UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 204 60
MAY 1 41997
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
9200.4-21
MEMORANDUM
SUBJECT: Headquarters Consultation for Addressing Methyl
Tertiary Butyl Ether (MTBE) Contamination Under the
Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA).
FROM:	Stephen D. Luftig, Director /s/
Office of Emergency and Remedial Response
Barry Breen, Director /s/
Office of Site Remediation Enforcement
TO:	Superfund National Policy Managers, Regions 1-10
Regional Counsel, Regions 1-10
PURPOSE
The purpose of this memorandum is to request that Regions
consult with Headquarters when considering use of CERCLA
authority to address MTBE contamination. The Office of
Emergency and Remedial Response (OERR) and the Office of Site
Remediation Enforcement (OSRE) have agreed that this
consultation policy should be applicable to all Fund-lead and
potentially responsible party (PRP)-lead sites, including
other Federal agency-lead and State-lead sites.
BACKGROUND
MTBE, a gasoline additive that reduces air pollution, is
being detected with increasing frequency in groundwater
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nationwide. Under CERCLA section 101(14) and 101(33),
petroleum, including crude oil and its fractions, may be
excluded from the scope of the statute. MTBE's chemical
characteristics and widespread use in gasoline products
complicate the choice of an appropriate response authority.
IMPLEMENTATION
Regional management should consult with the appropriate
OERR Regional Center Director or OSRE Regional Support
Division Branch Chief prior to using CERCLA authority or
funding to address MTBE contamination. General questions
regarding which sites need consultation or regarding the
consultation process should be addressed to Amy Legare, OSRE,
at (202) 564-4256, or Richard Jeng, OERR, at (703) 603-8749.
We appreciate your assistance in this matter.
cc: Tim Fields, OSWER
Jim Woolford, FFRRO
Earl Salo, OGC
Charles Openchowski, OGC
John Heffelfinger, OSWER/UST
Sandra Connors, OSRE
Larry Reed, OERR
Chuck Sands, OERR
Murray Newton, OERR
Betsy Shaw, OERR
Paul Nadeau, OERR
Tom Sheckells, OERR
John Cunningham, OERR
David Lopez, OERR
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