CHAPTER 192

An Act prohibiting the sale of gasoline containing Methyl Tertiary Butyl Ether, and supplementing P.L.1954, c.212 (C.26:2C-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

C.26:2C-8.22 Findings, declarations relative to MTBE.

    1.    The Legislature finds and declares that methyl tertiary butyl ether, more commonly referred to as MTBE, may threaten drinking water supplies in the State and nationwide due to the properties of MTBE that make it highly soluble and rapidly transported into groundwater; that, although MTBE has become the most commonly used additive to fulfill the State's requirements pursuant to the federal "Clean Air Act Amendments of 1990," 42 U.S.C.s.7403 et seq., it is not the only additive available to meet the federal requirements; that the Department of Environmental Protection began detecting trace amounts of MTBE in drinking water around the State in 1990 and, in 1996, the Department of Environmental Protection began requiring the testing of levels of MTBE in drinking water, even though it was not a federal requirement; and that, after serious study, in July 1999, the United States Environmental Protection Agency proposed that Congress authorize the reduction or elimination of the use of MTBE as a component of gasoline because it is found as a contaminant in drinking water supplies nationwide.

    The Legislature therefore determines that in addition to the water testing currently conducted in the State and the investigation of remediation methods for existing contamination, it is of vital importance that contamination of drinking water from MTBE not occur in the State, and that the sale of gasoline containing MTBE must be prohibited in the State.

C.26:2C-8.23 Definitions relative to MTBE.

    2.    As used in this act:

    "Department" means the Department of Environmental Protection;

    "MTBE" means methyl tertiary butyl ether.

C.26:2C-8.24 Prohibitions against sale in State gasoline containing MTBE.

    3. a. No person shall distribute in commerce for sale in the State, gasoline which contains more than 0.5% MTBE by volume.

    b.    Any person who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to the provisions of section 10 of P.L.1977, c.74 (C.58:10A-10).

    c.    Nothing in this act shall prohibit the manufacture, processing, or importation within the State of gasoline that contains more than 0.5% MTBE by volume for distribution in commerce outside the State.

C.26:2C-8.25 Rules, regulations.

    4.    The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this act.

    5.    This act shall take effect immediately, except that section 3 of this act shall take effect on January 1, 2009

    Approved August 18, 2005.