[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1589 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1589
To amend the Clean Air Act to authorize the Administrator of the
Environmental Protection Agency to grant a waiver of the oxygenated
fuels requirement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1993
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to authorize the Administrator of the
Environmental Protection Agency to grant a waiver of the oxygenated
fuels requirement, 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. FINDINGS.
Congress finds that--
(1) the use of methyl tertiary butyl ether oxygenated fuels
(referred to in this Act as ``M-T-B-E oxygenated fuels'') as
one means of compliance with section 211(m) of the Clean Air
Act (42 U.S.C. 7545(m)), which requires the use of oxygenated
fuels to lower the level of carbon monoxide in nonattainment
areas, has resulted in excessive health-related complaints in
areas of the State of Alaska in which M-T-B-E oxygenated fuels
have been used;
(2) consumer hotlines in Fairbanks, Alaska and Anchorage,
Alaska have received hundreds of unusual medical complaints
(including complaints of abnormal headaches, sore throats,
asthma, light headedness, burning sensation in eyes and lungs,
shortness of breath, skin rashes, numbness, swollen tissue, and
abnormal congestion) in geographic areas in which M-T-B-E
oxygenated fuels are in use;
(3) tests conducted by employees at the environmental
health laboratory at the Centers for Disease Control revealed a
measurable quantity of methyl tertiary butyl ether in the blood
of workers exposed to M-T-B-E oxygenated fuels;
(4) representatives of the Centers for Disease Control
testified before Congress that more studies were needed to
determine the health effects of exposure to the substance;
(5) no studies have been completed to measure the chronic
effects of exposure to M-T-B-E oxygenated fuels in cold
climates on public health, particularly in areas that have
temperatures that regularly reach 50 degrees below zero
Fahrenheit;
(6) because of numerous health complaints and the
conclusions of the State epidemiologist of the Alaska Division
of Public Health, the Governor of Alaska suspended the M-T-B-E
oxygenated fuels program in Fairbanks, Alaska;
(7) after the program was suspended in Fairbanks, the State
epidemiologist concluded that there is a possibility that
similar illnesses are being caused by the M-T-B-E oxygenated
fuels program in Anchorage;
(8) additional scientific studies on the health effects of
M-T-B-E oxygenated fuels need to be completed;
(9) the public should not be exposed to M-T-B-E oxygenated
fuels until studies are completed and the public health risk
has been assessed; and
(10) ethanol blend oxygenated fuels are known to separate
from the gasoline base at ultacold temperatures and may
therefore have drivability and safety implications in Alaska.
SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT
Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is
amended by adding at the end the following new subparagraphs:
``(D) If requested in writing by an affected local
government within a title I nonattainment area for carbon
monoxide in Alaska, the Governor of the State of Alaska may
petition for a waiver and the Administrator may waive, in whole
or in part, the requirements of paragraphs (1) and (2) with
respect to an area within the State of Alaska that is
designated under title I as a nonattainment area for carbon
monoxide, if the Administrator finds that compliance with the
requirements should be waived for one or more of the following
reasons:
``(i) Compliance is not technologically or
economically feasible because the technology needed to
comply is not commercially available or because the use
of M-T-B-E oxygenated fuels would increase the cost of
commercially available fuel supplies by more than 150
percent of the national average cost of using M-T-B-E
oxygenated fuels in nonattainment areas outside of
Alaska;
``(ii) Compliance would be unreasonable due to
unique geographical or meteorological factors;
``(ii) Compliance could or does cause harmful
health effects;
``(iv) The use of M-T-B-E oxygenated fuels
increases aldehyde emissions appreciably.
``(E) The Administrator shall grant or deny a petition for
a waiver submitted under subparagraph (D) not later than 60
days after receiving the petition.
``(F)(i) The Administrator shall conduct a study that
compares the probable health risks and costs of title I carbon
monoxide nonattainment in Alaska with the probable health risks
and costs of increased noncarbon monoxide emissions (such as
aldehyde emissions) associated with the use of M-T-B-E
oxygenated fuels in Alaska.
``(ii) The Administrator shall report the results of the
study of Congress not later than 1 year after the date of
enactment of this paragraph.
``(G) The Administrator may suspend the required use of
oxygenated fuels--
``(i) during the pendency of a petition for a
waiver submitted under paragraph (D); and
``(ii) until the completion of the health risk
study conducted pursuant to subparagraph (F).''.
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