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TO: BOARD OF SUPERVISORS Costa
FROM: BOS WATER COMMITTEE , ,. _ ;` '`s County
SUPERVISOR GAYLE B. UILKEMA, CHAIR
SUPERVISOR JOE CANCIAMILLA
ST'S COUIi'�
DATE: SEPTEMBER 23, 1997
SUBJECT: REPORT FROM WATER COMMITTEE ON MTBE LEGISLATION
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND & JUSTIFICATION
RECOMMENDATION:
Authorize Chair to sign a letter to Governor Wilson supporting SB 521, the MTBE (methyl
tertiary butyl ether) Public Health and Environmental Protection Act, sponsored by
Mountjoy.
FISCAL IMPACT:
None.
BACKGROUND/REASONS FOR RECOMMENDATION:
On September 15, 1997 the Board's Water Committee met and discussed 3 bills which
were addressed by the legislature dealing with study of the problems of MTBE in clean
fuels. All three of these bills were passed by their respective Houses on September 12,
1997 and are before the Governor for signature or other action.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
Su ervi r Gayle B. Uil ema,Chair
ACTION OF BOARD ON9/23/1997 APPROVED AS RECOMMENDED x OTHER x
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and Community
Development staff is `DIRECTED to transmit a copy of th-e= le:.t:-r to
each Supervisor ' s office .
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
x UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
AYES: NOES: BOARD OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED September 23, 1997
Contact: Roberta Goulart(335-1226) PHIL BATCHELOR
c.c.: Community Development Department(CDD) CLERK OF THE BOARD OF SUPERVISORS
County Administrator &COUNTY DMINISTRATOR
County Health Services Department
BY: A JA.P ,DEPUTY
RG:rw
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Board Order
Report from Water Committee on MTBE Legislation
September 23, 1997
-Page 2-
BACKGROUND/REASONS FOR RECOMMENDATION (Cont'd):
The Water Committee recommends support of SB 521 - Mountjoy, which if enacted would
be known as the MTBE Public Health and Environmental Protection Act of 1997. The bill
calls for a University of California study of human health and environmental impacts of the
use of MTBE as well as other oxygenates (ETBE, TAME and ethanol). UC must submit
a report to the Governor by January 1, 1999. After other agency review, comment and
public hearings, the Governor may take action if MTBE is deemed of significant risk to
human health or the environment. Other provisions of the bill include cleanup of MTBE
discharges to water, air and soil, as necessary.
Two other companion bills, SB 1189 Hayden, and AB 592 Kuehl, were also discussed.
Although the Water Committee did not request support positions on these bills at this time,
it was recognized that components of these bills were important, warranting consideration
and perhaps inclusion, in some manner, in the Mountjoy bill, to enable the more extensive
study, as well as involvement by additional agencies. The bills call for development of a
database using Geographic Information System (GIS), to provide spatial analysis of water
wells, underground tanks and pipelines containing petroleum products with MTBE. Two
initial (problem) areas are targeted as pilot projects to begin this program; the Santa
Monica area and the Santa Clara Valley. The bills also call for study by the State Fire
Marshall to accumulate information on pipelines for emergency response and pipeline
wellhead protection plans, State Department of Health Services and the State Water
Resources Control Board consideration of primary and secondary drinking water
standards, and for the State Science Advisory Panel to recommend whether MTBE should
be listed as a carcinogenic or reproductive toxin. $5 million dollars is slated for
reimbursement to public drinking water suppliers to deal with treatment of contaminated
water systems.
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BILL NUMBER: SB 521 ENROLLED
PASSED THE SENATE SEPTEMBER 12, 1997
PASSED THE ASSEMBLY SEPTEMBER 11, 1997
AMENDED IN ASSEMBLY SEPTEMBER 9, 1997
AMENDED IN ASSEMBLY AUGUST 29, 1997
AMENDED IN SENATE JUNE 3, 1997
AMENDED IN SENATE MAY 22, 1997
AMENDED IN SENATE APRIL 22, 1997
AMENDED IN SENATE APRIL 7, 1997
INTRODUCED BY Senators Mountjoy, Haynes, Johannessen, Knight, and
Monteith
(Coauthors: Assembly Members Frusetta, House, Margett, McClintock,
Richter, and Woods)
FEBRUARY 24, 1997
An act to to add Sections 25299.37.1 and 116366 to the Health and Safety Code, and to
add Section 13285 to the Water Code, relating to gasoline, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 521, Mountjoy. Gasoline: MTBE.
(1) Existing regulations adopted by the State Department of Health Services pursuant to
the California Safe Drinking Water Act require monitoring to collect data on the frequency
and levels of occurrence of methyl tertiary-butyl ether (MTBE) in drinking water.
This bill would enact the MTBE Public Health and Environmental Protection Act of 1997.
The bill would appropriate $500,000 from the Motor Vehicle Fuel Account in the
Transportation Tax Fund to the University of California for a specified study and
assessment of the human health and environmental risks and benefits, if any, of MTBE, to
be submitted to the Governor by January 1, 1999. The bill would require the Governor to
take prescribed actions, including certifying whether there is a risk to human health or the
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environment of using MTBE in gasoline, and taking appropriate action to protect public
health and the environment if there is such a risk.
(2) Existing law provides for the issuance of a specified closure letter relative to the
completion of an investigation and remedial action for an underground storage tank.
This bill would prohibit the issuance of such a closure letter unless the soil or groundwater,
or both, where applicable, have been tested for MTBE, as specified.
(3) The bill would require the cleanup of MTBE discharges to water, as specified, and
would provide that no public water system, or its customers, shall be responsible for
remediation or treatment costs of water contained by MTBE or a product containing MTBE,
as specified.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the MTBE Public Health and
Environmental Protection Act of 1997.
SEC. 2. The Legislature hereby finds and declares that the purpose of this act is to provide
the public and the Legislature with a thorough and objective evaluation of the human
health and environmental risks and benefits, if any, of the use of methyl tertiary-butyl ether
(MTBE), as compared to ethyl tertiary-butyl ether (ETBE), tertiary amyl methyl ether
(TAME) and ethanol, in gasoline, and to ensure that the air, water quality, and soil impacts
of the use of MTBE are fully mitigated.
SEC. 3. (a) The sum of five hundred thousand dollars ($500,000) is hereby appropriated
from the Motor Vehicle Fuel Account in the Transportation Tax Fund to the University of
California to conduct an independent study and assessment of the human health and
environmental risks and benefits, if any, associated with the use of MTBE, as compared to
ETBE, TAME, and ethanol.
(b) It is the intent of the Legislature that this study be undertaken by the University of
California to assure that the results will be objective and academically sound, and that the
report will reflect the high standards expressed in the university's Policy on Integrity in
Research.
(c) The assessment shall commence immediately upon the university' s agreement and
shall include, but not be limited to, all of the following components:
(1) An assessment of the risks and benefits to human health and the environment of MTBE
and its combustion byproducts found in air, water, and soil, and a comparison of those
risks and benefits to ETBE, TAME, and ethanol that could be used in lieu of MTBE in
gasoline.
(2) An assessment of available research and data on the impact of MTBE on human health
and the environment in each state where MTBE has been used in gasoline at levels of 10
percent or greater, by volume, within the last five years.
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(3) An assessment of the risks to human health and the environment associated with
MTBE leaking from underground and aboveground storage tanks, from surface watercraft
and other sources of MTBE pollution in surface water bodies, and from oceangoing
tankers in coastal waterways of this state.
(4) An analysis of current levels of MTBE in the state's drinking water, reservoirs, lakes,
and streams.
(5) An evaluation of the costs and effectiveness of treatment technologies available to
remove MTBE from surface waters, groundwaters, and drinking water.
(6) An assessment of the impact of MTBE on vehicle parts and the efficient operation of
vehicles.
(7) An assessment of the corrosive effects of MTBE on the structural integrity of fiberglass
storage tanks, which may be undertaken in consultation with the California Fire Chiefs
Association and other recognized experts on the matter.
(8) A comparison of the incidence of asthma before and after the level of MTBE was
increased in California gasoline, considering appropriate factors relating to a nexus
between any change in the incidence of asthma and the actual introduction of MTBE into
California gasoline.
(9) Identification and quantification of all of the combustion byproducts of MTBE in
California's reformulated oxygenated fuel and the type of analytical methods used and
their sensitivity.
(10) An evaluation of the scientific peer-reviewed research and literature on the human
health and environmental effects of MTBE, as well as any original research necessary to
provide the information specified in paragraphs (1) to (9), inclusive.
(11) A focused assessment of the subjects provided for in paragraphs (1), (3), (4), (5), and
(8) for the Lake Tahoe Basin.
(d) On or before January 1, 1999, the university shall submit a draft report on the
assessment conducted pursuant to this section to the Governor. Upon receiving the draft
report, the Governor shall take all of the following actions:
(1) Immediately transmit the draft report without any alteration to the United States
Geological Survey and to the Agency for Toxic Substances and Disease Registry at the
Centers for Disease Control for their comments, which shall be part of the public record.
The comment period shall be approximately six weeks.
(2) Issue a notice of intent to hold two public hearings, and hold those hearings, one in
northern California and one in southern California, on dates that are not more than 30
days from the date of receipt of the comments from the United States Geological Survey
and the Agency for Toxic Substances and Disease Registry, for the purpose of accepting
public testimony on the assessment and report.
(e) Within 10 days from the date of the completion of the public hearings held pursuant to
paragraph (2) of subdivision (d), the Governor shall issue a written certification as to the
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human health and environmental risks of using MTBE in gasoline in this state. The
certification shall be based solely upon the assessment and report submitted pursuant to
this section and any testimony presented at the public hearings. The certification shall
state either of the following conclusions:
(1) That, on balance, there is no significant risk to human health or the environment of
using MTBE in gasoline in this state.
(2) That, on balance, there is a significant risk to human health or the environment of using
MTBE in gasoline in this state.
(f) If the Governor makes the certification described under paragraph (2) of subdivision (e),
then, notwithstanding any other provision of law, the Governor shall take appropriate
action to protect public health and the environment.
SEC. 4. (a) If the sale and use of MTBE in gasoline is discontinued pursuant to subdivision
(f) of Section 3 of this act, the state shall not thereafter adopt or implement any rule or
regulation that permits or requires the use of MTBE in gasoline.
(b) If the sale and use of MTBE is to be discontinued pursuant to subdivision (f) of Section
3 of this act, the State Air Resources Board shall immediately notify the Environmental
Protection Agency that the use of MTBE in gasoline in this state will be discontinued.
SEC. 5. Section 25299.37.1 is added to the Health and Safety Code, to read:
25299.37.1. No closure letter pursuant to this chapter shall be issued unless the soil or
groundwater, or both, where applicable, at the site have been tested for MTBE and the
results of that testing are known to the regional board.
SEC. 6. Section 116366 is added to the Health and Safety Code, to read:
116366. (a) No public water system, or its customers, shall be responsible for remediation
or treatment costs associated with MTBE, or a product that contains MTBE, provided,
however, that the public water system shall be permitted as necessary to incur MTBE
remediation and treatment costs and to include those costs in its customer rates and
charges, necessary to comply with drinking water standards or directives of the State
Department of Health Services or other lawful authority. Any public water system that
incurs MTBE remediation or treatment costs may seek recovery of those costs from parties
responsible for the MTBE contamination, or from other available alternative sources of
funds.
(b) If the public water system has included the.costs of MTBE treatment and remediation in
its customer rates and charges, and subsequently recovers all or a portion of its MTBE
treatment and remediation costs from responsible parties or other available alternative
sources of funds, it shall make an adjustment to its schedule of rates and charges to reflect
the amount of funding received from responsible parties or other available alternative
sources of funds for MTBE treatment or remediation.
(c) Subdivision (a) shall not prevent the imposition of liability on any person for the
discharge of MTBE if that liability is due to the conduct or status of that person
independently of whether the person happens to be a customer of the public water system.
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SEC. 7. Section 13285 is added to the Water Code, to read:
13285. (a) Any discharge from a storage tank, pipeline, or other container of methyl
tertiary-butyl ether (MTBE), or of any pollutant that contains MTBE, that poses a threat to
drinking water, or to groundwater or surface water that may reasonably be used for
drinking water, or to coastal waters shall be cleaned up to a level consistent with
subdivision (b) of Section 25299.37 of the Health and Safety Code.
(b) (1) No public water system, or its customers, shall be responsible for remediation or
treatment costs associated with MTBE, or a product that contains MTBE, provided,
however, that the public water system shall be permitted as necessary to incur MTBE
remediation and treatment costs and to include those costs in its customer rates and
charges, necessary to comply with drinking water standards or directives of the State
Department of Health Services or other lawful authority. Any public water system that
incurs MTBE remediation or treatment costs may seek recovery of those costs from parties
responsible for the MTBE contamination, or from other available alternative sources of
funds.
(2) If the public water system has included the costs of MTBE treatment and remediation in
its customer rates and charges, and subsequently recovers all or a portion of its MTBE
treatment and remediation costs from responsible parties or other available alternative
sources of funds, it shall make an adjustment to its schedule of rates and charges to reflect
the amount of funding received from responsible parties or other available alternative
sources of funds for MTBE treatment or remediation.
(3) Paragraph (1) shall not prevent the imposition of liability on any person for the
discharge of MTBE if that liability is due to the conduct or status of that person
independently of whether the person happens to be a customer of the public water system.
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BILL NUMBER: SB 1189 ENROLLED
PASSED THE SENATE SEPTEMBER 12, 1997
PASSED THE ASSEMBLY SEPTEMBER 10, 1997
AMENDED IN ASSEMBLY SEPTEMBER 8, 1997
AMENDED IN ASSEMBLY AUGUST 29, 1997
AMENDED IN ASSEMBLY AUGUST 25, 1997
AMENDED IN SENATE JUNE 3, 1997
AMENDED IN SENATE MAY 20, 1997
AMENDED IN SENATE MAY 7, 1997
AMENDED IN SENATE APRIL 16, 1997
INTRODUCED BY Senator Hayden
FEBRUARY 28, 1997
An act to add Article 12 (commencing with Section 25299.97) and Article 13 (commencing
with Section 25299.99) to Chapter 6.75 of Division 20 of, and to add Article 7.5
(commencing with Section 116610) to Chapter 4 of Part 12 of Division 104 of, the Health
and Safety Code, and to add Section 13272.1 to the Water Code, relating to drinking
water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1189, Hayden. Drinking water: groundwater wells: MTBE contamination.
Under existing law, the Elder California Pipeline Safety Act of 1981, the operator of a
pipeline used to transport or containing hazardous liquid substances or highly volatile
substances, is required, except as specified, to immediately report every rupture,
explosion, or fire involving the pipeline to the fire department having fire suppression
responsibilities and to the Office of Emergency Services and, within 30 days of the rupture,
explosion, or fire, to file a report with the State Fire Marshal.
Under existing law, the State Water Resources Control Board has responsibility for the
protection of water quality and responsibilities pertaining to underground storage tanks
containing petroleum. Existing law requires the board to develop, implement, and maintain
a system that is accessible to government agencies and the public for storing and
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retrieving data from cases involving discharges of petroleum from underground storage
tanks.
This bill would require the board to upgrade the data base established under those
provisions. The bill would require the board to establish for this and other designated
purposes, a GIS Mapping and Data Management Advisory Committee. The bill would
require the board, with the advise of the committee, to establish 2 pilot projects, the Santa
Monica Groundwater Pilot Project and Santa Clara Valley Groundwater Pilot Project, and
to report to the Legislature and the Governor on or before July 1, 1999, on the feasibility
and appropriateness of establishing a statewide GIS mapping system. The bill would
define a GIS mapping system as a geographic information system that collects, stores,
retrieves, analyzes, and displays environmental geographic data in a data base that is
accessible to the public. The bill would require the upgrade of the data bases to include
the establishment of a statewide GIS mapping system, only upon appropriation by the
Legislature.
Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989,
requires every owner of a petroleum underground storage tank who is required to obtain a
permit to own or operate a tank to pay a specified storage fee, for deposit in the
Underground Storage Tank Cleanup Fund.
The bill would authorize the board to expend up to $400,000 from the fund to fund the GIS
mapping system projects proposed by the bill.
This bill would also authorize the State Water Board to annually expend up to $5,000,000
from the fund to pay public water systems if there is a situation that requires prompt action
to protect human health or the environment related to drinking water supply sources that
have been contaminated by an oxygenate where a public water system requests funds and
demonstrates that the water well has been contaminated by an oxygenate and that there is
substantial evidence that the release occurred from an underground storage tank. The bill
would require the board to report annually to the Governor and the Legislature on any
money provided to a public water system, and would limit total payment for water treatment
and for providing alternative water supplies under these provisions to an amount not to
exceed $1,000,000 per affected drinking water supply source. The bill would require the
board to be reimbursed by the public water system to the extent that the public water
system receives payment from any source, and with certain exceptions, would require the
public water system to pursue cost recovery from responsible parties.
Existing law requires the State Department of Health Services to administer provisions
relating to the regulation of drinking water and public water systems, as defined, so as to
protect public health, including, but not limited to, the conduct of research, studies, and
demonstration programs relating to the provision of a dependable, safe supply of drinking
water, and the adoption of primary drinking water standards for contaminants in drinking
water.
This bill would enact the Local Drinking Water Protection Act to require the State
Department of Health Services to require the department on January 1, 1998, to
commence the process of adopting a primary drinking water standard for methyl
tertiary-butyl ether (MTBE) pursuant to prescribed provisions of existing law and a
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secondary quality drinking water standard, on or before July 1, 1998.
The bill would require that the department establish a primary drinking water standard for
MTBE on or before July 1, 1999, and would authorize the department to, at its discretion,
set primary drinking water standards for other oxygenates.
This bill would require that on or before January 1, 1999, the California Drinking Water
and Toxic Enforcement Act Scientific Advisory Panel make recommendations to the Office
of Environmental Health Hazard Assessment as to whether MTBE should be listed as a
carcinogenic or reproductive toxin.
Existing law prescribes notification requirements, with certain exceptions, for any person
who causes or permits any oil or petroleum product to be discharged in or on any waters of
the state and makes it a misdemeanor to violate this notification provision.
This bill would require each regional board to publish and distribute on a quarterly basis to
all public water system operators within the region of the regional board a list of
discharges of MTBE that occurred during the quarter and a list of locations where MTBE
was detected in the groundwater within the region of the regional board.
This bill would provide that it would become operative only if AB 592 of the 1997-98
Regular Session of the Legislature is enacted and becomes effective on or before January
1, 1998.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 12 (commencing with Section 25299.97) is added to Chapter 6.75 of
Division 20 of the Health and Safety Code, to read:
Article 12. Drinking Water Well Protection
25299.97. (a) For the purposes of this article, the following definitions shall apply:
(1) "Public drinking water well" means a wellhead that provides drinking water to a public
water system, as that term is defined in Section 116275, that is regulated by the State
Department of Health Services and that is subject to Section 116455.
(2) "MTBE" means methyl tertiary-butyl ether.
(3) "GIS mapping system" means a geographic information system that collects, stores,
retrieves, analyzes, and displays environmental geographic data in a data base that is
accessible to the public.
(4) "Motor vehicle fuel" includes gasoline, natural gasoline, blends of gasoline and alcohol
or gasoline and oxygenates and any inflammable liquid, by whatever name the liquid may
be known or sold, which is used or usable for propelling motor vehicles operated by the
explosion type engine. It does not include kerosine, liquefied petroleum gas, or natural
gas, in liquid or gaseous form.
(5) "Oxygenated motor vehicle fuel" is motor vehicle fuel, as defined in paragraph (4), that
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meets the federal definition for "Oxygenated Fuel" as defined in Section 7545(m) of Title
42 of the United States Code.
(6) "Oxygenate" means an organic compound containing oxygen that has been approved
by the United States Environmental Protection Agency as a gasoline additive to meet the
requirements for an "oxygenated fuel" pursuant to Section 7545 of Title 42 of the United
States Code.
(b) The State Water Resources Control Board shall upgrade the data base created by
Section 25299.39.1. This upgrade shall include the establishment of a statewide GIS
mapping system as described in this section only upon an appropriation by the Legislature
for this purpose.
(c) (1) For purposes of subdivision (b), the board shall create a GIS Mapping and Data
Management Advisory Committee. The committee shall give the board advice on location
standards, protocols, metadata, and the appropriate data to expand the data base to
create a cost-effective GIS mapping system that will provide the appropriate information to
allow agencies to better protect public drinking water wells and, if feasible, nearby aquifers
that are reasonably expected to be used as drinking water, from contamination by motor
vehicle fuel from underground storage tanks and intra- and interstate pipelines that are
regulated by the State Fire Marshal pursuant to the California Pipeline Safety Act of 1981,
Chapter 5.5 (commencing with Section 51010.5) of Part 1 of Division 1 of Title 5 of the
Government Code.
(2) The advisory committee shall include, at a minimum, members from appropriate state
and local agencies, affected industry and business, the water agencies that provide
drinking water in Santa Monica, the water agencies that provide drinking water in the
Santa Clara Valley, nonprofit environmental groups dedicated to the conservation and
preservation of natural resources, and underground storage tank owners.
(d) (1) The board shall create two pilot projects, the Santa Monica Groundwater Pilot
Project and the Santa Clara Valley Groundwater Pilot Project, which shall terminate on
July 1, 1999.
(2) The board shall create the pilot projects with the advice of the advisory committee so
as to expedite and prioritize the upgrading of the data base for those regions of the state
where groundwater provides, or would be called on in an emergency to provide, a
significant portion of the region's drinking water.
(3) The board shall use the pilot projects to define and assess the parameters of the data
base, identify data needs, develop opportunities to electronically link data bases and
electronic submission of information, offer access to the public via the Internet, streamline
existing processes, and work out the details for data management and a GIS mapping
system as described in this article.
(4) The pilot project shall study appropriate notification to public water systems and
response times.
(e) To upgrade the data base as required by this section, the board, in consultation with
the advisory committee, shall do all of the following:
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(1) Coordinate with the Department of Water Resources and the State Department of
Health Services to obtain the location of existing drinking water wells and appropriate
water resource and quality data to meet the requirements of this article.
(2) Coordinate with local agencies authorized to implement this chapter to obtain the
location of all underground storage tanks that store motor vehicle fuel that are within 1,000
feet of a public drinking water well.
(3) Coordinate with local agencies authorized to implement this chapter to add the location
of all known releases of motor vehicle fuel from underground storage tanks that are within
1,000 feet of a drinking water well.
(4) Coordinate with the State Fire Marshal to add the location and leak history of all
pipelines or segments of pipelines that transport motor vehicle fuel and that are regulated
by the State Fire Marshal pursuant to Chapter 5.5 (commencing with Section 51010) of
Part 1 of Division 1 of Title 5 of the Government Code that are within 1,000 feet of an
existing public drinking water well.
(f) The board may expend up to four hundred thousand dollars ($400,000) from the
Underground Storage Tank Cleanup Fund for the purposes set forth in Section 25299.36
to fund the GIS mapping system projects referred to in this section.
(g) On or before July 1, 1999, based upon, among other things, an evaluation of the pilot
projects, the board shall report to the Legislature and the Governor on the feasibility and
appropriateness of establishing a statewide GIS mapping system as described in this
section.
SEC. 2. Article 13 (commencing with Section 25299.99) is added to Chapter 6.75 of
Division 20 of the Health and Safety Code, to read:
Article 13. Drinking Water Emergency Response Funding
25299.99. (a) The board may annually expend up to five million dollars ($5,000,000) from
the fund for the purposes set forth in Section 25299.36 and may expend no more than one
million dollars ($1,000,000) of that amount per affected drinking water supply source to
pay a public water system for the cost of treatment of the water supply or of providing
alternate drinking water supplies, where a public water system requests funds and the
public water system demonstrates that a public drinking water well has been contaminated
by an oxygenate and there is substantial evidence that the release occurred from an
underground storage tank.
(b) The board shall report annually to the Governor and to the Legislature on any money
provided to a public water system pursuant to this section.
(c) The board shall be reimbursed by a public water system that has received funds
pursuant to this section, to the extent that the public water system receives payment from
any source to cover the costs for which it received funding under this section. The public
water system shall aggressively pursue cost recovery from responsible persons and shall,
upon recovery, or within five years from the initial payment received, whichever occurs
first, reimburse the board for funds received pursuant to this section unless the public
water system can demonstrate to the board that, despite all reasonable efforts, recovery
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from a responsible party is not possible, or that a responsible party cannot be identified.
SEC. 3. Article 7.5 (commencing with Section 116610) is added to Chapter 4 of Part 12 of
Division 104 of the Health and Safety Code, to read:
Article 7.5. MTBE Detection
116610. (a) This article shall be known, and may be cited, as the Local Drinking Water
Protection Act.
(b) For purposes of this article, "MTBE" means methyl tertiary-butyl ether.
(c) Commencing January 1, 1998, the State Department of Health Services shall
commence the process for adopting a primary drinking water standard for MTBE that
complies with the criteria established under Section 116365. The State Department of
Health Services shall establish a primary drinking water standard for MTBE on or before
July 1, 1999. The State Department of Health Services may, at its discretion, set primary
drinking water standards for other oxygenates.
(d) On or before July 1, 1998, the State Department of Health Services shall adopt a
secondary drinking water standard that complies with the criteria established under
subdivision (d) of Section 116275 and that does not exceed a consumer acceptance level
for MTBE.
116612. On or before January 1, 1999, the California Drinking Water and Toxic
Enforcement Act Scientific Advisory Panel shall make a recommendation to the Office of
Environmental Health Hazard Assessment on whether MTBE should be listed as a
carcinogenic or reproductive toxin as set forth in Section 12000 and following of Title 22 of
the California Code of Regulations.
SEC. 4. Section 13272.1 is added to the Water Code, to read:
13272.1. Each regional board shall publish and distribute on a quarterly basis to all public
water system operators within the region of the regional board, a list of discharges of
MTBE that occurred during the quarter and a list of locations where MTBE was detected in
the groundwater within the region of the regional board.
SEC. 5. This act shall become operative only if Assembly Bill 592 of the 1997-98 Regular
Session is also enacted and becomes effective on or before January 1, 1998.
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BILL NUMBER: AB 592 AMENDED
AMENDED IN SENATE SEPTEMBER 9, 1997
AMENDED IN SENATE AUGUST 26, 1997
AMENDED IN ASSEMBLY JUNE 6, 1997
AMENDED IN ASSEMBLY JUNE 4, 1997
AMENDED IN ASSEMBLY JUNE 2, 1997
AMENDED IN ASSEMBLY APRIL 21, 1997
AMENDED IN ASSEMBLY APRIL 9, 1997
INTRODUCED BY Assembly Member Kuehl
(Principal coauthor: Senator Sher)
(Coauthor: Assembly Member Thomson)
(Coauthor: Senator Karnette)
FEBRUARY 25, 1997
An act to amend Section 51010.5 of, to add Sections 51017.1 and 51017.2 to, and to
repeal and add Section 51017 of, the Government Code, to amend Sections 25298.5 and
116375 of, to add Section 100886 to, and to add Article 12 (commencing with Section
25299.97) and Article 13 (commencing with Section 25299.99) to Chapter 6.75 of Division
20 of, and to add Article 7.5 (commencing with Section 116610) to Chapter 4 of Part 12 of
Division 104 of, the Health and Safety Code, and to amend SeGtigR 13271 of, and to add
SeGt*GRto add Sections 13272.1 and 13274 to, the Water Code, relating to environmental
protection , and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 592, as amended, Kuehl. Drinking water: wells: oxygenates: storage tanks and
pipelines : MTBE .
(1) Under existing law, the Elder California Pipeline Safety Act of 1981, the State Fire
Marshal administers provisions regulating the inspection of intrastate pipelines that
transport hazardous liquids.
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The act establishes the Pipeline Safety Advisory Committee.
This bill would require the State Fire Marshal to develop a comprehensive data base of
pipeline information , as specified, that can be utilized for emergency response and
program operational purposes. The bill would appropriate $469,000 from the California
Hazardous Liquid Pipeline Safety Fund to the State Fire Marshal for that purpose. T449-
The bill would require the State Fire Marshal, utilizing GIS-based location information
furnished by the State Department of Health Services and the State Water Resources
Control Board, at least once every 2 years , to determine the identity of each pipeline or
pipeline segment that transports petroleum product when that pipeline is located within
1,000 feet of a public drinking water well , taking onto aGGOUnt the F;atuFe of the fuel and
The State Fire Marshal would be required
to give a specified notification to operators of identified pipelines and those operators,
unless exempted as prescribed, would be required to prepare a pipeline wellhead
protection plan for the State Fire Marshal's approval, as specified. The bill would specify
related matters .
T44+s- .
The bill would require the State Fire Marshall Marshal, with advice from the Pipeline Safety
Advisory Committee, the wateFboard, and local water purveyors , to adopt regulations for
wellhead protection plans that provide guidelines to be used by the pipeline operator to
protect the public drinking water well fermi-from contamination should a pipeline rupture or
leak pose a significant threat to a public drinking water well , taking into account the nature
of the fuel and its ability to migrate to a public drinking water well .
(2) Under existing law, the board has responsibility
for the protection of water quality and responsibilities pertaining to underground storage
tanks containing petroleum. Existing law requires the board to develop, implement, and
maintain a system that is accessible to government agencies and the public for storing and
retrieving data from cases involving discharges of petroleum from underground storage
tanks.
ExistiRg law, the BarFy Keene URderground Storage Tank Cleanup Trust Fund AGt Of ,
ery owneF of a petFaleum underground storage tank who is FeqUiFed to obtain a
Nn c)F operate a tank to pay a specified storage fee, foF deposit in the
This bill would Greate a GIS Mapping and Data Management Advisory Gernmittee to give
the board adviGe on 6peGified matteFs that aFe appmpriate to expand the data base to
GFeateaGGGt effeGtive GIS mapping system that well pFevide the appFopriate iRfOrmatien to
.
The bill we-ld requiFe the advisery GGn;Fnitte- to indude, at least, members fFam the wateF
ageRGies that pFevide dFiRking water in Santa MGRiGa and the SaRta Glara Valley, and
industFy and business. The bill would preSGribe requirements fc)F 3Gtsand
dutier, on the boar4-
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oxygenate, as defined, and that R is pFebable that the release OGGUrred fFGm
The bill would FequiFe the State DepaFtment Gf Health SeFViGeS to adopt a PFiMaFy dFinking
as taste and GdeF that does n9t 9XGeed a GGRsumeF aGGeptaRGe level f9F exygeRates.
This bill would require the board to upgrade the data base established under those
provisions. The bill would require the board to establish for this and other designated
purposes, a GIS Mapping and Data Management Advisory Committee. The bill would
require the board, with the advice of the committee, to establish 2 pilot projects, the Santa
Monica, Groundwater Pilot Project and the Santa Clara Valley Groundwater Pilot Project, to
study appropriate modification to public water systems and response times which would
terminate July 1, 1999, and to report to the Legislature and the Governor on or before July
1, 1999, on the feasibility and appropriateness of establishing a statewide GIS mapping
system. The bill would define a GIS mapping system as a geographic information system
that collects, stores, retrieves, analyzes, and displays environmental geographic data in a
data base that is accessible to the public. The bill would require the upgrade of the data
base to include the establishment of a statewide GIS mapping system, only upon
appropriation by the Legislature.
(3) Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of
1989, requires every owner of a petroleum underground storage tank who is required to
obtain a permit to own or operate a tank to pay a specified storage fee, for deposit in the
Underground Storage Tank Cleanup Fund.
This bill would authorize the board to expend up to $400,000 from the fund for corrective
action purposes, to fund GIS mapping system projects.
The bill would also authorize the board to annually expend up to $5,000,000 from the fund
to pay public water systems for the cost of treatment of the water supply or of providing
alternate drinking water supplies if a public water system requests funds for that purpose
and demonstrates that a public drinking water well has been contaminated by an
oxygenate and there is substantial evidence that the release occurred from an
underground storage tank. The bill would prohibit the board from expending more than
$1,000,000 of that amount per affected drinking water supply source. The bill would require
the board to report annually to the Governor and the Legislature on any money provided to
a public water system pursuant to those provisions. The bill would require the board to be
reimbursed by the public water system to the extent that the public water system receives
payment from any source to cover its costs, and, with certain exceptions, would require the
public water system to pursue cost recovery from responsible parties.
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(4) Existing law requires the state department to administer provisions pertaining to the
regulation of drinking water and public water systems, as defined, so as to protect public
health, including, but not limited to, the conduct of research, studies, and demonstration
programs pertaining to the provision of a dependable, safe supply of drinking water, and
the adoption of primary drinking water standards for contaminants in drinking water.
This bill would enact the Local Drinking Water Protection Act to require the state
department, as of January 1, 1998, to commence the process of adopting a primary
drinking water standard for MTBE pursuant to prescribed provisions of existing law and to
adopt a secondary drinking water standard, on or before July 1, 1998, that does not
exceed a consumer acceptance level for MTBE. The bill would require that the state
department establish the primary drinking water standard for MTBE on or before July 1,
1999, and would authorize the state department to set primary drinking water standards for
other oxygenates.
The bill would require, on or before January 1, 1999, that the California Drinking Water and
Toxic Enforcement Act Scientific Advisory Panel make a recommendation to the Office of
Environmental Health Hazard Assessment as to whether MTBE should be listed as a
carcinogenic or reproductive toxin.
(5) Existing law prescribes notification requirements, with certain exceptions, for any person
who causes or permits any oil or petroleum product to be discharged in or on any waters of
the state.
This bill would require each California regional water quality control board to publish and
distribute, on a quarterly basis, to all public water system operators within the region of the
regional board a list of discharges of MTBE that occurred during the quarter and a list of
locations where MTBE was detected in the groundwater within the region of the regional
board.
(6) Under existing law, any person who, without regard to intent or negligence, causes or
permits any hazardous substance or sewage to be discharged in or on any waters of the
state, or discharged or deposited where it is, or probably will be, discharged in or on any
waters of the state, is required to give notice as prescribed.
This bill would also require the appropriate regional board to notify
any public water system operator that may potentially be affected by the-a
discharge within 48 hours .
The-
(7) The bill would atse-vest in any public water system regulated by the State lDepaFtrAent
of Health SepviGes state department the same legal rights and remedies against a
responsible party, as defined, when the water supply used by that7the public water system
is contaminated, as those of a private landowner whose groundwater has been
contaminated.
(8) The bill would prescribe related matters.
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(9) The bill would provide that it would become operative only if SB 9189 of the 1997-98
Regular Session is enacted and becomes effective on or before January 1, 1998.
Vote: majority. Appropriation: no-yes . Fiscal committee: yes. State-mandated local
program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51010.5 of the Government Code is amended to read:
51010.5. As used in this chapter, the following definitions apply:
(a) "Pipeline" includes every intrastate pipeline used for the transportation of hazardous
liquid substances or highly volatile liquid substances, including a common carrier pipeline,
and all piping containing those substances located within a refined products bulk loading
facility which is owned by a common carrier and is served by a pipeline of that common
carrier, and the common carrier owns and serves by pipeline at least five such facilities in
the state. "Pipeline" does not include the following:
(1) An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal
Regulations.
(2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3) A pipeline for the transportation of crude oil that operates by gravity or at a stress level
of 20 percent or less of the specified minimum yield strength of the pipe.
(4) Transportation of petroleum in onshore gathering lines located in rural areas.
(5) A pipeline for the transportation of a hazardous liquid substance offshore located
upstream from the outlet flange of each facility on the Outer Continental Shelf where
hydrocarbons are produced or where produced hydrocarbons are first separated,
dehydrated, or otherwise processed, whichever facility is farther downstream.
(6) Transportation of a hazardous liquid by a flow line.
(7) A pipeline for the transportation of a hazardous liquid substance through an onshore
production, refining, or manufacturing facility, including a storage or inplant piping system
associated with that facility.
(8) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car,
or other vehicle or terminal facilities used exclusively to transfer hazardous liquids
between those modes of transportation.
(b) "Flow line" means a pipeline which transports hazardous liquid substances from the
well head to a treating facility or production storage facility.
(c) "Hydrostatic testing" means the application of internal pressure above the normal or
maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed
period of time, utilizing a liquid test medium.
(d) "Local agency" means a city, county, or fire protection district.
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(e) "Rural area" means a location which lies outside the limits of any incorporated or
unincorporated city or city and county, or other residential or commercial area, such as a
subdivision, a business, a shopping center, or a community development.
(f) "Gathering line" means a pipeline eight inches or less in nominal diameter that
transports petroleum from a production facility.
(g) "Production facility" means piping or equipment used in the production, extraction,
recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage
or measurement. (To be a production facility under this definition, piping or equipment
must be used in the process of extracting petroleum from the ground and transporting it by
pipeline.)
(h) "Public drinking water well" means a wellhead that provides drinking water to a public
water system as defined in Section 116275 of the Health and Safety Code, that is
regulated by the State Department of Health Services and that is subject to Section
116455 of the Health and Safety Code.
(i) "GIS mapping system " means a geographical information system that will collect, store,
retrieve, analyze, and display environmental geographical data in a data base that is
accessible to the public.
(j) "Motor vehicle fuel" includes gasoline, natural gasoline, blends of gasoline and alcohol,
or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may
be known or sold, which is used or is usable for propelling motor vehicles operated by the
explosion type engine. It does not include kerosene, liquefied petroleum gas, or natural
gas in liquid or gaseous form.
(k) "Oxygenate" means an organic compound containing oxygen that has been approved
by the United States Environmental Protection Agency as a gasoline additive to meet the
requirements for an "oxygenated fuel" pursuant to Section 7545 of Title 42 of the United
States Code.
SEC. 2. Section 51017 of the Government Code is repealed.
SEC. 3. Section 51017 is added to the Government Code, to read:
51017. (a) The State Fire Marshal shall develop a comprehensive data base of pipeline
information that can be utilized for emergency response and program operational
purposes. The data base shall include information on pipeline location, age, reported leak
incidences, and inspection history, and shall have the capability of mapping pipeline
locations throughout the state. The data collection format shall be compatible with any
pipeline mapping project implemented by the United States Department of Transportation's
Office of Pipeline Safety and shall be compatible with GIS mapping and data management
required by Article 12 (commencing with Section 25299.97) of Chapter 6.75 of Division 20
of the Health and Safety Code.
(b) The GG-6f ef de�xe loping and maintaining the data b d by subdivisioR (a) sh
the i egislatu Fe
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(b) The sum of four hundred sixty-nine thousand dollars ($469,000) is hereby appropriated
from the California Hazardous Liquid Pipeline Safety Fund to the State Fire Marshal for the
purposes of subdivision (a).
SEC. 4. Section 51017.1 is added to the Government Code, to read:
51017.1. (a) Utilizing GIS-based location information furnished by the State Department of
Health Services and the State Water Resources Control Board, at least once every two
years the State Fire Marshal shall determine the identity of each pipeline or pipeline
segment that is regulated by the State Fire Marshal pursuant to this chapter that transports
petroleum product when that pipeline is located within 1,000 feet of a public drinking water
well.
(b) With assistance from the State Department of Health Services and the State Water
Resources Control Board, the State Fire Marshal shall notify the operator of the pipelines
identified in subdivision (a) of the following information:
(1) That the specific pipeline or pipeline segment has been identified as being located
within 1,000 feet of a public drinking water well.
(2) The name of the water purveyor and the location of the public drinking water well
affected. With advice from the GIS mapping advisory committee, created pursuant to
subdivision (b) of Section 25299.97 of the Health and Safety Code, the identification of the
pipelines and notification of pipeline owners by the State Fire Marshal pursuant to
subdivision (a) and this subdivision shall begin once the GIS mapping system created by
Section 25299.97 of the Health and Safety Code is able to provide accurate and useful
information on pipeline and wellhead locations.
(c) Each pipeline operator notified pursuant to subdivision (b) shall prepare a pipeline
wellhead protection plan as required by Section 51017.2 and submit the plan to the State
Fire Marshal within 180 days from the date of either receiving the notification specified in
subdivision (b), or adoption of regulations by the State Fire Marshal pursuant to Section
51017.2, whichever is later.
(d) With the advice of the State Department of Health Services, the State Water
Resources Control Board, appropriate California regional water quality controls boards,
and local water purveyors, the State Fire Marshal shall review each wellhead protection
plan submitted by a pipeline operator, and approve those plans that meet the criteria of the
regulations adopted by the State Fire Marshal pursuant to Section 51017.2. The State Fire
Marshal shall have discretion to allow a wellhead protection plan to address multiple
wellheads where the conditions creating the risk to the wellheads are substantially similar.
The pipeline operator shall implement the wellhead protection plan within 180 days from
the date of receiving approval from the State Fire Marshal.
(e) Each pipeline operator having a wellhead protection plan approved by the State Fire
Marshal pursuant to subdivision (d) shall evaluate that plan at least once every five years
to ensure that the plan is in compliance with the current regulations established by the
State Fire Marshal pursuant to Section 51017.2. The pipeline operator shall provide either
written documentation to the State Fire Marshal that the previously approved wellhead
protection plan has been evaluated and that no changes are warranted, or submit a new
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wellhead protection plan to remain in compliance with existing regulations or to meet the
requirements of regulations adopted since the plan was approved.
(f) The pipeline operator subject to subdivision (c) may petition the State Fire Marshal in
writing for an exemption from the requirements of subdivision (c). With advice from the
State Water Resources Control Board, the State Department of Health Services, the
California regional water quality control boards, and local water purveyors, the State Fire
Marshal may approve the exemption if the petition demonstrates that the pipeline either
does not transport motor vehicle fuel, or does not pose a significant threat to the public
drinking water well based upon, but not limited to, the following criteria:
(1) Pipeline parameters, such as operation pressure, operating temperature, age, design,
fabrication materials, construction, corrosive nature of the surrounding soil, cathodic
protection, and feasibility of internal inspection or evaluation tools (smart pigs).
(2) Hydrogeologic parameters, such as soil permeability, direction and velocity of
groundwater flow, aquifer location or depth, and hydrogeologic barriers or conduits.
(3) Water well parameters, such as depth of well and well construction.
(4) The nature of the fuel and its ability to migrate to public drinking water wells.
(5) The impact of human activity that may elevate or reduce the risk to the drinking water
well.
SEC. 5. Section 51017.2 is added to the Government Code, to read:
51017.2. (a) With advice from the Pipeline Safety Advisory Committee, the State Water
Resources Control Board, the California regional water quality control boards, and local
water purveyors, the State Fire Marshal shall adopt regulations for wellhead protection
plans that provide guidelines to be used by the pipeline operator as specified in Section
51017.1 to protect the public drinking water well from contamination should a pipeline
rupture or leak pose a significant threat to a public drinking water well, taking into account
the nature of the fuel and its ability to migrate to a public drinking water well. The
regulations adopted by the State Fire Marshal shall require each plan to contain adequate
and effective measures that are technologically feasible, practical, and operationally sound
that protect public drinking water wells. At a minimum, the wellhead protection plan shall
contain the following:
(1) Operational activities that provide the pipeline operator with sufficient information to
adequately ensure the integrity of the pipeline. These may include internal inspection or
evaluation tools (smart pigs), substructure excavation (potholing), well monitoring,
additional or more frequent pressure tests, cathodic protection surveys or visual
inspections, or other technologies as appropriate.
(2) Response measures that will enhance the pipeline operator's response to an
emergency, such as a pipeline rupture, fire, earthquake, or flood. These measures may
include activities, such as additional training for operator staff or improved coordination
with emergency response agencies.
(b) At least once every five years, the State Fire Marshal, with the advice of the Pipeline
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Safety Advisory Committee, the State Water Resources Control Board, the California
regional water quality control boards, and local water purveyors, shall review the
regulations adopted pursuant to subdivision (a) to determine if new measures that have
been proven to be technologically feasible, practical, and operationally sound should be
included in the regulations. The State Fire Marshal shall adopt new regulations if such new
measures are identified.
SEC. 6. Section 25298.5 of the Health and Safety Code is amended to read:
25298.5. The analysis of any material that is required to demonstrate compliance with this
chapter or Chapter 6.75 (commencing with Section 25299.10) shall be performed by a
laboratory accredited by the department pursuant to Article 3 (commencing with Section
100825) of Chapter 4 of Part 1 of Division 101.
SEC. 7. AFtiG'9 12 (G with SeGteen 25299.97) is added to GhapteF 69.75 of
Division 20 of the Health — -
25299.97. (a) For puFpose of this aFt*Gle the following definitions shall apply.*
(!) "PubliG dFinking wateF well" Fneans a wellhead that pFevides drinking wateF to a pub
wateF 6ystem as that teFm is defined in Serat;GR 116527-5 that is, Fegulated by the State
(2) "GIS mapping" FAeans a geogFaphiGal iRfeFmatien system that will Gellerst, ,
retrieve, analyze, and display enviFonmental gec)gFaphlr---Pl danta 4A a data base that
(b) The State VVateF ReSOUFres GentFol BeaFd shall upgFade the data base r.Feated by
Committee. The remm;ttee shall give the board adviGe oR liarafieR standards, meta data-,
and PFGterel that are appFepriate to expand the data base tO GFeate a GGst effeGtive G&
Ystem that will prGvide the appropriate infbFmaaflen to allow ageRGies to betteF
MaFshal pursuant to GhapteF 5.5 (GOmmenGing with SeGfien 5101 Q) of Part 1 of DivisioR 4-
(G) With the advin-e of the advie*Fy r-ommittee, se as to expedite and PFiGFitiZe the
dFiRkiRg WateF, the beard shall GFE )t projeGtS, the Santa MORiGa Pilot PFojert andl-
the Santa GlaFa Valle) Pil-t P.-Jerwt-.-T-he �GnGaFd shall use the pilot pFejeGts to define and
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(1) GGGFdiRate with the State DepaFtFAeRt of Health SeFviGes and the DepaFtFneRt Of VV
Fesourraes and quality data to meet th9 FequiFemeRts of this artiGle.
steFe FnGtGF vehiG19 fuel withIR 1,000 feet of a publiG drinkiRg wateF well.
(3) GGGFdiRate with the State FiFe MaFshal to add the lOGation and leak histeFy of all
pipelines GF 6egments that tFanspGFt motoF vehiG19 fuel that aFe Fegulated by the State FiFe-
MaFshal pursuant to GhapteF 5.5 (GGFnFneRGffing with SeGtOGR 51010) of Part 1 of DivisieR4-
of Totle 5 of the GGVeFnment Code that aFe within 1,000 feet of aR existiRg publiG driRking-
watef well.
(d) The beaFd Fnay, upon appFopFiatiOR by the Legislatum, expend Lip to few hWRdFed
thousand dellaFs ($400,000) in funds f9F the puFposes set feFth in SeGtiGR 25299.36 to f
the GIS m 9GtS an the seGtion.
GGvernoF on the feasibility and alp-prGpriateness of establishing a statewide GIS system as
deSGFibed on this seGtiGR–.
(f) The beaFd shall upgpade the data base Greated by SeGt*c)n 25299.39.1 by establishing
SEC. 8. ArtiGle 13 (c with SertiGR 25299.99) is added to GhapteF 6.75 of
Division 20 of the Health am— Salety Code, to Fead-•
25299.99. (a) The State VVateF Rer-,GurGes GentFal Beard may annually, upon apprepriati
fURds expeRded PUFSuant to subdivision (d) of SeGtien 25299.97, foF the purposes set forth
000) of-
,
that a publiG dFiRking wateF well has been GORtamiRated by aR Oxygenate, and that it is
(b) The beaFd shall repeFt to the GGveFnGF and the Legislature wheneveF any
pellution puFsuant to subdivision (a).
(G) Pursuant to AFIiGle 7 (GGmmenGing with SeGtic)n 25299.70), the bGard shall seek
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pur6uant to subdivisiGR (a).
paFty ;6 RGt possible, eF that a FeSPORsible party Gannet be ideRtified. The five yeaF-
tests.
SEC. 7. Article 12 (commencing with Section 25299.97) is added to Chapter 6.75 of
Division 20 of the Health and Safety Code, to read.
Article 12. Drinking Water Well Protection
25299.97. (a) For the purposes of this article, the following definitions shall apply.
(1) "Public drinking water well"means a wellhead that provides drinking water to a public
water system, as that term is defined in Section 116275, that is regulated by the State
Department of Health Services and that is subject to Section 116455.
(2) "MTBE"means methyl tertiary-butyl ether.
(3) "GIS mapping system"means a geographic information system that collects, stores,
retrieves, analyzes, and displays environmental geographic data in a data base that is
accessible to the public.
(4) "Motor vehicle fuel"includes gasoline, natural gasoline, blends of gasoline and alcohol
or gasoline and oxygenates and any inflammable liquid, by whatever name the liquid may
be known or sold, which is used or usable for propelling motor vehicles operated by the
explosion type engine. It does not include kerosine, liquefied petroleum gas, or natural gas,
in liquid or gaseous form.
(5) "Oxygenated motor vehicle fuel"is motor vehicle fuel, as defined in paragraph (4), that
meets the federal definition for "Oxygenated Fuel"as defined in Section 7545(m) of Title 42
of the United States Code.
(6) "Oxygenate"means an organic compound containing oxygen that has been approved
by the United States Environmental Protection Agency as a gasoline additive to meet the
requirements for an 'oxygenated fuel"pursuant to Section 7545 of Title 42 of the United
States Code.
(b) The State Water Resources Control Board shall upgrade the data base created by
Section 25299.39.1. This upgrade shall include the establishment of a statewide GIS
mapping system as described in this section only upon an appropriation by the Legislature
for this purpose.
(c) (1) For purposes of subdivision (b), the board shall create a GIS Mapping and Data
Management Advisory Committee. The committee shall give the board advice on location
standards, protocols, metadata, and the appropriate data to expand the data base to
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create a cost-effective GIS mapping system that will provide the appropriate information to
allow agencies to better protect public drinking water wells and, if feasible, nearby aquifers
that are reasonably expected to be used as drinking water, from contamination by motor
vehicle fuel from underground storage tanks and intra- and interstate pipelines that are
regulated by the State Fire Marshal pursuant to the California Pipeline Safety Act of 1981,
Chapter 5.5 (commencing with Section 51010.5) of Part 1 of Division 1 of Title 5 of the
Government Code.
(2) The advisory committee shall include, at a minimum, members from appropriate state
and local agencies, affected industry and business, the water agencies that provide
drinking water in Santa Monica, the water agencies that provide drinking water in the Santa
Clara Valley, nonprofit environmental groups dedicated to the conservation and
preservation of natural resources, and underground storage tank owners.
(d) (1) The board shall create two pilot projects, the Santa Monica Groundwater Pilot
Project and the Santa Clara Valley Groundwater Pilot Project, which shall terminate on July
1, 1999.
(2) The board shall create the pilot projects with the advice of the advisory committee so as
to expedite and prioritize the upgrading of the data base for those regions of the state
where groundwater provides, or would be called on in an emergency to provide, a
significant portion of the region's drinking water.
(3) The board shall use the pilot projects to define and assess the parameters of the data
base, identify data needs, develop opportunities to electronically link data bases and
electronic submission of information, offer access to the public via the Internet, streamline
existing processes, and work out the details for data management and a GIS mapping
system as described in this article.
(4) The pilot projects shall study appropriate modification to public water systems and
response times.
(e) To upgrade the data base as required by this section, the board, in consultation with the
advisory committee, shall do all of the following:
(1) Coordinate with the Department of Water Resources and the State Department of
Health Services to obtain the location of existing drinking water wells and appropriate water
resource and quality data to meet the requirements of this article.
(2) Coordinate with local agencies authorized to implement this chapter to obtain the
location of all underground storage tanks that store motor vehicle fuel that are within 1,000
feet of a public drinking water well.
(3) Coordinate with local agencies authorized to implement this chapter to add the location
of all known releases of motor vehicle fuel from underground storage tanks that are within
1,000 feet of a drinking water well.
(4) Coordinate with the State Fire Marshal to add the location and leak history of all
pipelines or segments of pipelines that transport motor vehicle fuel and that are regulated
by the State Fire Marshal pursuant to Chapter 5.5 (commencing with Section 51010) of
Part 1 of Division 1 of Title 5 of the Government Code that are within 1,000 feet of an
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existing public drinking water well.
(0 The board may expend up to four hundred thousand dollars ($400,000) from the
Underground Storage Tank Cleanup Fund for the purposes set forth in Section 25299.36
to fund the GIS mapping system projects referred to in this section.
(g) On or before July 1, 1999, based upon, among other things, an evaluation of the pilot
projects, the board shall report to the Legislature and the Governor on the feasibility and
appropriateness of establishing a statewide GIS mapping system as described in this
section.
SEC. 8. Article 13 (commencing with Section 25299.99) is added to Chapter 6.75 of
Division 20 of the Health and Safety Code, to read:
Article 13. Drinking Water Emergency Response Funding
25299.99. (a) The board may annually expend up to five million dollars ($5,000,000) from
the fund for the purposes set forth in Section 25299.36 and may expend no more than one
million dollars ($1,000,000) of that amount per affected drinking water supply source to pay
a public water system for the cost of treatment of the water supply or of providing alternate
drinking water supplies, where a public water system requests funds and the public water
system demonstrates that a public drinking water well has been contaminated by an
oxygenate and there is substantial evidence that the release occurred from an
underground storage tank.
(b) The board shall report annually to the Governor and to the Legislature on any money
provided to a public water system pursuant to this section.
(c) The board shall be reimbursed by a public water system that has received funds
pursuant to this section, to the extent that the public water system receives payment from
any source to cover the costs for which it received funding under this section. The public
water system shall aggressively pursue cost recovery from responsible persons and shall,
upon recovery, or within five years from the initial payment received, whichever occurs first,
reimburse the board for funds received pursuant to this section unless the public water
system can demonstrate to the board that, despite all reasonable efforts, recovery from a
responsible party is not possible, or that a responsible party cannot be identified.
SEC. 9. Section 100886 is added to the Health and Safety Code, to read:
100886. Any person who operates a laboratory for the purposes specified in Section
25198, 25298.5, 25358.4, or 116390 of this code, or Section 13176 of the Water Code,
shall report the full and complete results of all detected contamination and pollutants to the
person or entity that submitted the material for testing.
SEC. 10. Section 116375 of the Health and Safety Code is amended to read:
116375. The department shall adopt regulations it determines to be necessary to carry out
the purposes of this chapter. The regulations shall include, but not be limited to, the
following:
(a) The monitoring of contaminants, including the type of contaminant, frequency and
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method of sampling and testing, and the reporting of results.
(b) The monitoring of unregulated contaminants for which drinking water standards have
not been established by the department. The requirements shall be not less stringent than
those adopted pursuant to paragraph (2) of subsection (a) of Section 1445 of the federal
Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4 (a)(2)). Until the time that the
department adopts regulations regarding the monitoring of unregulated contaminants, the
department may, by.order, require any public water system that has been shown to contain
detectable levels of any unregulated contaminants to conduct periodic water analyses in
accordance with conditions specified by the department. The water analyses shall be
reported on a quarterly basis unless the department finds that more or less frequent
analysis is necessary.
(c) Requirements for the design, operation, and maintenance of public water systems,
including, but not limited to, waterworks standards and the control of cross-connections,
that the department determines are necessary to obtain, treat, and distribute a reliable and
adequate supply of pure, wholesome, potable, and healthy water.
(d) Requirements for treatment, including disinfection of water supplies.
(e) Requirements for the filtration of surface water supplies at least as stringent as
regulations promulgated pursuant to subparagraph (C) of paragraph (7) of subsection (b)
of Section 1412 of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec.
300g-1 (b)(7)(C)).
(f) Requirements for notifying the public of the quality of the water delivered to consumers.
(g) Minimum acceptable financial assurances that a public water system shall be required
to submit as a demonstration of its capability to provide for the ongoing operation,
maintenance, and upgrading of the system, including compliance with monitoring and
treatment requirements and contingencies. For privately owned systems not regulated by
the Public Utilities Commission, the financial assurance may be in the form of a trust fund,
surety bond, letter of credit, insurance, or other equivalent financial arrangement
acceptable to the department.
(h) Program requirements for the conduct of the public water system program by a local
health officer under a primacy delegation from the department as set forth in this chapter.
The requirements shall include, but not be limited to, the issuance of permits, surveillance
and inspections, reporting of monitoring and compliance data, and the taking of
enforcement actions.
(i) Methods for determination of the number of persons served by a public water system for
drinking water regulatory purposes.
(j) The adoption by the State Department of Health Services, in consultation with the State
Water Resources Control Board and representatives from operators of public water
systems, of emergency regulations for the uniform, scientific sampling, and analytical
testing protocols for oxygenates as defined in subdivision (k) of Section 51010.5 of the
Government Code.
SEC. 11. Article 7.5 (commencing with Section 116610) is added to Chapter 4 of Part 12 of
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s
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Division 104 of the Health and Safety Code, to read:
116610. (a) This aFtiGle shall be known and may be Gited as the LOGal DFinking WateF
PFetesfien-AGt-
„ „
"OxygenatedFuel"
7-545 of Title 42 of the United States Code.
(G) The State DepartmeRt of Health SeFvires shall adopt a pF*FnaFy dF;i;keRg wateF Standard
f9F oxygeRates that mmplies with r.FteF;a established WRdeF SeOAiQR 116365 when
(d) OR OF befc)Fe july 1, 1998, the State DepaFtment of Health SeFVOGes Shall also adept a
taste and c)dc)F that does ROt eXGeed a Gensumw aGGeptanGe level faF oxygeRates.
,
dGSGhaFged OR GF Gn any waters of the state, shall, as soon as (1) that persOR h
ki;Gwiedge of the disrhaFge, (2) RGtifffGatiG)R is possible, and (3) ROtifiGation GaR be
Government Gede. The QffiG9 of EmergeRGY SeWiGes shall immediately notify the
system opeFatOF that Fnay potentially be affeGted by the disGhaFge. The state board OF the
regional bn--:;rc-i -rh-:;Il 'O-Rt- -:;I' nn-tefic-MicOnS rer.,eived by them PUFSUaRt tO this se-r--twom in the-
appropriate IGGal health OffiGials.
(G) ARY peF6QR who fails to pFovide the Rot-re FequiFed by this GeGtOGR is guilty of a
rA;sderAeaROF and shall be punished by a fiRe of not FneFe thaR twenty thausand dollars
a publir. agenGy, this subdivision shall not apply to any disrharge to land whiGh does- nIn-t
Fesult in a doGGharge to the wateFs of this state-.
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25140 of the Health and Safety Code, the state beaFd, 4R GGRSU!tat,*Gn with the IDepaFtFnePA-
PUFPoses of this r-,eGt*GR. The regulations shall be based OR what quaRtities should be
Fepar-ted beGause they Fnay pose a risk to publiG health aF the eRViFQRMent if disGharged 4-.--
gFGURd OF suFfaGe wat9F. RegulatiORS need not set FepeFtable quantities OR all listed
foF the of hazardous wastes and extFeFnely hazaFdaus wastes adopted by the
SeGtiaR 25i 00) Of DiViS*GR 20 Gf the Health and Safety Code. The Fegulcitions Gf the
of 1980, as aR;eRded (42 U.S.G. R-eer.. A-660-1 and fG"GW'*Rg) shall be iR effeGt fQF PUFPGses Of
(f) The state bGaFd shall adopt Fegulations establishing FqpeFtable quaRtitieS of sewage
purposes of this seGtiGR. The Fegulations shall be based eF; the quantities that sheuld be-
FepeFted beGause they Fnay pose a risk to publiG health 9F the enYiFQRFAeRt of doSGhaFged Ao--
"sewage"
Gode, a RGfiI,'IF;_Gat;_--. Made pursuant to this sertion shall satisfy any FnFnediat9 Retifiration
req ,iron in the permit
Article 7.5. MTBE Detection
116610. (a) This article shall be known, and may be cited, as the Local Drinking Water
Protection Act.
(b) For purposes of this article, "MTBE"means methyl tertiary-butyl ether.
(c) Commencing January 1, 1998, the State Department of Health Services shall
commence the process for adopting a primary drinking water standard for MTBE that
complies with the criteria established under Section 116275. The State Department of
Health Services shall establish a primary drinking water standard for MTBE on or before
July 1, 1999. The State Department of Health Services may, at its discretion, set primary
drinking water standards for other oxygenates.
(d) On or before July 1, 1998, the State Department of Health Services shall adopt a
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secondary drinking water standard that complies with the criteria established under
subdivision (d) of Section 116275 and that does not exceed a consumer acceptance level
for MTBE.
116612. On or before January 1, 1999, the California Drinking Water and Toxic
Enforcement Act Scientific Advisory Panel shall make a recommendation to the Office of
Environmental Health Hazard Assessment on whether MTBE should be listed as a
carcinogenic or reproductive toxin, as set forth in Section 12000 and following of Title 22 of
the California Code of Regulations.
SEC. 12. Section 13272.1 is added to the Water Code, to read.
13272.1. Each regional board shall publish and distribute on a quarterly basis to all public
water system operators within the region of the regional board, a list of discharges of
MTBE that occurred during the quarter and a list of locations where MTBE was detected in
the groundwater within the region of the regional board.
SEC. 13. Section 13274 is added to the Water Code, to read:
13274. An)�-(a) Notwithstanding any other provision of law, any public water system
regulated by the State Department of Health Services shall have the same legal rights and
remedies against a responsible party, when the water supply used by that public water
system is contaminated, as those of a private land owner whose groundwater has been
contaminated.
(b) For purposes of this section, "responsible party"has the same meaning as defined in
Section 25323.5 of the Health and Safety Code.
SEC. 14. This act shall become operative only if Senate Bill 1189 of the 1997-98 Regular
Session is also enacted and becomes effective on or before January 1, 1998.
LegWeb is a subscription service of Capitol WebWorks.
Phone:#800/372-7903 or#916/446-9849.
E-mail: capweb@Quiknet.com
9/18/97 10:32:37 AM
i' •
Contra Costa County Water Agency
Date: July 1, 1997
To: Board of Supervisors Water Committee
Supervisor Gayle B. Uilkema, Chair
Supervisor Joe Canciamilla
From: John Kopchik, Water Agency Staff
Re: Background on MTBE (a gasoline additive)
Following a recommendation from Supervisor Uilkema, the Contra Costa County Board of
Supervisors referred the issue of MTBE (methyl tertiary butyl ether) use to the Water Committee
for further discussion. The referral indicates that the Water Committee may consider developing a
recommendation to the full Board on the matter,possibly including a recommendation urging further
study of the problem.
Background on MTBE and its use as a gasoline additive: MTBE is a synthetic chemical in the
hydrocarbon family (it is also referred to as an oxygenate because it is used as an oxygen-adding
agent). It has been used as a gasoline additive since the 1970s. It was originally used to compensate
for the removal of lead from gasoline by boosting octane levels and reducing engine knocking.
MTBE use has increased more than twenty fold since that time, primarily due to: 1) 1990
amendments to the Federal Clean Air Act (provisions of which took effect in both 1992 and 1995)
which required the use of oxygenates in gasoline in cities with serious carbon monoxide problems;
and 2) the California Air Resources Board Cleaner Burning Gasoline Requirements, adopted in
1991 but in effect only since March 1, 1996, which contains specifications for gasoline that are
intended to reduce air pollution. Refineries have relied heavily on the use of oxygenates--MTBE
in particular--to meet these Cleaner Burning Gasoline Requirements. Gasoline sold in California
today contains about 11% MTBE by volume.
Benefits of MTBE use: The high oxygen content of MTBE promotes more complete combustion
of gasoline, thereby reducing emissions of carbon monoxide and other pollutants. MTBE also
contributes to reduced vehicle emissions by diluting other substances like sulfur,olefin,and benzene.
Likewise,MTBE is a key component of the overall Cleaner Burning Gasoline reformulation which
has well quantified benefits to emissions: ozone precursors reduced by 15%; carbon monoxide
reduced by 11%; sulfur dioxide reduced by 80%; benzene reduced by 50%; and 1,3-butadiene
reduced by 30% (emissions on formaldehyde and acetaldehyde actually increase by 30% and 5%
respectively due to MTBE use,but these chemicals are much less carcinogenic than benzene and 1,3-
butadiene). The California Air Resources Board asserts that the improvements of the Cleaner
Burning Gasoline program are equivalent to removing emissions from 3.5 million vehicles. They
further assert that, without MTBE, production of clean fuels would decrease 50%. Production
capacity could possibly be restored through the construction of additional processing equipment at
refineries,but these improvements could significantly increase the cost of gasoline to consumers.
Oil refineries have found MTBE to be an effective gasoline additive because it dissolves easily in
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gasoline,effectively increases gasoline volume,increases octane, dilutes unwanted components, and
depresses distillation temperatures. It is believed that most refiners would continue to use MTBE
even if oxygenation requirements were not in effect.
Problems with MTBE use: The two main problems with MTBE use can be summarized as follows:
1)MTBE has a tendency to persist and to travel in the environment; and 2)MTBE may carry health
risks of its own.
Unlike other hydrocarbons, MTBE is very soluble in water and is not readily trapped by soils.
Likewise, MTBE is resistant to biodegradation and persists for some time in water(it does degrade
in water,but it is not yet clear how fast--we do know that MTBE has an approximate lifetime of 4
days in the air). MTBE has been detected in the air, in groundwater, and in surface water.
Approximately 43 tons of MTBE per day were released to the air in California in 1996,primarily
by combustion and/or evaporation of gasoline. The primary source of MTBE in groundwater is
believed to be leaking underground gasoline storage tanks, while the primary source of MTBE in
surface water is believed to the use of gas-powered boats on these surface waters. Rainfall can
dissolve atmospheric MTBE or mobilize MTBE deposited on roads and elsewhere, but
concentrations of MTBE detected in stormwater thus far have been relatively low.
The U.S. EPA has listed MTBE as a"Possible Carcinogen,"based on limited data from experiments
on animals(no data for humans exist),but the actual human effects are still uncertain. Preliminary
experiments on inhalation risks indicate that MTBE may be carcinogenic, but it has an estimated
potency that is approximately 200 to 1000 times weaker than benzene or 1,3-butadiene. Risks
associated with MTBE in drinking water are also somewhat uncertain. The U.S. EPA issued a draft
Lifetime Health Advisory of 70 ppb for drinking water in 1996. The California Office of
Environmental Health Hazard Assessment had previously recommended an"action level'of 35 ppb,
but is waiting to revise and/or finalize this figure until the EPA has concluded its research. Recent
research indicates that MTBE in drinking water may be detected by odor at levels as low as 15 ppb,
indicating that any standards ultimately developed for MTBE in drinking water may be driven more
by aesthetics than by risk. Reports of acute or short term effects due to inhaling MTBE have not
been confirmed, despite detailed investigations in Alaska and Milwaukee, a literature review by the
National Academy of Sciences, and empirical studies on humans in sealed chambers. Ecological
impacts of MTBE are not known,but the compound does not appear to bioaccumulate.
Currently, it appears that MTBE poses a greater threat in the air than in the water. The ambient
concentration of MTBE in the air in California is 2 ppb. The estimated potential risk associated with
a lifetime exposure to this concentration of air-borne MTBE is estimated to be one extra cancer case
per million people. MTBE in drinking water would pose an equivalent risk if the average
concentration of MTBE consumed over a lifetime were 70 ppb. However, of the 2017 drinking
water sources sampled to date in California,only 26 contained detectable levels of MTBE. Of these,
only three(a Santa Monica aquifer,Lake Shasta[samples near houseboat marinas], and Marysville
aquifer) have reported levels above 70 ppb. San Pablo Reservoir is the only reservoir in Contra
Costa County in which MTBE has been detected. The highest level reported there is 5.5 ppb. In
places like Santa Monica where MTBE has caused major problems (the city had to discontinue use
of its aquifer and purchase water from an outside sour"te at a cost of$5 million per year), the
contaminated water source was generally in very close proximity to a large sources of MTBE (the
Santa Monica aquifer is crossed by an old oil pipeline and is surrounded by underground tanks).
2
1
,X
e' w
However, it is possible that the relative risk of water-borne MTBE will increase over time if the
lifetime of MTBE in water is very long. If this turns out to be the case, then one would need to be
concerned that reservoir concentrations will continue to increase or that MTBE in shallow
groundwater(which receive the brunt of most tank leakage)will last long enough to somehow reach
the deeper aquifers from which municipal water supplies are often pumped.
Problems with discontinuing MTBE use: Despite concerns with the health risks posed by MTBE,
discontinuing the use of this additive could pose additional problems. To begin with, the health and
environmental benefits of MTBE may outweigh its disadvantages. The Air Resources Board has
estimated that Cleaner Burning Gasoline, of which MTBE is a key component, has reduced the
overall carcinogenic potency of gasoline by 40%. The reason for this is that the benefits of reducing
strong carcinogens like benzene and 1,3-butadiene are greater than the risks of increasing other
weaker carcinogens like formaldehyde, acetaldehyde, and MTBE (based on our current
understanding of MTBE's carcinogenic potency). Second, though alternatives to MTBE do exist,
even less is known about the health effects of these other oxygenates. Third,the oil producers in this
state have designed their refineries around the use of MTBE, and a substantial change to this practice
could have significant costs.
Upcoming research/actions related to MTBE: Many studies on many aspects of this issue are
currently underway. Lawrence Livermore Lab is conducting studies on the transport of MTBE in
the environment, and a final report is due in March 1988. The State Department of Health Services
has required public drinking water systems to monitor their water sources for MTBE (so far, 2017
of approximately 11,000 sources in the state have been sampled). Many studies are underway on
the acute and chronic health effects of MTBE, and the EPA is working to revise/finalize both the
MTBE cancer potency number and the health advisory figure for water-borne MTBE. The State
Legislature has also introduced new legislation on this topic. The four bills currently under
discussion are: 1) SB 521 (Mountjoy) which mandates study of MTBE risks and benefits, and
directs the Department of Health Services to hold public hearings and,possibly,ban MTBE if it is
.determined to pose a significant risk( appropriates money from the state's Underground Tank
Cleanup Fund); 2) SB 775 (Johannessen)which require the Air Resources Board to study the health
effects of MTBE; 3) SB 1189 (Hayden)which would require the Department of Health Services to
establish a drinking water standard for MTBE; and 4) AB 592 (Kuehl) which would require the
Department of Health Services to establish 2 drinking water standards--one for health and one for
taste and odor.
Staff recommendation: Support efforts to learn more about MTBE and continue to monitor this
issue. If members wish to consider taking a position on the use of MTBE, staff recommends that
additional information be gathered and, if possible, that experts in this area be consulted.
Attachments:
• California Environmental Protection Agency briefing paper on MTBE (6/2/97)
• MTBE Public Information Packet,prepared by Assoc. of California Water Agencies (5/97)
H:\\jkopc-old\mtbemem.j97
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