GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
SESSION LAW 2002-75
HOUSE BILL 1308
AN ACT TO confirm the date on which state requirements governing the concentration of sulfur in gasoline becomes effective and to PROVIDE THAT GASOLINE THAT MEETS FEDERAL REQUIREMENTS GOVERNING THE CONCENTRATION OF SULFUR IN GASOLINE SHALL BE DEEMED TO comply with sTATE rEQUIREMENTS GOVERNING THE CONCENTRATION OF SULFUR IN GASOLINE during the two-year period allowed for the transition to low-sulfur gasoline by federal regulations.
The General Assembly of North Carolina enacts:
SECTION 1. Section 2.2 of S.L. 1999-328 reads as rewritten:
"Section 2.2. Section 2.1 of this act becomes
effective as provided in this section. No later than 1 July 2000, the Governor
shall determine whether the United States Environmental Protection Agency has
adopted, pursuant to the Notice of Proposed Rulemaking published on 13 May 1999
in the Federal Register, Volume 64, Number 92, Page 26003 et seq., regulations
applicable to gasoline manufactured, sold, and offered for sale in this State
that limit the sulfur content of gasoline to a concentration equal to or less
than the concentration set out in Section 2.1 of this act. If the Governor so
determines, the Governor shall issue an Executive Order setting out the date on
which Section 2.1 of this act becomes effective, which shall be the date on
which the federal regulation becomes effective in this State. Otherwise, Section
2.1 of this act becomes effective 1 January 2004. If the United States
Environmental Protection Agency promulgates a regulation that imposes a limit
on the concentration of sulfur in gasoline other than that set out in G.S.
119-26.2, as enacted by Section 2.1 of this act, it is the intention of the
General Assembly to review the limit established in G.S. 119-26.2. In that
event, the Environmental Review Commission shall review the limit on the
concentration of sulfur in gasoline and report its findings and
recommendations, if any, to the General Assembly."
SECTION 2. Gasoline that meets the requirements of Tier 2 Motor Vehicle Emissions Standards and Gasoline Sulfur Control Requirements as set out in 65 Federal Register No. 28 (10 February 2000) pages 6698 through 6870, as codified in 40 Code of Federal Regulations Parts 80, 85, and 96 (1 July 2001 Edition), shall be deemed to comply with the requirements of G.S. 119-26.2.
SECTION 3. This act is effective when it becomes law. Section 2 of this act expires 1 January 2006.
In the General Assembly read three times and ratified this the 8th day of August, 2002.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:23 p.m. this 15th day of August, 2002