Statement of Sen. Bob Smith, May 8, 2002

I want to express my gratitude to the Chair for holding this hearing and to the witnesses for sharing their expertise with the committee today.  I especially want to thank my friend from Rhode Island, Senator Chafee, for his strong leadership on the issue of underground storage tanks.  In 2000, Senator Chafee and I asked the General Accounting Office (GAO) to assess the current Underground Storage Tank program and the level of compliance with federal standards.  What GAO found, outlined in a report released one year ago this month, was that among other deficiencies, only 71% of tanks were operated and maintained according to standards. In response to the GAO report, I joined Senators Chafee, Inhofe, Jeffords and Carper in introducing S. 1850 - the subject of today’s hearing.  This bill responds to the many deficiencies identified in the GAO report.  S. 1850 takes several needed steps to help federal, state and local officials to clean up and prevent further contamination caused by leaking underground storage tanks.  The bill increases inspections and training, with an emphasis on compliance.  It also provides the funding necessary to meet the new requirements set out in the legislation. S. 1850 will help to ensure that our groundwater will not become contaminated because of inadequate maintenance or operation of the nation’s underground storage tanks.  It my hope that this hearing will give this legislation the boost it needs to move through the legislative process.

The bill also addresses a specific type of gasoline additive contamination that has hit New Hampshire hard - MTBE.  This bill provides $200 million to clean up MTBE contamination.  Having visited with a number of families and small business owners who have suffered from MTBE pollution, I can tell you that these resources will go a long way to rid many of the MTBE nightmare. I am grateful that this provision has been included in the bill.  I know that Senator Chafee’s home state of Rhode Island has also suffered from MTBE contamination, and we will be hearing from a witness today describing their battle with this gas additive.  By ensuring better compliance and improved underground storage tank integrity, we will reduce the amount of MTBE that will find its way into our water.  But we need to go further and ban MTBE.  This committee and the Senate have done just that. Both this Congress and last, this committee has passed my legislation that would ban MTBE and clean up contamination caused by the gas additive, without backsliding on air quality.  I was very pleased that the energy package the Senate passed recently included my bill to deal with MTBE. It is my hope that the House of Representatives will agree to ban this substance.  It is important to my constituents in New Hampshire and to the entire nation that the poisoning of our groundwater stops.

S. 1850 also provides the opportunity to pass a narrow, but important petroleum liability provision.  While currently not included in the bill, this provision would be helpful to spur cleanup and redevelopment where contamination does exist.  I look forward to working with my fellow cosponsors, and all members of the committee, in exploring this additional provision.

Once again, I want to thank the Chair for holding this hearing and I look forward the testimony of our witnesses.