< Back to H.R. 3798 (106th Congress, 1999–2000)

Text of the To amend section 211 of the Clean Air Act to prohibit the use of MTBE as a fuel additive, to ...

...fuel additive, to amend the Solid Waste Disposal Act to accelerate the cleanup of MTBE released from leaking underground storage tanks, and to amend the Safe Dri

This bill was introduced on March 1, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 1, 2000 (Introduced).

Source: GPO

HR 3798 IH

106th CONGRESS

2d Session

H. R. 3798

To amend section 211 of the Clean Air Act to prohibit the use of MTBE as a fuel additive, to amend the Solid Waste Disposal Act to accelerate the cleanup of MTBE released from leaking underground storage tanks, and to amend the Safe Drinking Water Act to assist communities with MTBE contamination in drinking water supplies, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 1, 2000

Mr. FORBES (for himself, Mr. NADLER, Mr. OWENS, and Mr. ACKERMAN) introduced the following bill; which was referred to the Committee on Commerce


A BILL

To amend section 211 of the Clean Air Act to prohibit the use of MTBE as a fuel additive, to amend the Solid Waste Disposal Act to accelerate the cleanup of MTBE released from leaking underground storage tanks, and to amend the Safe Drinking Water Act to assist communities with MTBE contamination in drinking water supplies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AMENDMENT OF SECTION 211.

    (a) MTBE PROHIBITION- Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended as follows:

      (1) By adding at the end of paragraph (1) the following: ‘The Administrator shall amend the regulations under this paragraph as promptly as practicable after the date of enactment of this sentence to prohibit, by no later than January 1, 2004, the use of methyl tertiary butyl ether (MTBE) as a fuel additive.’.

      (2) By adding the following new subparagraph at the end of paragraph (2):

    ‘(D) The Administrator shall prohibit under paragraph (1) any additive in gasoline registered under subsection (a) after the enactment of this subparagraph unless it has been determined (through scientific testing and peer review) not to have any adverse effects on the public.’.

    (b) SAVINGS PROVISION- Nothing in the amendments made by this section shall be construed as changing the oxygenate requirements or emission standards set forth in the Clean Air Act.

SEC. 2. PREVENTION OF FURTHER LEAKS.

    (a) MONITORING- Section 9005 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof:

    ‘(c) SPECIAL RULE FOR MTBE- Whenever any release has been detected from an underground storage tank, the Administrator (or a representative of a State with an approved program) shall require the owner or operator of the tank to conduct monitoring for methyl tertiary butyl ether (MTBE) and report the results of such monitoring annually to the Administrator (or such representative) for the longer of (1) a period of 10 years following the detection of the first such release, or (2) 3 years after the date on which the last release was detected.’.

    (b) UPGRADING OF UNDERGROUND STORAGE TANKS- In enforcing the requirement that underground storage tanks be upgraded in accordance with section 280.21 of title 40, Code of Federal Regulations, the Administrator of the Environmental Protection Agency shall focus enforcement of the requirement on areas where MTBE is leaking into ground water or surface water.

    (c) SENSE OF THE CONGRESS- It is the sense of Congress that--

      (1) the Administrator should prioritize its funds under the Leaking Underground Storage Tanks (LUST) program (42 U.S.C. 6991 et seq.) to provide oversight, enforcement, and grants to States in which MTBE has been used as a fuel additive; and

      (2) the Administrator should accelerate the currently-planned implementation of testing for and reporting of MTBE in public water drinking water supplies to be completed by December 2001.

    (d) FUNDING- It is the sense of the Congress that all funds available in the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986 should be appropriated annually.

SEC. 3. EMERGENCY DECLARATION AND STUDY.

    (a) IN GENERAL- Part E of the Safe Drinking Water Act is amended by adding the following at the end thereof:

‘SEC. 1459. EMERGENCY DECLARATION; STUDY.

    ‘(a) DECLARATION- Based on the request of a Governor or head of a local government, the Administrator is authorized to declare that a drinking water emergency exists in a county or municipality, or any part thereof, if the drinking water supplies for that county or municipality, or any part thereof, have been contaminated by methyl tertiary butyl ether (MTBE).

    ‘(b) GRANTS- Upon making a declaration under subsection (a), the Administrator is authorized to make, on an expedited basis--

      ‘(1) grants to local government agencies to connect persons using private wells that have been contaminated with MTBE to public water systems where necessary to assure such persons access to uncontaminated water;

      ‘(2) grants to local government agencies to purchase bottled water for residents unable to safely use the water supply; and

      ‘(3) grants to such agencies to remediate the municipal water supplies, groundwater and surface water, and any other natural sources that provide water to the community.

    ‘(c) STUDY- The National Institutes of Environmental Health Sciences (NIEHS) of the National Institutes of Health shall undertake a study of the long-term health effects of MTBE contamination in drinking water.

    ‘(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $15,000,000 for the fiscal year 2001 and such sums as may be necessary for fiscal years 2002 through 2005.’.

    (b) BUDGET OFFSET- For the fiscal year 2001, sums otherwise available under other authority of law for the Army School of the Americas in the Department of the Army shall be reduced by $15,000,000.