Widespread concern regarding MTBE water contamination has members of Congress, the Administration and states working to limit MTBE use and determine the future role of oxygenates including ethanol. The Senate Environment and Public Works Committee Chairman, New Hampshire Senator, Bob Smith says, he would like to move a bill out of his committee by the August recess. Senator Smith is a co-sponsor of legislation that would remove the oxygenate requirement in reformulated gasoline. The following bills have been introduced and will influence any final legislation that is proposed for mark-up in the committee:

• In the U.S. Senate, Senator Tom Daschle of South Dakota and Indiana Senator Richard Lugar introduced S. 2503, the Renewable Fuels Act of 2000, which would establish a nationwide renewable fuel content requirement, beginning at 1.3 percent in 2000 and increasing to 3.3 percent in 2010 and beyond. The bill also allows states to apply for a waiver from the oxygenate requirement in reformulated gasoline, instructs the U.S. Environmental Protection Agency to issue regulations by 2005 to control MTBE use, allows states to institute controls on MTBE use, and includes anti-backsliding provisions. This bill resembles the Administration's "principles for action" that were provided to Congress to address the issue. The Administration has stated MTBE use should be eliminated while maintaining a role for renewable fuels such as ethanol.
• Legislation introduced by Senators Kit Bond of Missouri and Illinois Senator Dick Durbin, also co-sponsored by Senator Lugar, would ban the use of MTBE in three years while maintaining the oxygenate requirement. The Clean Air and Water Preservation Act of 2000, S. 2546, includes anti-backsliding provisions and language that would negate the California waiver request and replace the statutory authority to grant a waiver based on emissions with a temporary waiver allowable in the event of a shortage of supply of domestic oxygenates. S. 2546 is similar to legislation introduced previously in the House by Representative Greg Ganske of Iowa.

States' Action to Limit MTBE Use

• California Phases out MTBE use completely by December 31, 2002
• South Dakota Prohibits sale of gasoline containing 2 volume percent or more MTBE
• Iowa Prohibits sale of gasoline containing more than 2 volume percent MTBE
• Arizona Phases out MTBE use completely, effective 180 days following complete phase-out in California
• New York Prohibits the sale of gasoline containing MTBE effective January 1, 2004
• Connecticut Provides for complete MTBE phase-out by October 1, 2003
• Minnesota Prohibits the sale of gasoline containing more than 0.3 volume percent MTBE, including complete ban on ethers (MTBE, ETBE, TAME) as of July 1, 2005; no amount of MTBE can be used to meet the state's oxygenate requirement
• Nebraska Prohibits the sale of any petroleum product containing more than 1 volume percent MTBE.
• Colorado Phase out the use of MTBE by April 30, 2002
• Maine Establishes a goal to phase of MTBE use by January 1, 2003
• Michigan Prohibits the use of MTBE as of June 1, 2003
• Illinois Requires pump labeling of pumps dispensing at least 2 volume percent MTBE