EXHIBIT 23 CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT We consent to the incorporation by reference in the Registration Statements on Forms S-3 (filed in October 2000 and March 2001) and on Form S-8 (filed in November 1997) of Penn Octane Corporation of our reported dated September 19, 2003, which appears on page 44 of this annual report on Form 10-K for the year ended July 31, 2003. /s/ BURTON McCUMBER & CORTEZ, L.L.P. Brownsville, Texas September 19, 2003