[Congressional Record Volume 145, Number 69 (Thursday, May 13, 1999)]
[Senate]
[Pages S5278-S5279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 1037. A bill to amend the Toxic Substances Control Act to provide 
for a gradual reduction in the use of methyl tertiary butyl ether, and 
for other purposes; to the Committee on Environment and Public Works.
  Mrs. BOXER. Mr. President, today I am pleased to introduce 
legislation to nationally phase-out the use of the fuel oxygenate 
methyl tertiary butyl ether (MTBE). My bill provides for a priority 
phase-out schedule designed to immediately prohibit MTBE use in areas 
where it is leaking into ground and surface waters, to prevent the 
spread of MTBE to areas where its use is currently limited or 
nonexistent, and to set us on a course to removing MTBE in all other 
areas of the nation.
  MTBE has been used in the blending of gasoline since the 1970s, but 
its use increased dramatically following the passage of the Clean Air 
Act Amendments of 1990. In regions of the country with particularly 
poor air quality, including Southern California and Sacramento, the Act 
required the use of reformulated gasoline.
  Under the Act, reformulated gasoline must contain 2% oxygenate by 
weight.
  Today, about 70% of the gasoline sold in California contains 2% 
oxygen by weight due to this requirement. While other oxygenates like 
ethanol may be used to meet this 2% requirement, the ready availability 
of MTBE and its chemical properties made it the oxygenate of choice 
among most oil companies.
  While the oxygenate of choice, however, MTBE is also classified as a 
possible human carcinogen. Moreover, when MTBE enters groundwater, it 
moves through the water very fast and very far. Once there, MTBE 
resists degrading in the environment. We know very little about how 
long it takes to break down to the point that it becomes harmless. We 
do know that at even very low levels, MTBE causes water to take on the 
taste and odor of turpentine--rendering it undrinkable.
  That is, it makes water smell and taste so bad that people won't 
drink it.
  I first became aware of the significance of the threat MTBE posed to 
drinking water following the discovery that MTBE had contaminated 
drinking water wells in Santa Monica. Ultimately, Santa Monica was 
forced to close drinking water wells that supplied approximately half 
of its drinking water due to that contamination. Clean up of Santa 
Monica's drinking water supply continues today under the oversight of 
the Environmental Protection Agency (EPA) at significant cost.
  Following that discovery, I held a California field hearing of the 
Senate Committee on Environment and Public Works, of which I am a 
member, on the issue of MTBE contamination. Based upon the testimony I 
received at that hearing, I became convinced that MTBE posed a 
significant threat to drinking water not only in California, but 
nationwide. Shortly after the hearing, I wrote what would be one of 
many letters to the Administrator of EPA urging her to take action to 
remove this threat to the nation's drinking water supply.
  While EPA has taken many laudable actions to speed the remediation of 
MTBE contaminated drinking water, it has been slow to respond to my 
calls for a nationwide MTBE phase-out. EPA maintains that it lacks the 
legal authority to phase-out the use of this harmful gasoline additive.
  In the face of this federal inaction, and since the discovery of MTBE 
contamination in Santa Monica and my

[[Page S5279]]

hearing in California, revelations of MTBE contamination in California 
and the nation have proliferated. In June 1998, the Lawrence Livermore 
National Laboratory estimated that MTBE is leaking from over 10,000 
underground storage tanks in California alone. Potential clean up costs 
associated with MTBE contamination in my state range between $1 to $2 
billion. Reports of MTBE contamination in the northeastern United 
States are also now becoming more common, and several state 
legislatures have introduced legislation to phase-out or ban MTBE use.
  This flurry of activity in the northeastern states follows upon the 
first state action to prohibit the use of MTBE. Specifically, on March 
26, 1999, California Governor Gray Davis provided that MTBE use in 
California will be prohibited after December 31, 2002.
  While the action in California and several other states to begin to 
address the MTBE problem is certainly to be commended, I believe it 
demonstrates a failure of federal policymakers to design a national 
solution to what is clearly a national problem.
  The legislation I introduce today would provide that solution.
  First, my bill empowers the Environmental Protection Agency (EPA) to 
immediately prohibit MTBE use in areas where the additive is leaking 
into ground or surface waters. In my view, we must swiftly stop the use 
of MTBE in areas where we know we've got leaking underground storage 
tanks. That's just common sense.
  Second, my bill prohibits the use of MTBE after January 1, 2000 in 
areas around the nation where the use of oxygenates like MTBE is not 
required by law. It has been recently revealed that oil companies have 
been adding significant quantities of MTBE to gasoline in the San 
Francisco area even though oxygenates like MTBE are not required to be 
used in that area. Notwithstanding California's MTBE phase-out, such 
MTBE use may legally continue throughout California until the state 
phase-out deadline of December 31, 2002.
  As we face an estimated $1 to $2 billion in MTBE clean up costs in 
California alone, I believe we must swiftly take steps to prevent the 
spread of MTBE contamination to areas where its use is currently 
limited and is in no sense required under the law.
  Third, the bill prohibits MTBE use nationwide after January 1, 2003, 
and provides for specific binding percentage reductions of MTBE use in 
the interim. Finally, the bill requires EPA to conduct an environmental 
and health effects study of ethanol use as a fuel additive.
  I am hopeful that my House and Senate colleagues can act quickly to 
ensure the passage of my legislation to provide a nationwide solution 
to the nationwide problem of MTBE contamination.
  I ask unanimous consent that the full text of my legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1037

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. USE OF METHYL TERTIARY BUTYL ETHER.

       Section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605) is amended by adding at the end the following:
       ``(f) Use of Methyl Tertiary Butyl Ether.--
       ``(1) Prohibition on use in specified nonattainment 
     areas.--Effective beginning January 1, 2000, a person shall 
     not use methyl tertiary butyl ether in an area of the United 
     States that is not a specified nonattainment area that is 
     required to meet the oxygen content requirement for 
     reformulated gasoline established under section 211(k) of the 
     Clean Air Act (42 U.S.C. 7545(k)).
       ``(2) Prohibition on use in areas of leakage.--If the 
     Administrator finds that methyl tertiary butyl ether is 
     leaking into ground water or surface water in an area, the 
     Administrator may immediately prohibit the use of methyl 
     tertiary butyl ether in the area.
       ``(3) Upgrading of underground storage tanks.--In enforcing 
     the requirement that underground storage tanks be upgraded in 
     accordance with section 280.21 of title 40, Code of Federal 
     Regulations, the Administrator shall focus enforcement of the 
     requirement on areas described in paragraph (2).
       ``(4) Use of methyl tertiary butyl ether in gasoline.--
       ``(A) Interim period.--
       ``(i) Phased reduction.--

       ``(I) In general.--The Administrator shall promulgate 
     regulations to require--

       ``(aa) by January 1, 2001, a \1/3\ reduction in the 
     quantity of methyl tertiary butyl ether that may be used in 
     gasoline; and
       ``(bb) by January 1, 2002, a \2/3\ reduction in the 
     quantity of methyl tertiary butyl ether that may be used in 
     gasoline.

       ``(II) Basis for reductions.--Reductions under subclause 
     (I) shall be based on the quantity of methyl tertiary butyl 
     ether in use in gasoline in the United States as of the date 
     of enactment of this subsection.

       ``(ii) Labeling.--During the period beginning on the date 
     of enactment of this subsection and ending December 31, 2002, 
     the Administrator shall require any person selling gasoline 
     that contains methyl tertiary butyl ether at retail to 
     prominently label the fuel dispensing system for the gasoline 
     with a notice that the gasoline contains methyl tertiary 
     butyl ether.
       ``(B) Prohibition.--Effective beginning January 1, 2003, a 
     person shall not use methyl tertiary butyl ether in 
     gasoline.''.

     SEC. 2. STUDY OF EFFECTS OF FUEL COMPONENTS.

       Not later than July 31, 2000, the Administrator of the 
     Environmental Protection Agency shall--
       (1) conduct a study of the behavior, toxicity, 
     carcinogenicity, health effects, and biodegradability, in air 
     and water, of ethanol, olefins, aromatics, benzene, and 
     alkylate; and
       (2) report the results of the study to Congress.
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