Senator Feinstein Urges EPA to Finally Act on MTBE Waiver
October 19, 2000

Washington, DC – With the volume of MTBE in California gasoline increasing and legislation facing a logjam in Congress, U.S. Senator Dianne Feinstein today urged the Environmental Protection Agency to grant California a waiver of the Clean Air Act’s 2% oxygenate requirement in order to eliminate the use of MTBE in gasoline.

“The problem of methyl tertiary butyl ether (MTBE) in California has been clearly and exhaustively documented for almost five years. The best economic, environmental and health interests of California underscore the immediate need for an exemption from the oxygenate mandate,” Senator Feinstein wrote in a letter to EPA Administrator Carol Browner.

Senator Feinstein has introduced five separate bills to deal with MTBE, including S.1886, with Senator James Inhofe and Senator Bob Smith, chair of the Environment and Public Works Committee. This bill would allow the governor of a state to waive the 2% oxygenate content requirement for reformulated or clean-burning gasoline as long as the gasoline meets the other Clean Air requirements. She has also previously written several times and has spoken with Administrator Browner about the need for the waiver.

MTBE is an animal carcinogen and a possible human carcinogen. It has contaminated groundwater at over 10,000 sites in California and an October 1999 Congressional Research Service analysis found at least 41 states have MTBE in drinking water. Last year, a report by an independent EPA panel confirmed that MTBE is polluting groundwater in California and other states and should no longer be required.

The panel recommended that MTBE should be removed from gasoline as soon as possible, that the 2-percent oxygenate requirement is not necessary, and there needs to be flexibility so that states can adjust their program in a cost effective manner while still meeting air quality standards.

“I have attached the most recent quarterly report prepared by the California Energy Commission on the use of MTBE in gasoline,” Senator Feinstein said in her letter, citing an analysis of California’s 13 refineries.”

“As you can see from the table, even though MTBE as a percentage of the reformulated gas decreased from the first to the second quarter of 2000 from 10.6% to 9.8%, the total volume of MTBE used in California’s gasoline increased by 1.5% (8.7 million to 8.84 million).”

“I find this stalemate untenable. Legislation is stymied in the Congress and in the meantime, the volume of MTBE polluting the groundwater in California is increasing. The only solution is a waiver. This may be the only way to break the deadlock in Congress. As you know, California does not need MTBE to meet the Clean Air standards. Therefore, to punish California for improving its gasoline is an unacceptable federal solution.”