Report Title:

Motor Fuel; Prohibit MTBE as a Gasoline Additive

Description:

Prohibits methyl tertiary-butyl ether (MTBE) from being intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in this State after December 31, 2003. Prohibits trace amounts of MTBE. Imposes penalties for violations. (HB744 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

744

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

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 protect the health, safety, and welfare of the people of this State by:

(1) Prohibiting MTBE from being intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in Hawaii after December 31, 2003, and trace amounts of MTBE; and

(2) Imposing penalties for violations.

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 shall not exceed trace amounts of 0.05 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.

(d) For purposes of this section, "trace amounts" shall mean the inadvertent presence of methyl tertiary-butyl ether resulting from the transportation of gasoline in vessels previously containing methyl tertiary-butyl ether."

SECTION 3. New statutory material is underscored.

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