Text: HF02293 Text: HF02295 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 214A.2, subsection 4, Code Supplement 1 2 1999, is amended to read as follows: 1 3 4.GasolineMotor vehicle fuel shall not containmethanol1 4without an equal amount of cosolvent, and shall not contain1 5more than five percent methanolmethyl tertiary butyl ether, 1 6 except as provided in section 455B.210. 1 7 Sec. 2. Section 214A.16, Code 1999, is amended to read as 1 8 follows: 1 9 214A.16 NOTICE OF BLENDED FUEL – DECAL. 1 10 All motor vehicle fuel kept, offered, or exposed for sale, 1 11 or sold at retail containing over one percentethanol,1 12methanol, or any combination ofoxygenate octane enhancers, 1 13 including but not limited to ethanol, shall be identifiedas1 14"with" either "ethanol", "methanol", "ethanol/methanol", or1 15similar wordingon a decal with the name of the oxygenate 1 16 octane enhancer. All diesel fuel kept, offered, or exposed 1 17 for sale, or sold at retail containing over one percent 1 18 soybean oil by volume shall be identified as"with soydiesel"1 19or similar wordingcontaining soybean oil on a decal. The 1 20 contents, design, and location of the decals shall be 1 21 prescribed by rules adopted by the department.The department1 22shall adopt the rules to be effective by January 1, 1995.A 1 23 decal identifying a renewable fuel shall be consistent with 1 24 standards adopted pursuant to section 159A.6.Until the1 25department establishes standards for decals, the wording shall1 26be on a white adhesive decal with black letters at least one-1 27half inch high and at least one-quarter inch wide placed1 28between thirty and forty inches above the driveway level on1 29the front sides of any container or pump from which the motor1 30fuel is sold.The department may approve an application to 1 31 place a decal in a special location on a pump or container or 1 32 use a decal with special lettering or colors, if the decal 1 33 appears clear and conspicuous to the consumer. The 1 34 application shall be made in writing pursuant to procedures 1 35 adopted by the department.Designs for a decal identifying a2 1renewable fuel shall be consistent with standards adopted2 2pursuant to section 159A.6.2 3 Sec. 3. NEW SECTION. 455B.210 METHYL TERTIARY BUTYL 2 4 ETHER USED IN FUEL PROHIBITION. 2 5 1. As used in this section: 2 6 a. "MTBE" means methyl tertiary butyl ether, which is used 2 7 or intended to be used in fuel. 2 8 b. "Fuel" means petroleum as defined in section 455B.471, 2 9 which is used or intended to be used as motor fuel or special 2 10 fuel as those terms are defined in section 452A.2. 2 11 c. "Sale" means to sell or offer to sell. 2 12 d. "Tank" means a storage structure fixed to the land, 2 13 including but not limited to an underground storage tank 2 14 subject to regulation under chapter 455G or an aboveground 2 15 petroleum storage tank as defined in section 101.21. 2 16 2. A person shall not do any of the following: 2 17 a. Sell MTBE in this state for use in this state. 2 18 b. Store MTBE in a tank located in this state. 2 19 3. The department may provide by rule for the sale or 2 20 storage of an incidental amount of MTBE or the temporary 2 21 storage of MTBE to the extent that the department determines 2 22 that the amount or storage time does not cause a threat to the 2 23 public health or environment by contaminating soil, 2 24 groundwater, or surface water in this state. 2 25 4. The department shall ensure that MTBE does not cause a 2 26 threat to the public health or environment by contaminating 2 27 soil, groundwater, or surface water in this state consistent 2 28 with this section. 2 29 5. The department shall adopt rules necessary in order to 2 30 administer this section. 2 31 Sec. 4. Section 455B.474, subsection 1, Code Supplement 2 32 1999, is amended by adding the following new paragraph: 2 33 NEW PARAGRAPH. i. Providing for monitoring, including 2 34 testing for the presence of methyl tertiary butyl ether from 2 35 locations at sites where groundwater or soil monitoring is 3 1 required pursuant to this section, if other sample analyses 3 2 are required. 3 3 Sec. 5. DEPARTMENTAL DIRECTIVE. The department of natural 3 4 resources shall immediately begin to adopt all rules necessary 3 5 in order to fully implement this Act upon the effective date 3 6 of its provisions. 3 7 Sec. 6. 1999 Iowa Acts, chapter 204, section 15, 3 8 subsection 4, paragraph a, is amended by striking the 3 9 paragraph. 3 10 Sec. 7. EFFECTIVE DATES. 3 11 1. Except as provided in subsection 2, this Act takes 3 12 effect December 31, 2000. 3 13 2. Section 5 of this Act, being deemed of immediate 3 14 importance, takes effect upon enactment. 3 15 EXPLANATION 3 16 In 1999, the general assembly enacted House File 772 (1999 3 17 Iowa Acts, chapter 204), which in part provides that on or 3 18 after February 1, 2000, a retail dealer of motor vehicle fuel 3 19 is prohibited from offering for sale in this state fuel that 3 20 contains more than 2 percent of methyl tertiary butyl ether 3 21 (MTBE) by volume. It directs the department of agriculture 3 22 and land stewardship to adopt rules necessary to ensure that 3 23 the substance does not threaten the public health, and directs 3 24 the department of natural resources to conduct testing and 3 25 monitoring at underground storage tank sites. The provision 3 26 is uncodified. 3 27 This bill eliminates the provision in the Acts and codifies 3 28 similar requirements in new Code section 455B.210. The bill 3 29 prohibits a person from selling or storing MTBE for use in 3 30 fuel in this state. The bill authorizes the department of 3 31 natural resources to administer the provisions, including by 3 32 adopting rules. The bill provides that the department of 3 33 natural resources may provide for the sale or storage of an 3 34 incidental amount of MTBE or the temporary storage of MTBE to 3 35 the extent that the department determines that the amount or 4 1 storage time does not cause a threat to the public health or 4 2 environment. The bill also requires the department of natural 4 3 resources to provide for monitoring, including testing for the 4 4 presence of MTBE from the locations at sites where groundwater 4 5 or soil monitoring is required, if other sample analyses are 4 6 required. 4 7 Code chapter 214A provides that the department of 4 8 agriculture and land stewardship is authorized to provide 4 9 standards for the motor vehicle fuel and oxygenate enhancers. 4 10 The bill amends Code section 214A.2, which specifies the 4 11 content of methanol which is used to produce MTBE. The bill 4 12 amends the provision to prohibit its use consistent with other 4 13 provisions of this bill. The bill also amends Code section 4 14 214A.16, which provides requirements for decals identifying 4 15 oxygenate enhancers, including methanol. 4 16 Generally, a person who violates provisions in the bill 4 17 would be subject to a civil penalty of not more than $5,000 4 18 for each day of a violation. (See Code section 455B.191.) 4 19 The bill takes effect on December 31, 2000. However, the 4 20 department of natural resources is directed to immediately 4 21 begin rulemaking as necessary in order to carry out the bill's 4 22 provisions. 4 23 LSB 6244YH 78 4 24 da/as/5
Text: HF02293 Text: HF02295 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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