HBA-LJP H.B. 2820 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2820
By: Swinford
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under the federal Clean Air Act, areas with pollution that exceed the
standards of the United States Environmental Protection Agency (EPA),
including emission standards of motor vehicles, may be designated as
nonattainment and maintenance areas.  The Clean Air Act requires certain
nonattainment areas to use oxygenates, such as methyl tertiary butyl ether
(MTBE) and ethyl tertiary butyl ether (ethanol), as a gasoline additive to
increase combustion efficiency of gasoline and reduce carbon monoxide
emissions. According to the EPA, MTBE has been detected in ground and
surface water with increasing frequency, low concentrations of MTBE can
cause an odor and offensive taste in water, and current data suggests that
MTBE is a potential human carcinogen at high doses.  House Bill 2820
prohibits  the sale of MTBE after September 1, 2003 and provides for the
use of ethanol in nonattainment areas that are required to use an
oxygenate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2820 amends the Health and Safety Code to prohibit a person from
selling or offering for sale in this state gasoline containing methyl
tertiary butyl ether (MTBE) after September 1, 2003.  The bill requires the
Texas Natural Resource Conservation Commission (TNRCC) to revise as soon a
practicable after the effective date of this Act, the state implementation
plan (SIP) which authorizes the sale of gasoline containing MTBE to phase
out the sale of gasoline containing MTBE and to require that ethyl tertiary
butyl ether (ethanol) be used as the oxygenate in reformulated gasoline in
applicable nonattainment areas no later than September 1, 2003.  The bill
also requires TNRCC to submit the revised SIP to the administrator of the
U.S. Environmental Protection Agency. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.