Wednesday (4/16/08) Night I went to Tj
for Fuel for the race that I was going to go on on Saturday in kern
country a 235 mile drive one way
When I go to the border I asked what I
was bringing across and told them Diesel from Mexico. The agent said
that I could not and that I had to go to secondary inspection.
he walked me over to secondary
inspection and I waited for about 30 min before someone came and talked
to me.
So I told him that I had been doing
this for 5 months now and that this is the first time that anyone said
anything. he said that a supervisor would be out to talk to me.
2 hours later he came out and talked to
the 3 of us ( 2 other trucks were stopped)
the supervisor said that it was illegal
per CARB to bring diesel into the usa that was not in a tank that was
installed but the factory in auxiliary tank. and that we had to be
turned away back to Mexico to drain our auxiliary tanks mine had 91
gallons in it.
and that if we were ever caught
bringing diesel in a non factory tank that they would fine us and
impound the truck ( based on license number). so they escorted us back
to the Mexico line and we drove back.
I used to work in Mexico and new really
what to do. I drove down a couple streets and found 2 guys in a semi
tractor. I asked them in what Spanish I new if they wanted 91 gallons of
free Diesel they said ( no English) sure. so I cut my diesel line and
pumped the 91 gallons into his truck. I have a slow pump so it took
about 5 hours.
after it was done I headed back to the
USA at 10:00.
when I go to the port I told the guy
that I needed to go to secondary inspection and get me signed off.
he took me there and they looked in
tank and said that that I could pass.
Got home at about 11:pm
Thursday am I got up and did some
errands. and got a call from my friend Leonal which his wife is a
supervisor at the san Diego port. she said that what happened at otay
was wrong and that they just had a meeting with there people and they
all agreed that it was wrong. so I wanted to confirm that so I called
the San Diego office and asked to talk to someone that was responsible
for both ports.
I talked to the field supervisor for
about 30 min. and he said that what happened at otay was probably also
wrong and said it was a CARB law that they were trying to enforce. he
asked for my license plate and told me that he would have a talk with
the supervisors at both ports. he was saying that it is kind of a grey
area but if it really looks like the truck and the tank are not for
commercial use then it should be a problem.
Then when I go down I will call the
area supervisor and make sure that it is all ok on both ports.
right now the border patrol has
profiled my truck ( by the license plate) and that when I come back they
will look at me with a fine tooth comb. my intention is to have the
field supervisor take that flag off somehow. and then I want to go to a
local border patrol station and have them look at my set up. once they
say it should or be ok I will get a name or number that I can call to
talk to someone if I have a problem.
March 29th I receive an e-mail from a
guy at CBP
Doug:
As it looks right
now, the ports will begin enforcing the CA Air Resource Board
regulation for diesel fuels found in Title 13, California code of
regulations. As part of the regulation, all diesel fuel coming into
CA must meet CA standards and Mexican diesel fuel does not currently
meet the standards. Thus, an individual who imports diesel from
Mexico in a separate (e.g.,"nurse") tank and transfers it to another
facility (e.g., storage tank), vehicle, or transportation system is
in violation of the CCR unless the fuel meets California standards.
Unless we (CBP)
are told we can not enforce the CA law, diesel fuel imported in a
separate tank will not be allowed in via the vehicle lanes. You
would have to make a commercial entry and the diesel gas would have
to meet the appropriate standards. I’m still reviewing this with
our HQ office, but my recommendation in the meantime is to NOT bring
in diesel fuel from Mexico. As soon as I get more information, I
will let you know.
May 5th 2008
Doug:
Still no definitive word.
Looks like we may be leaning toward allowing in situations where
the secondary tank is factory installed.
That is where it stands as of 5/5/08