The MTBE provision originated in the House, where it has the strong support of Majority Leader Tom DeLay of Texas and Rep. Billy Tauzin, R-La., who led the House energy bill negotiations. Most MTBE is produced in Texas and Louisiana.
House Speaker Dennis Hastert, R-Ill., on Sunday blamed the gridlock over energy on lawyers who are flooding the courts with lawsuits against MTBE manufacturers.
"The trial lawyers held the bill up," he said, appearing on "Fox News Sunday," arguing that the industry turned to MTBE because of "a federally mandated program to reduce (air) pollution" and should be protected.
"They were forced to create the product," said Hastert.
"A safe harbor for manufacturers of MTBE is unacceptable," said Sen. John Sununu, R-N.H., whose state has filed a lawsuit against 22 oil and chemical companies seeking damages from water contamination.