I

103D CONGRESS

1ST SESSION H. R. 1589

To amend the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to grant a waiver of the oxygenated fuels

requirement, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To amend the Clean Air Act to authorize the Administrator

of the Environmental Protection Agency to grant a waiver of the oxygenated fuels requirement, 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. FINDINGS.

4 Congress finds that—

5 (1) the use of methyl tertiary butyl ether

6 oxygenated fuels (referred to in this Act as ‘‘M–T–

7 B–E oxygenated fuels’’) as one means of compliance

8 with section 211(m) of the Clean Air Act (42 U.S.C.
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1 7545(m)), which requires the use of oxygenated

2 fuels to lower the level of carbon monoxide in non3 attainment areas, has resulted in excessive health-re4 lated complaints in areas of the State of Alaska in

5 which M–T–B–E oxygenated fuels have been used;

6 (2) consumer hotlines in Fairbanks, Alaska and

7 Anchorage, Alaska have received hundreds of un8 usual medical complaints (including complaints of

9 abnormal headaches, sore throats, asthma, light

10 headedness, burning sensation in eyes and lungs,

11 shortness of breath, skin rashes, numbness, swollen

12 tissue, and abnormal congestion) in geographic areas

13 in which M–T–B–E oxygenated fuels are in use;

14 (3) tests conducted by employees at the envi15 ronmental health laboratory at the Centers for Dis16 ease Control revealed a measurable quantity of

17 methyl tertiary butyl ether in the blood of workers

18 exposed to M–T–B–E oxygenated fuels;

19 (4) representatives of the Centers for Disease

20 Control testified before Congress that more studies

21 were needed to determine the health effects of expo22 sure to the substance;

23 (5) no studies have been completed to measure

24 the chronic effects of exposure to M–T–B–E

25 oxygenated fuels in cold climates on public health,
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1 particularly in areas that have temperatures that

2 regularly reach 50 degrees below zero Fahrenheit;

3 (6) because of numerous health complaints and

4 the conclusions of the State epidemiologist of the

5 Alaska Division of Public Health, the Governor of

6 Alaska suspended the M–T–B–E oxygenated fuels

7 program in Fairbanks, Alaska;

8 (7) after the program was suspended in Fair9 banks, the State epidemiologist concluded that there

10 is a possibility that similar illnesses are being caused

11 by the M–T–B–E oxygenated fuels program in An12 chorage;

13 (8) additional scientific studies on the health ef14 fects of M–T–B–E oxygenated fuels need to be com15 pleted;

16 (9) the public should not be exposed to M–T–

17 B–E oxygenated fuels until studies are completed

18 and the public health risk has been assessed; and

19 (10) ethanol blend oxygenated fuels are known

20 to separate from the gasoline base at ultacold tem21 peratures and may therefore have drivability and

22 safety implications in Alaska.
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1 SEC. 2. WAIVER OF THE M–T–B–E OXYGENATED FUELS RE2 QUIREMENT

3 Section 211(m)(3) of the Clean Air Act (42 U.S.C.

4 7545(m)(3)) is amended by adding at the end the follow5 ing new subparagraphs:

6 ‘‘(D) If requested in writing by an affected local

7 government within a title I nonattainment area for

8 carbon monoxide in Alaska, the Governor of the

9 State of Alaska may petition for a waiver and the

10 Administrator may waive, in whole or in part, the

11 requirements of paragraphs (1) and (2) with respect

12 to an area within the State of Alaska that is des13 ignated under title I as a nonattainment area for

14 carbon monoxide, if the Administrator finds that

15 compliance with the requirements should be waived

16 for one or more of the following reasons:

17 ‘‘(i) Compliance is not technologically or

18 economically feasible because the technology

19 needed to comply is not commercially available

20 or because the use of M–T–B–E oxygenated

21 fuels would increase the cost of commercially

22 available fuel supplies by more than 150 per23 cent of the national average cost of using M–

24 T–B–E oxygenated fuels in nonattainment

25 areas outside of Alaska;
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1 ‘‘(ii) Compliance would be unreasonable

2 due to unique geographical or meteorological

3 factors;

4 ‘‘(ii) Compliance could or does cause harm5 ful health effects;

6 ‘‘(iv) The use of M–T–B–E oxygenated

7 fuels increases aldehyde emissions appreciably.

8 ‘‘(E) The Administrator shall grant or deny a

9 petition for a waiver submitted under subparagraph

10 (D) not later than 60 days after receiving the peti11 tion.

12 ‘‘(F)(i) The Administrator shall conduct a

13 study that compares the probable health risks and

14 costs of title I carbon monoxide nonattainment in

15 Alaska with the probable health risks and costs of

16 increased noncarbon monoxide emissions (such as

17 aldehyde emissions) associated with the use of M–T–

18 B–E oxygenated fuels in Alaska.

19 ‘‘(ii) The Administrator shall report the results

20 of the study of Congress not later than 1 year after

21 the date of enactment of this paragraph.

22 ‘‘(G) The Administrator may suspend the re23 quired use of oxygenated fuels—

24 ‘‘(i) during the pendency of a petition for

25 a waiver submitted under paragraph (D); and
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1 ‘‘(ii) until the completion of the health risk

2 study conducted pursuant to subparagraph

3 (F).’’.

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