Amends the Toxic Substances Control Act to prohibit, three years after the enactment of the MTBE Elimination Act, the use of MTBE as a fuel additive.
Requires persons selling oxygenated gasoline containing MTBE at retail to be required under regulations promulgated by the Administrator to label the fuel dispensing system with a notice that specifies that the gasoline contains MTBE and provides other information concerning MTBE as determined appropriate by the Administrator.
Directs the Administrator to establish a schedule that provides for an annual phased reduction in the quantity of MTBE that may be used as a fuel additive during the three-year period beginning on this Act's enactment date.
Establishes an MTBE research grants program within EPA. Authorizes grants to eligible grantees to pay the Federal cost share of research on: (1) the development of more cost-effective and accurate MTBE groundwater testing methods; (2) the development of more efficient and cost-effective remediation procedures for water sources contaminated with MTBE; or (3) the potential effects of MTBE on human health. Makes eligible for such grants Federal research agencies, national laboratories, colleges or universities, certain private research organizations, and State environmental research facilities. Authorizes appropriations.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2233 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2233
To prohibit the use of, and provide for remediation of water
contaminated by, methyl tertiary butyl ether.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 8, 2000
Mr. Fitzgerald (for himself, Mr. Bayh, Mr. Abraham, Mr. Kohl, Mr.
Grassley, Mr. Durbin, Mr. Brownback, and Mr. Grams) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To prohibit the use of, and provide for remediation of water
contaminated by, methyl tertiary butyl ether.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MTBE Elimination Act''.
SEC. 2. FINDINGS; SENSE OF THE SENATE.
(a) Findings.--Congress finds that--
(1) a single cup of MTBE, equal to the quantity found in 1
gallon of gasoline oxygenated with MTBE, renders all of the
water in a 5,000,000-gallon well undrinkable;
(2) the physical properties of MTBE allow MTBE to pass
easily from gasoline to air to water, or from gasoline directly
to water, but MTBE does not--
(A) readily attach to soil particles; or
(B) naturally degrade;
(3) the development of tumors and nervous system disorders
in mice and rats has been linked to exposure to MTBE and
tertiary butyl alcohol and formaldehyde, which are 2 metabolic
byproducts of MTBE;
(4) reproductive and developmental studies of MTBE indicate
that exposure of a pregnant female to MTBE through inhalation
can--
(A) result in maternal toxicity; and
(B) have possible adverse effects on a developing
fetus;
(5) the Health Effects Institute reported in February 1996
that the studies of MTBE support its classification as a
neurotoxicant and suggest that its primary effect is likely to
be in the form of acute impairment;
(6) people with higher levels of MTBE in the bloodstream
are significantly more likely to report more headaches, eye
irritation, nausea, dizziness, burning of the nose and throat,
coughing, disorientation, and vomiting as compared with those
who have lower levels of MTBE in the bloodstream;
(7) available information has shown that MTBE significantly
reduces the efficiency of technologies used to remediate water
contaminated by petroleum hydrocarbons;
(8) the costs of remediation of MTBE water contamination
throughout the United States could run into the billions of
dollars;
(9) although several studies are being conducted to assess
possible methods to remediate drinking water contaminated by
MTBE, there have been no engineering solutions to make such
remediation cost-efficient and practicable;
(10) the remediation of drinking water contaminated by
MTBE, involving the stripping of millions of gallons of
contaminated ground water, can cost millions of dollars per
municipality;
(11) the average cost of a single industrial cleanup
involving MTBE contamination is approximately $150,000;
(12) the average cost of a single cleanup involving MTBE
contamination that is conducted by a small business or a
homeowner is approximately $37,000;
(13) the reformulated gasoline program under section 211(k)
of the Clean Air Act (42 U.S.C. 7545(k)) has resulted in
substantial reductions in the emissions of a number of air
pollutants from motor vehicles, including volatile organic
compounds, carbon monoxide, and mobile-source toxic air
pollutants, including benzene;
(14) in assessing oxygenate alternatives, the Blue Ribbon
Panel of the Environmental Protection Agency determined that
ethanol, made from domestic grain and potentially from recycled
biomass, is an effective fuel-blending component that--
(A) provides carbon monoxide emission benefits and
high octane; and
(B) appears to contribute to the reduction of the
use of aromatics, providing reductions in emissions of
toxic air pollutants and other air quality benefits;
(15) the Department of Agriculture concluded that ethanol
production and distribution could be expanded to meet the needs
of the reformulated gasoline program in 4 years, with
negligible price impacts and no interruptions in supply; and
(16) because the reformulated gasoline program is a source
of clean air benefits, and ethanol is a viable alternative that
provides air quality and economic benefits, research and
development efforts should be directed to assess infrastructure
and meet other challenges necessary to allow ethanol use to
expand sufficiently to meet the requirements of the
reformulated gasoline program as the use of MTBE is phased out.
(b) Sense of the Senate.--It is the sense of the Senate that the
Administrator of the Environmental Protection Agency should provide
technical assistance, information, and matching funds to help local
communities--
(1) test drinking water supplies; and
(2) remediate drinking water contaminated with methyl
tertiary butyl ether.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible grantee.--The term ``eligible grantee''
means--
(A) a Federal research agency;
(B) a national laboratory;
(C) a college or university or a research
foundation maintained by a college or university;
(D) a private research organization with an
established and demonstrated capacity to perform
research or technology transfer; or
(E) a State environmental research facility.
(3) MTBE.--The term ``MTBE'' means methyl tertiary butyl
ether.
SEC. 4. USE AND LABELING OF MTBE AS A FUEL ADDITIVE.
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.--Effective beginning on the date
that is 3 years after the date of enactment of this subsection,
a person shall not use methyl tertiary butyl ether as a fuel
additive.
``(2) Labeling of fuel dispensing systems for mtbe.--Any
person selling oxygenated gasoline containing methyl tertiary
butyl ether at retail shall be required under regulations
promulgated by the Administrator to label the fuel dispensing
system with a notice that--
``(A) specifies that the gasoline contains methyl
tertiary butyl ether; and
``(B) provides such other information concerning
methyl tertiary butyl ether as the Administrator
determines to be appropriate.
``(3) Regulations.--As soon as practicable after the date
of enactment of this subsection, the Administrator shall
establish a schedule that provides for an annual phased
reduction in the quantity of methyl tertiary butyl ether that
may be used as a fuel additive during the 3-year period
beginning on the date of enactment of this subsection.''.
SEC. 5. GRANTS FOR RESEARCH ON MTBE GROUND WATER CONTAMINATION AND
REMEDIATION.
(a) In General.--
(1) Establishment.--There is established a MTBE research
grants program within the Environmental Protection Agency.
(2) Purpose of grants.--The Administrator may make a grant
under this section to an eligible grantee to pay the Federal
share of the costs of research on--
(A) the development of more cost-effective and
accurate MTBE ground water testing methods;
(B) the development of more efficient and cost-
effective remediation procedures for water sources
contaminated with MTBE; or
(C) the potential effects of MTBE on human health.
(b) Administration.--
(1) In general.--In making grants under this section, the
Administrator shall--
(A) seek and accept proposals for grants;
(B) determine the relevance and merit of proposals;
(C) award grants on the basis of merit, quality,
and relevance to advancing the purposes for which a
grant may be awarded under subsection (a); and
(D) give priority to those proposals the applicants
for which demonstrate the availability of matching
funds.
(2) Competitive basis.--A grant under this section shall be
awarded on a competitive basis.
(3) Term.--A grant under this section shall have a term
that does not exceed 4 years.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2001 through 2004.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1402-1403)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S2233)
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