MTBE controversy

Methyl tert-butyl ether MTBE is a gasoline additive used as an oxygenate and to raise the octane number. Its use has declined in the United States in response to environmental and health concerns. It has polluted groundwater due to MTBE-containing gasoline being spilled or leaked at gas stations. MTBE spreads more easily underground than other gasoline components due to its higher solubility in water.^[1] Removing MTBE from groundwater and contaminated soil range from an estimated $1^[2] to $30^[3]billion, including removing the compound from aquifers and municipal water supplies, and replacing leaky underground oil tanks. Who will pay for remediation is controversial. In one case, the cost to oil companies to clean up the MTBE in wells belonging to Santa Monica is estimated to exceed $200 million.^[4]

Recent state laws have been passed to ban MTBE in certain areas. California and New York, which together accounted for 40% of U.S. MTBE consumption, banned the chemical starting January 1, 2004, and as of September 2005, twenty-five states had signed legislation banning MTBE. (A table of state by state information, as of 2002, is available at the United States Department of Energy website.^[5]

In 2000, the EPA drafted plans to phase out the use of MTBE nationwide over four years. As of fall 2006, hundreds of lawsuits are still pending regarding MTBE contamination of public and private drinking water supplies.

The Energy Policy Act of 2005, passed in the House on April 21, 2005, did not include a provision for shielding MTBE manufacturers from water contamination lawsuits. This provision was first proposed in 2003 and had been thought by some to be a priority of Tom DeLay and Rep. Joe Barton, chairman of the Energy and Commerce Committee.^[6] This bill did include a provision that gives MTBE makers, including some major oil companies, $2 billion in transition assistance as MTBE is phased out over the next nine years.^[7] Due to opposition in the Senate,^[8] the conference report dropped all MTBE provisions. The final bill was passed by both houses and signed into law by President Bush.^[9] The lack of MTBE liability protection is resulting in a switchover to the use of ethanol as a gasoline additive, which is in limited supply as of April 2006. Some traders and consumer advocates are blaming this for an increase in gasoline prices.^[10]

The EPA currently lists methyl tertiary butyl ether (MTBE) as a candidate for a maximum contaminant level (MCL) in drinking water^[11]. MCLs are determined by the EPA using toxicity data.

Notable incidents in the US

Fallston, Maryland

Former location of Exxon station in Fallston, Maryland

Harford County, Maryland, found MTBE in wells near several of its filling stations beginning in 2004^[12]. This led the state of Maryland to make moves to ban MTBE^[13][14][15].

In 2005, an Exxon-Mobil station in Fallston, Maryland, was found to be leaking MTBE into the local wells. The discovery resulted in the station being abruptly closed^[16]. Exxon-Mobil referred to the closure as a "business decision"^[17]. Following the closure, MTBE levels in the area dropped^[18].

In August 2004, Harford County placed a six-month moratorium on construction of filling stations^[19].

Jacksonville, Maryland

During the 2000s, the wells of a neighborhood in Jacksonville, Maryland, were contaminated by a spill of 26,000 gallons from an Exxon-Mobil station in the area, resulting in an ongoing court battle^[20][21]. The suit has been filed by the state of Maryland's department of the environment on behalf of the area's residents, seeking millions of dollars in damages from Exxon-Mobil^[22]. Many residents also filed their own separate lawsuits^[23].

The case began in 2006, when a gasoline tank sprang a leak that was not detected for 34 days. Testing of 120 wells resulted in dangerously high levels of MTBE being found^[24]. Residents were put in danger by the spill, and in order to prevent further health problems, they required bottled water for cooking, drinking, and brushing teeth^[25]. Home values also dropped as a result of the spill^[26].

In September 2008, Exxon-Mobil settled the case with the state by agreeing to pay a $4 million fine, and face an additional $1 million in penalties annually if they did not work to clean up the spill^[27].

In March 2009, a jury awarded $150 million in damages to some of the area's residents. The jury did not assess any punitive damages in the case, finding that Exxon Mobil did not act fraudulently.^[28] A separate case including over 150 property owners as plaintiffs began in early 2011.^[29]

Santa Monica, California

Due to widespread releases of MTBE-containing gasoline from underground storage tanks all over the US, various jurisdictions banned the use of MTBE and production was reduced. MTBE contamination in drinking water aquifers is a serious concern in many states (the most famous cases are in New York City, Lake Tahoe and Santa Monica, California). Most American gasoline retailers have ceased using MTBE as an oxygenate and US production has declined. Similarly, lack of growth or even decline of MTBE production has been seen in Western Europe. This is due to the alternative ethanol-derived ether ETBE being given more favorable tax treatment. In other parts of the world, which account for about a half of 2004 production, the use of MTBE will continue and even grow.^[30]

Since 1992, MTBE has been used at higher concentrations in some gasoline to fulfill the oxygenate requirements set by the United States Congress in Clean Air Act amendments; however, since 1999, in California and other locations MTBE has begun to be phased out because of groundwater contamination.^[31] Due to its higher solubility in water MTBE moves more quickly than other fuel components.^[31] The Energy Policy Act of 2005 reduces the federal requirement for oxygen content in reformulated gasoline.^[32]

In 1995 high levels of MTBE were unexpectedly discovered in the water wells of Santa Monica, California, and the U.S. Geological Survey reported detections.^[33] Subsequent U.S. findings indicate tens of thousands of contaminated sites in water wells distributed across the country. As per toxicity alone, MTBE is not classified as a hazard for the environment, but it imparts an unpleasant taste to water already at very low concentrations. The maximum contaminant level of MTBE in drinking water has not yet been established by the United States Environmental Protection Agency (EPA). The leakage problem is partially attributed to the lack of effective regulations for underground storage tanks, but spillage from overfilling is also a contributor. As an ingredient in unleaded gasoline, MTBE is the most water soluble component. When dissolved in groundwater, MTBE will lead the contaminant plume with the remaining components such as benzene and toluene following. Thus the discovery of MTBE in public groundwater wells indicates that the contaminant source was a gasoline release. Its criticism and subsequent decreased usage, some claim, is more a product of its easy detectability (taste) in extremely low concentrations (ppb) than its toxicity. The MTBE concentrations used in the EU (usually 1.0–1.6%) and allowed (maximum 5%) in Europe are lower than in California.^[34]

See also

• List of environmental issues
• Environmental issues in the United States

References

1. ^ http://www.handpmg.com/lustline31-mtbe-or-benzene.htm
2. ^ SIGMA - Weekly Report
3. ^ Long Island Utility Fighting to Defeat MTBE Safe Harbor - Napoli Bern - Attorneys
4. ^ AmeriScan: February 17, 2005
5. ^ Website U.S. Department of Energy
6. ^ http://www.cnn.com/2005/POLITICS/04/21/energy.bill.mtbe.ap/
7. ^ http://www.msnbc.msn.com/id/7574562/+MTBE&hl=en
8. ^ Charles Babington, House Again Passes GOP Energy Measures, Washington Post, June 16, 2004, at A4 (House passes Energy Bill, but Senate opponents of MTBE provision in House Bill have the votes to prevent its enactment).
9. ^ http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.00006:
10. ^ prices ethanol/index.htm?cnn=yes http://money.cnn.com/2006/04/18/news/economy/gas prices ethanol/index.htm?cnn=yes
11. ^ CCL 2 List
12. ^ http://www.baltimoresun.com/news/health/bal-md.mtbe06oct06,0,2277644.story
13. ^ http://www.baltimoresun.com/news/health/bal-md.mtbe21jul21,0,2670859.story
14. ^ http://www.baltimoresun.com/news/health/bal-te.md.mtbe12aug12,0,5922433.story
15. ^ http://www.chicagotribune.com/business/bal-md.mtbe21jul21,0,3709088.story
16. ^ http://www.baltimoresun.com/news/health/bal-md.ha.mtbe28apr28,0,2125950.story
17. ^ http://www.courant.com/news/nationworld/bal-md.ha.mtbe28apr28,0,1401822.story
18. ^ http://www.dailypress.com/topic/bal-md.mtbe16jul16,0,5075953.story
19. ^ http://www.wbaltv.com/news/3611919/detail.html
20. ^ http://findarticles.com/p/articles/mi_qn4183/is_20061020/ai_n16804432/
21. ^ http://findarticles.com/p/articles/mi_qn4181/is_20061022/ai_n16800256/
22. ^ http://www.wbaltv.com/news/9043552/detail.html
23. ^ http://www.baltimoresun.com/news/local/baltimore_county/bal-md.co.exxon14mar14,0,2927648.story
24. ^ http://wjz.com/topstories/MTBE.Jacksonville.Baltimore.2.421241.html
25. ^ http://www.explorebaltimorecounty.com/news/5641/plaintiffs-describe-shattered-dreams-exxon-trial/
26. ^ http://www.dallasfortworthinjurylawyer.com/2009/03/exxon_found_liable_in_maryland.html
27. ^ http://www.baltimoresun.com/news/local/baltimore_county/bal-exxon091708,0,1606554.story
28. ^ http://www.litigationteam.com/PDFs/Sun-Exxon.pdf
29. ^ http://www.baltimoresun.com/news/maryland/baltimore-county/bs-md-co-exxon-trial-closing-20110617,0,2031393.story
30. ^ Michael Malveda, Hossein Janshekar, Masahiro Yoneyama. Gasoline Octane Improvers/Oxygenates. SRI Consulting. http://www.sriconsulting.com/CEH/Public/Reports/543.7500/
31. ^ ^{a b} (California Air Resources Board, 2004)
32. ^ http://www.epa.gov/otaq/rfg regs.htm#usage
33. ^ U.S. Geological Survay detections
34. ^ European Commission. MTBE and the Requirements for Underground Storage Tank Construction and Operation in Member States.