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 in nonattainment for
ozone to begin selling reformulated gasolines (RFG) designed to reduce
emissions beginning in1995. 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; and
WHEREAS,
The comprehensive energy bill (S. 2095) currently stalled in the U. S. Senate
does not contain language that provides the producers of MTBE liability
protection; and
WHEREAS,
the U. S. House of Representatives leadership has pledged to include MTBE
liability protection language in any energy bill that emerges from a
House-Senate energy conference committee,
NOW,
THEREFORE, BE IT RESOLVED that The United States Conference of Mayors
reaffirms its strong opposition to provisions in the House energy bill (H.R. 6)
or any other legislative vehicle that would provide producers of MTBE with
product liability immunity (“safe harbor”); and
BE
IT FURTHER RESOLVED that The United States Conference of Mayors urges the
Congress to not to provide this liability protection for MTBE manufacturers.
©2004 U.S. Conference of Mayors