State Actions Banning MTBE (Statewide)


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United Slates
Envrronn
Agency
EPA420-B-04-009
        June 2004
                    State Actions Banning MTBE (Statewide)

The following states have either a partial or complete ban on MTBE (methyl tertiary-butyl
ether). This list is updated when new information becomes available. For more information on
MTBE, please visit the U.S. Environmental Protection Agency's (EPA's) Web site at
www.epa.gov/mtbe.
State
(EPA
Region)
IA(7)
MN(5)
NE(7)
SD(8)
CO (8)
CA(9)
Phaseout date
(in chronological
order)
7/1/00
7/2/00 (partial)
7/2/05 (complete)
7/13/00
7/1/01
4/30/02
Originally 12/31
702; delayed to
12/31/03
Complete or partial ban?
Partial: no more than trace
amounts (0.5% by vol.) MTBE
in motor vehicle fuel.
Partial/then complete: no more
than 1/3 of 1% oxygenate as of
7/2/00; complete ban as of
7/2/05.
Partial: no more than 1% (vol.)
MTBE in any petroleum
product.
Partial: no more than trace
amounts (less than 0.5% vol.)
resulting from commingling
during storage or transfer.
Complete ban by 4/30/02.
Complete ban by 12/3 1/02, but
latest Exec. Order requires
CARB to implement by
7/3 1/02 a one-year delay in
ban. On 7/25/02, CARB
delayed the ban by 1 year.
Applies to
other
oxygenates?
MTBE only
MTBE,
ETBE1, and
TAME2
MTBE only
MTBE only
MTBE only
MTBE only
Date of
adoption
5/11/00
Replaced
previous limit
of 2% (vol.)
Early 2000
4/1 1/00
2/28/01
Replaced
previous limit
of 2% (vol.)
5/23/00
10/9/99
(Orig. E.G.
issued
3/25/99; latest
E.O. issued
3/15/02)
       1 ETBE stands for Ethyl tertiary butyl ether
       ' TAME stands for Tertiary amyl methyl ether

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State
(EPA
Region)
MI (5)
CT(1)
NY (2)
WA (10)
KS(7)
IL(5)
IN (5)
WI(5)
OH (5)
Phaseout date
(in chronological
order)
6/1/03
1/1/04
1/1/04
1/1/04
7/1/04
7/24/04
7/24/04
8/1/04
7/1/05
Complete or partial ban?
Complete ban by 6/1/03; can
be extended if determined by
6/1/02 that phaseout date is not
achievable.
Complete ban by 1/1/04,
planned in conjunction with
NESCAUM regional fuels task
force.
Complete ban as of 1/1/04.
Partial: may not be
intentionally added to fuel, or
knowingly mixed in gasoline
above 0.6% (vol.)
Partial: may not sell or deliver
any motor vehicle fuel
containing more than 0.5%
(vol.) MTBE
Partial: may not use, sell or
manufacture MTBE as a fuel
additive, but may sell motor
fuel containing trace amounts
of MTBE (0.5% or less by
volume)
Partial: no more than 0.5%
(vol.) MTBE in gasoline
Partial: no more than 0.5%
(vol.)
MTBE in gasoline
Partial: no more than 0.5%
(vol.) MTBE in motor vehicle
fuels
Applies to
other
oxygenates?
MTBE only
MTBE only
MTBE only
MTBE only
MTBE only
MTBE only
MTBE only
MTBE only
MTBE only
Date of
adoption
6/26/00
6/1/00 (Orig.
phaseout date
10/1/03;
extended to
1/1/04 on
6/18/03)
5/24/00
5/10/01
4/19/01
7/24/01
(original ban)
revised
6/24/02 to
allow trace
amounts
3/14/02
8/11/03
5/29/02

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State
(EPA
Region)
MO (7)
KY(4)
ME(1)
NH(1)
Phaseout date
(in chronological
order)
7/31/05
1/1/06
1/1/07
The latter of
1/1/07 or 6
months after
Federal
approval to opt
outofRFG
Complete or partial ban?
Partial: no more than 0.5%
(vol.) MTBE in gasoline sold
or stored
Partial: no more than trace
amounts of MTBE in fuel after
this date
Partial: no more than 0.5%
(vol.) MTBE in gasoline sold.
Partial: no more than 0.5%
(vol.) in gasoline sold or
stored
Applies to
other
oxygenates?
MTBE only
MTBE only
MTBE only
MTBE,other
gasoline
ethers, or
tertiary butyl
alcohol
(TEA)
Date of
adoption
7/1 1/02
4/23/02
4/14/04
5/27/04
NOTES:
(1) Oxygenated Fuels Association (OFA) has challenged NY and CA bans in court.  Status of
these lawsuits is as follows:
       NY:  On May 18, 2001, the U.S. District Court for the Northern District of NY denied
       OFA's motion for summary judgment in the lawsuit challenging the NY ban. On
       November 21, 2003, the U.S. District Court for the Northern District of New York
       rejected OFA's request to strike New York's Ban.
       CA:  On September 4, 2001, the U.S. District Court in Sacramento granted the State's
       motion to dismiss, ruling that the federal CAA does not prohibit the State's action to
       phaseout MTBE. In June 2003, the Ninth U.S. Circuit Court of Appeals upheld
       California's state MTBE ban.
(2) AZ adopted legislation on 4/28/00 calling for a complete phaseout of MTBE as soon as
feasible but in no event later than 6 months after California's phaseout. This legislation expired
on June 30, 2001,  so it is no longer official state policy although the state informally still
encourages phaseout of MTBE.

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