II

106TH CONGRESS

1ST SESSION S. 1037

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.

IN THE SENATE OF THE UNITED STATES

MAY 13, 1999

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. USE OF METHYL TERTIARY BUTYL ETHER.

4 Section 6 of the Toxic Substances Control Act (15

5 U.S.C. 2605) is amended by adding at the end the fol6 lowing:

7 ‘‘(f) USE OF METHYL TERTIARY BUTYL ETHER.—

8 ‘‘(1) PROHIBITION ON USE IN SPECIFIED NON9 ATTAINMENT AREAS.—Effective beginning January

10 1, 2000, a person shall not use methyl tertiary butyl
2

•S 1037 IS

1 ether in an area of the United States that is not a

2 specified nonattainment area that is required to

3 meet the oxygen content requirement for reformu4 lated gasoline established under section 211(k) of

5 the Clean Air Act (42 U.S.C. 7545(k)).

6 ‘‘(2) PROHIBITION ON USE IN AREAS OF LEAK7 AGE.—If the Administrator finds that methyl ter8 tiary butyl ether is leaking into ground water or sur9 face water in an area, the Administrator may imme10 diately prohibit the use of methyl tertiary butyl

11 ether in the area.

12 ‘‘(3) UPGRADING OF UNDERGROUND STORAGE

13 TANKS.—In enforcing the requirement that under14 ground storage tanks be upgraded in accordance

15 with section 280.21 of title 40, Code of Federal Reg16 ulations, the Administrator shall focus enforcement

17 of the requirement on areas described in paragraph

18 (2).

19 ‘‘(4) USE OF METHYL TERTIARY BUTYL ETHER

20 IN GASOLINE.—

21 ‘‘(A) INTERIM PERIOD.—

22 ‘‘(i) PHASED REDUCTION.—

23 ‘‘(I) IN GENERAL.—The Admin24 istrator shall promulgate regulations

25 to require—
3

•S 1037 IS

1 ‘‘(aa) by January 1, 2001, a

1 2 ⁄3 reduction in the quantity of

3 methyl tertiary butyl ether that

4 may be used in gasoline; and

5 ‘‘(bb) by January 1, 2002, a

2 6 ⁄3 reduction in the quantity of

7 methyl tertiary butyl ether that

8 may be used in gasoline.

9 ‘‘(II) BASIS FOR REDUCTIONS.—

10 Reductions under subclause (I) shall

11 be based on the quantity of methyl

12 tertiary butyl ether in use in gasoline

13 in the United States as of the date of

14 enactment of this subsection.

15 ‘‘(ii) LABELING.—During the period

16 beginning on the date of enactment of this

17 subsection and ending December 31, 2002,

18 the Administrator shall require any person

19 selling gasoline that contains methyl ter20 tiary butyl ether at retail to prominently

21 label the fuel dispensing system for the

22 gasoline with a notice that the gasoline

23 contains methyl tertiary butyl ether.
4

•S 1037 IS

1 ‘‘(B) PROHIBITION.—Effective beginning

2 January 1, 2003, a person shall not use methyl

3 tertiary butyl ether in gasoline.’’.

4 SEC. 2. STUDY OF EFFECTS OF FUEL COMPONENTS.

5 Not later than July 31, 2000, the Administrator of

6 the Environmental Protection Agency shall—

7 (1) conduct a study of the behavior, toxicity,

8 carcinogenicity, health effects, and biodegradability,

9 in air and water, of ethanol, olefins, aromatics, ben10 zene, and alkylate; and

11 (2) report the results of the study to Congress.

Æ