29Apr2004… 1292h

2004 SESSION

04-3116

06/10

SENATE BILL 397

COMMITTEE: Environment

AMENDED ANALYSIS

This bill requires the department of environmental services to adopt certain rules relative to consumer products and to eliminate certain substances from gasoline supplies.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Apr2004… 1292h

04-3116

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

Be it Enacted by the Senate and House of Representatives in General Court convened:

175:1 Consumer Product Rules Relative to Air Quality.

I. The department of environmental services shall commence rulemaking under the authority of RSA 125-C:4, I(n), RSA 125-C:6, XVII, and RSA 485:16-c based upon model rules of the Ozone Transport Commission (OTC) relative to the manufacture, use, or sale of consumer products, as defined in RSA 125-C:2, V-c.

II. Upon adoption of the consumer products rules, the department shall seek federal approval through revision of the state implementation plan to opt out of the federal reformulated gasoline program or to substitute the consumer products rules for the state’s oxygen flexible reformulated gasoline rule, Env-A 1611.

III. The department of environmental services shall give the highest priority to accomplishing the provisions of this section.

175:2 Rulemaking Authority; Test Methods Incorporated by Reference. Amend RSA 125-C:4 by inserting after paragraph I-a the following new paragraph:

I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2, V-c.

175:3 Chapter Title Amended. Amend the title of RSA 146-G to read as follows:

CHAPTER 146-G

GASOLINE REMEDIATION AND ELIMINATION OF ETHERS [FUND]

175:4 New Subdivision; Elimination of Certain Substances From Gasoline Supplies. Amend RSA 146-G by inserting after section 11 the following new subdivision:

Elimination of Gasoline Ethers and TBA From Gasoline Supplies

146-G:12 Elimination of Gasoline Ethers and TBA from Gasoline Supplies. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MTBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 1/2 of one percent by volume. Nothing in this subdivision shall be interpreted to prohibit the transshipment of MTBE, other gasoline ethers, or TBA content fuel through the state for disposition outside of the state including storage coincident to such shipment.

146-G:13 Penalties. Any person who violates RSA 146-G:12 shall be subject to administrative fines not to exceed $2,000 for each violation issued by the department of environmental services and civil penalties not to exceed $60,000 for each violation. Each day of a continuing violation shall constitute a separate violation. In addition to civil penalties, the attorney general may institute such legal or equitable action as he or she deems necessary, including an action for injunctive relief. 175:5 Adoption of Other Air Pollution Control Measures. Amend RSA 485:16-c to read as follows:

485:16-c Adoption of Other Air Pollution Control Measures. In order [to fulfill federal air pollutant emission reduction obligations that may be created by opting out of the federal reformulated gasoline program under RSA 485:16-b or by implementing an alternative regional or federal approach under RSA 485:16-d,] to reduce air emissions and receive federal credit for such reductions, the commissioner shall be authorized to establish limits on the manufacture, use, or sale of consumer products in accordance with RSA 125-C:6, XVII.

175:6 Construction. Nothing in this act shall abrogate, limit, or restrict any right to recover damages or other legal, equitable, or administrative relief under any theory of liability that the state or any other entity or person may have under federal or state statutes or common law with respect to methyl tertiary-butyl ether.

175:7 Reports. The department of environmental services shall report by November 1 of each year to the house science, technology and energy committee, the senate environment committee, and the air pollution advisory committee on the status of accomplishing the requirements of this act and the need for any additional legislation. The annual reports shall continue until November 1, 2008.

175:8 Repeal. Env-A 1611, relative to the state’s oxygen flexible reformulated gasoline rule, is repealed.

175:9 Contingency.

I. Section 4 of this act shall take effect on the later of January 1, 2007 or 6 months after federal approval has been received under paragraph II of section 1 of this act, as certified by the commissioner of the department of environmental services to the director of the office of legislative services.

II. Section 8 of this act shall take effect on the date that the commissioner of environmental services notifies the director of the office of legislative services that federal approval has been received under paragraph II of section 1 of this act.

175:10 Effective Date.

I. Sections 4 and 8 of this act shall take effect as provided in section 9.

II. The remainder of this act shall take effect upon its passage.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the governor, May 27, 2004)

(Effective Date: I. Sections 4 and 8 shall take effect as provided in section 9.