United States Air and Radiation EPA420-F-00-012
Environmental Protection March 2000
Agency
Office of Transportation and Air Quality
Regulatory
Announcement
Advance Notice of Proposed
Rulemaking to Control MTBE in
Gasoline
The U.S. Environmental Protection Agency (EPA) is considering a limit
or ban on the use of MTBE as a fuel additive. We are publishing an
Advance Notice of Proposed Rulemaking (ANPRM) of our intent to
issue a rule under Section 6 of the Toxic Substances Control Act
(TSCA) considering this action. EPA is requesting comment on a
number of aspects of this anticipated regulatory action, including
whether the Agency should take action to address any fuel additives
other than MTBE.
Background
MTBE is a chemical compound that is used as a fuel additive in gasoline.
Refiners add MTBE to gasoline as an oxygenate to meet the Reformu-
lated Gasoline (RFG) requirements of the Clean Air Act (CAA). The
RFG provisions require, among other things, that all RFG contain at least
2.0 percent oxygen by weight. These provisions were designed to reduce
the emissions of volatile organic compounds (a precursor to ozone, or
smog) and other harmful air emissions from vehicle exhaust in areas with
ozone pollution problems.
The CAA mandates that RFG be sold in the ten largest metropolitan
areas with the most severe summertime ozone problems (Baltimore,
Chicago, Hartford, Houston, Milwaukee, New York, Philadelphia, Los
Angeles, Sacramento, and San Diego). The CAA also allows certain
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other areas with less severe air pollution problems to opt into the RFG
program. Currently, 17 states and the District of Columbia are participat-
ing in the RFG Program.
While the use of MTBE as a fuel additive in gasoline has helped to
achieve significant reductions in air emissions, it has also caused wide-
spread and serious contamination of the nation's drinking water supplies.
Unlike other components of gasoline, MTBE dissolves and spreads
readily in the groundwater, does not degrade easily, and is difficult and
costly to remove from groundwater. Low levels of MTBE can make
drinking water supplies undrinkable due to its offensive taste and odor. At
higher levels, it may also pose a risk to human health.
In response to the growing concerns regarding MTBE, EPA Administra-
tor Carol M. Browner appointed an independent Blue Ribbon Panel to
investigate the use of oxygenates in gasoline. EPA is working with
Congress, the states and the regulated community to implement the Blue
Ribbon Panel's recommendations. This includes seeking, through Con-
gressional action, to eliminate the oxygenate mandate in gasoline, while
maintaining clean air benefits.
Of
EPA's review of existing information on contamination of drinking water
resources by MTBE indicates substantial evidence of a significant risk to
the nation's drinking water supply. A comprehensive approach to such
risk must include consideration of either reducing or eliminating the use
of MTBE as a gasoline additive. EPA is concerned about the detections
of MTBE in groundwater and drinking water. Our goal is to protect
public health and the environment by ensuring that Americans have both
cleaner air and cleaner water—and never one at the expense of the other.
The outcome of this rulemaking could be a total ban on the use of MTBE
as a gasoline additive or a limitation preventing the use of MTBE in
gasoline in amounts greater than those designed to provide octane en-
hancement. The outcome could also be less restrictive, such as limiting
the amount of MTBE that could be used in gasoline; limiting the use of
MTBE in particular geographic areas or during particular times of year;
limiting the types of facilities in which MTBE can be stored; or limiting
the manner in which MTBE is transported. Any final outcome must,
however, provide adequate protection against any unreasonable risk
caused by MTBE.
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EPA Action
to the of
The advance notice seeks comment on many issues related to the control
or ban of MTBE. They include:
1. Whether some use of MTBE as a gasoline additive should be al-
lowed to continue and, if so, the level or type of use that should be
allowed to continue.
Contamination
and
Remediation
2. How much lead time, if any, would be necessary to enable refiners to
eliminate MTBE from RFG while continuing to meet the current
levels of compliance with RFG standards for VOC, NOx, and toxic
emissions without unacceptable impacts on the price or supply of
fuel.
3. How much lead time, if any, would be necessary to enable refiners to
eliminate MTBE as an octane enhancer in conventional gasoline
without unacceptable impacts on the price or supply of fuel.
4. Whether EPA should obtain additional information on or reduce,
eliminate, or cap the use of any other gasoline additives in addition
to MTBE.
5. Whether MTBE presents significantly greater risk to public health
and/or water quality than alternative gasoline additives.
1. Incidents of both releases of gasoline containing MTBE and the
detection of MTBE in groundwater, surface waters, or drinking
water supplies.
2. Toxicity of MTBE, the levels at which its taste or odor can be
detected in water, the levels at which its taste or odor makes water
unacceptable to consumers, and any other properties of MTBE that
may be relevant to a rulemaking under TSCA section 6.
3. Likely future occurrence of MTBE contamination in groundwater,
surface water, and/or drinking water.
4. Relative contribution of different sources to present and future
MTBE contamination of groundwater, surface water, and drinking
water.
5. Cost and efficacy of technologies for remediating soil and drinking
water sources that have been contaminated with MTBE.
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to
MTBE
Economic
Considerations
1. Potential substitutes that might replace MTBE either as an oxygen-
ate in RFG or an octane enhancer in conventional gasoline.
2. Actual releases of gasoline additives other than MTBE to the envi-
ronment.
3. Possible impacts on health or the environment that might result
from the elimination or limitation of use of MTBE as a gasoline
additive and the use of alternative compounds in MTBE's place.
1. Cost impacts of an elimination or limitation of MTBE in gasoline,
in the absence of a change in the RFG requirements.
2. Availability of alternative oxygenates and octane enhancers, the
time it would take for production of alternatives to meet national
demand, and the potential impacts on fuel supply and price.
We welcome your comments on this advance notice. You may submit
written comments to EPA up to 45 days after the proposed rule is pub-
lished in the Federal Register. Please be aware that your comments,
including your name and address, may be placed on the Internet docket
web site for this ANRPM. The address for submitting written comments
is:
Document Control Office (7407)
Office of Pollution Prevention and Toxics (OPPT)
U. S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue NW
Washington, DC 20460
The advance notice is available electronically via the EPA Internet site at:
www. epa. gov/otaq/fuel s. htm
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For
Documents related to the advance notice are available electronically at
the Internet site listed above, or by contacting:
Barbara A. Cunningham
Office of Program Management and Evaluation
Office of Pollution Prevention and Toxics (7401)
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue NW
Washington, DC 20460
(202)554-1404
TDD: (202)554-0551
e-mail address: TSCA-Hotline@,epa.gov
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