MTBE controversy
Encyclopedia
Methyl tert-butyl ether
Methyl tert-butyl ether
Methyl tert-butyl ether, also known as methyl tertiary butyl ether and MTBE, is an organic compound with molecular formula 3COCH3. MTBE is a volatile, flammable, and colorless liquid that is immiscible with water. It has a minty odor vaguely reminiscent of diethyl ether, leading to unpleasant taste...

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. Removing MTBE from groundwater and contaminated soil range from an estimated $1 to $30billion
1000000000 (number)
1,000,000,000 is the natural number following 999,999,999 and preceding 1,000,000,001.In scientific notation, it is written as 109....

, 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.

Recent state laws have been passed to ban MTBE in certain areas. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

, 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
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...

 website.

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
Energy Policy Act of 2005
The Energy Policy Act of 2005 is a bill passed by the United States Congress on July 29, 2005, and signed into law by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico...

, 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
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...

 and Rep. Joe Barton
Joe Barton
Joseph Linus "Joe" Barton is a Republican politician, representing in the U.S. House of Representatives since 1985, and a member of the Tea Party Caucus...

, chairman of the Energy and Commerce Committee. 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. Due to opposition in the Senate, the conference report dropped all MTBE provisions. The final bill was passed by both houses and signed into law by President Bush. 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.

The EPA currently lists methyl tertiary butyl ether (MTBE) as a candidate for a maximum contaminant level (MCL
Maximum Contaminant Level
Maximum Contaminant Levels are standards that are set by the United States Environmental Protection Agency for drinking water quality. An MCL is the legal threshold limit on the amount of a substance that is allowed in public water systems under the Safe Drinking Water Act...

) in drinking water. MCLs are determined by the EPA using toxicity
Toxicity
Toxicity is the degree to which a substance can damage a living or non-living organisms. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell or an organ , such as the liver...

 data.

Fallston, Maryland

Harford County, Maryland
Harford County, Maryland
Harford County is a county in the U.S. state of Maryland. In 2010, its population was 244,826. Its county seat is Bel Air. Harford County forms part of the Baltimore-Washington Metropolitan Area.-History:...

, found MTBE in wells near several of its filling station
Filling station
A filling station, also known as a fueling station, garage, gasbar , gas station , petrol bunk , petrol pump , petrol garage, petrol kiosk , petrol station "'servo"' in Australia or service station, is a facility which sells fuel and lubricants...

s beginning in 2004. This led the state of Maryland to make moves to ban MTBE.

In 2005, an Exxon-Mobil station in Fallston, Maryland
Fallston, Maryland
Fallston is a census-designated place in Harford County, Maryland, United States. The population was 8,427 at the 2000 census. It is a semi-rural community consisting mostly of farms and suburban-like developments and is a good example of an "exurb"...

, was found to be leaking MTBE into the local wells. The discovery resulted in the station being abruptly closed. Exxon-Mobil referred to the closure as a "business decision". Following the closure, MTBE levels in the area dropped.

In August 2004, Harford County placed a six-month moratorium
Moratorium (law)
A moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out....

 on construction of filling stations.

Jacksonville, Maryland

During the 2000s, the wells
Water well
A water well is an excavation or structure created in the ground by digging, driving, boring or drilling to access groundwater in underground aquifers. The well water is drawn by an electric submersible pump, a trash pump, a vertical turbine pump, a handpump or a mechanical pump...

 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. The suit has been filed by the state of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...

's department of the environment on behalf of the area's residents, seeking millions of dollars in damages from Exxon-Mobil. Many residents also filed their own separate lawsuits.

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. 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. Home values also dropped as a result of the spill.

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.

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. A separate case including over 150 property owners as plaintiffs began in early 2011.

Santa Monica, California

Due to widespread releases of MTBE-containing gasoline from underground storage tank
Underground storage tank
An Underground Storage Tank , in United States environmental law, is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground.-Tank types:...

s 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
Lake Tahoe
Lake Tahoe is a large freshwater lake in the Sierra Nevada of the United States. At a surface elevation of , it is located along the border between California and Nevada, west of Carson City. Lake Tahoe is the largest alpine lake in North America. Its depth is , making it the USA's second-deepest...

 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
ETBE
Ethyl tert-butyl ether is commonly used as an oxygenate gasoline additive in the production of gasoline from crude oil. ETBE offers equal or greater air quality benefits than ethanol, while being technically and logistically less challenging...

 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.

Since 1992, MTBE has been used at higher concentrations in some gasoline to fulfill the oxygenate requirements set by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 in Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...

 amendments; however, since 1999, in California and other locations MTBE has begun to be phased out because of groundwater contamination. Due to its higher solubility in water MTBE moves more quickly than other fuel components. The Energy Policy Act of 2005 reduces the federal requirement for oxygen content in reformulated gasoline.

In 1995 high levels of MTBE were unexpectedly discovered in the water well
Water well
A water well is an excavation or structure created in the ground by digging, driving, boring or drilling to access groundwater in underground aquifers. The well water is drawn by an electric submersible pump, a trash pump, a vertical turbine pump, a handpump or a mechanical pump...

s of Santa Monica, California
Santa Monica, California
Santa Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...

, and the U.S. Geological Survey reported detections. 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
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...

 (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
Benzene
Benzene is an organic chemical compound. It is composed of 6 carbon atoms in a ring, with 1 hydrogen atom attached to each carbon atom, with the molecular formula C6H6....

 and toluene
Toluene
Toluene, formerly known as toluol, is a clear, water-insoluble liquid with the typical smell of paint thinners. It is a mono-substituted benzene derivative, i.e., one in which a single hydrogen atom from the benzene molecule has been replaced by a univalent group, in this case CH3.It is an aromatic...

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.
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