An Act To Prohibit the Sale of Gasoline Containing MTBE LR2762(02)
Maine Legislature, Session 121, LD 1870
Committee Amendment CA_A_H793 (House)
Amends: 10 MRSA §2302, 38 MRSA §585

COMMITTEE AMENDMENT "A" to H.P. 1390, L.D. 1870, 
Act To Prohibit the Sale of Gasoline Containing MTBE" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 10 MRSA §2302, sub-§4-A is enacted to read: 
A. 
Motor fuel dispenser. 
"Motor fuel dispenser" means a 
commercial motor fuel dispenser that dispenses fuel for retail 
sale. 
Sec. 2. 10 MRS A §2413, as enacted by PL 1999, c. 709, §l, is 
repealed. 
Sec. 3. 38 MRS A §585-H, as enacted by PL 1999, c. 709, §2, 
is amended to read: 
§S8S-H. MTBE monitoring and reductions 
The 
department 
shall 
monitor 
shipments 
of 
gasoline 
to 
storage 
terminals 
in this State 
and 
compile 
annual 
reports 
showing the levels of methyl tertiary butyl ether, referred to in 
this section as "MTBE," in gasoline brought into this State. 
The department shall promote and actively participate in 
Page l-LR2762(2) 
COMMITTEE AMENDMENT 
I 
~ 
COMMITTEE AMENDMENT ·4· to H.P. 1390, L.D. 1870 
regional efforts by state regulatory agencies in the Northeast to 
develop alternatives to the use of MTBE as a gasoline additive. 
±R-~~~~~~~&r-~he-~~~-sha~~-~~--~~-~he-~~-ef 
~he-e~4m4Ra~4eR-~-~-~~a&e~iae-se~s-4R-~~~~~-&y-JaR~ary 
IT-a99~-iR-a-maRRer-~ha~+ 
lw---Ma£ke~--eeDs~£aiD~sw---Ase~~a~e~y--aeee~R~s--fer--marke~ 
eeRs~raiR~s-re~a~es-~e-s~FF~y-aRs-FrieiR~T-aRs 
~w--Lewes~-eav4£eB&eD~al-impae~T--~~e4-~~~-aaa~ysis 
aRs-~~~~~~-a~~e~Ra~4ve~-~~-~he-~~~-~~7-~~-~he 
*ewes~-FessiB*e-~e~a*-eRVireRmeR~a*-imFae~T 
The department shall annually, no later than February 1st of 
each year, present a report to the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters on the levels of MTBE in gasoline brought into this State 
aRs-~~~~~-maQe-4R-~~-~ae-~eal-~-~~~~~-~8E 
iB-~~~~~~-~-~ae-~~a~e-~~1r-~r-agg~. The committee 
may report out to any session of any Legislature legislation 
relating to MTBE use in gasoline. 
Sec. 4. 38 MRSA §585-1 is enacted to read: 
§585-I. 
MTBE 
The following provisions apply to the sale of MTBE in the 
State. 
1. 
Definition. 
For purposes of this section, "MTBE" means 
the gasoline oxygenate methyl tertiary butyl ether. 
2. 
Prohibition on sale. 
Beginning January 
L 
2007, 
a 
person may not sell, offer for sale, distribute or blend in this 
State gasoline that contains more than 112 of 1"'& by volume MTBE 
that is intended for sale to ultimate consumers in this State. 
3. 
Emergen~ order. 
Notwithstanding subsection 2, whenever 
the commissioner finds that a danger to public health or safety 
exists 
due 
to 
low 
supply 
of 
gasoline 
in 
the 
State, 
the 
commissioner 
may issue 
an emergency order waiving the sales 
prohibition in subsection 2. 
Sec. 5. 
Report. 
By 
March 
1, 
2006, 
the 
Department 
of 
Environmental Protection shall present a 
report to the joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters on the implementation and status of the 
prohibition on the sale of gasoline containing more than 1/2 of 
1% by volume methyl tertiary butyl ether, or MTBE. • 
COMMITTEE AMENDMENT 
• 2 
~ 
COMMITTEE AMENDMENT" A, to H.P. 1390, L.D. 1870 
SUMMARY 
This amendment prohibits the sale of gasoline containing 
more than 1/2 of Pi> by volume of the additive known as MTBE by 
January 1, 2007. 
It authorizes the Commissioner of Environmental 
Protection to issue an emergency order that waives the sales 
prohibition 
if 
necessary. 
It 
directs 
the 
Department 
of 
Environmental 
Protection 
to 
present 
a 
report 
to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
natural resources matters on the implementation and status of the 
sales prohibition by March 1, 2006. 
It deletes references in 
current statute to the State's goal of eliminating MTBE 
in 
gasoline by January 1, 
2003. 
It moves a definition from one 
section of the Maine 
Revised Statutes, Title 10 
to 
a 
more 
appropriate section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/18/04 ~ac:.. 
Office of Fiscal and Program Review 
LD 1870 
An Act To Prohibit the Sale of Gasoline Containing MTBE 
LR2762(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Additional costs associated with implementing this legislation can be absorbed by the Department of Environmental 
Protection utilizing existing budgeted resources 
LR2762(2) - Fiscal Note - Page I of I