New Hampshire Wants Out of Octane Provisions

April 27, 2001

New Hampshire Gov. Jeanne Shaheen has issued an executive order requesting a waiver from the clean octane provisions of the federal Clean Air Act and has decided not to seek a statewide ban on the gasoline additive MTBE. The Renewable Fuels Association has asked Shaheen to reconsider.

"While we understand and appreciate your strong desire to address the public health threat caused by the use of MTBE in New Hampshire, I must respectfully tell you that your executive order misses the mark," wrote Eric Vaughn, president of the RFA, in a letter to the governor. "Simply repealing the requirement for refiners to add oxygenates to reformulated gasoline (RFG) sold in the state will neither assure reduced MTBE use nor protect drinking water supplies. But it may forfeit the significant air quality protections provided by fuel oxygenates, such as ethanol."

Refiners are adding MTBE to gasoline sold in New Hampshire for reasons beyond the Clean Air Act requirements. Shaheen pointed out in her executive order that New Hampshire's Department of Environmental Services has found MTBE in gasoline sold throughout the state, not just the four counties required to utilize oxygenates as part of the RFG program. Moreover, they found MTBE at levels exceeding those required to meet RFG standards. MTBE has been detected in drinking water supplies in every corner of the state.

"Thus, simply repealing the RFG oxygen requirement, without a parallel prohibition of the use of MTBE, will not keep refiners from using this fuel additive and will not protect New Hampshire's drinking water supplies," said Vaughn. "While it is true that federal law preempts states from regulating fuel additives like MTBE on the basis of air quality, there is no legal barrier to a state taking whatever action it deems necessary to protect precious water resources. States most assuredly have the authority, indeed the responsibility, to protect their citizens from drinking water pollution."

The total demand for ethanol to satisfy the RFG oxygen requirements in New Hampshire would be only 32 million gallons annually. With production expected to hit 2 billion gallons this year, the ethanol industry can easily meet New Hampshire's oxygenate demand.