Back to the Future, Part 1: Learning PFAS Lessons From the History of MTBE With Steven Cook

Описание: In the first of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partner Steven Cook, who served as deputy assistant administrator at the EPA’s Office of Land and Emergency Management prior to joining the firm, about the ways that companies and agencies deal with per- and polyfluoroalkyl substances (PFAS). They also look back at the history of the methyl tert-butyl ether (MTBE) controversy and the lessons learned.

[00:00] Introduction

[03:31] Steven Cook’s 20-plus-year career: Steven reflects on his background at LyondellBasell and experience with MTBE.

[05:47] The origins of MTBE: As a response to the removal of lead from gasoline, MTBE was introduced in the late 1970s to improve combustion. MTBE became an environmental concern when leaks from underground storage tanks began polluting groundwater.

[10:12] MTBE versus PFAS: Both MTBE and PFAS serve critical needs — MTBE to solve air quality problems and PFAS for a multitude of uses including industrial firefighting foams. Both had the unintended consequence of contaminating drinking water.

[13:45] The Blue Ribbon Commission: Composed of chemical and gasoline producers, state agencies, water district and regulators, the commission aims to find solutions or alternatives to critical chemical and environmental challenges.

[17:20] A brief history of the MTBE Controversy: Steven explores the legal conflicts between the parties in the supply and use chain and the various theories of liability.

[27:31] The Renewable Fuel Standard and the end of MTBE: When the legislation failed to provide liability protection for producers of MTBE, the market for MTBE disappeared as ethanol became the standard.

[28:35] The evolving landscape of environmental regulation: Environmental issues have gone from combating visible pollution in the air and water to regulating substances down to parts-per-trillion with PFAS, leading to challenges with measurement and sample contamination.

Full episode and show notes on our website: https://bracewell.com/insights/back-f...

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