09:06 AM In reply to

    • ccheek
    • Top 75 Contributor
    • Joined on 04-14-2008
    • Corpus Christi, Tx
    • Posts 323

    Re: What are the laws permitting the sale of Biodiesel?

    i called around the texas state offices yesterday and found the following info. maybe it will be of some help.

    if you grow jatropha curcas, harvest the seeds, dry them, and haul them to a biodiesel plant here in texas, you need no licensing at all.

    if you grow JC to make your own fuel and sell to no one else, you need no license.

    if you grow jc, and crush the seeds and sell the oil as fuel (straight) no mixing, you need a wastewater treatment operators permit and an evaluation from the EPA.

    if you grow JC as a nursury, you can obtain a license for ONE permanant building for $75 to sell JC from, saplings or seeds.

    those permits range up in how many acres you are growing, to the largest, over 20 acres. at a cost of $180 per year, with that you get 10 permits to attend conferences and shows and take product with you to show off and sell as well.

     

    South Texas Jatropha Farms. http://biodiesel.blogdrive.com/

Page 1 of 1 (9 items)
Home | Blogs | Forums | Promote Biodiesel | Testimonials | Links | Downloads | Top of the page

Forum Navigator: