Report Title:

Motor Fuel; Prohibit MTBE as a Gasoline Additive

Description:

Prohibits methyl tertiary-butyl ether (MTBE) as a gasoline additive in Hawaii after 12/31/03. Imposes penalties for violations.

HOUSE OF REPRESENTATIVES

H.B. NO.

744

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to Fuel.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that some refiners in the United States have increased octane levels and engine efficiency by adding methyl tertiary-butyl ether, also known as "MTBE", which is a derivative of natural gas, to their gasoline. The United States Environmental Protection Agency, however, has issued a health advisory regarding oral consumption of MTBE and lists that chemical as a possible human carcinogen. Moreover, MTBE may invade drinking water wells and reservoirs through leaking underground storage tanks and pipelines, and has been found in public drinking water supplies in California, Colorado, Iowa, Illinois, New Jersey, and Texas.

Accordingly, the purpose of this Act is to prohibit MTBE from being intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in Hawaii after December 31, 2003, or from being knowingly mixed in gasoline above six-tenths of one per cent by volume, and imposes penalties for violations. The legislature finds that this Act is necessary to protect the health, safety, and welfare of the people of this State.

SECTION 2. Chapter 486J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"486J- Methyl tertiary-butyl ether; use in gasoline or other fuels prohibited. (a) Methyl tertiary-butyl ether shall not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in this State after December 31, 2003, and in no event may methyl tertiary-butyl ether be knowingly mixed in gasoline above six-tenths of one per cent by volume.

(b) Any distributor or other person violating the requirements of this section shall be subject to a fine as specified in section 486J-10(g).

(c) The commissioner, in accordance with chapter 91, shall adopt rules for the administration and enforcement of this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

_____________________________