BILL REQ. #:  H-1900.1 

Read first time 02/12/2007.   Referred to Committee on Select Committee on Environmental Health.

     AN ACT Relating to reducing the levels of benzene in groundwater; and adding a new section to chapter 90.48 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1)(a) The legislature finds that reduction or removal of benzene in groundwater and drinking water is crucial for the protection of human health and safety and to protect Washington's environment. Benzene is formed from both natural processes and human activities. Benzene is a component in gasoline, diesel fuel, and aviation fuel. As a known carcinogen classified by the environmental protection agency, benzene is linked to leukemia, especially in children, as well as other health issues, such as susceptibility to infection, anemia, chromosomal damage, excessive bleeding, and developmental problems in children. The United States environmental protection agency has proposed a rule on the control of hazardous air pollutants from mobile sources, as published in the federal register on March 29, 2006, (71 C.F.R. Sec. 15803 (2006)), that the national average of benzene content of gasoline would be limited to .62 percent by volume.
     (b) The legislature further finds that one source of harmful benzene levels in Washington groundwater is gasoline spills or leaks from underground storage tanks, landfills, or gasoline pipelines. Groundwater that is contaminated with benzene may contaminate the public drinking water supply or otherwise be consumed by humans. Human health may be adversely affected by consumption of contaminated drinking water. Therefore, reduction or removal of sources of benzene in groundwater and drinking water is crucial to the public health and safety of Washington residents.
     (2)(a)(i) For purposes of this section, "motor fuel" means gasoline, diesel fuel, or any other inflammable gas or liquid, by whatever name the gasoline, diesel fuel, gas, or liquid may be known or sold, the primary use of which is as fuel for the propulsion of motor vehicles or motorized vessels.
     (ii) "Groundwaters" has the same meaning as defined in RCW 90.44.035.
     (b) No person shall import into Washington, or sell, dispense, or offer for sale in Washington, any motor fuel that contains greater than .62 percent by volume of benzene, if that motor fuel may spill or leak into any groundwaters or surface waters in Washington.
     (3) Nothing contained in this section is intended to control or prohibit any characteristic or component of a fuel or fuel additive in a motor vehicle or motor vehicle engine for purposes of motor vehicle emission control.