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May 12, 2008 1:09 PM PDT

Red tape, costs entangle fans of 'green' fuel

by Elsa Wenzel
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It's not uncommon on California roadways to spot diesel cars with bumper stickers that boast of biofuels in the engine, using slogans such as "Fuel for the revolution."

"This is the largest underground movement in the United States since the Civil War and the underground railroad," said Michael Wittman, an environmental activist and biodiesel user in Los Angeles.

But many drivers who began using biofuels to reduce their carbon emissions and save money fear that little-known government regulations are nipping the adoption of homegrown, "green" fuels in the bud.

In California, it's illegal to collect vegetable oil from a restaurant for fuel without paying a $300 license upfront as well as hefty road use taxes per gallon. And along with rising costs for commodities, rules regulating how to sell non-standard fuels are driving some biofuel suppliers out of business.

Fans of homegrown fuels are finding it more costly and time-consuming to keep filling up with biodiesel or vegetable oil.

Fans of homegrown fuels are finding it more costly and time-consuming to keep filling up with biodiesel or vegetable oil.

(Credit: Sienna Wildwind/Green Means Go Cars)

"There are so many people doing this underground, not putting stickers on their cars to advertise," Wittman said. "Restaurant owners are not aware it's illegal so when a customer asks for oil they say, 'Sure.' People don't know the rules."

Apparently the only way that people have been getting away with filling up their diesel tanks with home-filtered vegetable oil has been due to regulators looking the other way.

Biofuel users who want to collect vegetable oil have to apply for a license from the meat and poultry inspection branch of the California Department of Food and Agriculture. The price in the last year or so has gone to $300 from $75, not counting mandatory insurance.

In April, an Illinois man was arrested in Santa Clara County for trying to take grease from a Burger King.

And many people running home-brewed fuel aren't aware that they owe road maintenance taxes, which are built into the price of gasoline or diesel at the pump.

Even Gov. Arnold Schwarzenegger was surprised to learn that he owed taxes of 18 cents for every gallon of straight cooking oil that was powering his converted Hummer, according to the Los Angeles Times.

After drivers including a state senator faced fines in North Carolina last year, it became one of five states to stop imposing road use taxes on biofuel users. Drivers are also exempt in Illinois as well as Rhode Island, Texas, and Indiana.

In a well-publicized 2007 Illinois case, state tax authorities accused a retired couple of breaking the law by running a converted 1986 Volkswagen Golf on waste vegetable oil at 46 miles per gallon.

The tax remains in California, in addition to an 18 cent per gallon federal tax.

Biofuel advocates wonder why they aren't getting the same breaks as hybrid cars, which aren't subject to motor fuel taxes for the time they cruise on roads under electrical power. Some feel they are being punished for their efforts to drive "greener," and blame Big Oil for influencing lawmakers.

And many worry that the food-versus-fuels concern has led the public to "blame the hippies" for the rising prices for staple crops.

Fans of "green" fuel note, however, that biodiesel can be made without using food crops and other commodities. On the West Coast, biodiesel cooperatives have switched from using virgin soy shipped from the Midwest to recycling feedstock from local sources. Potentially even more sustainable, algae remains on the horizon.

The general public often confuses the various types of biofuels. Biodiesel and veggie oil get lumped in with ethanol, made from corn largely grown by large corporations and backed by government subsidies. But biodiesel can be pumped into in any car that accepts petroleum-based diesel.

Cars that run on grease from french fries or other food, by contrast, must be converted first, which can cost several thousand dollars. Those vehicles can hum along on waste oil from restaurants or, say, on canola oil from Costco.

Colette Brooks, co-founder of the L.A. Biodiesel Co-op, sits inside a mobile fueling station.

Colette Brooks, co-founder of the L.A. Biodiesel Co-op, sits inside a mobile fueling station.

(Credit: Colette Brooks)

As with gasoline, prices are climbing for biofuels across the board. Biodiesel costs around $5 per gallon, still more than petroleum-based diesel at the pump. Pure vegetable oil from a store shelf that was less than $4 per gallon last year costs above $4.50.

Some veggie oil users who used to be paid by restaurants for offloading waste grease are finding that they now have to pay the restaurants as much as 10 cents per gallon.

VegRev, a small shop that converts old diesel Mercedes to accept a mix of diesel, biofuel and waste oil, scrapped its plans from last year to sell waste oil-based fuel for $1.50 per gallon in San Francisco. Co-founder William Hibbitts, who has since moved operations to Oakland,Calif., said legal red tape wasn't the issue.

But vegetable oil appears to be caught in a Catch-22. The EPA requires all fuel and additives to be tested, but while biodiesel can meet ASTM standards, vegetable oil isn't eligible.

"People who want to sell straight vegetable oil are complaining about the diesel tax," said Kent Bullard, co-founder and president of the L.A. Biodiesel Cooperative. "The bigger issue is it's not legal as a road fuel in California. It's a chicken and egg situation. You're not going to get the standard through."

Collective efforts to legitimize vegetable oil appear to be aborted, at least for now. The Web site of the National VegOil Board is no longer being maintained.

"It still boggles my mind to have such a simple alternative out there yet to have regulators create obstacles and hurdles to that process when all we want to do is provide clean easy solutions to live sustainably."
--Colette Brooks, co-founder of the L.A. Biodiesel Cooperative
"It still boggles my mind to have such a simple alternative out there yet to have regulators create obstacles and hurdles to that process when all we want to do is provide clean easy solutions to live sustainably," said Brooks, who also sells biodiesel-ready used Mercedes.

As opposed to vegetable oil, biodiesel can involve toxic chemicals to brew but is classified as a developmental fuel. Biodiesel sellers form co-operatives because by law, experimental fuel can only be sold to a controlled group of users. They must comply with the same laws governing gas stations, which deal with vast quantities and far greater toxic chemicals.

"Maybe for some of the real small guys it's a big problem, but it's kind of a serious business selling fuel," said Will Noel, general manager of Santa Cruz-based biodiesel station Pacific Biofuel, which pays up to $9,000 per year on permits. "If someone breaks down it can be very dangerous."

Byzantine laws

Colette Brooks, a co-founder of the L.A. Biodiesel Cooperative, recently received a confusing visit from the California Department of Weights and Measures. Brooks said she doesn't oppose moves to ensure the safety of the fuel, but wishes the rules, similar to those regulating regular gas stations, weren't so byzantine.

"It still boggles my mind to have such a simple alternative out there yet to have regulators create obstacles and hurdles to that process when all we want to do is provide clean easy solutions to live sustainably," said Brooks, who also sells biodiesel-ready used Mercedes.

Wesley Caddell, co-owner of the People's Fuel Cooperative in San Francisco, finds it ridiculous that California is the only state to classify biodiesel as an experimental fuel. In San Francisco he has worked for five years to install biodiesel pumps. Adding air quality permits to the growing pile of regulations, he said he'd have to come up with $60,000 for a fueling station, which would take a decade to recover given the tiny profit margins.

"I haven't felt the love from above," he said. "We're busting our tail to make this happen, but you can't buy it at the pump. It's a joke because the fuel's been in use for many years all over Midwest. Truckers have been running biodiesel with no problem."

Biofuel activists want authorities to relax the web of fines, licenses, and taxes. Even if they could succeed, however, other barriers to widespread adoption of biofuels would remain.

Although more diesel vehicles with boosted fuel economy have come to the U.S. market, car makers don't advertise biofuel compatibility. Instead, running a new Volkswagen on alternative fuels would void a warranty.

Someone who modifies a car to run on an alternative fuel is supposed to get the car re-certified with the EPA or face a $3,500 fine, explained Bullard of the L.A. Biodiesel Coop, who also audits biodiesel manufacturing plants for the National Biodiesel Accreditation Commission.

And car manufacturers would have to recall an entire line if tests by the Environmental Protection Agency found used vehicles that fail emissions standards and ran fuel that doesn't meet government standards.

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by vanbrua May 12, 2008 1:59 PM PDT
The red tape and taxes are there to fuel big government not big oil. The government does not want to loose any income source.
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by jacob678 May 12, 2008 11:00 PM PDT
This is a bunch of BS and it's the oil companies and big oil. I own a gas station and call tell you besides the standard state excise tax of .18 per gallon that with added sales tax of .27 per gallon with todays prices the state is making out big time in taxes associated with the sale of gasoline. Lets not forget about the record breaking profits the oil companies are making right now too. In the end the consumer and the fuel dealer take the hit. Our profits are the worst in seven years mainly because the higher prices go the smaller out margin and the higher we pay in fees associated with credit card transactions since they are an average of 2.7% for every dollar. In addition consumers cannot afford to buy items in our store like they used to which was our main source of profit to stay in business. I am afraid that if these crazy prices keep up we will have to go out of business. WE NEED TO TAKE A STAND AGAINST GOVERNMENT AND THE COMPANIES THAT DICTATE IT!!!
Reply to this comment
by jacob678 May 12, 2008 11:03 PM PDT
This is a bunch of BS and it's the oil companies and big oil. I own a gas station and call tell you besides the standard state excise tax of .18 per gallon that with added sales tax of .27 per gallon with todays prices the state is making out big time in taxes associated with the sale of gasoline. Lets not forget about the record breaking profits the oil companies are making right now too. In the end the consumer and the fuel dealer take the hit. Our profits are the worst in seven years mainly because the higher prices go the smaller out margin and the higher we pay in fees associated with credit card transactions since they are an average of 2.7% for every dollar. In addition consumers cannot afford to buy items in our store like they used to which was our main source of profit to stay in business. I am afraid that if these crazy prices keep up we will have to go out of business. WE NEED TO TAKE A STAND AGAINST GOVERNMENT AND THE COMPANIES THAT DICTATE IT!!!
Reply to this comment
by simplicator May 13, 2008 1:28 AM PDT
For starters, please do not lump straight vegetable oil (SVO) with biodiesel. I make biodiesel commercially, going through a lot of trouble to make a quality fuel. SVO is no more a legitimate fuel than pouring crude petroleum oil in your tank.

Road taxes suck, but someone has to pay for roads, bridges and other expenses associated with enabling us to drive wherever we want. I also can't fault the government's need to regulate the collection of waste cooking oil. Renderers have to jump through a lot of hoops to ensure safe handling and deserve to earn a living too. The EPA is a major roadblock for good fuels like biodiesel, but they also help to ensure you don't pour junk fuel into your tank. I seriously doubt SVO will ever be approved as a legal fuel and engine manufacturers will not warranty against it, because it clogs injectors and leave deposits in your engine that shorten its life.

Government intervention is always excessive because that's the kind of government we have. Without the EPA someone could decide they wanted to power their vehicle with burning tires. There are lots of tires laying around and I'd be recycling them if I burned them, right? Fortunately, our checks and balances stop a lot of bad practices, while making our good practices a little more difficult.

The whole food vs. fuel thing is a scam. World food prices have risen on increased demand for meat from China and India, reduced food supplies from droughts and other climate problems and from the increased cost of petroleum. Petroleum moves food around the world, powers our tractors and other farm equipment and is used in most fertilizers, pesticides, herbicides and even the plastic that wraps our food. I'm not a big fan of corn-based ethanol, but only 12% of our crop is used to make ethanol right now. Biodiesel in the USA consumed 12% of the soy oil, which has no nutritional value and is not even classified as food. Biodiesel actually helps reduce the cost of food because the more soy oil we use, the more soy meal we produce -- increased supply reduces the price. 80% of the soybean goes into soy meal to feed livestock -- and there lies the real problem.

Almost all of the corn and soybeans grown in the USA are for feeding animals, not people. We choose to eat lots of meat, which consumes 10 times as much land and resources than growing vegetables and grains for direct consumption. If we cut back on our Big Macs we could easily feed the world and food prices would be much lower. Anyone blaming biofuels for world hunger has a hidden agenda or is just too lazy to research the facts.
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by greeny73 May 13, 2008 4:26 AM PDT
Enthusiasm for biofuels is also waning in Canada. Just read something at http://www.cutyourfootprint.com - seems as though they are having as much trouble in Canada getting the support for green fuels as we are having in the US.
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by david__B May 13, 2008 6:20 AM PDT
Ha! How "underground" is something when people ADVERTISE it with a bumpersticker! LOL
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by galeso May 13, 2008 11:37 AM PDT
How much are the oil companies making? 9.3% of their sales, right. So it is less than $0.34 per gallon verses $0.47 in taxes (USA average, $0.63 in CA). If Exxon gave up all their profit gas would still be over $3 per gallon. Would that make you happy? I did not think so. Many companies make more than 9.3% profit should they pay windfall profits? Your paycheck would be considered 100% profit. How much should you pay in taxes?
http://money.cnn.com/2008/05/01/news/companies/exxon_earnings/?postversion=2008050115
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by galeso May 13, 2008 11:39 AM PDT
How much are the oil companies making? 9.3% of their sales, right. So it is less than $0.34 per gallon verses $0.47 in taxes (USA average, $0.63 in CA). If Exxon gave up all their profit gas would still be over $3 per gallon. Would that make you happy? I did not think so. Many companies make more than 9.3% profit should they pay windfall profits? Your paycheck would be considered 100% profit. How much should you pay in taxes?
http://money.cnn.com/2008/05/01/news/companies/exxon_earnings/?postversion=2008050115
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by CleanBurning May 19, 2008 4:44 AM PDT
The food for fuel advocates are quick to throw out phrases like, "grow our own fuel" and "keep our money at home." Yet, according to experts, food for fuelers offer no long-term solutions. Since it's domestically abundant, Natural gas is the practical bridge to sustainable energy because 98% of it is in North America RIGHT NOW.

What's more, according to the Natural Gas Supply Association, reserves point to at least a 60-year supply. Not only is Natural Gas plentiful, it will not offset global food prices and it is consistently cheaper and significantly cleaner than any alternative fuel currently on the market. The Alternative Fuels Index lists the diesel/gasoline equivalent price for a gallon of Natural Gas as costing $1.36. Ethanol is nearly $4.00 and biodeisel is nearly $5.00.

As the cleanest burning fuel available, Natural Gas emits little to no particulate matter. However, large scale production of biofuels such as ethanol and biodiesel requires a considerable amount of cropland, which leads to soil erosion on a massive scale. If we are to rely on bio-derived sources, as you suggest, it?s important to note that they cost more (in terms of energy) to produce and also requires the burning down of more forests. Therefore, they are far from being friendly to the environment.

In fact, in a 2005 study addressing ethanol?s potential as a fuel alternative, David Pimentel, professor of ecology and agricultural sciences at Cornell University stated that, "Ethanol production in the United States does not benefit the nation's energy security, its agriculture, the economy or the environment."

Meanwhile, there is Compressed Natural Gas and Liquefied Natural Gas available right here, right now to meet our growing demand for energy, to reduce our dependence on foreign oil, and to reverse the effects of harmful greenhouse gases.
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