The Texas Commission on Environmental Quality (TCEQ) has introduced new state guidelines which allow for biodiesel to be blended at any ratio into any compliant fuel. This means former limitations, such as having to use more additives within the biodiesel and producers having to report blending requirements, are now non-existent. This is an important development, as these requirements have been viewed as impediments to biodiesel sales and use in the state’s non-attainment zones for years.

Biodiesel is a domestic, renewable fuel for diesel engines. Made from agricultural co-products and byproducts such as soybean oil, other natural oils, and greases, it is an advanced biofuel. To be called biodiesel, it must meet the strict quality specifications of ASTM D 6751. Biodiesel can be used in any blend with petroleum diesel fuel.

The TCEQ concluded in 2011 that air quality is simply not a reason for concern regarding biodiesel volumes associated with federally required use and instituted the new guidelines in 2012. The federal renewable fuel standard (RFS2) calls for minimum amounts of renewable fuel use across the country. After reviewing the rule and how biodiesel works with the state’s TxLED (Texas Low Emission Diesel) program as well as biodiesel emissions, TCEQ introduced the new guidelines that allow biodiesel to be added to any compliant fuel, at any ratio.

“Texas has embraced the importance of biodiesel’s role to create jobs and support America’s energy independence,” said National Biodiesel Board CEO Joe Jobe. “This move recognizes biodiesel as the only commercial-scale advanced biofuel available nationwide and reflects biodiesel’s clean air benefits.”

Biodiesel is also exempt from excise tax in Texas, even when used in a blend with diesel, and recent changes in the tax code simplify the regulations for biodiesel sales. These exemptions and simplifications, in addition to the ease in blending guidelines, help open the biodiesel market in Texas to petroleum distributors and refiners. These new guidelines and modifications should make biodiesel more widely available to consumers and will make Texas a more favorable market for meeting the RFS2 requirements.

Jeremy Sanders is an attorney with BoyarMiller, PC in Houston, Texas.  He concentrates his practice in the areas of construction and energy, and he has represented several alternative energy companies during his career.

Biography

For over 10 years, I have represented a variety of individuals and corporations — from business owners and professional athletes to Fortune 100 companies and start-up ventures. I have served as an advocate for these individual and corporate clients on a wide range of matters, ranging from complex commercial litigation to corporate acquisitions and other related business transactions.

While I now concentrate solely on litigation matters, I have had the unique opportunity during my career of representing clients as both a litigator and corporate attorney. My experience as a corporate attorney has proven invaluable to me as a litigator and greatly enhanced my practice, as I have been able to discover and anticipate legal issues learned from my prior experiences handling general corporate matters for my clients. This has made me a more effective advocate for clients who have become involved in complex commercial litigation matters and general business disputes.

As an advocate, it is my goal to work through each matter with the end result in mind. I stress the term "advocate" because it is my job to always push forward my client's desired objectives within the limits of the law while upholding the ethical considerations necessary for the profession. I am a firm believer that the client wants an advocate that is interested in the end result that is in the best interest of the client, while not pushing forward the attorney's own agenda. That is why I have continuously worked with my clients on what is in their best interest, ranging from negotiating and outlining complex and secure settlement plans to pushing forward to a jury trial on the merits of the matter.

My current litigation practice focuses on individual and corporate representation in the fields of construction, energy, renewable energy, contract disputes and general commercial litigation.

Representative Matters

    Obtained multiple judgments for damages in excess of $1 million for local subcontractors against an affiliation of home builders. The basis of the suits involved allegations of fraudulent business dealings and misapplication of trust funds under the Texas property code.
    Successfully defended a large Texas construction company against multiple allegations of breach of contract, negligence and fraud. Obtained a summary judgment against the plaintiff and the client was awarded attorney fees.
    Obtained a summary judgment for a local real estate client in a lease dispute with a tenant. The suit involved a tenant within the client's shopping center who made an attempt to "walk" without fulfilling its final obligations under the lease contract. The client was awarded attorney fees and costs of litigation.
    Within first few years of law practice, successfully defended two Fortune 100 companies in multiple premises and products liability cases. The plaintiffs' claims ranged from alleged exposure to harmful substances while working on the premises of certain factories owned and operated by the companies to alleged exposure to harmful substances through products manufactured by the companies.

Education

    JD, South Texas College of Law
    BA, University of Texas at Austin

Affiliations

    Houston Bar Association
    State Bar of Texas
    American Bar Association
    All Texas State Courts
    U.S. District Courts for Southern, Northern and Eastern Districts of Texas

The content & opinions in this article are the author’s and do not necessarily represent the views of AltEnergyMag

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