PROHIBITING LIABILITY PROTECTION FOR MTBE MANUFACTURERS
WHEREAS, Methyl Tertiary Butyl Ether (MTBE) is a synthetic chemical used as an octane
enhancer, lead substitute and more recently a vehicle emission reduction additive to gasoline in the
United States since the late 1970s; and
WHEREAS, the Clean Air Act Amendments of 1990 required urban areas that are in
nonattainment for ozone to begin selling reformulated gasolines (RFG) designed to reduce
emissions beginning in 1995. A main component of RFG is oxygen, which is added to gasoline
primarily by two oxygenates -- MTBE and ethanol; and
WHEREAS, MTBE has contaminated large quantities of surface and ground water by releasing
MTBE through leaking underground storage tanks and pipelines; and
WHEREAS, one cup of MTBE, the amount found in one gallon of gasoline oxygenated with
MTBE, can contaminate an entire 5 million gallon well to the point of being undrinkable; and
WHEREAS, many states have banned MTBE or plan to phase it out due to water pollution
concerns; and
WHEREAS, current remediation techniques to clean water contaminated with MTBE are both
inadequate and extremely expensive; and
WHEREAS, a study by a California environmental engineering firm estimated it would cost $29
billion to clean up the 500 public drinking-water wells and 45,000 private wells across the country
contaminated with MTBE in addition to the approximately 140,000 underground storage tanks still
leaking gasoline containing the additive; and
WHEREAS, the U. S. House of Representatives adopted the Energy Policy Act of 2003, (H.R.
6) granting liability protection to MTBE manufacturers thereby potentially shifting the burden and
cost of clean up to local governments,
NOW, THEREFORE, BE IT RESOLVED that The United States Conference of Mayors urges
the Congress to not provide this liability protection for MTBE manufacturers.
©2003 U.S. Conference of Mayors 
