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.