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AFI Environment Committee

MTBE Issue Brief
Issue Brief Menu

Bills Board:
Chart of Methyl Tertiary Butyl Ether (MTBE) Bills
Introduced in the 107^th Congress

Senate

• Amends the Solid Waste Disposal Act
• Authorizes the use of the Leaking Underground Storage Tank (UST) Trust Fund to take corrective action on releases of MTBE that present a risk to environment or human health and to conduct inspections or issue orders under the UST regulation program.
• Amends the Clean Air Act.
• Bans the use of MTBE within 4 years of enactment.
• Authorizes states to issue regulations on any fuel or fuel additive in order to protect water quality.
• Authorizes a Governor to waive the oxygen requirement for RFG sold in the state.
• Requires the Administrator of the EPA to: conduct studies to determine effects on the environment and human health of fuel additives and MTBE; and publish a report on the air quality results as effected by the bill.
• Authorizes grants to MTBE manufacturers to aid in converting facilities to the production of other fuel additives.

• Amends the Clean Air Act.
• Effective Jan. 1, 2001, prohibits the use of any fuel or fuel additive containing MTBE with the exception of specified nonattainment areas.
• Bans the use of MTBE within 3 years of enactment.
• Requires the Administrator of EPA to revise the RFG standards.

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• Amends the Clean Air Act.
• Establishes limitations on the content of RFG.
• Bans the use of MTBE within 4 years of enactment.
• Phases in specific clean alternative and renewable fuel content requirements.
• Applies (upon state application) bans on the sale of conventional gasoline in areas required to use RFG, and to opt-in areas.
• Amends the Solid Waste Disposal Act.
• Authorizes use of funds from the Underground Storage Tank Trust Fund to correct any MTBE releases that may present risk to human health or the environment and to conduct inspections of the underground storage tanks.

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• Amends the Toxic Control Act.
• Bans the use of MTBE within 3 years of enactment.
• Addresses labeling of fuel dispensing systems for MTBE.
• Requires the Administrator of EPA to establish a schedule for an annual phased reduction in the use of MTBE during the three years prior to the ban.
• Establishes an MTBE research grants program within the EPA. Appropriates $10,000,000 for each of fiscal years 2002 through 2005.

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House Bills

• Amends the Clean Air Act.
• Allows RFG regulations of for states for which waiver is in effect to apply in an ozone nonattainment area in lieu of federal requirements.
• Requires state rules to achieve reductions in the aggregate mass of emissions of toxic air pollutants and the aggregate mass of emissions of ozone-forming compounds at least as great as would result from applications of the federal requirements.

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• Amends the Clean Air Act.
• Requires certain regulations regarding motor vehicle fuels to prohibit the use of MTBE as a fuel additive.

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• Directs the Administrator of EPA in consultation of the Energy Information Agency to conduct a study of the feasibility of developing regional vehicle fuel specifications for the U.S. and of implementing the use of a uniform blend of gasoline in the Midwest region of the U.S.
• Requires the study to be completed within 4 months after the enactment of the bill.
• Requires the study to evaluate if the regional fuel specifications in the U.S. would: reduce price volatility and cost to consumers and producers; provide increased gasoline market liquidity; and meet local, regional, and national air quality requirements and goals.
• Requires the study to evaluate the feasibility of a uniform blend of ethanol-based gasoline in various regions of the U.S., focusing on the Midwest region, addressing: the length of time required for a phase-in; effect of lowering and stabilizing gasoline prices in the Midwest region; whether the ethanol industry has the capacity to meet the probable demand; regulatory and statutory changes that would be required to permit the use of a uniform blend of gasoline.

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• Amends the Clean Air Act.
• Bans the use of MTBE as a fuel additive as promptly as practicable after the enactment of the bill.
• Removes the authority of the Administrator of EPA to waive the RFG oxygen requirement for an ozone nonattainment area.
• Requires federal agency vehicles that are capable of using ethanol as fuel and shall use ethanol wherever economically feasible.
• Amends the Internal Revenue Code of 1986.
• Allows small ethanol producers to: authorize credit allocation among the business's buyers; increase gallon capacity for eligible producers; make the credit a non-passive income credit; and remove credit from alcohol fuel credit gross income.

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• Amends the Clean Air Act.
• Requires the Administrator of EPA to amend fuel regulations prohibiting the use of MTBE as a fuel additive.
• Requires the Administrator of EPA to prohibit the use of any fuel additive unless it has been determined by scientific review not to have health or environmental risk.

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• Amends the Clean Air Act.
• Bans the use of MTBE within 3 years of enactment.
• Provide flexibility within the oxygenate requirement of the Environmental Protection Agency's Reformulated Gasoline Program, to promote the use of renewable ethanol.

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• Amends the Clean Air Act.
• Authorize to the Administrator of EPA from the Leaking Underground Storage Trust Fund, not more than $200,000,000 to be used to protect human health and the environment from releases of MTBE from underground storage tanks.

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• Amends the Toxic Control Act.
• Bans the use of MTBE within 3 years of enactment.
• Addresses labeling of fuel dispensing systems for MTBE.
• Requires the Administrator of EPA to establish a schedule for an annual phased reduction in the use of MTBE during the three years prior to the ban.
• Establishes an MTBE research grants program within the EPA. Appropriates $10,000,000 for each of fiscal years 2002 through 2005.
• Directs the Administrator of EPA to promulgate rules requiring a 0.5 pounds per square inch Reid vapor pressure allowance for all reformulated gasoline containing 3.5 percent oxygen by weight.
• Any additional volatile organic compound emissions resulting from the use of such reformulated gasoline should be deemed to be fully offset and thus not calculated in determining compliance with any of the provision in section 182 of the Clean Air Act dealing with Reasonable Further Progress plans or demonstration.

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• Amends the Clean Air Act.
• Allows the Administrator of EPA to waiver the oxygen content requirement, upon the request (petition) of the governor.
• Authorizes the Administrator of EPA, by regulation, to control or prohibit the use of any oxygenate (including MTBE).
• Requires the Administrator of EPA, within one year after the enactment of this bill, to promulgate regulations to require that, for the calendar year beginning Jan. 1, 2005, and for each calendar year thereafter, the annual volume of MTBE manufactured or introduced into commerce for use as a fuel or fuel additive not exceed the average annual volume of MTBE manufactured or introduced into commerce for use as a fuel or fuel additive in calendar years 1986 through 1991 in the United States.
• This does not limit the authority of any state to prescribe and enforce any control of prohibition on the use of MTBE as a fuel additive.
• Requires the Administrator of the EPA to establish regional performance standards to ensure that the levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program in effect under this subsection are maintained in areas where the oxygen content requirement is waived (under paragraph 11). Provides for related matters.
• Requires the Administrator of EPA to determine, no later than Oct. 1, 2007, whether the use of conventional gasoline during the period of calendar years 2005 and 2006 resulted in a greater volume of emissions of listed criteria pollutants.
• Any regulations or modifications of fuel properties shall take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all states. Such regulation or modification shall include provisions for the banking and trading of allowances within, but not between, the regions referred to in section 211 (k) (3) (c) of the Clean Air Act.

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