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HomeMy WebLinkAboutMINUTES - 04201999 - SD3 Ontr d TO: BOARD OF SUPERVISORS •'w - '. CSr FROM: TRANSPORTATION, WATER & INFRASTRUCTURE County COMMITTEE Supervisor Donna Gerber, Chair Supervisor Mark DeSaulnier DATE: April 2U, 1999 SUBJECT: REPORT FROM TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE ON GOVERNORS ACTIONS AND LEGISLATION REGARDING MTBE IN GASOLINE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. AUTHORIZE Chair to sign a letter to the Governor supporting recent actions taken in his executive Order to phase out MTBE in gasoline, specifically encouraging phase out within the prescribed two years or earlier, and encouraging full research and assessment of oxygenates prior to selection of any MTBE substitutes. 2. AUTHORIZE Chair to sign letters to local refiners indicating County support of the Governors two-year phase out, encouraging earlier removal of MTBE if possible, while continuing to comply with current air quality regulations. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDAT1.0C?N OFCOUNT1t ADMINISTRATOR � RECOMMENDATION OF BMD COMMITTEE �� APPROVE OTHER SIGNATURES : SUPERVISOR DO"A GERBER SUPERVISOR MARFC DESAULNIER ACTION OF BOARD ON An r i 1 2 0 . 9 APPROVED AS RECOMMENDED xx OTHER XX IT IS BY THE BOARD ORDERED that the above recommendations are APPROVED; and DIRECTED that the Hazardous Materials Commission be notified that their correspondence was received, and the Board was responding to their concerns. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE x_xUNANIMOUS (ABSENT - - AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE ABSENT:-ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberts Goulart (926-335-1226) ATTESTED April 2 0, 1999 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Administrator's Office THE BOARD OF SUPERVISORS AND COUNT' ADMINISTRATOR BYe � "` , DEPUTY -2- 3. SUPPORT the following state and federal legislation related to MTBE; and AUTHORIZE Chau to sign letters of support to legislative sponsors; SB 989 Sher; Pollution. groundwater; MTBE Includes two-year phase out of MTBE, new groundwater monitoring requirements, a multi-media approach to research of additives, with comprehensive environmental review and public participation. S286 Feinstein„ Amends the dean Air Act allowing California to use its own reformulated gasoline requirements as long as emissions are less or equal to federal Clean Air Act standards. (applies CA only) 5645 Feinstein; Allows US EPA to waive the 2% reformulated gasoline oxygenate requirement of the Clean Air Act in any state where no greater emissions occur. (applies to all states) 5287 Feinstein; Provides highest priority to releases of petroleum in drinking water in the underground storage cleanup program. 5288 Feinstein; Moves up the time line for implementation of US EPA program for watercraft engine exhaust emission requirements from the year 2006 to 2001. FJSC�AL IMPACT There is no financial impact to the County associated with the above actions. BACK!GRC3UNDLREMONS F, -RECQMMENQT1 IONS In order to comply with federal air quality regulations, oxygenates have been required since 1992 as part of gasoline reformulation. Under the federal Clean Air Act, areas in violation of ambient air quality standards for carbon monoxide are required to provide oxygenates in gasoline in winter. In California, at this time, non- attainment areas include Southern California, and the Sacramento metropolitan area. Although there are several oxygenates, MTBE was widely chosen due to availability, cost, and because it was already being used in small quantities, replacing lead in higher grades of gasoline. Where use of MTBE has benefitted air quality, unfavorable impacts have occurred to water supplies, resulting in contamination of groundwater in some areas, and MTBE has been identified in surface water supplies. The Association of Water Agencies (ACWA), in a background report states that "the South Tahoe Public Utility District has been forced to close 13 of its 34 drinking water wells due to MTBE contamination or the threat of contamination. Public drinking water wells have been closed in Santa Monica, San Jose and Sacramento. Some water districts have unposed or are considering imposing restrictions on recreation at surface water reservoirs to reduce the release of MTBE from two-stroke engines.,' "There i currently no cost-effective treatment technology available to remove MTBE from drinking water." -3- Late in 1997, legislation was enacted (58521) sponsored by Mountjoy, which among other things, required the University of California to study and assess human health and environmental risks and benefits associated with MTBE use and to submit this assessment by ,January 1, 1999. Other legislation enacted in 1998 allocated funding for cleanup of areas contaminated by MTBE, water purchases and review of potential treatment methods. The Health and Environmental Assessment of MTBE, commissioned by the 1997 Mountjoy legislation was completed late last year. After the close of the public comment in March, 1999, the Governor acted in accordance with the results of this study to phase MTBE out of the gasoline reformulation process. The study reports that there are significant risks and costs associated with water contamination due to the use of MTBE. MTBE is highly soluble in water and will transfer readily into groundwater from gasoline leaking from underground storage tanks, pipelines and other components of the gasoline distribution system. In addition, the use of gasoline containing MTBE in motor boats, in particular those using older 2-stroke engines, results in the contamination of surface water reservoirs... it is clear we are placing our limited water resources at risk by using MTBE". The report also states that the use of either non-oxygenated reformulated gasoline or ethanol as an oxygenate would lower risk to water supplies, and that non-oxygenated gasoline achieves air quality benefits at the least cost, followed by reformulated gasoline with ethanol. The Govemor°s Executive Carder, dated March 25, 1999 finds that MTBE in gasoline in California poses a significant risk to the environment, and takes several actions, including convening a task force of relevant agencies to implement the order, a request for waiver to US EPA, waiving the federal Clean Air requirement for oxygen content in reformulated gasoline as well as support of Legislation (Bilbray/Feinstein bill) for a permanent waiver. The Governors Order requires MTBE phase-out by December 31, 2002 latest. The California Air Resources Board (CARR) is required to adopt phase 3 reformulated gasoline standards. Adequate posting of products containing MTBE, establishment of priorities for clean-up of contaminated areas and methods to increase clean-up funding are also required. MTBE is a suspected carcinogen. US EPA has issued a health advisory for MTBE of 20-401 ppb, and commissioned a panel of experts to report on safety of oxygenates as part of reformulated gasoline. The California Department of Health Services has set secondary standards for MTBE taste and odor at 5 ppb, and is expected to set primary standards this year. The California Air Resources Board (GARB), according to Richard Vincent (staff), has been involved in revision of state regulations relative to the composition of gasoline, in order not to hinder refiners ability to reduce MTBE. GARB has been active in promoting technical changes to the process, to allow enough gasoline production, without making gasoline dirtier. GARB has been involved in reducing, where possible, the need for oxygenates in areas of California where federal ambient air quality standards are being met. Mr. Vincent has stated the CARE will continue to work with the federal government (in accordance with the Governors order) on waivers for those areas in violation of the federal standard. The Contra Costa Water District (CCWD) has supported bills banning MTBE in the past. The East Bay Municipal Utility District (EBMUD) has taken action to eliminate 2-cycle engines by ,January 1, 2000, and elimination of all gas engines January 1, 20012 at San Pablo Reservoir. ESMUD had also requested the Governor to remove MTBE from gasoline. -4- Chevron Corporation recently released a plan, in conjunction with Senator Feinstein, to immediately reduce MTBE from gasoline by ane-half, once Senator Feinstein's legislation (waiving federal Clean Air requirements) is passed. Chevron states that MTBE could be eliminated within 2 years if key conditions are met. State legislation is needed for a complete state-wide phase-out of MTBE two years after Feinstein/Bilbray or other legislation becomes effective. Chevron, which already produces non-oxygenated gasoline, believes that it will take four years or more to phase out MTBE without appropriate legislation, and related fast-track coordination. MTBE LEGISLATION INTRODUCED IN 1999 A number of bills have been introduced this year, at both the state and federal levels. At the state level, five bills have been introduced, four prohibiting the sale of MTBE, (AB 129 Miler, SB 241 Mountjoy, SB 272 Leslie, and SB 192 Perata) perhaps rendering these bills useless (unless amended) in light of the governor's recent action. The fifth bill, SB 989, sponsored by Byron Sher, calls for phase-out of MTBE over two years (consistent with the governor's action), establishment of new groundwater monitoring requirements, a more direct `multi-media' approach to research and use of gasoline additives, with a comprehensive review and public hearing process. The Association of California Water Agencies (ACWA) has been working very closely with Senator Sher on this legislation, and believes this bill to be the most likely vehicle for implementation of the governor's Executive {girder. Federal legislation introduced by Senator Feinstein include S 256, which would amend the federal Clean Air Act, allowing California to use its state clean/reformulated gasoline requirements as long as reductions in air emissions are greater or equal to federal standards. The companion bill in the House is HP 11, sponsored by Brian Bilbray. The second bill, S 645, would allow US EPA to waive the % reformulated gasoline oxygenate requirement of the Clean Air Act in any state where no greater emissions occur. S 267 gives releases of petroleum into drinking water highest priority in the underground storage cleanup program. S 268 moves up (from 2406 to 2001) implementation of a US EPA program dealing with watercraft engine exhaust emission requirements. CA Home Page:Governor Gray Davis-Executive... Page 1 of 3 jot IF Executive Order EXECUTIVE DEPARTMENT STATE OF CALIFORNIA ,, EXECUTIVE ORDER D-,5.99 ----------------- by the Governor of the,tate of California WHEREAS,the University of California prepared a comprehensive report on the"Health and Environmental Assessment of Methyl Tertiary-Butyl Ether(MTBE)"which has been peer reviewed by the Agency for Toxic Substances and Disease Registry and the Unites States Geological Survey and other nationally recognized experts; WHEREAS,the university of California report was widely available for public review and written comment,including hearings in northern and southern California to receive public testimony; WHEREAS,the findings and recommendations of the U.C.report,public testimony,and regulatory agencies are that,while MTBE has provided California with clean air benefits,because of leaking underground fuel storage tanks MTBE poses an environmental threat to groundwater and drinking water; NOW,THEREFORE,1,GRAY DAVIS,Governor of the State of California,do hereby find that"on balance,there is significant risk to the environment from using MTBE in gasoline in California"and, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California,do hereby issue this order to become effective immediately: 1.The Secretary for Environmental Protection shall convene a task force consisting of the California Air Resources Board,State Water Resources Control Board, Office of Environmental Health Hazard Assessment,California Energy Commission and the Department of Health Services for the purpose of implementing this Order. 2.On behalf of the State of California,the California Air Resources Board shall make a formal request to the Administrator of the U.S. Environmental Protection Agency for an immediate waiver for California cleaner burning gasoline from the federal Clean Air Act requirement for oxygen content in reformulated gasoline. PAGE TWO 3/30/99 10:18:33 AM CA Home Page:Governor Gray Davis-Executive... }gage 2 of 3 3.The California Environmental Protection Agency shall work with Senator Feinstein and the California Congressional Delegation to gain passage of Senate Bill 645.This legislation would grant authority to the Administrator of the U.S.Environmental protection Agency to permanently waive the Clean Air Act requirements for oxygen content in reformulated gasoline to states such as California that have aftemative gasoline programs that achieve equivalent air quality benefits. 4.The California Energy Commission(CEC),in consultation with the California Air Resources Board,shall develop a timetable by July 1,3998 for the removal of MTBE from gasoline at the earliest possible date,but not later than December 31,2002.The timetable will be reflective of the CEC studies and should ensure adequate supply and availability of gasoline for California consumers. 5.The California Air Resources Board shall evaluate the necessity for wintertime oxygenated gasoline in the Lake Tahoe air basin. The Air Resources Board and the California Energy Commission shall work with the petroleum industry to supply MTBE-free Califomla-compliant gasoline year around to Lake Tahoe region at the earliest possible date. 6.By December 1989,the California Air Resources Board shall adopt California Phase 3 Reformulated Gasoline(CaRFG ) regulations that will provide additional tiexibiTity in lowering or removing the oxygen content requirement and maintain current emissions and air quality benefits and allow compliance with the State implementation plan(Sip). 7.In order that consumers can retake an informed choice on the type of gasoline they purchase,l am directing the California Air Resources Board to develop regulations that would require prominent identification at the pump of gasoline containing MTBE. 8.The State Water Resources Control Board(SWRCS),in consultation with the Department of Water Resources and the Department of Health Services(DHS),shall expeditiously prioritize groundwater recharge areas and aquifers that are most vulnerable to contamination by MTBE and prioritize resources towards protection and cleanup.The SWRCB,in consultation with DHS, shall develop a clear set of guidelines for the investigation and cleanup of MTBE in groundwater at these sites. 9.The State Water Resources Control Board shall seek legislation to extend the sunset date of the underground Storage Tank Cleanup Fund to December 31,2010.The proposed legislation would increase the reimbursable limits for MTBE groundwater cleanups from$1 million to$1.5 million. PAGE THREE 10.The California Air Resources Board and the State Water Resources Control Board shall conduct an environmental fate and transport analysis of ethanol in air,surface water,and groundwater. The Office of Environmental Health hazard Assessment shall prepare an analysis of the health risks of ethanol in gasoline,the products of incomplete combustion of ethanol in gasoline,and any 3130199 10.18:37 AM CA Horne Page:Governor Gray Mavis-Executive... Page 3 of 3 resulting secondary transformation products.These reports are to be peer reviewed and presented to the Environmental Policy Council by December 31, 1989 for its consideration. 11.The California Energy Commission(CEC)she#evaluate by December 31, 1989 and report to the Governor and the Secretary for Environmental Protection the potential for development of a California waste-based or other biomass ethanol industry.CEC shall evaluate what steps,if any,would be appropriate to foster waste-based or other biomass ethanol development In California should ethanol be found to be an acceptable substitute for MTBE. IN WITNESS WHEREOF l have hereunto set my hand and caused the Great Seal of the State of California to be affaed this 25th day of March 1999. 3 t, a Governor of California I ATTEST: l I � } r Secretary of State I Gray&Sharon j Budget j eoistative A-,enda j press Releases ntl ses j Adntstratlon j judicial Applications j Setect 4 Speeches j Newsletter j Contact the Governor j ,General Comments Technical_Comments Last Updated:March 25,1999 3/30/99 10:18:37 AM SB 989 Senate-Bili-INTRODUCED Page 1 of 3 F►p e .Com F���t L9 a tss sa to SEARCH MR-LEGISLATION xi* say~*# p y f t#C�y[d�HEARI N LOO SCHEDULES ' LES -4 8E 31611F. 110 C NTOL TCs>�AY 91HER ONUNEIRESOURCEa BILL NUMBER:SS 989 INTRODUCED INTRODUCED BY Senator Sher (Principal coauthor:Senator Hayden) (Coauthors:Senators Figueroa,Ortiz,and Soils) (Coauthors:Assembly Members Aroner,Keeley,Longvllle,Romero,Steinberg,and Strom-Martin) FEBRUARY 26,1989 An act to amend Section 43830.8 of;and to add Sections 25292.4,43013.1,and 43830.9 to,the Health and Safety Cade, and to amend Section 13752 of the Water Code, relating to pollution. LEGISLATIVE COUNSELS DIGEST SB 989, as introduced, Sher. Pollution:groundwater: MTBE. (1)Existing law specifies monitoring requirements for underground storage tanks installed on or before January 1, 1984. This bill would require an operator of an underground storage tank to install an environmental monitoring system at every operating underground storage tank facility located In a vulnerable groundwater area,as described in the bill. Because other existing law would make a violation of this requirement a crime,the bill would impose a state-mandated local program. (2)Existing law authorizes the State,Air Resources Board,among other things,to adopt and implement motor vehicle fuel specifications for the control of air contaminants and sources of air pollution, as specified. Existing law, however, prohibits the state board from adopting any regulation that requires the addition of any oxygenate to motor vehicle fuel unless the regulation is subject to multimedia rulemaking,as defined in existing law. This bill,instead,would prohibit the state board from adopting any regulation that requires the addition of any oxygenate to motor vehicle fuel unless the regulation is subject to a multimedia evaluation conducted by the California Environmental Policy Council.The bill would define"multimedia evaluation"for purposes of the bill and would specify procedures for the evaluation process. The bill would authorize the Secretary for Environmental Protection,in consultation with the state board,the State Water Resources Control Board,and regional water quality control boards,to phase out the use of MTBE on a regional basis on a date before January 1,2002, if the secretary determines that the phase out will not adversely affect this price or supply of gasoline in the region in which the phase out will occur.The bill would require the state board, not later than January 1,2002, to make any changes to the formulation of gasoline necessary to ensure that it provides the equivalent,or greater,air quality and public health benefit as gasoline formulated with MTBE.The bill would make it a misdemeanor for any person to sell gasoline containing MTBE or any other ether-based oxygenate on or after January 1,2000 By creating a new crime,this bill would impose a state-mandated local program. (3)Existing law requires a person who digs, bores, or drills a water well,cathodic protection well,or a monitoring well,or abandons or destroys a well,or deepens or reperforates a well,to file a report of completion with the Department of Water Resources within 30 days after the construction or alteration is completed. Under existing law,those reports may not be made available to the public,except to a person who obtains a written authorization from the owner of the well. This bill would also allow a person performing an environmental cleanup study under order from a regulatory agency to obtain a report. (4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 3/31199 2:04:59 PM SB 989 Senate Bill-INTRODUCED Page 2 of 3 Vote:majority.Appropriation:no. Fiscal committee:yes. State-mandated local program:yes. THE PEOPLE OF THE STATE OF CALIFORNIA CO ENACT AS FOLLOWS. SECTION 1.Section 25292.4 is added to the Health and Safety Code,to read: 25292.4.(a)For purposes of this section,a"vulnerable groundwater area"includes any of the following: (1)A groundwater area designated as vulnerable in a regional board's water quality control plan. (2)The delineated 10-year time of travel area around a public water supply well for which a drinking water source assessment has been completed. (3)A one-half mile radius around a drinking water supply well when a vulnerable area has not been defined for the well in accordance with paragraph(1)or(2). (b)On or before September 1,2000,an environmental monitoring system shall be installed by the underground storage tank operator at every operating underground storage tank facility located in a vulnerable groundwater area.The monitoring system shall consist of one of the following: (1)No fewer than two groundwater monitoring wells if groundwater is within 45 feet of the surface.The number,location, and depth of the monitoring wells shall be sufficient to detect any unauthorized release from any portion of the underground storage tank system at the earliest possible opportunity. Monitoring wells shall be located as close as possible to the underground storage tank or the perimeter of the underground storage tank cluster,subject to the review and approval of the local agency.The operator shall follow all applicable board regulations for installing monitoring wells. (2)No fewer than two vadose zone vapor monitoring points if groundwater is more than 45 feet below the surface.The number,location,and depth of the vapor monitoring points shall be sufficient to detect any unauthorized release from any portion of the underground storage tank system at the earliest possible opportunity.The operator shall follow all applicable board regulations for installing vapor monitoring points. (c)The operator shall conduct quarterly groundwater or vapor monitoring,as applicable, and shall report all monitoring results to the local agency within 30 days.All groundwater and vapor samples shall be analyzed by field or laboratory analysis as approved by the local agency. SEC.2.Section 43013.1 is added to the Health and Safety Code,to read: 43013.1.(a)No person shall sell gasoline containing methyl tertiary butyl ether(MTBE)or any other ether-based oxygenate on or after January 1,20032.A violation of this subdivision is a misdemeanor. (b)The Secretary for Environmental Protection;in consultation with the state board,the State Water resources Control Board, and regional water quality control boards, may phase out the use of MTBE on a regional basis on a date before January 1,2002,if the secretary determines that the phase out will not adversely affect the price or supply of gasoline in the region in which the phase out will occur. (c)Not later than January 1,2002,the state board shall make any changes to the formulation of gasoline necessary to ensure that it provides the equivalent,or greater,air quality and public health benefit as gasoline formulated with MTBE. SEC.3. Section 43830.8 of the Health and Safety Code is amended to read: 43830.8.(a)The state board may not adopt any regulation that requires the addition of any oxygenate to motor vehicle fuel unless the regulation is subject to multimedia fwlarnaKwg ev&1uation conducted by the California Environmental Policy Council established pursuant to subdivision(b)of Section 71017 of the Public Resources Code. (b)As used in subdivision(a),"multimedia rriakO"valuation"means 009FGH bore of the GOW-0-il as is AGGessa., — 1-- he identiifcation and evaluation of any significant adverse o-impacts on air,water,or soil that could result from the use of the oxygenate. The evaluation shall be based on the best available scientific data, written comments submitted by any interested person,and information contained in the state board's rulemaking record for the subject regulation. The council shall complete the evaluation within 90 calendar days following notice from the state board that it intends to adopt the regulation. The council shall make af/information relating to the evaluation available to the public. (c),A multimedia evaluation shall be conducted pursuant to subdivision(a)for any regulation in effect on January 1, 2000, that requires the addition of an oxygenate to motor vehicle fuel,if an evaluation is requested by any member of the council or by any standing, select, orjoint committee of the Legislature. 31.31199 2:04:59 PM SB 989 Senate Bill-INTRODUCED Page 3 of 3 SEC.4. Section 43630.9 is added to the Health and Safety Code,to read: 43830.9. (a)If a multimedia evaluation conducted pursuant to Section 43830.8 determines that the addition of a particular oxygenate to motor vehicle fuel,as authorized by an existing or proposed regulation, has resulted in, or is likely to result in, significant adverse impacts on air,water,or soil,including contamination of surface water or groundwater used for drinking water,the council shall notify the state board in writing. (b)Within 60 days of receiving notification from the council of a determination of adverse impacts,the state board shall either consider and adopt revisions to the existing or proposed regulation to avoid the adverse impacts or show cause why the regulation should not be revised.The state board shall submit a written response to the council describing any revisions adopted or showing cause why the regulation should not be revised. (c)The council shall review and consider the state board's response,and within 30 days shall determine whether the revisions to the existing or proposed regulation are sufficient to avoid adverse impacts or whether the state board has shown cause why the regulation should not be revised.In the case of an existing regulation, or a proposed regulation that is adopted by the state board,if the council determines that the revisions are not sufficient or that the state board has not shown cause why the regulation should not be revised,it shall recommend to the Governor that the regulation be repealed. (d)The Governor,within 30 days of receiving the council's recommendation, may sustain or overrule the recommendation of repeal. If the recommendation is sustained,the Governor may direct the Office of Administrative Law to prepare an order of repeal of the regulation and transmit it to the Secretary of State for filing, If the recommendation is overruled,the regulation shall remain in effect. If the Governor does not sustain or overrule the recommendation of repeal within 30 days of receiving the council's recommendation,the regulation shall remain in effect. SFC. 5. Section 13752 of the Water Code is amended to read: 13752. Reports made in accordance with paragraph(1)of subdivision(b)of Section 13751 shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies. However, any report shall be made available to any person performing an environmental cleanup study under order from a regulatory agency or to any person who obtains a written authorization from the owner of the well. SFC.6. Nothing in this act shall abrogate,limit,or restrict any right to relief under any theory of liability that any person or any state or local agency may have under any statute or common law for any injury or damage,whether to person or property, including any legal,equitable, or administrative remedy under federal or state law, against any party,with respect to methyl tertiary butyl ether(MTBE). SEC.7. No reimbursement is required by this act pursuant to Section 6 of Article XII€B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction,or changes the penalty for a crime or infraction,within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. 800/372-7903-Toll-Free Telephone 9161446-9849-Sacramento Local Telephone ' s 916/612-2040-24 Hour 17 Day PageNoice Mail leowebtbcanweb.com-Email 3/31/99 Z:Q4:59 PM acl06HYQnGS at ftmes.loc.gov Page l of 2 S 64515 106th CONGRESS 1st Session S.645 To amend the Clean Air Act to waive the oxygen content requirement for reformulated gasoline that results in no greater emissions of air pollutants than reformulated gasoline meeting the oxygen content requirement. IN THE SENATE OF THE UNITED STATES March 17,1999 Mrs. FEINSTEIN introduced the following bill;which was read twice and referred to the Committee on Environment and Public Works A BILL —._...�. __..._.�...�_ To amend the Clean Air Act to waive the oxygen content requirement for reformulated gasoline that results in no greater emissions of air pollutants than reformulated gasoline meeting the oxygen content requirement. Be it enacted by the Senate and Nouse of Representatives of the United States of America in Congress assembled, SECTION 1e WAIVER OF OXYGEN CONTENT REQUIREMENT FOR CERTAIN REFORMULATED GASOLINE. Section 211(k)(2)(B)of the Clean Air Act(42 U.S.C.7545(k)(2)(8))is amended– (1)in the first sentence, by striking'The oxygen"and inserting the following: '(i)REQUIREMENT-The oxygen'; and (2)in the second sentence-- (A)by striking'The Administrator'and inserting the following: '(li)WAIVERS-The Administrator; (8)by striking'area upon a°and inserting the following:'area– '(I)upon a`; (C)by striking the period at the end and inserting';or;and (I0)by adding at the end the following: '(11)if the Administrator determines, by regulation,that reformulated gasoline that contains less than 2.0 percent by weight oxygen and meets ail other requirements of this subsection will result in total emissions 3/30199 5:11:24 PM wcl O6HYQnGS at thomas.loc.gov Page 2 of 2 of ozone forming volatile organic compounds and toxic air pollutants,respectively,that are not greater than the total emissions of those compounds and pollutants resuffing from reformulated gasoline that contains at least 2.4 percent by weight oxygen and meets all other requirements of this subsection.'. END 3/34!99 5:11:25 PM Sill Summary&Status Page 1 of 1 BN Summary&Status for the 106th Congress !tear 4 of 9 PREVIOUS SfLL:DfCEST!/+NEXT SILL.DtGEST 5.266 SPONSOR:Sen Feinstein, Dianne(introduced 01/20/99) SUMMARY: (AS INTRODUCED) Amends the Clean Air Act to allow reformulated gasoline rules of States for which a certain waiver is in effect(permitting them to enforce State motor vehicle emissions standards)to apply in an ozone nonattainment area in lieu of Environmental Protection Agency-promulgated requirements K the State rules will achieve reductions in the aggregate mass of emissions of toxic air pollutants and the aggregate mass of emissions of ozone-forming compounds at least as great as would result from application of the Federal requirements. 3/31/99 1:27:03 PM Bill Summary&status Page 1 of 1 861#Summary&Status tior the 106th Congress Item I of 1 PREVIOUS BILI :DIGEST I NEXT BILL.BIGEST NEW SEARCH I ffOME I HELP I ABOUT DIGESTS 5.287 SPONSOR: �enFein8tein,_Dianne(introduced 01120199) SUMMARY: (AS INTRODUCED) Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency,in issuing corrective action orders to owners or operators of underground storage tanks,to give highest priority to releases of petroleum into drinking water that pose a threat to human health or the environment. 3/31/99 1:30:47 PNB Sill Summary&Status Page 1 of 1 BILI Summery&Status for the 106th Congress Item 1 of f PREVIOUS BILL DIGEST[NEXT BILLDIGEST No SIrARCFi ©ME(�I ABOUT I_iGESTS 5.288 .—.._._.__. SPONSOR: Sen Fp nstein. Dianne(introduced 01/20/99) SUMMARY: (AS INTRODUCED) Applies the final Environmental Protection Agency(EPA)rule under the Glean Air Act regulating exhaust emissions from new spark-ignition gasoline marine engines to engines manufactured for model year 2001. Directs the EPA Administrator to amend such rule to require manufacturers to place labels on the engine cowling or the hull of a personal watercraft powered by such an engine that indicate the emission level of the engine relative to that of similar engines by identifying the engine as low emission,very low emission,or ultra low emission. 3/31/99 1:34:15 PM The Board of Supervisors Contra Phil Batchelor � C;erk of the Board and Costa County Administration Btii1dingcounty Administrator 65`l Pine Street, Room 106 (925)335-1900 Martinez. California 94553-1293 County John Gloia; 1110Istrict Gayle B.Uititerna,2111 District Donna Gerber, 21" District Marc besauinier, 41", District ' )f- Joe f Joe Cancia ilia, 5", District # we April 20, 1999 W.D. Steelman, General Manager Chevron Products Co. Chevron Richmond Refinery 841 Chevron Way Richmond, CA 94801.0627 Dear W. Steelman: Today the Contra Costa County Board of Supervisors voted to convey support of the actions outlined in governor Gray Davis' March 25, 1999 Executive Order calling for the earliest possible phase-out of the gasoline oxygenate MTBE, and to encourage full research and assessment of oxygenates prior to selection of any MTBE substitutes. The Board also wished to communicate support of this action to refiners within Contra Costa County, and to specify that an earliest possible phase-out should include continued adherence to air quality standards. While the Board supports these actions, it is important to recognize the level of coordination that will be necessary in order to complete this process within the two year time frame, (or sooner), and the burden it places upon the refiners. We realize that implementation of appropriate legislation is an important first step in order to revise laws which limit the ability of refiners to eliminate MTBE. For these reasons, the County supports SB 989 sponsored by Byron Sher, - which is consistent with the Executive Carder, and may be a helpful implementation vehicle at the state level. The County also supports S 266, 5645, 5267 and 5268 by Senator Feinstein, which together, brew down federal barriers to California's use of its own clean air laws, and makes MTBE cleanup a priority. The Board believes elimination of MTBE cannot have the effect of diminishing air quality. The Board appreciates your timely response to this very real threat to the quality of our water supplies. If you have questions, please contact Roberta Goulart at (925) 335-1226. Sincerely, I e anciamilla air t 4 The Board of SupervisorspetvtSor Phil Batcheloro Cie*of the Board Costaand CC;�n$y At�?7linlS$r8$If7rt B:13IdEr3Cc�:nty Adminis?razor 651 Rine Street, Room 136 4szs}3ss-sato Martinez, alifornia 94553-1233 o��� John Giala, V'District Gayle B.Uilkerna,2m Cistrict Donna Gerber, 31d District - ' - Mark De5aulnier, 4t° Dlstdct j qtr .Ise Canclamtlla, 51-`Dist:-ict # �, wry' April 20, 1999 Mr. Chuck Flagg Senior Vice President Shell Oil Products Co. P 0 Box 711 Martinezz, CA 94553 Dear Mr. Flagg: Today the Contra Costa County Beard of Supervisors voted to convey support of the actions outlined in Governor Cray Davis' March 25, 1999 Executive Order calling for the earliest possible phase-out of the gasoline oxygenate MTBE, and to encourage full Tesearch and assessment of oxygenates prior to selection of any MTBE substitutes. The Board also wished to communicate support of this action to refiners within Contra Costa County, and to specify that an earliest possible phase-out should include continued adherence to air quality standards. While the Board supports these actions, it is important to recognize the level of coordination that will be necessary in order to complete this process within the two year time frame, (or sooner), and the burden it places upon the refiners. We realize that implementation of appropriate legislation is an important.first step in order to revise laws which limit the ability of refiners to eliminate MTBE. For these reasons, the County supports SB 989 sponsored by Byron Sher, _ which is consistent with the Executive Order, and may be a helpful implementation vehicle at the state level. The County also supports S 266, 5645, S267 and 5268 by Senator:Feinstein,which together, break down federal barriers to California's use of its own clean air laws, and.makes MTBE cleanup a priority. The Board believes elimination of MTBE cannot have the effect of diminishing air quality. The Board appreciates your timely response to this very real threat to the quality of our water supplies. If you have questions, please contact Roberta Ooulart at(925) 335-1226. Sincerely, r e am i a it The Board of Supervisors Phil Batchelor Contra 06fk of the Board Costae County Administration Building Courty Administrator 551 Pine Street, Room 106 ��� tsz�; Martinez, California 94553-':293 Joan Glota, 1,'District Gayle B.Ulikerna,21'District Donna Gerber, 3'' District � Mark DeSaulnier, 411' District Joe Canciamilla, 5"- [district April 20, 1999 Larry Ziemba,Refinery Manager Tosco Refining Co. San Francisca Refinery at Avon 150 Solano Way Martinez, CA 94553 Dear Mr. Ziemba: Today the Contra Costa County Board of Supervisors voted to convey support of the actions outlined in Governor Gray Davis' March 25, 1999 Executive Order calling for the earliest possible phase-out of the gasoline oxygenate MTBE, and to encourage fullresearch and assessment of oxygenates prior to selection of any MTBE substitutes. The Board also wished to communicate support of this action to refiners within Contra Costa County, and to specify that an earliest possible phase-out should include continued adherence to air quality standards. While the Board supports these actions, it is important to recognize the level of coordination that will be necessary in order to complete this process within the two year time frame, (or sooner), and the burden it places upon the refiners. We realize that implementation of appropriate legislation is an important first step in order to revise laws which limit the ability of refiners to eliminate MTBE. For these reasons, the County supports SB 989 sponsored by Byron Sherr, _ which is consistent with the Executive Order, and may be a helpful implementation vehicle at the state level, The County also supports S 266, 5645, 5267 and 5268 by Senator Feinstein,which together, brew down federal barriers to California's use of its own clean air laws, and makes MTBE cleanup a priority. The Board believes elimination of MTBE cannot have the effect of diminishing air quality. The Board appreciates your timely response to this very real threat to the quality of our water supplies. If you have questions, please contact Roberta Goulart at(925)335-122.6. Sincerely, 1 f n ciamilla eh r 1 ' The Board of Supervisors Contra C:e��theB��d Costa 335 nd County Administration Building County Administrator 651 Pine Street, Broom 106 ?ezr, so� Martinez, California 94553-1293 Coni TY John Gula, V'District `J Gayle S. UlIkerna,2"District Donna Gerber, 31 District Mark DeSaulnier, 41" District Joe canclarnilla, 51r' District (. . 'r The Honorable Gray Davis April 20, 1999 Governor of California State Capitol Sacramento, CA 95814 The Honorable Gray Davis; Today the Centra Costa County Board of Supervisors voted unanimously to convey support of the actions outlined in your March 25, 1999 Executive Order calling for the earliest possible phase-out of the gasoline oxygenate MTBE. The Hoard also wished to convey support of the agencies you have directed to carry out aspects of this order, and to encourage full research and assessment of oxygenates prior to selection of any MTBE substitutes. The County Board of Supervisors will convey support of this action to refiners within Contra Costa County, also indicating that an earliest possible phase-out should include continued adherence to air quality standards. A great Beal of coordination will be necessary to achieve phase-out within the prescribed time frame. The Board of Supervisors supports passage of legislation as a first step in revising laws which limit the ability to eliminate MTBE. The County supports SB 989 sponsored by Byron Sher,which is consistent with your Executive Order, and may be a helpful implementation vehicle at the state level. The County also supports S 266, S645, S267 and 5268 by Senator Feinstein,which together,break down federal barriers to California's use of its own clean air laws, and makes MTBE cleanup a priority. The Board commends your quick action toward elimination of MTBE in gasoline, and we look forward to cleanup efforts that will remove MTBE from California's water supplies. If we can assist you in any way, or you have questions,please contact Roberta Goulart at(925)335-122.6. Sincerely, ', 5m ` " anch i a air The Beard o Supervisors ��� � Phil Batchelor Clerk of the Board .. Bp Coshand County Administration C7ls?Id[r3g E".OU!i$y i+ldtt!iniStfBtG! 551 Fine Street, Room 195 (525)335-1900 Martinez, California 94553-1293 `.J u n"� John Gioia, !,District Gayle B.Ulikema,2�­'€!strict Donna Gerber,3" District Mark Desaulnier, 40' District Joe Canclamilla, 50' District Leslie Stewart, Chair April 20, 1999 Hazardous Materials Commission c/o Elinor Blake 20 Allen Street Martinez, CA 94553 Dear Ms. Stewart: Today the Contra Costa County Board of Supervisors took several actions related to the gasoline oxygenate MTBE, and wanted to communicate these actions to the Hazardous Materials Commission, in response to the Commission's recent request. The Beard voted to support the actions outlined in Governor Gray Davis' March 25, 1999 Executive Order calling for the earliest passible phase-out of MTBE, and to encourage full research and assessment of oxygenates, prior to selection of any MTBE substitutes. The Board also wished to communicate support of this action to refiners within Contra Costa County, and to specify that an earliest possible phase-out should include continued adherence to air quality standards. In recognition of the level of coordination that will be necessary to complete this process within the two year time frame(or earlier), the Board supports implementation of appropriate legislation as an important first step, in order to revise laws which limit the ability of refiners to eliminate MTBE. For these reasons, the County supports SB 989 sponsored by Byron Sher, which is consistent with the Executive Order, and may be a helpful implementation vehicle at the state level. The County also supports S 266, 5645, 5267 and 5268 by Senator Feinstein, which together, break down federal barriers to California's use of its own clean air laws, and makes MTBE cleanup a priority. The Board believes elimination of MTBE cannot have the effect of diminishing air quality. The Board appreciated the communication from the Hazardous Materials commission which initiated the Board's action on this matter. If you have questions, please contact Roberta Goulart at(925) 335-1226. Sincerely J e; a iarnt la Chad