Assembly Joint Resolution
No. 72
CHAPTER 131
Relative to the federal gasoline oxygenate mandate.
[
Filed with
Secretary of State
July 16, 2004.
]
LEGISLATIVE COUNSEL'S DIGEST
AJR 72, Frommer.
Federal Clean Air Act: gasoline oxygenate additives.
This measure would memorialize the United States Environmental Protection Agency to take immediate action to review and reconsider California’s request for an administrative waiver from the gasoline oxygenate additive requirements of the federal Clean Air Act in order to relieve gasoline consumers in California from record-breaking gasoline prices.
Digest Key
WHEREAS, The federal Clean Air Act Amendments of 1990 (P.L. 101-549) mandate the use of reformulated gasoline containing 2 percent oxygen by weight in areas designated as nonattainment areas due to high ambient ozone levels in summer months and high ambient carbon monoxide levels in winter months; and
WHEREAS, In April 1999, California determined it was necessary to ban the use of methyl tertiary-butyl ether (MTBE) as a result of significant risks and costs associated with groundwater contamination due to the use of that gasoline oxygenate additive. California concurrently requested that the United States Environmental Protection Agency (U.S. EPA) utilize its authority under the federal Clean Air Act to grant California an administrative waiver from the federal oxygenate mandate, and allow the state to use nonoxygenated gasoline; and
WHEREAS, While MTBE has been eliminated in California’s gasoline supply, and despite numerous requests to the federal EPA, California is still mandated by the federal Clean Air Act to utilize oxygenates in its gasoline supply; and
WHEREAS, California’s refineries already produce cleaner-burning fuel than the federal reformulated gasoline program; and
WHEREAS, Ethanol is the only other available alternative oxygenate to MTBE, but because gasoline must be refined to a level even cleaner than California standards in order to be blended with ethanol, using ethanol as the primary oxygenate puts an even greater strain on the state’s gasoline supply; and
WHEREAS, A Blue Ribbon Panel convened by the U.S. EPA has determined that the minimum oxygen content is not needed in California, and in 1999, the National Research Council reported that oxygen additives used in reformulated gasoline do reduce emissions of carbon monoxide, but do little to reduce the emissions of ozone precursors and greenhouse gases, which contribute to smog; and
WHEREAS, Consumer prices for gasoline have reached near record levels in California; and
WHEREAS, California’s refineries are currently running at 93 percent of their capacity, producing 46 million gallons of gasoline per day, while California residents use up to 42 million gallons of gasoline per day.
WHEREAS, The federal oxygenate mandate greatly increases the price of gasoline used in California; now, therefore, be it
Resolved by the Assembly and Senate of the State of California, jointly, That the United States Environmental Protection Agency take immediate action to review and reconsider California’s request for an administrative waiver of the federal Clean Air Act’s oxygenated gasoline requirement in order to relieve gasoline consumers in California from record-breaking gasoline prices; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, and to Members of the California delegation of the United States Congress.