Hydrocarbon Markers
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Europäisches Patentamt *EP001580254A2* (19) European Patent Office Office européen des brevets (11) EP 1 580 254 A2 (12) EUROPEAN PATENT APPLICATION (43) Date of publication: (51) Int Cl.7: C10L 1/00, C10L 1/22, 28.09.2005 Bulletin 2005/39 C10L 1/14 (21) Application number: 05251701.8 (22) Date of filing: 21.03.2005 (84) Designated Contracting States: (72) Inventor: Lewis, David Malcolm AT BE BG CH CY CZ DE DK EE ES FI FR GB GR Leeds LS2 9JJ (GB) HU IE IS IT LI LT LU MC NL PL PT RO SE SI SK TR Designated Extension States: (74) Representative: Hill, Christopher Michael et al AL BA HR LV MK YU Page White & Farrer 54 Doughty Street (30) Priority: 25.03.2004 GB 0406770 London WC1N 2LS (GB) (71) Applicant: HM Customs & Excise Swansea SA1 8RY (GB) (54) Hydrocarbon markers (57) Provided is a compound for marking a hydrocarbon, the compound having one of the following structures, or a tautomeric form of one of the following structures: wherein R1 is a substituent that does not comprise an aromatic unit; n is 0, or is an integer of from 1-5; D is the electron donor substituent; HP is the further hydrophobic substituent; p is an integer of from 1-4; q is an integer of from 1-4; wherein p+q does not exceed 5; at least one D is an OH group; and at least one HP is a straight chain alkyl group; and provided that the compound is not the following: EP 1 580 254 A2 Printed by Jouve, 75001 PARIS (FR) (Cont. next page) EP 1 580 254 A2 2 EP 1 580 254 A2 Description [0001] The present invention concerns marker compounds and compositions, in particular dye compounds and com- positions. The invention further concerns the use of these compounds and compositions for marking hydrocarbon fuels. 5 The invention is particularly advantageous, since the marker compounds and compositions are resistant to removal from hydrocarbons, and are also resistant to alteration or destruction to mask their marking effect. Thus, the present compounds are a significant improvement over conventional markers for identifying and marking rebated fuels or other hydrocarbons. [0002] Azo dyes were the earliest discovered solvent dyes. Because of their low cost and good solubility in many 10 solvents, they are still being widely used for many applications. One of the most important applications is the colouring of petroleum products, so that different kinds or grades of products can be distinguished. [0003] Most territories around the world, particularly the more industrialised nations, levy tax on fuels, such as gaso- line, diesel and kerosene. However, most tax regimes allow for different rates of taxation depending upon the use to which the fuel is to be put, and the individual or organisation using the fuel. For example, in many territories fuels for 15 agricultural use (e.g. in agricultural vehicles, such as tractors, or in other machinery employed in farming) are rebated in order to promote agricultural activity in the territory. In other words, the tax on fuel to be put to such uses is less than the equivalent tax levied for private use, such as in private cars or other vehicles. In some territories, the tax rebate may be different for different fuels, or there may be several levels of tax on a single fuel, depending on its uses. [0004] The structure of taxation described above has lead to a requirement to mark fuels that are taxed at a number 20 of different levels. This is required in order that the authorities can identify or detect the fuel, and determine whether it is being used lawfully, or unlawfully. Clearly, it is important to be able to determine if a rebated fuel is being used in an illegal way, such as in a private vehicle. In the past, this has been achieved in a number of ways. [0005] Initially, dyes were introduced into fuels that were to be subject to a tax rebate. The colour of the dye was selected to indicate the type of fuel and/or the level of rebate applied to that fuel. Further compounds were sometimes 25 added to the fuels as markers, or as antioxidants to preserve the colour of the dyes. For example, in the UK a red dye (often termed "Red 24"), in conjunction with a quinizarin antioxidant, has been used for many years as a marker for rebated diesel: 30 35 40 45 50 55 3 EP 1 580 254 A2 5 10 15 20 [0006] A blue dye has similarly been applied to kerosene in the UK to distinguish kerosene rebated fuel from diesel rebated fuel. [0007] Dyes and markers are not only added to rebated fuels, but may be added for other purposes. For example, in many territories dyes are added to any potentially flammable substance as a warning, for safety reasons. In the UK, a violet dye is often added to methylated spirits for this purpose. 25 [0008] A particular problem for rebated fuels is the requirement to ensure that the marker compound cannot be separated from the fuel, or rendered undetectable. If the dye or marker can be removed, or deactivated in some way, then a criminal organisation is able to buy the fuel at the rebated price and sell it on for a profit at a price below the full non-rebated price of the fuel. In many countries this has been an increasing problem as criminal gangs have found ever more sophisticated methods for processing rebated fuels to remove and/or mask dyes and markers. 30 [0009] Attempts have been made to counter these activities by introducing markers into fuels that are less visible to the naked eye or are colourless but which, for identifying rebated fuels, can be detected using standard laboratory techniques. For example, across Europe a so-called "Euromarker" has been required by law to be introduced into rebated fuels. This marker has a yellowish colour (also termed Solvent Yellow 124) that is not immediately evident to the naked eye when added in the required dilute concentration to fuels, but which can be detected very simply when 35 necessary: 40 45 50 [0010] In Somsaluay et al. "Petroleum markers synthesised from n-alkylbenzene and aniline derivatives", Ind. Eng. Chem. Res., 2003, 42, pp 5054-5059, petroleum markers are reported. The markers are invisible at an effective usable 55 level, but are designed to give visible colours on extraction, and are proposed for use as markers in commercial fuel oils. Diazo compounds have received particular attention in the study. [0011] Published patent US 6,514,917 discloses colourless markers for petroleum products. The markers are indi- cated to be colourless in the fuel, but are designed to be extracted and then developed using a developing agent. The 4 EP 1 580 254 A2 focus of this document is on diazo compounds having a disubstituted amine-type substituent. [0012] US 5,905,043 discloses diazo-type tags for organic fluids. The tags comprise two diazo-type units linked together by an amide bond. The tags are designed to be extracted from the fluid with an alkaline aqueous extractant, and then detected. 5 [0013] US 5,827,332 discloses the use of specific azo dyes as pH dependent markers for hydrocarbons. The dyes are designed to be practically colourless in the hydrocarbon, but to exhibit strong colour when a protic acid developer is added in an alcoholic medium. The dyes employed are generally diazo compounds having a disubstituted amine- type substituent. [0014] US 4,514,226 discloses monoazo pyridine colorants. These compounds are indicated to be useful for dyeing 10 and printing polyester materials, as well as being suitable as colourants for organic solvents. [0015] Published German patent application DE 28 53 479 A1 discloses diazo dyes comprising two outer phenyl moieties and one central naphthyl moiety. The dyes may be used as colourants for mineral oil products and organic solvents. [0016] Published British patent application GB 2,018,241 discloses diazo dyes having one pyridyl moiety and one 15 phenyl or naphthyl moiety. The compounds are indicated to be useful in the selective extraction of copper from aqueous solutions comprising impurities. One of the compounds tested is 2-(2'-pyridylazo)-4-nonylphenol: 20 25 30 [0017] However, the dyes and markers disclosed in the prior art are still not entirely satisfactory. It is still possible to remove or deactivate them if sophisticated chemical processes are employed. Indeed, many of the dyes are designed to be removed before detection takes place, so that unscrupulous parties may easily remove the marker, provided that 35 they are aware of its presence. In recent years a number of criminals have been apprehended after illegally removing or deactivating dyes and markers from rebated fuel in the UK and across Europe. Therefore, there is still a requirement to produce improved markers and/or dyes for use in rebated fuels. [0018] It is therefore an aim of this invention to solve the problems of the prior art set out above. It is a further aim of this invention to provide improved marker compounds for marking hydrocarbon fuels, such as rebated gasoline, 40 diesel, paraffin and kerosene. It is a still further aim of this invention to provide methods for synthesising such markers, and to provide compositions comprising these markers, which can be added to hydrocarbons, but which are not easily removed from the hydrocarbons. [0019] Accordingly, the present invention provides a compound for marking a hydrocarbon, the compound having one of the following structures, or a tautomeric form of one of the following structures: 45 50 55 5 EP 1 580 254 A2 5 10 wherein R1 is a substituent that does not comprise an aromatic unit; n is 0, or is an integer of from 1-5; D is the electron donor substituent; HP is the further hydrophobic substituent; p is an integer of from 1-4; q is an integer of from 1-4; wherein p+q does not exceed 5; at least one D is an OH group; and at least one HP is a straight chain alkyl group; and provided that the compound is not the following: 15 20 25 [0020] In the context of the present invention, this formula is intended to include and/or extend to all tautomeric forms 30 of the above compounds.