mr. chairman , i rise in opposition to the capps amendment . 
during our committee hearing on february 16 , 2005 , we had a lively and substantial debate on the mtbe limited defective product liability waiver contained in the energy bill . 
and during our markup last week , the committee considered a number of amendments on the mtbe provisions , including several offered by mrs. capps . 
during our hearing on the 16th , we heard testimony from many different people , including mr. erik olson on behalf of the national resources defense council . 
during his testimony , mr. olson alleged that mtbe causes cancer . 
later in the hearing , i asked mr. olson if there is any conclusive evidence that proves that mtbe causes cancer in humans . 
mr. olson was unable to answer . 
that is because there is no evidence that mtbe does cause cancer in humans . 
in fact , in the u.s. department of health and human services ' 2002 report to congress , hhs found that there is not sufficient evidence to list mtbe as a carcinogen . 
even the world health organization and the european union have both concluded that there are `` negative results '' or inadequate evidence that would merit classification of mtbe as a carcinogen . 
regardless , we do not want mtbe in our drinking water . 
but nor do we want benzene nor any other gasoline component that may be seeping into our groundwater . 
that is why the energy bill bans its use in gasoline . 
that is why there are provisions in the bill that will send more leaking underground storage tank trust fund money to help cleanup orphaned and abandoned sites . 
in conclusion , i oppose the capps amendment . 
