Message-ID: <804851.1075844948730.JavaMail.evans@thyme> Date: Fri, 24 Mar 2000 04:37:00 -0800 (PST) From: jeffrey.keeler@enron.com To: james.prentice@enron.com, stanley.horton@enron.com, ted.robinson@enron.com, michael.robison@enron.com, stephen.swain@enron.com, lou.potempa@enron.com, micha.makowsky@enron.com, michael.terraso@enron.com, rick.craig@enron.com, marc.phillips@enron.com, sandra.mccubbin@enron.com, richard.shapiro@enron.com, janel.guerrero@enron.com, carolyn.green@enron.com, john.wodraska@enron.com, diane.bazelides@enron.com, john.palmisano@enron.com, catherine.mckalip-thompson@enron.com, susan.worthen@enron.com, joe.kolb@enron.com, steven.kean@enron.com, rob.bradley@enron.com, joe.allen@enron.com, joe.hillings@enron.com, cynthia.sandherr@enron.com, stephen.burns@enron.com, chris.long@enron.com, mark.palmer@enron.com Subject: EPA advance notice to regulate MTBE under TSCA Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Jeffrey Keeler X-To: James Prentice, Stanley Horton, Ted Robinson, Michael A Robison, Stephen Swain, Lou Potempa, Micha Makowsky, Michael Terraso, Rick Craig, Marc Phillips, Sandra McCubbin, Richard Shapiro, Janel Guerrero, Carolyn Green, John Wodraska, Diane Bazelides, John Palmisano, Catherine McKalip-Thompson, Susan Worthen, Joe Kolb, Steven J Kean, Rob Bradley, Joe Allen, Joe Hillings, Cynthia Sandherr, Stephen D Burns, Chris Long, Mark Palmer X-cc: X-bcc: X-Folder: \Stanley_Horton_1\Notes Folders\Discussion threads X-Origin: HORTON-S X-FileName: shorton.nsf The EPA today issued its "Advance Notice of Intent to Initiate Rulemaking Under the Toxic Substances Control Act (TSCA) to Eliminate or Limit the Use of MTBE as a Fuel Additive in Gasoline." As brief background, TSCA allows EPA to issue rules regulating chemical substances where there is an "unreasonable risk to health or the environment." Such rules could lead to various levels of regulation of the manufacture, processing, or distribution of MTBE, including a complete ban or substantial limitations on use. The purpose of such this notice is to request comments as to whether EPA should go forward with a proposed rule. Comments are due by May 8, 2000. If EPA decides to move forward with a proposed rule, our sources indicate this would not likely occur for at least 6 months, as EPA first has to deal with comments on the current "advance notice" and make some decisions before proceeding. OFA will be submitting comments on behalf of MTBE producers, and will be working to get other groups like the Chemical Manufacturers Association and American Methanol Institute to comment as well. They have also suggested that individual companies provide comments to EPA as well. I have asked the regulatory and technical analysis staff in Enron Environment, Health and Safety to review the EPA document and provide recommendations as to the viability of EPA's efforts to regulate MTBE under TSCA, the possible impacts on Enron's MTBE operations if TSCA regulation were to be finalized, and the potential areas where Enron might best comment. I would appreciate your initial comments on whether it is appropriate or advisable for Enron to provide comments for the EPA record in this "advance notice" stage. While our technical staff should be able to provide some recommendations based on their review, the broader, political issue is whether Enron should engage in the TSCA debate at all, given our pursuit of more of an "exit strategy" for our MTBE asset (stranded costs, liability protection). Please let me know your views as soon as possible. I will forward analysis from our technical team as soon as it is available. Thank you. Jeff Keeler Director, Environmental Strategies Enron Corp. -- Environment, Health & Safety Washington, D.C. (202) 466-9157 (202) 828-3372 fax