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August 15, 2000
Vol. I, No. 1

MTBE BAN INTRODUCED IN SENATE
Senator Bob Smith (R-New Hampshire), Chair of the Senate Environment and Public Works Committee, introduced legislation (S. 2962) on July 27 that would ban the use of methyl tertiary butyl ether (MTBE) in gasoline and allow states to waive the current oxygenate requirement. Under current law, reformulated gasoline is required to contain two-percent oxygen by weight. A Smith amendment would also create a competitive alternative fuel program. Committee markup is scheduled for Sept. 7.

FUTURE OF LAND CONSERVATION BILL WOBBLY
The Senate Energy and Natural Resources Committee approved the Conservation and Reinvestment Act (CARA) on a 13-7 vote on July 25. The bill would earmark almost $3 billion annually to protect coastal areas, expand parks, buy fragile land and preserve wildlife in all 50 states. The projects would be funded from royalty payments, currently pooled into the federal Treasury, drawn by offshore drilling on federal land. The bill is expected to have a floor vote in September, but may hit some snags. Although the bill has bipartisan support, there are several Senators prepared to "use all tactics necessary" to keep the bill off the floor. Western Senators who strongly object to the bill argue that too much land is federally owned. Other Senators criticize the bill for removing funding from the annual appropriations process. The committee rejected an amendment that would have enacted a five-year sunset on the bill's funding. Two other failed amendments would have established biannual reauthorization and prohibited use of funds in the bill until the government erased the backlog of maintenance projects on federal land. Amendments rejected in committee will potentially be offered again on the floor.

TMDL RULES ISSUED
The U.S. Environmental Protection Agency (EPA) issued final rules on July 11 that will require states to survey and clean up polluted rivers, lakes and bays. The new rules, were generated under the Clean Water Act which calls on states to develop total maximum daily loads (TMDLs) for polluted waters. The rule gives states up to 15 years (a base 10 years and five additional years if needed) to establish a clean-up schedule. States get four years to update inventories. The rules give states choices about the order in which sources are cleaned up. Congressional Republicans objected to the rules and inserted into H.R. 4425, the FY 2000 supplemental appropriations bill, a rider prohibiting EPA from using any funds for implementation. As a result the rule is not scheduled to take effect until October 1, 2001. In addition EPA established the revised TMDL regulations as a "major" rule. This designation gives Congress 60 days to assess the rule and disapprove it if that is Congress' disposition. Legislation (H.R. 3625) is being considered that would require the National Academy of Science to study the TMDL program and mandate that EPA reopen the comment period on the rule.