MTBE/Tank Issues

PMAA has been closely following the developments in Congress on the issue of MTBE and ethanol and we are deeply concerned that Congress might worsen the critical gasoline supply and cost problems burdening industry and consumers in the U.S. PMAA believes that Congress must eliminate the 2% oxygenate mandate for reformulated gasoline and, if an interim step is necessary, allow a state to opt out of that requirement. PMAA supports an orderly phase-out of MTBE, should E.P.A. or Congress determine such a phase-down is necessary, but one that also takes into account the impact of such a phase-out on supply and costs and limits any negative impact.

In 1990, Congress required oxygenates to be a part of reformulated gasoline. Petroleum marketers opposed such a mandate as costly and unproven with regard to the true benefits to air quality, and now there are concerns that these same additives are affecting drinking water. Those additives made necessary by the CAA are another regulatory obstacle that increases fuel costs. The Congress is now considering ways to reduce the amount of MTBE used in the United States. However, the political compromise to enact legislation - a renewable fuels mandate - should not be part of a final solution.

PMAA believes that ethanol plays a vital role in the nation’s energy picture and that it also is important to the economies of several states. To that end, we have petitioned for relaxation of rules that would allow ethanol to compete effectively with MTBE. However, a mandated market-share, combined with a large subsidy, does not benefit American consumers or taxpayers. Further, such a mandate will have no proven positive impact on the environment. For these reasons, PMAA opposes a renewable fuels mandate.

Since Congress established the mandate for states to use either ethanol or MTBE as the oxygenate in 1990, PMAA feels strongly that Congress has a responsibility to free the states from that mandate. PMAA would also discourage Congress from being diverted to once again focusing on gasoline storage tanks. This ruse ignores the tremendous investments made by the industry to upgrade tanks and the tremendous costs incurred annually to maintain those tanks. Further, it ignores atmospheric deposition of MTBE, spills from automobile accidents, the operation of illegal tanks, spills of gasoline by homeowners fueling lawnmowers and other garden equipment, and fuel leaks at marinas during refueling events. Thus, we believe Congress and EPA must focus on MTBE as a component of gasoline, rather than reopening a closed issue.

PMAA supports the phase-out of MTBE and believes Congress should act quickly on this issue. However, resolving that issue by creating a new problem with a renewable fuels mandate is not the correct legislative combination. PMAA believes MTBE legislation should contain the following:

  • The oxygenate requirement should be waived upon petition by a state governor;
  • MTBE should be phased down in conjunction with the lifting of the oxygenate requirement;
     
  • There should be no new fuel mandates established by the Congress that will lead to upward pressure on fuel prices; and
     
  • Congress should provide additional funds (and broaden the statutory authority for states to use the Leaking Underground Storage Tank fund for MTBE targeted clean-up) to states for cleanups because of the cost of MTBE;
Again, PMAA urges you to help refocus the debate on what is fair and reasonable and appropriately address the issue.

 

PMAA Staff Contacts: 

Sarah Dodge, Director of Legislative Affairs, PMAA

Laura Tague, Director of Regulatory Affairs, PMAA

 

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