By Merritt                                            H.B. No. 3431
         77R338 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a prohibition on the sale of gasoline containing methyl
 1-3     tertiary butyl ether.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 382, Health and Safety Code,
 1-6     is amended by adding Section 382.0191 to read as follows:
 1-7           Sec. 382.0191.  PROHIBITION ON SALE OF GASOLINE CONTAINING
 1-8     METHYL TERTIARY BUTYL ETHER. (a)  In this section, "nonattainment
 1-9     area" means an area designated as a nonattainment area under
1-10     Section 107(d), federal Clean Air Act (42 U.S.C. Section 7407).
1-11           (b)  A person may not sell or offer for sale in this state
1-12     gasoline containing methyl tertiary butyl ether unless:
1-13                 (1)  the gasoline is sold or offered for sale in a
1-14     nonattainment area; and
1-15                 (2)  the state implementation plan for the
1-16     nonattainment area approved by the administrator of the United
1-17     States Environmental Protection Agency under Section 110, federal
1-18     Clean Air Act (42 U.S.C. Section 7410), authorizes the sale of
1-19     gasoline containing that substance for use in motor vehicles.
1-20           (c)  The state implementation plan for a nonattainment area
1-21     may not authorize the sale in the nonattainment area of gasoline
1-22     containing methyl tertiary butyl ether for use in motor vehicles
1-23     unless:
1-24                 (1)  federal law requires that reformulated gasoline be
 2-1     used in gasoline-fueled motor vehicles in the nonattainment area;
 2-2                 (2)  federal law does not prohibit the use of methyl
 2-3     tertiary butyl ether in gasoline for use in motor vehicles; and
 2-4                 (3)  the nonattainment area cannot otherwise achieve
 2-5     and maintain compliance with national ambient air quality standards
 2-6     under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.).
 2-7           (d)  A state implementation plan for a nonattainment area
 2-8     that authorizes the sale of gasoline containing methyl tertiary
 2-9     butyl ether for use in motor vehicles shall, to the extent
2-10     permitted by federal law, provide for phasing out the sale of
2-11     gasoline containing that substance by the earliest practicable
2-12     date.
2-13           SECTION 2. As soon as practicable after the effective date of
2-14     this Act, the Texas Natural Resource Conservation Commission shall
2-15     revise the state implementation plan for each air quality control
2-16     region in the state as necessary to conform to the terms of Section
2-17     382.0191, Health and Safety Code, as added by this Act, and submit
2-18     the plan revision to the administrator of the United States
2-19     Environmental Protection Agency under Section 110, federal Clean
2-20     Air Act (42 U.S.C. Section 7410).
2-21           SECTION 3. This Act takes effect immediately.