[Congressional Record Volume 145, Number 9 (Wednesday, January 20, 1999)]
[Senate]
[Pages S797-S799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 266. A bill to amend the Clean Air Act to permit the exclusive 
application of California State regulations regarding reformulated 
gasoline in certain areas within the State; to the Committee on 
Environment and Public Works.
  S. 267. A bill to amend the Solid Waste Disposal Act to direct 
Administrator of Environmental Protection Agency to give highest 
priority to petroleum contaminants in drinking water in issuing 
corrective action orders under the response program for petroleum; to 
the Committee on Environment and Public Works.
  S. 268. A bill to specify the effective date of and require an 
amendment to the final rule of the Environmental Protection Agency 
regulating exhaust emissions from new spark-ignition gasoline marine 
engines; to the Committee on Environment and Public Works.


            eliminate mtbe from california's drinking water

  Mrs. FEINSTEIN. Mr. President, today I am introducing three bills to 
stop the contamination of California's drinking water by the gasoline 
additive MTBE.
  First, I am introducing a bill to allow California to apply its own 
clean or reformulated gasoline rules as long as emissions reductions 
are equivalent or greater. California's rules are stricter than the 
federal rules and thus meet the air quality requirements of the federal 
Clean Air Act. This bill is the companion to H.R. 11 introduced by 
Representative Bilbray on January 6, 1998.
  MTBE or methyl tertiary butyl either is added to gasoline by some 
refiners in response to federal requirements that areas with the most 
serious air pollution problems use what is called ``reformulated 
gasoline,'' a type of cleaner-burning gasoline. The federal law 
requires that this gasoline contain 2 percent by weight oxygenate. MTBE 
has been the oxygenate of choice by some refiners.
  The major source of MTBE in groundwater appears to be leaking 
underground storage tanks. In surface water, it is recreational 
gasoline-powered boating and personal watercraft, according to the 
California Environmental Protection Agency.
  The second bill requires the U.S. Environmental Protection Agency to 
make petroleum releases into drinking water the highest priority in the 
federal underground storage tank cleanup program. This bill is needed 
because underground storage tanks are the major source of MTBE into 
drinking water and federal law does not give EPA specific guidance on 
cleanup priorities.
  The third bill will move from 2006 to 2001 full implementation of 
EPA's current watercraft engine exhaust emissions requirements. The 
California Air Resources Board on December 10, 1998, adopted watercraft 
engine regulations in effect making the federal EPA rules effective in 
2001, so this bill will make the deadline in the federal requirements 
consistent with California's deadlines. In addition, the bill will 
require an emissions label on these engines consistent with 
California's requirements so the consumer can make an informed 
purchasing choice. This bill is needed because watercraft engines have 
remained essentially unchanged since the 1930s and up to 30 percent of 
the gas that goes into the motor goes into water unburned.

  These three bills represent three steps toward getting MRBE out of 
California's drinking water.


                Bill 1: The California Clean Gas Formula

  The Feinstein-Bilbray bill would provide that if a state's 
reformulated gasoline rules achieve equal or greater emissions 
reductions than federal regulations, a state's rules will take 
precedence. The bill would apply only to states which have received 
waivers under Section 209(b)(1) of the Clean Air Act. California is the 
only state currently eligible for this waiver, a waiver allowing 
California to set its own fuel standards. The other 49 states do not 
set their own fuel specifications.
  This bill would exempt California from overlapping federal oxygenate 
requirements and give gasoline manufacturers the flexibility to reduce 
or even eliminate the use of MTBE, while not reducing our air quality.
  In 1994, the CARB adopted a ``predictive model,'' which is a 
performance based program that allows refiners to use innovative fuel 
formulations to meet clean air requirements. The predictive model 
provides twice the clean air benefits required by the federal 
government. With this model, refiners can make cleaner burning gasoline 
with one percent oxygen or even no oxygen at all. The federal two 
percent oxygenate requirement limits this kind of innovation. In fact, 
Tosco and Shell are already making MTBE-free gasoline.
  In addition, Chevron has said:

       MTBE is the best oxygenate of choice for blending CBG 
     (clean burning gasoline) in California refineries. . . . 
     However, consistent with our desire to reduce or eliminate 
     MTBE from cleaner burning gas (CBG), we want the flexibility 
     to be able to make prudent use of any oxygenate--MTBE, 
     ethanol, or the use of no oxygenate--while meeting the 
     emissions performance standards of reformulated gasolines. If 
     the government allows this flexibility, Chevron would likely 
     use more ethanol than now to efficiently provide cleaning 
     burning gasoline.

  The legislation allows that companies who serve California's gasoline 
needs to continue to adopt innovative formulas for cleaner burning 
gasoline without contaminating the water.
  The University of California study, released in November, recommended 
phasing our MTBE and concluded that oil companies can make cleaner-
burning gasoline that meets federal air standards without MTBE.


               the problem: drinking water contamination

  Contamination of California's drinking water by MTBE is growing 
almost daily. A December 14, 1998 San Francisco Chronicle headline 
calls MTBE a ``Ticking Bomb.'' The University of California study says, 
``If MTBE continues to be used at current levels and more sources 
become contaminated, the potential for regional degradation of water 
resources, especially groundwater basins, will increase. Severity of 
water shortages during drought years will be exacerbated.''
  In higher concentrations, MTBE smells like turpentine and it tastes 
like paint thinner. Relatively low levels of MTBE can simply make 
drinking water simply undrinkable.
  MTBE is a highly soluble organic compound which moves quickly through 
soil and gravel. It therefore poses a more rapid threat to water 
supplies than other constituents of gasoline when leaks occur. MTBE is 
easily traced, but is very difficult and expensive to cleanup. The 
Association of California Water Agencies estimates that it would cost 
as much as $1 million per well to install treatment technology to 
remove MTBE from drinking water. Without these funds, the only option 
is to shut down wells.
  MTBE use has escalated from 12,000 barrels a day in 1980 to about 
100,000 barrels today, according to CARB. EPA says that about 30 
percent of the nation's gasoline is reformulated gas and MTBE is used 
in about 84 percent of reformulated gasoline. Two-thirds of 
California's gasoline is subject to the federal oxygenate requirement. 
This growth in use of MTBE is directly attributable to the requirements 
of the Federal Clean Air Act.


                        contamination widespread

  A June 12, 1998 Lawrence Livermore National Laboratory study 
concluded that MTBE is a ``frequent and widespread contaminant'' in 
groundwater throughout California and does not degrade significantly 
once it is there. This study found that groundwater has been 
contaminated at over 10,000 shallow monitoring sites. The Livermore

[[Page S798]]

study says that ``MTBE has the potential to impact regional groundwater 
resources and may present a cumulative contamination hazard.''
  Californians are more dependent on groundwater as a source of 
drinking water than most Americans. According to the U.S. Geological 
Survey, 69 percent of California's population relies on groundwater as 
their source of drinking water, while for the U.S. population at large, 
53 percent of the population relies on groundwater.
  Similarly, the Association of California Water Agencies reports that 
MTBE has impacted over 10,000 sites.
  MTBE has been detected in drinking water supplies in a number of 
cities, including Santa Monica, Riverside, Anaheim, Los Angeles, San 
Francisco, Sebastopol, Manteca, and San Diego. MTBE has also been 
detected in numerous California reservoirs, including Lake Shasta in 
Redding, San Pablo and Cherry reservoirs in the Bay Area, and Coyote 
and Anderson reservoirs in Santa Clara.
  Santa Monica lost 75 percent of its groundwater supply; the South 
Lake Tahoe Public Utility District has lost over one-third of drinking 
water wells. Drinking water wells in Santa Clara Valley (Great Oaks 
Water Company) and Sacramento (Fruitridge Vista Water Company) have 
been shut down because of MTBE contamination.
  In addition, MTBE has been detected in the following surface water 
reservoirs: Lake Perris (Metropolitan Water District of Southern 
California), Anderson Reservoir (Santa Clara Valley Water District), 
Canyon Lake (Elsinore Valley Municipal Water District), Pardee 
Reservoir and San Pablo Reservoir (East Bay Municipal Utility 
District), Lake Berryessa (Solano County Water Agency).
  The largest contamination occurred in the city of Santa Monica, which 
lost 75% of its groundwater supply as a result of MTBE leaking out of 
shallow gas tanks beneath the surface; MTBE has been discovered in 
publicly owned wells approximately 100 feet from City Council Chamber 
in South Lake Tahoe; In Glennvile, California, near Bakersfield, MTBE 
levels have been detected in groundwater as high as 190,000 parts per 
billion--dramatically exceeding the California Department of Health 
advisory of 35 parts per billion; and


                            dangers of mtbe

  The United States EPA has indicated that ``MTBE is an animal 
carcinogen and has a human carcinogenic hazard potential.''
  Studies to assess hazards to animals have found that MTBE is 
carcinogenic in rodents in high doses. MTBE has been linked to leukemia 
and lymphomas in female rats and an increase in benign testicular 
tumors in male rats. Studies of inhalation exposure in rats have also 
shown increased incidence of kidney, testicular, and liver tumors. 
Inhalation exposure has also resulted in adverse effect on developing 
mouse fetuses.
  The Alaska Department of Health and Social Services and the Centers 
for Disease Control monitored concentrations of MTBE in the air and in 
the blood of humans in 1992 and 1993. Blood levels of MTBE were 
analyzed in gasoline station and car-repair workers and commuters. 
People with higher blood levels of MTBE were significantly more likely 
to report more headaches, eye irritation, nausea, dizziness, burning of 
the nose and throat, coughing, disorientation and vomiting, compared 
with those who had lower blood levels. From these studies, EPA 
concluded, ``MTBE can pose a hazard of non-cancer effects to humans at 
high doses. The data do not support confident quantitative estimations 
or risk at low exposure.''


     california's regulations can achieve what federal law intends

  The federal gasoline oxygenate requirement went into effect in 
December 1994, affecting areas where the air quality is the worst. 
Today, reformulated gasoline is required by federal law in the 
following areas of California:
  Year-round: Oxygenates are required to be used in the South Coast Air 
Basin (the counties of Los Angeles, Riverside, San Bernadino, Orange, 
Ventura) and the Sacramento metropolitan area (which includes all of 
Sacramento County and portions of Yolo, Placer and Eldorado County).
  Wintertime: Oxygenates are required to be added to gasoline in the 
Southern California Air Basin (the entire counties of Los Angeles, 
Riverside, San Bernardino, Orange, and Ventura), Imperial County, 
Fresno and Lake Tahoe.
  While federal Clean Air Act regulations were being promulgated, the 
California Air Resources Board developed more stringent air standards, 
using a ``predictive model.''
  The Clean Air Act has no doubt helped reduce emissions throughout the 
United States, but the federal requirements have imposed limitations on 
the level of flexibility that U.S. EPA can grant to California. The 
overlapping applicability of both the federal and state reformulated 
gasoline rules has actually prohibited gasoline manufacturers from 
responding as effectively as possible to unforseen problems with their 
product. This bill addresses exactly this type of situation.
  This legislation rewards California for its unique and effective 
approach in solving its own air quality problems by permitting it an 
exemption from federal oxygenate requirements as long as tough 
environmental standards are enforced. This bill does not weaken the 
Clean Air Act, but instead is a step in the right direction, towards 
sound environmental policy. It is a narrowly-targeted bill designed to 
make our drinking water clean to drink. With this bill, California is 
once again taking the initiative to lead the way in ensuring the 
protection of the air we breath, and the water we drink.
  By allowing the companies that supply our state's gasoline to use 
good science and sound environmental policy, we can achieve the goals 
set forth by the Clean Air Act, without sacrificing California's clean 
water.


                  california, a leader in air cleanup

  California's efforts to improve air quality predate similar federal 
efforts and have achieved marked success in reducing emissions, 
resulting in the cleanest air Californians have seen in decades.
  Since the introduction of California Cleaner Burning Gasoline 
program, there has been a 300 ton per day decrease in ozone forming 
ingredients found in the air. This is the emission reduction equivalent 
of taking 3.5 million automobiles off the road. California reformulated 
gasoline reduces smog forming emissions from vehicles by 15 percent.
  The state has also seen a marked decrease in first stage smog alerts, 
during which residents with respiratory ailments are encouraged to stay 
indoors.
  John Dunlap, former Chairman of California's Air Board, who supports 
this legislation, has said:

       . . . our program has proven (to have) a significant effect 
     on California's air quality. Following the introduction of 
     California's gasoline program in the spring of 1996, 
     monitored levels of ozone . . . were reduced by 10 percent in 
     Northern California, and by 18 percent in the Los Angeles 
     area. Benzene levels (have decreased) by more than 50 
     percent.


                      this bill should be enacted

  There are several reasons to enact this bill:
  1. Studies confirm need to eliminate MTBE.
  The June 11, 1998 Lawrence Livermore study found MTBE at 10,000 sites 
and said it is ``a frequent and widespread contaminant in shallow 
groundwater throughout California.''
  A five-volume University of California November 12, 1998 study 
concluded that MTBE provides ``no significant air quality benefit'' and 
that if its use is continued, ``the potential for regional degradation 
of water resources, especially groundwater, will increase.'' The 
landmark UC study recommended that MTBE use be phased out and that 
refiners be given the flexibility of the state's clean gas regulations.
  2. MTBE is not needed. California can meet federal clean air 
standards by using our own state clean gas regulations.
  The California Air Resources Board has testified that we can have 
equivalent or greater reductions in emissions and improve air quality 
using California's regulations. These standards are more stringent than 
the federal requirements, but offer gasoline refiners more flexibility.
  3. MTBE in drinking water poses health risks.
  MTBE is an animal carcinogen and a potential human carcinogen. It 
tastes bad. It smells bad. It may have other harmful human health 
effects.
  4. The dangers of MTBE were not considered when Congress last amended 
the Clear Air Act in 1990.

[[Page S799]]

  According to the Congressional Research Service, during Congress's 
consideration of the Clean Air Act Amendments, which became law in 
1990, there was no discussion of the possible adverse impacts of MTBE 
as a gasoline additive. Likewise, CARB has said that when they were 
considering our state's reformulated gasoline regulations, ``the 
concern over the use of oxygenates was not raised as an issue.''
  5. California needs water.
  California cannot afford to lose any more of its drinking water. 
According to the Association of California Water Agencies, by the year 
2020, California will be 4 million to 6 million acre-feet short of 
water each year without additional facilities and water management 
strategies.
  5. Congress has long recognized that California is a unique case.
  California's efforts to improve air quality predate similar federal 
efforts. We have our own clean gas program and U.S. EPA has given the 
state a waiver under section 209(b)(1) of the Clean Air Act to develop 
our own program.


                           widespread support

  I am appending at the end of my statement a list of California local 
governments, water districts, air districts, statewide and other 
organizations that support my MTBE bill.


                bill 2: stopping underground tank leaks

  My second bill will make threats to drinking water the highest 
priority in the federal underground tank cleanup program at EPA.
  In 1986, Congress created a Leaking Underground Storage Tank (LUST) 
Trust Fund, funded by a one-tenth of one cent tax on all petroleum 
products. These funds are available to enforce cleanup requirements; to 
conduct cleanups where there is no financially viable responsible party 
or where a responsible party fails to correct; to take corrective 
action in emergencies; and to bring actions against parties who fail to 
comply. There is approximately $1.5 billion currently in the fund.
  Under current law, section 9003(h)(3) of the Solid Waste Disposal 
Act, EPA is required to give priority in corrective actions to 
petroleum releases from tanks which pose ``the greatest threat to human 
health and the environment,'' a provision that I support. My bill would 
add simple clarifying language that in essence says that threats to 
drinking water are the most serious threats and should receive priority 
attention.
  Leaking underground gasoline storage tank systems are the major 
source of MTBE into drinking water. The June 11, 1998 Lawrence 
Livermore Laboratory study that examined 236 tanks in 24 California 
counties found MTBE at 78 percent of these sites. These scientists said 
that a minimum estimate of the number of MTBE-impacted tank sites in my 
state is over 10,000. Federal law requires tanks to have protections 
against spills, overfills, and tank corrosion by December 22, 1998. 
Tank owners have had ten years to do this. EPA has estimated that half 
the nation's 600,000 tanks and 52 percent of California's 61,000 
complied by the December 22 deadline.

  Clearly, stopping these leaks is a big part of the solution of 
stopping the release of MTBE. Making threats to drinking water a top 
cleanup priority makes sense since clean drinking water is fundamental 
to human health.


                       bill 3: motorcraft engines

  My third bill addresses a third source of MTBE into drinking water--
watercraft engines. The Association of California Water Agencies says 
that MTBE in surface water reservoirs comes largely from recreational 
watercraft.
  In October 1996, U.S. EPA published regulations, starting in model 
year 1998, requiring stricter emissions controls on personal watercraft 
engines to be fully implemented by 2006. On December 10, 1998, the 
California Air Resources Board adopted regulations very similar to 
EPA's in substance, but accelerating their effective date to 2001, five 
years earlier. In addition, California added two more ``tiers'' of 
emissions reductions that go beyond U.S. EPA's, reducing emissions by 
20 percent more in 2004 and 65 percent more in 2008. Under the federal 
requirements, there would be a complete fleet turnover by 2050; in 
California, there would be a complete fleet turnover in 2024, 26 years 
earlier.
  The federal and the California rules apply to (1) spark-ignition 
outboard marine and (2) personal watercraft engines, such as 
motorboats, jet skis and wave runners, beginning in model year 2001.
  Outboard engines: In 1990, there were 373,200 gasoline-powered 
outboard engines in California. California sales of outboard engines 
represented ten percent of the U.S. market in 1997.
  Personal watercraft: California sales of these engines were 12 
percent of the 176,000 sales in the U.S. in 1995, numbers which have no 
doubt grown significantly. Personal watercraft like jet skis have 
increased by 240 percent since 1990 and these numbers are expected to 
double by 2020.
  We need to curb emissions from these marine engines because (1) 
unlike automobiles which exhaust into the air, all marine engines 
exhaust directly into the water, and (2) 20 to 30 percent of the gas 
that goes in, comes out unburned. According to CARB, these engines 
``discharge an unburned fuel/oil mixture at levels approaching 20 to 30 
percent of the fuel/oil mixture consumed. This unregulated discharge of 
fuel and oil threatens degradation of high quality waters . . .'' CARB 
says that two hours of exhaust emissions from a jet ski is equivalent 
to the emission created by driving a 1998 automobile 130,000 miles. 
Some areas are considering banning jet skis and gas-powered boats.
  My bill does two things: (1) It would make the EPA's existing 
regulations effective in 2001, instead of 2006, consistent with 
California's regulations. (2) It would direct EPA to make one addition 
to their current regulation, an engine labeling requirement, consistent 
with California's labeling requirement, designed to inform consumers of 
the relative emissions level of new engines.
  Because these engines put MTBE and other constituents of gasoline 
into surface waters, I believe we need to accelerate the national rules 
to discourage people from ``engine shopping'' from state to state and 
bringing ``dirty'' engines into California. Because my state's 
relatively mild weather encourages boating, our air board concluded 
that we need more stringent standards than the national standards. Up 
to 30 percent of gasoline in these engines comes out unburned. In other 
words, of 10 gallons per hour used, about two and one half gallons of 
fuel goes into the water unburned in one hour. This has to stop.
  The November 1998 University of California study recognizes the 
emissions of MTBE into surface waters from watercraft and says that 
technologies are available that will ``significantly reduce MTBE 
loading,'' that the older carbureted two-stroke engines release much 
larger amounts of MTBE and other gasoline constituents than the fuel-
injected engines or the four-stroke engines.
  Millions of Californians should not have to drink water contaminated 
with MTBE. I believe we must take strong steps to end this 
contamination.

                          ____________________