HBA-SEP H.B. 3431 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3431
By: Merritt
Environmental Regulation
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

To reduce carbon monoxide and hydrocarbon levels in areas that do not meet
the National Ambient Air Quality Standards, the federal Clean Air Act of
1990 mandated the use of reformulated gasoline (RFG) with a specific oxygen
content.  The primary oxygenate used in RFG is methyl tertiary-butyl ether
(MTBE) which has a small molecular size and is soluble in water. While the
use of MTBE has resulted in reduced air pollution, the leaking of MTBE in
underground gasoline storage systems, recreational watercraft, pipelines,
and above-ground tanks has created surface and groundwater contamination
including wells and reservoirs.  In drinking water, MTBE has an unpleasant
odor and taste and at higher concentrations is a potential carcinogen.
House Bill 3431 phases out the use of MTBE by the earliest possible date.   

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 3431 amends the Health and Safety Code to prohibit the sale of
methyl tertiary butyl ether (MTBE) unless the gasoline is sold or offered
for sale in a nonattainment area and the state implementation plan (SIP)
for the nonattainment area approved by the administrator of the United
States Environmental Protection Agency (EPA) authorizes the sale of
gasoline containing that substance for use in motor vehicles. The SIP is
prohibited from authorizing, in a nonattainment area, the sale of gasoline
containing MTBE for use in motor vehicles unless federal law requires that
reformulated gasoline be used in gasoline-fueled motor vehicles in the
non-attainment area, federal law does not prohibit the use of MTBE in
gasoline in motor vehicles, and the nonattainment area cannot otherwise
achieve and maintain compliance with national ambient air quality
standards.  A SIP that authorizes the sale of gasoline containing MTBE for
use in motor vehicles is required, to the extent permitted by federal law,
to provide for phasing out the sale of gasoline containing MTBE by the
earliest practicable date.  The bill requires the Texas Natural Resource
Conservation Commission to revise the SIP for each air quality control
region as necessary to conform to this Act and submit the SIP revision to
the administrator of the EPA.   

EFFECTIVE DATE

On passage.