One in Monterey, another in San Jose closed until they file a
‘variance’ application with the state
Anyone in the Hollister, Gilroy or Morgan Hill area interested
in buying biodiesel from a public station will find that the only
two stations within a reasonable distance, one in San Jose, another
in Monterey, have been shut down by their respective counties by
order of the state because the stations had not applied for special
permits.
Tucked away on South 10th Street in San Jose among the
warehouses and industrial buildings is an unlikely mecca for those
who drive biodiesel vehicles. Among the semi-truck-driving
regulars, you can find

engineers, hippies, everyone,

said Western States Oil cashier Mike Hernandez. They all come
here to buy biodiesel, an environmentally friendly,
vegetable-oil-based fuel that smells more like popcorn coming from
the tailpipe than diesel exhaust.
One in Monterey, another in San Jose closed until they file a ‘variance’ application with the state

Anyone in the Hollister, Gilroy or Morgan Hill area interested in buying biodiesel from a public station will find that the only two stations within a reasonable distance, one in San Jose, another in Monterey, have been shut down by their respective counties by order of the state because the stations had not applied for special permits.

Tucked away on South 10th Street in San Jose among the warehouses and industrial buildings is an unlikely mecca for those who drive biodiesel vehicles. Among the semi-truck-driving regulars, you can find “engineers, hippies, everyone,” said Western States Oil cashier Mike Hernandez. They all come here to buy biodiesel, an environmentally friendly, vegetable-oil-based fuel that smells more like popcorn coming from the tailpipe than diesel exhaust.

There is now an “out of order” sign on the biodiesel pump at Western States Oil – the South 10th Street station. The county and state shut it down Nov. 21 because biodiesel is still considered an experimental fuel by the state.

Though it is refined to strict industry standards and registered as a fuel with the Environmental Protection Agency, the Department of Energy and the Department of Transportation, biodiesel distributors must apply for a variance to sell it to through public pumps. The Western States Oil pump had flown under the legal radar for years, despite the fact that people have been driving from the 510, 650, 415, and 831 area codes to use the San Jose pump since 2003.

About 15 to 25 people a day use the pump at Western States Oil, the only biodiesel pump in Santa Clara County. When people came in and found the “out of order” sign, Hernandez said the reaction from fanatical biodiesel users was less than sympathetic.

“They were pissed; they wanted to throw oil barrels at me,” Hernandez said.

Western States Oil customer Art Najera of Scotts Valley fills the truck he uses for construction work with biodiesel.

“It seems kind of strange that they are hitting them,” he said. “It’s such a beneficial alternative. It’s very much a shame. It needs to be taken care of as quickly as possible.”

Kent Bullard, a biodiesel advocate and founder of Southern California Biodiesel Users Group, said his sympathy was with the users of the station. He said he had warned Western States Oil months ago to apply for a variance, but the station did not take action fast enough.

“The law knows no excuse,” said Bob Brown, operator of Western States Oil. “It’s a stupid law, extremely stupid.”

Toro Petroleum in Monterey was also ordered to stop selling biodiesel a month ago, and Bullard said he had warned it as well.

“Pretty much everyone in the state has been hit,” said Jonathan Bohlman, in charge of fuel sales and distribution at Toro Petroleum.

“We’ve been taking lumps since day one and now we’re shut down,” Bohlman said. “We’re trying to make the public happy, but we can’t survive selling a product we can’t sell. We’re dealing with a lot of things we didn’t know we had to deal with.”

Bohlman said he emailed his variance paperwork to the state almost two weeks ago but he’s till waiting to hear back.

The head of the Santa Clara County weights and measures department that shut down Western States Oil, commissioner Greg Van Wassenhove, pointed to David Lazier, head of the state measurements and standards department as the one to talk to about the shutdown of the pumps. Lazier was not available for comment by press time to answer a question many thought he should answer: Why shut down the pumps without first giving operators a chance to fill out the variance paperwork?

But Steve Wyle, spokesperson for the state measurements and standards department, said that the state has been in contact with many distributors of biodiesel for about a year, telling them to apply for a variance.

“So several weeks ago we asked that they stop selling the product,” Wyle said.

Bohlman was frustrated because he wasn’t going to be making any changes other than filing paperwork, but was forced to keep his customers from buying biodiesel at his station.

As of Nov. 23 the state had not received Bohlman’s application, Wyle said. When Lazier returned on Dec. 2 (after The Sunday Pinnacle went to press) from his week-and-a-half leave, he was expected to review any variance applications submitted. Brown was also in the middle of applying for a variance last week.

“We’ll move on them with due diligence,” Wyle said.

There are 13 public biodiesel pumps in California, and most have already received variances to sell biodiesel as an experimental fuel. Some stations sell B20 biodiesel without a variance, which is actually 80 percent petroleum diesel. It’s still not legal, but the state is more willing to look the other way, Bullard said.

Larry Carver, a San Jose resident, said he would be happy to get at least B20 in San Jose. Carver has been mixing petroleum and biodiesel to save money but still get the extra lubricity of biodiesel to protect his engine. He also feels a definite improvement in engine performance.

Hernandez said the county wanted Western States Oil to sell B20, but Brown said it’s not what his customers want.

Western States Oil sold a 100 percent biodiesel product, called B100, in 2003, but has since switched to B99 to take advantage of a $1 per gallon tax break for having one percent petroleum in the mix. Despite the tax break, biodiesel is still more expensive than regular diesel, though during the recent jump in fuel prices it was cheaper than petroleum diesel.

Without Toro or Western states selling biodiesel, the nearest pump for South Valley and Hollister residents is in Felton, at an agricultural supply store called Mountain Feed on Highway 9 near Ben Lomond.

“It’s not just for hippies anymore,” said Jorah Roussopoulos, owner of the store.

An inspector from Santa Cruz County came out and scratched his head at Roussopoulos’ biodiesel pump since it’s the only one in the county. Roussopoulos had receieved a variance from the state, which he was able to show to county inspectors looking for petroleum diesel at his pump.

Though he enjoys using and selling biodiesel from his solar powered pump, he’s “losing money hand over fist selling this stuff,” Roussopoulos said.

Most stations don’t make much of a profit, Bullard said. Bohlman hoped customers would understand and start coming back when the state allowed them to sell it again.

Bullard is an unabashed fanatic. He’s been using the stuff on his diesel-powered boat for five years where he works and lives on the Channel Islands off the coast of California. It says “biocar” on his license plate, and on the window he has Calvin, of the Calvin and Hobbes comic strip, urinating on the words “big oil.”

At Western States Oil, a semi-truck driver left behind a bumper sticker for a website called www.biotrucker.com. Another time a busload of hippies pulled in to fill their bus with vegetable oil and then shocked staff when they lined up to use the bathroom. One customer left behind a book for staff entitled “Addicted to War,” which is a comic book explaining how the U.S. government is addicted to fighting oversees for power over resources, such as oil.

“All kinds of people come in here,” Hernandez repeats. “You want this?” he said handing over the book.

Advocates maintain that biodiesel is perfectly safe to use in any diesel, especially newer diesel vehicles. Old rubber fuel lines and other rubber seals in the fuel system should be replaced with materials such as viton rubber or urethane to resist decomposing when in contact with biodiesel. Biodiesel stations are required to post a warning on their pumps for users to check with their vehicle or engine manufacturer before using biodiesel.

Once biodiesel is in the engine it lubricates even better than the low-sulphur petroleum diesel sold in California, advocates say. Anything to prolong the life of an engine through better lubricity saves money in the long run, even if biodiesel costs a bit more, said Marc LeGette, a biodiesel user in Los Gatos, and customer of Western States Oil. Some Ford diesel engines have injectors that can cost $1,000 each to replace when they wear out, he said. Without biodiesel, Legette said an additive would have to be used for adequate lubrication. Biodiesel also gets rid of the noxious smell associated with diesel.

Biodiesel advocates are not well equipped to deal with the many obstacles that stand in the way of biodiesel distribution, Bullard said. The handful of volunteer biodiesel advocacy organizations are no match for the lobby of the petroleum industry, who would like to see a skull and crossbones on every biodiesel pump that exists, Bullard said, as the petroleum lobby would say it will kill your engine.

“We need more voice,” Bullard said.

An effort is being made to lobby Gov. Arnold Schwarzenegger to fill his Hummer with biodiesel. Bullard said. Efforts to make his Hummer run on hydrogen didn’t work out so well, Bullard laughed, but biodiesel would go right into the Hummer’s tank and run great.

Bullard said he doesn’t think it was any sort of conspiracy to shut down the pumps; the powers that be were just doing their jobs, he said. But he does wish authorities would spend more time going after stations selling inferior petroleum diesel instead of giving biodiesel stations a hard time.

Biodiesel is a renewable resource that when burned emits far less air pollution than petroleum based diesel. It reduces dependency on foreign oil because it is made from domestic crops, such as soybeans. The ozone forming potential of the hydrocarbons released from biodiesel emissions are 50 percent less than petroleum diesel, according to the EPA, and the major components of acid rain, sulfur oxides and sulfates, are nearly nonexistent in biodiesel emissions.

Without access to a pump, biodiesel users would have to have it delivered to their homes in large tanks, which is impractical for most users, Carver said. Since many newer diesels get 45 miles per gallon or more, going out of the way for fuel isn’t always a problem. Carver has a 15-gallon tank in his 2001 Volkswagen Jetta that allows him to go 700 miles in one tank, the equivalent of a trip to Los Angeles and back.

Biodiesel sales have steadily increased since 2001 by 5 million gallons a year. In 2004, 25 million gallons were sold, according to biodieselfaq.org. Biodiesel manufacturers are saying that demand is exceeding how much they can supply. Biodiesel production from soybeans and other vegetable oil stock mean more jobs for Americans, Bullard said, and a company may soon be producing the stuff in South County, potentially providing jobs for 100 residents.

Many changes need to be made before the potential that biodiesel has can be unleashed, said Eli Schatz a biodiesel user in Aptos.

“The whole infrastructure of this state is geared towards petroleum use,” he said. “But the real crime is not having access to more diesel cars.”

When asked if he thought there was enough farm fields to make biodiesel for everyone to stop the harmful effects of petroleum fuel, Schatz said “all energy can be made renewable; it’s just matter of us choosing to harness it. I’m just stoked to be here to see how it all plays out.”

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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