Statement of U.S. Senator Dianne Feinstein
Before the House Subcommittee on Health and the Environment
Hearing on MTBE and Drinking Water Contamination
May 6, 1999

“Thank you for the opportunity to share with you my concerns about the contamination of drinking water by the gasoline additive, MTBE.

My goal is narrow and simple: get MTBE out of California’s water. MTBE smells like turpentine and tastes like paint thinner. Relatively low levels can simply make drinking water undrinkable.

MTBE is a contaminant that is “frequent” and “widespread,” impacting at least 10,000 sites in California, according to a June 1998 Lawrence Livermore study. I have with me here today a map of my state showing the extent of contamination all across California. The San Francisco Examiner on December 14, 1998 called it “a ticking time bomb.”

The MTBE Problem

Why is MTBE so objectionable?

Unlike other components of gasoline, MTBE does not biodegrade. MTBE is difficult and expensive to get out of the water. It costs around $1 million to clean up one well in California and $5 million to clean up a reservoir. MTBE has a bad taste and odor. MTBE travels quickly through soil and gravel. Lake Tahoe officials have told me that “out-of-control” MTBE plumes move one to nine feet per day, where it is now 1,000 feet from the lake.

Where does it come from? MTBE comes from gasoline -- from leaking underground storage tanks, from pipelines, from motorboat engine discharges and exhausts, from spills and leaks at gasoline stations, from automobile accidents, from stormwater runoff and sometimes from sources unknown.

A June 13, 1997 Oakland Tribune article reported that MTBE levels in the air around the San Francisco Bay area “have risen dramatically,” quoting Bay Area Air Quality Management officials who said that MTBE detections in the air grew after MTBE was introduced in gasoline in the area. More recently (March 9, 1999), the Reno (NV) Gazette-Journal reported, “Traces of methyl tertiary butyl ether were discovered last week in air samples taken by the South Tahoe Public Utility District.”

A South Lake Tahoe official on February 5 told the Sacramento Bee that MTBE traveled through the sewer system, through the treatment system, through the export pipeline, across a stream and now into a reservoir 30 miles away.

It is time to end it.

Governor Davis Has Acted

California Governor Gray Davis on March 26 issued executive order D-5-99 taking 11 steps to stop MTBE contamination, which Secretary Winston Hickox will describe for you later this morning. Governor Davis’s actions included the following:

(1) a phaseout of MTBE use in gasoline by December 31, 2002;

(2) a request to U. S. EPA for a waiver for California’s cleaner-burning gasoline from the federal requirement of oxygen in reformulated gasoline;

(3) support for legislation to allow U. S. EPA to waive the federal oxygenate requirement;

(4) labeling of gasoline pumps, indicating that gasoline contains MTBE;

(5) new guidelines for cleaning up MTBE contaminated areas

(6) an evaluation, by December 31, 1999, of ethanol transport in air and water; and

(7) a report on the potential for development of a California waste-based or other biomass ethanol industry.

Studies Raise Serious Questions

Several authoritative studies have raised questions about MTBE in drinking water.

University of California

A distinguished group of University of California scientists in November 1998 in a five-volume study recommended that MTBE be phased out over several years and that refiners be given flexibility in gasoline formulations to achieve air quality.

Importantly, UC found that “there is no significant additional air quality benefit to the use of oxygenates such as MTBE in reformulated gasoline, relative to” California’s reformulated gasoline formula. UC also found that “there are significant risks and costs associated with water contamination due to the use of MTBE.”

Lawrence Livermore National Laboratory

A June 1, 1998, Lawrence Livermore National Laboratory study reached five important conclusions:

1. “MTBE is a frequent and widespread contaminant in shallow groundwater throughout California. There are presently 32,409 leaking underground fuel tank sites recognized in the state, 13,278 at which hydrocarbons are known to have impacted groundwater. A minimum estimate of the number of MTBE-impacted sites in California is greater than 10,000.”

2. “MTBE plumes are more mobile than BTEX (benzene, toluene, ethylbenzene, and xylenes) plumes.” Thus, it moves quickly to infiltrate groundwater.

3. “The primary attenuation mechanism for MTBE is dispersion.”

4. “MTBE has the potential to impact regional groundwater resources and may present a cumulative contamination hazard.”

Association of California Water Agencies

The Association of California Water Agencies has detected MTBE in shallow groundwater at over 10,000 sites in California. Some deeper drinking water wells have also been affected.

ACWA’s December 1998 study also documented MTBE contamination in many of the state’s surface water reservoirs, concluding that motorized recreation is the biggest contributor of MTBE contamination and confirming other studies findings that MTBE tends to stay in the uppermost portion of the reservoir.

A sampling dated April 22, 1999 detected MTBE in 44 groundwater sources and 28 surface water sources in California.

MTBE Is Not Necessary

California can meet federal clean air standards by using our state gasoline regulations, which Mr. Hickox can thoroughly discuss with you. California’s reformulated gasoline rules provide about twice the air quality benefits of federal reformulated gasoline. California has the cleanest gasoline in the world.

Clean gasoline without MTBE can be and is being manufactured by several refiners, including Chevron Products Company, who wrote me on September 11, 1998, “We believe it is possible to replace gasoline, which currently contains MTBE with a combination of ethanol-blended gasoline and non-oxygenated gasolines, while maintaining the clean air benefits that the California Cleaner Burning Gasoline program has provided.”

A Possible Health Hazard

U. S. EPA has indicated that “MTBE is an animal carcinogen and has a human carcinogenic hazard potential.” The University of California study clearly concluded that we need more research to fully understand the human health impacts of MTBE, when the UC study called for a phase-out.

Dr. John Froines, a University of California scientist, testified at a state hearing on February 23, 1999, as follows on their work:

We in our report have concluded that cancer evidence in animals is relevant to humans. There are acute effects in occupationally-exposed workers, including headaches, dizziness, nausea, eye and respiratory irritation, vomiting, sensation of spaciness or disorientation and burning of the nose and throat.

MTBE exposure was associated with excess cancers in rats and mice, therefore, multi-species. He cited “multiple, endpoints, lymphoma, leukemia, testicular cancer, liver and kidney.”

All four of the tumor sites observed in animals may be predictive of human cancer risk.

The related question is whether there is evidence which demonstrates the animal cancers are not relevant to humans. The answer developed in detail in our report is no. There is no convincing evidence that the data is specific to animals. That is our conclusion. Nobody has come forward to tell us a basis to change that point of view.

Many authorities believe that the human health effects of MTBE were not adequately known or considered when Congress last amended the Clear Air Act in 1990.

MTBE Is Spreading to Other States

While there is no comprehensive survey available, we do have some data to show that MTBE is contaminating the water in other states. A 1998 U. S. EPA-funded survey by the University of Massachusetts found MTBE in 251 of 422 public wells in 19 states. A recent study of by the U. S. Geological Survey, reported April 29 to the EPA “blue ribbon” MTBE panel, found in a 12-state survey of New England-Mid-Atlantic states, that using MTBE in gasoline results in a four- to six-fold increase in detection frequency. Another USGS study found MTBE detected in 21 percent of 480 wells in community water systems in a sampling of wells nationwide.

MTBE has been detected in water in states such as Maine, Pennsylvania, Virginia, Texas, Kansas, New York, New Jersey, Georgia, Alabama, Colorado, New Hampshire, Massachusetts, Delaware and Arizona.

Legislative Action Needed Promptly

We need an all-out attack on MTBE. That is why I have introduced 4 bills:

My first bill, S. 266 (the companion to H. R. 11, introduced by Rep. Brian Bilbray), 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, the provision of law that allows a state to establish its own reformulated gasoline rules. California is the only state that currently has established its own reformulated gasoline rules.

My second bill (S. 267) requires U. S. EPA to make petroleum releases into drinking water the highest priority in the federal underground storage tank cleanup and enforcement program. Leaking underground petroleum storage tanks and their pipelines are a major source of MTBE in drinking water.
My third bill, S. 268, addresses motorcraft engines and accelerates the federal emissions standards to make them effective by 2001, consistent with California’s standards. This bill, which covers spark-ignition outboard marine and personal watercraft engines, beginning in model year 2001, would speed up a complete fleet turnover by 2024.

My fourth bill, S. 645, would authorize the U. S. Environmental Protection Agency to waive the two percent federal oxygenate requirement in any state if gasoline with less than two percent or with no oxygenates meets clean air standards.

Here are four approaches. There may be others. In short, we need a legislative remedy that allows states to use gasoline rules that are performance based, achieve clean air goals and do not contaminate the drinking water. Current federal law prevents that kind of flexibility.

Conclusion

I have appended to my statement a list of the local governments, water agencies and others who support my MTBE legislation. You will see that there is broad support for ending the use of MTBE.

Let me give you a clear message. We must get MTBE out of California’s drinking water. Millions of Californians should not have to drink water contaminated with MTBE. Millions of Californians should not have to breathe MTBE in the air. I believe we can put in place a clean air policy using clean gasoline that does not contaminate our drinking water.

I am not trying to wage a war for or against a particular oxygenate. If ethanol or another oxygenate achieves clean air goals in California and is safe for human health, for our air, water and natural resources, so be it.

California’s rules have shown we can make the cleanest gasoline in the world. I believe we can leave the formula for gasoline formulations to the experts and use an approach like California’s predictive model which is performance based and does not rely on a prescriptive federal recipe for gasoline. We can have both clean air and clean water.

I am not trying to “open up the Clean Air Act” or dismantle the Clean Air Act’s protections. I am not trying to undo the reformulated gasoline program. The reformulated gasoline program has no doubt reduced unhealthy vehicle emissions.

I am trying to get MTBE out of the drinking water. It is not needed for making clean-burning gasoline or for cleaning up the air.

We should not contaminate our water to clean up our air. As CARB and other authorities have documented, we are poisoning our water by an indefensible policy that was intended to clean up our air. California has a better way. We should not continue to use MTBE when we have a sound alternative that keeps both our air and our water clean.

Support for Eliminating MTBE
As of May 6, 1999

LOCAL GOVERNMENTS AND AIR AND WATER DISTRICTS

• Alameda County Flood Control and Water Conservation District, Resolution No. 97-1850 (March 19, 1997)
• Alameda County Water District, Paul Piraino (October 2, 1998)
• Bella Vista Water District, Robert W. Dietz (September 30, 1998)
• Branham Homeowners’ Association, Diane Delbridge (September 23, 1998)
• Casitas Municipal Water District, John J. Johnson/James W. Coultas (October 2, 1998; December 1, 1998)
• City of Azusa, Robert W. Bowcock (October 5, 1998)
• City of Campbell City Council, Resolution No. 9422 (September 1, 1998)
• City of Colfax City Council, Arturo de la Cerda, Resolution 35-98 (November 25, 1998)
• City of Costa Mesa City Council, Resolution No. 98-82 (September 21,1998)
• City of Gilroy City Council, Resolution No. 98-41 (August 3, 1998)
• City of Los Altos City Council, Resolution No. 98-24 (August 18, 1998)
• City of Milpitas, Henry Manayan (September 3, 1998)
• City of Monte Sereno City Council, Resolution No. 1868 (July 21, 1998)
• City of Morgan Hill City Council, Resolution No. 5213 (August 5, 1998)
• City of Santa Clara, Judy Nadler (June 30, 1998)
• City of Santa Monica, Pam O’Connor (February 11, 1997; March 20, 1997)
• City of Sebastopol, Kathy Austin (October 8, 1998; November 17, 1998)
• City of South Lake Tahoe, Hal Cole (September 14, 1998; October 13, 1998)
• Clear Creek Community Services District, Richard K. McDonald (October 2, 1998)
• Coachella Valley Water District, Tom Levy (October 5, 1998)
• Contra Costa Water District, Joseph L. Campbell (October 6, 1998)
• County of Amador, Resolution No. 98-089 (March 10, 1998)
• County of Contra Costa, Resolution No. 98/484 (September 22, 1998)
• County of El Dorado, John Upton (September 29, 1998)
• County of Lake, Louise Talley (January 9, 1998)
• County of Los Angeles, Joanne Sturges (August 19, 1998; December 16, 1998)
• County of Placer Board of Supervisors, Resolution No. 98-283 (December 1, 1998)
• County of San Diego, Roger F. Honberger/Thomas P. Walters (May 4, 1998, January 26, 1999)
• County of Santa Clara Board of Supervisors, Donald F. Gage (July 20, 1998)
• County of Sonoma Mayors’ and Councilmembers’ Association, Resolution (November 12, 1998)
• East Bay Municipal Utility District, Dennis M. Diemer, Resolution No. 33135-99 (April 15, 1998, February 10, 1999)
• El Dorado County Water Agency, Merv de Haas (October 9, 1998)
• Los Altos Hills City Council, Patricia Dowd (August 24, 1998)
• Los Gatos Town Council, Resolution No. 1998-139 (September 8, 1998)
• Los Gatos Village Association, Victor Acevedo (August 30, 1998)
• Marin Municipal Water District, Pamela J. Nicolai (October 1, 1998)
• Mesa Consolidated Water District Board of Directors, Resolution No. 1207 (August 27, 1998)
• Metropolitan Water District of Southern California, John R. Wodraska (October 5, 1998)
• Orange County Transportation Authority, Sarah L. Catz (July 27, 1998)
• Orange County Water District, William R. Mills, Jr./Ron Wildermuth (September 1, 1998; September 24, 1998)
• Placer County Agricultural Commission, Richard A. Johnson (November 12, 1998)
• Placer County Water Agency, David A. Breninger (September 30, 1998; November 12, 1998)
• San Diego Air Pollution Control District, R. J. Sommerville (April 17, 1998)
• San Diego County Board of Supervisors, Greg Cox (September 14, 1998; October 13, 1998)
• San Gabriel Valley Water Association, David D. De Jesus (September 30, 1998)
• San Joaquin Valley Unified Air Pollution Control District, David L. Crow (April1, 1998)
• San Miguel Neighbors Association, Tim Giltz (October 6, 1998)
• Santa Clara Valley Water District, Robert W. Gross (February 17, 1998; July 10,1998; September 1, 1998; September 15, 1998)
• Solano County Water Agency, David B. Okita (October 2, 1998)
• South Lake Tahoe Chamber of Commerce, Duane Wallace (August 25, 1998)
• South Tahoe Public Utility District, James R. Jones/Robert G. Baer (March 19, 1998; July 16, 1998; August 24, 1998; September 4, 1998; September 14, 1998; October 2, 1998; February 1, 1999)
• Town of Windsor, Lynn Morehouse (December 3, 1998)
• Tuolumne Utilities District, Judy Delbon (October 5, 1998)
• United Water Conservation District, Sheldon Berger (October 5, 1998)
• Ventura County Air Pollution Control Board, Susan K. Lacey (May 12, 1998)
• Walnut Valley Water District, Richard C. Engdahl (October 8, 1998)
• Water Advisory Committee of Orange County, Robert Hanson (October 2, 1998)

STATE OFFICIALS

• Governor Pete Wilson, California (August 7, 1998)
• California Environmental Protection Agency, John D. Dunlap (February 28, 1997)
• California Energy Commission, David A. Rohy (September 15, 1997)
• The Honorable K. Maurice Johannssen, California State Senate (October 2, 1998)
• The Honorable Lynne C. Leach, California State Assembly (September 22, 1998)
• The Honorable Richard L. Mountjoy, California State Senate (September 14, 1998)
• The Honorable Richard K. Rainey, California State Senate (October 1, 1998)

STATEWIDE ORGANIZATIONS AND OTHER

• Association of California Water Agencies, Stephen K. Hall (September 14, 1998)
• Association of Ground Water Agencies, William R. Mills, Jr. (October 2, 1998)
• California Chamber of Commerce (May 4, 1999)
• California Independent Oil Marketers Association, Evelyn Parker Gibson (October 23, 1997; March 6, 1998)
• California Manufacturers Association (February 19, 1999)
• California Independent Petroleum Association, David Gilbert (January 23, 1998; February 11, 1998)
• Chevron Corporation, Philip T. Cavanaugh (March 6, 1998)
• Chevron Products Company, David J. O’Reilly (September 11, 1998, February 9, 1999)
• Exxon Corporation, James J. Rouse (March 6, 1998)
• Gasoline Marketers of America, R. Timothy Columbus (March 6, 1998)

• Mobil Corporation, Sandra G. Swirski (March 6, 1998)
• National Marine Manufacturers Association, Testimony (September 16, 1998)
• Parsons Engineering Science, Inc., Richard W. Bentwood (October 2, 1998)
• Shell Oil Company, Steve Ward (March 6, 1998)
• Texaco, Inc., James C. Pruitt (March 6, 1998)
• Tosco Corporation, Duane B. Bordvick/Ann Farner Miller (October 11, 1997; March 6, 1998)
• Western States Petroleum Association, Doug Henderson (March 6, 1998)