Biofuel Development & In-State Production

House Bill 1202 was signed into law in July, 2008.  As of September 1, 2008, the mandate requirements of 40 million gallon in-state production volume have been met as determined by the Department and effective May 1, 2010, the 2% biodiesel by volume mandate goes into effect.  The Department is responsible for assuring compliance with the Act, including the promulgation of Regulations, certification that the necessary infrastructure is available to support the mandate and the requirement to test and assure the quality of biodiesel distributed throughout Pennsylvania.

• The producer of cellulosic ethanol and/or biodiesel must apply to the Department for the registration of the production facility.  The producer may apply for the registration of more than one facility.
• ​An application for the registration of the production facility must show to the satisfaction of the Department that the plant is capable of producing cellulosic ethanol or biodiesel by providing:
  
  
  • A copy of the producer's Internal Revenue Service (IRS) Form 637 and an approval letter showing registration number
  • Confirmation of registration with the Environmental Protection Agency (EPA) under 40 CFR Part 79 that shows the producer is registered as a Fuel Manufacturer or Additive Manufacturer
  • Verification that the product or products produced meets American Society for testing and Materials Specification D-6751-02, or its successor standard, biodiesel fuel (B100) blend stock for distillate fuels
  • A copy of any Pennsylvania Fuels licenses required by the Pennsylvania Department of Revenue; and any other information that the Department shall reasonably require.
     
• The Department shall review all program applications for registration of a cellulosic ethanol or biodiesel facility and make a determination, based on the guidelines, to approve or decline the registration.
• A separate registration is required for each production facility.

Completed applications for registration should be mailed to:

Pennsylvania Department of Agriculture
Bureau of Rides and Measurement Standards
Weights and Measures Division
2301 North Cameron Street, Harrisburg, PA  17110

On or before the fifteenth day of each month, a producer shall report the following information to the Department on the monthly facility report form.  A separate form is required for each registered production facility.

• The beginning physical inventory (in gross gallons) in the proceeding month
• The number of gallons of cellulosic ethanol or biodiesel produced at each registered facility operated by the producer in the preceding month
• The number of gallons of cellulosic ethanol or biodiesel imported into the facility from other Pennsylvania locations in the preceding month
• The number of gallons of cellulosic ethanol or biodiesel imported into the facility from outside Pennsylvania in the proceeding month
• The number of gallons of cellulosic ethanol or biodiesel sold or blended with motor fuels by the producer in the proceeding month
• Ending physical inventory (in gross gallons)
• The type(s) of commodity used in the production of the biofuels.

An authorized representative of the producer must sign reports.  The Department will accept original reports or electronic mail by the fifteenth business day of the month in order to determine in-state production volumes.  If you e-mail your signed report, you must mail the original by the 1st day of the following month.  Email address: ag-biofuels@pa.gov

On the fifteenth day of January, and each January fifteenth thereafter the producer shall report the following information to the Department.  A separate form is required for each registered production facility.  Forms are available from the Department.

• The beginning physical inventory (in gross gallons) in the proceeding calendar year
• The number of gallons of cellulosic ethanol or biodiesel produced at each registered facility operated by the producer in the preceding calendar year
• The number of gallons of cellulosic ethanol or biodiesel imported into the facility from other Pennsylvania locations in the proceeding calendar year
• The number of gallons of cellulosic ethanol or biodiesel imported into the facility from outside Pennsylvania in the proceeding calendar year
• The number of gallons of cellulosic ethanol or biodiesel sold or blended with motor fuels by the producer in the proceeding calendar year
• Ending physical inventory (in gross gallons)
• The type(s) of commodity used in the production of the Biofuels
• The amount and description of any financial assistance made available to the biofuel production facility by the Commonwealth in the preceding year.

An authorized representative of the producer must sign reports.  The Department will accept original reports or electronic mail by the fifteenth day of January.  If you e-mail your signed report, you must mail the original by the thirty first day of January.  Email address: ag-biofuels@pa.gov