SB 71 - AS AMENDED BY THE SENATE
5/20/99 1265s
1999 SESSION
SENATE BILL 71
AN ACT prohibiting the use of MTBE as an additive in gasoline.
SPONSORS: Sen. Wheeler, Dist 21; Sen. D'Allesandro, Dist 20; Sen. Below, Dist 5; Sen. Russman, Dist 19; Rep. B. Hall, Hills 20; Rep. Owen, Merr 6
This bill:
I. Prohibits gasoline containing the fuel additive MTBE from being sold or offered for sale at wholesale in this state.
II. Requires the commissioner of environmental services to implement the provisions of this act. Such provisions shall be exempt from the requirements of the administrative procedure act.
III. Requires the commissioner of environmental services to develop a timetable by April 1, 2000 for the removal of MTBE from gasoline.
IV. Requires the commissioner of environmental services to make a formal request to the Environmental Protection Agency for a waiver from the Clean Air Act requirement for reformulated gasoline oxygen content.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5/20/99 1265s
99-0927
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT prohibiting the use of MTBE as an additive in gasoline.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Prohibition on Sale of Gasoline Containing MTBE. Amend RSA 339 by inserting after section 30-a the following new section:
339:30-b Sale of Gasoline Containing MTBE Prohibited.
I. A person shall not sell or offer for sale at wholesale in this state any gasoline, as defined in RSA 259:37-b, that has been treated with the fuel oxygenate methyl tertiary butyl ether (MTBE).
II. The commissioner of environmental services, in consultation with the commissioner of health and human services and the air pollution advisory committee, shall implement the provisions of this section. The provisions of this section shall be exempt from the requirements of RSA 541-A.
III. The commissioner of environmental services shall develop a timetable by April 1, 2000 for the removal of MTBE from gasoline at the earliest possible date, but not later than January 1, 2003. The timetable shall ensure the adequate supply and availability of gasoline for New Hampshire consumers at a reasonable price.
2 Clean Air Act Requirements. The commissioner of environmental services shall make a formal request to the administrator of the Environmental Protection Agency for an immediate waiver for New Hampshire gasoline from the federal Clean Air Act requirement for oxygen content in reformulated gasoline.
3 Effective Date. This act shall take effect upon its passage.
LBAO
99-0927
2/25/99
SB 71 FISCAL NOTE
AN ACT establishing a ban on MTBE in gasoline as of January 1, 2000.
FISCAL IMPACT:
The Department of Environmental Services estimates this bill will decrease state restricted fund expenditures by $800,000 in FY 2000 and each year thereafter. County and local expenditures will increase by an indeterminable amount in FY 2000 and each year thereafter. There will be no fiscal impact on state, county and local revenue
METHODOLOGY:
Prohibiting the delivery of gasoline containing MTBE will result in a reduction of costs as the gasoline constituent will no longer be addressed during cleanup. Thus, it is assumed that average cleanup costs will drop by $20,000 per site. Estimating 400 new sites at $20,000 savings per site, will result in a total reduction of $8,000,000, or $800,000 per year over 10 years.
The Department stated the possibility exists that by prohibiting MTBE being delivered to New Hampshire, federal highway funds could be in jeopardy for being in non-compliance with the federal Clean Air Act.
Since virtually all gasoline currently supplied to New Hampshire contains some levels of MTBE, there would be initial undeterminable costs to state and local governments due to lack of any available gasoline, at least until alternative, non-MTBE gasoline can begin to be supplied to New Hampshire.