485:16-b Authority to Limit MTBE in Gasoline; Penalties. –
I. Except as provided for in RSA 485:16-d, the commissioner shall seek all necessary authorizations from the Environmental Protection Agency to opt out of the federal reformulated gasoline program as soon as possible, but in no case later than January 1, 2004. The department of environmental services shall prepare and submit to the Environmental Protection Agency as soon as possible, but in no case later than January 1, 2002, all documentation necessary to accomplish this task.
II. In addition to the provisions of paragraph I, the commissioner, after consultation with the commissioner of health and human services, shall limit to the greatest extent practicable, with the approval of the governor and council, the concentration of MTBE allowed in any gasoline sold in all or part of the state after first holding a public hearing on the issue and certifying to the air pollution advisory committee established in RSA 125-J:11 that gasolines which meet such limit are:
(a) Readily available to New Hampshire consumers at a reasonable price;
(b) Less hazardous overall to humans and the environment than gasoline having higher MTBE concentrations taking into account all exposure routes, including air and water; and
(c) Approved for use in New Hampshire by the Environmental Protection Agency without a requirement to substitute additional air emissions reductions beyond those adopted under RSA 485:16-c.
III. Nothing in this section shall prohibit the commissioner from phasing in any limitations approved under paragraph II.
IV. Retail sellers of gasoline and the suppliers to such retail sellers shall comply with the provisions of paragraph II or be subject to the enforcement provisions of RSA 485:58.
V. The limitations on MTBE concentrations established under the provisions of this section shall be exempt from the requirements of RSA 541-A, the administrative procedure act. The department shall file, however, in the office of legislative services a copy of all rules adopted, amended, or repealed under this section by the department.
Source. 1999, 313:2. 2001, 293:2, eff. July 17, 2001.