1

 ETBE stands for Ethyl tertiary butyl ether

2

 TAME stands for Tertiary amyl methyl ether

1

EPA420-B-04-009

June 2004

State Actions Banning MTBE (Statewide)

The following states have either a partial or complete ban on MTBE (methyl tertiary-butyl

ether). This list is updated when new information becomes available. For more information on

MTBE, please visit the U.S. Environmental Protection Agency's (EPA's) Web site at

www.epa.gov/mtbe.

State

(EPA

Region)

Phaseout date

(in chronological

order)

Complete or partial ban?

Applies to

other

oxygenates?

Date of

adoption

IA (7) 7/1/00 Partial: no more than trace

amounts (0.5% by vol.) MTBE

in motor vehicle fuel.

MTBE only 5/11/00

Replaced

previous limit

of 2% (vol.)

MN (5) 7/2/00 (partial)

7/2/05 (complete)

Partial/then complete: no more

than 1/3 of 1% oxygenate as of

7/2/00; complete ban as of

7/2/05.

MTBE,

ETBE1, and

TAME2

Early 2000

NE (7) 7/13/00 Partial: no more than 1% (vol.)

MTBE in any petroleum

product.

MTBE only 4/11/00

SD (8) 7/1/01 Partial: no more than trace

amounts (less than 0.5% vol.)

resulting from commingling

during storage or transfer.

MTBE only 2/28/01

Replaced

previous limit 

of 2% (vol.)

CO (8) 4/30/02 Complete ban by 4/30/02. MTBE only 5/23/00

CA (9) Originally12/31

/02; delayed to

12/31/03

Complete ban by 12/31/02, but

latest Exec. Order requires

CARB to implement by

7/31/02 a one-year delay in

ban. On 7/25/02, CARB

delayed the ban by 1 year.

MTBE only 10/9/99 

(Orig. E.O.

issued

3/25/99; latest

E.O. issued

3/15/02)
State

(EPA

Region)

Phaseout date

(in chronological

order)

Complete or partial ban?

Applies to

other

oxygenates?

Date of

adoption

2

MI (5) 6/1/03 Complete ban by 6/1/03; can

be extended if determined by

6/1/02 that phaseout date is not

achievable.

MTBE only 6/26/00

CT (1) 1/1/04 Complete ban by 1/1/04,

planned in conjunction with

NESCAUM regional fuels task

force.

MTBE only 6/1/00 (Orig.

phaseout date

10/1/03;

extended to

1/1/04 on

6/18/03)

NY (2) 1/1/04 Complete ban as of 1/1/04. MTBE only 5/24/00

WA (10) 1/1/04 Partial: may not be

intentionally added to fuel, or

knowingly mixed in gasoline

above 0.6% (vol.)

MTBE only 5/10/01

KS (7) 7/1/04 Partial: may not sell or deliver

any motor vehicle fuel

containing more than 0.5%

(vol.) MTBE

MTBE only 4/19/01

IL (5) 7/24/04 Partial: may not use, sell or

manufacture MTBE as a fuel

additive, but may sell motor

fuel containing trace amounts

of MTBE (0.5% or less by

volume)

MTBE only 7/24/01

(original ban)

revised

6/24/02 to

allow trace

amounts 

IN (5) 7/24/04 Partial: no more than 0.5%

(vol.) MTBE in gasoline 

MTBE only 3/14/02

WI (5) 8/1/04 Partial: no more than 0.5%

(vol.)

MTBE in gasoline

MTBE only 8/11/03

OH (5) 7/1/05 Partial: no more than 0.5%

(vol.) MTBE in motor vehicle

fuels

MTBE only 5/29/02
State

(EPA

Region)

Phaseout date

(in chronological

order)

Complete or partial ban?

Applies to

other

oxygenates?

Date of

adoption

3

MO (7) 7/31/05 Partial: no more than 0.5%

(vol.) MTBE in gasoline sold

or stored

MTBE only 7/11/02

KY (4) 1/1/06 Partial: no more than trace

amounts of MTBE in fuel after

this date

MTBE only 4/23/02

ME (1) 1/1/07 Partial: no more than 0.5%

(vol.) MTBE in gasoline sold.

MTBE only 4/14/04

NH (1) The latter of

1/1/07 or 6

months after

Federal

approval to opt

out of RFG

Partial: no more than 0.5%

(vol.) in gasoline sold or

stored

MTBE,other

gasoline

ethers, or

tertiary butyl

alcohol

(TBA)

5/27/04

NOTES: 

(1) Oxygenated Fuels Association (OFA) has challenged NY and CA bans in court. Status of

these lawsuits is as follows: 

• NY: On May 18, 2001, the U.S. District Court for the Northern District of NY denied

OFA’s motion for summary judgment in the lawsuit challenging the NY ban. On

November 21, 2003, the U.S. District Court for the Northern District of New York

rejected OFA’s request to strike New York’s Ban.

• CA: On September 4, 2001, the U.S. District Court in Sacramento granted the State’s

motion to dismiss, ruling that the federal CAA does not prohibit the State’s action to

phaseout MTBE. In June 2003, the Ninth U.S. Circuit Court of Appeals upheld

California’s state MTBE ban.

(2) AZ adopted legislation on 4/28/00 calling for a complete phaseout of MTBE as soon as

feasible but in no event later than 6 months after California’s phaseout. This legislation expired

on June 30, 2001, so it is no longer official state policy although the state informally still

encourages phaseout of MTBE.