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To enact section 3704.12 of the Revised Code to | 1 |
generally prohibit the sale of motor vehicle fuel | 2 |
containing methyl tertiary butyl ether (MTBE) in | 3 |
certain quantities. | 4 |
Section 1. That section 3704.12 of the Revised Code be | 5 |
enacted to read as follows: | 6 |
Sec. 3704.12. (A) Subject to division (C) of this section, on | 7 |
or after July 1, 2005, no person shall sell or deliver to any | 8 |
distributor within this state, or import into this state for sale | 9 |
in this state, any motor vehicle fuel containing methyl tertiary | 10 |
butyl ether (MTBE) in quantities greater than one-half of one per | 11 |
cent by volume. | 12 |
(B) The attorney general, upon the request of the | 13 |
director of environmental protection, shall commence an action for | 14 |
injunctive relief in any court of competent jurisdiction against | 15 |
any person violating or threatening to violate division (A) of | 16 |
this section. The court may grant temporary as well as permanent | 17 |
injunctive relief. | 18 |
(C) The prohibitions of this section shall not operate unless | 19 |
the United States environmental protection agency grants a waiver | 20 |
allowing this state to control or prohibit the use of MTBE in | 21 |
motor vehicle fuels. The director of environmental protection | 22 |
shall apply for this waiver in a timely manner in order to obtain | 23 |
it before July 1, 2005. | 24 |