Dirty Air, Dirty Water


"JCH" refers to author Julian C. Holmes.

4.1 Memorandum of Transmission and Introduction of the 1995 15%-Rate-of- Progress Plan (RFG Plan) to the Maine Board of Environmental Protection. The memorandum is dated July 13, 1995, and signed by Donald L. Anderson, Bureau of Air Quality Control, Maine Department of Environmental Protection.

5.1 Julian C. Holmes, I/M Testing in Maine, February 24, 1995; for Board of Environmental Protection PUBLIC HEARING on The Maine DEP "DRAFT 15% Rate of Progress Plan and 1990 Base Year Emissions Inventory", January 11, 1995 (comment closing-date 2/24/95).

5.2 Rethinking the Ozone Problem in Urban and Regional Air Pollution, National Research Council, Washington DC: National Academy Press, 1991.

5.3 "15% Rate of Progress Plan and 1990 Base Year Emissions Inventory", State of Maine Department of Environmental Protection, Bureau of Air Quality Control, July 19, 1995.

5.4 See note 5.3.

5.5 "WHY NOX? -- The Costs, Consequences and Control of Nitrogen Oxides in the Human and Natural Environment", American Lung Association, Washington, DC, April 1989.

5.6 See note 5.2, p.8.

5.7 See note 5.2, p.163-175. See also note 5.1, p.4-9.

5.8 See note 5.3.

5.8.1 "Sensitivity of Regional Ozone to Reductions in NOx & VOC Emissions", prepared for the Ozone Transport Commission, January 1993, p.30.

5.8.2 S. T. Rao, "Impact of NOx and VOC Emissions Reductions on Ozone Concentrations in the New York Airshed as predicted by the ROM-UAM Modeling System", New York State Department of Environmental Conservation, April 21, 1993 (Summary).

5.8.3 Christopher D. Geron, Alex B. Guenther, and Thomas E. Pierce, "An improved model for estimating emissions of volatile organic compounds from forests in the eastern United States", Journal of Geophysical Research, June 20, 1994, p.12773.

5.8.4 See note 5.8.3

5.8.5 Shawn J. Roselle, and Kenneth L. Schere, "Modeled response of photochemical oxidants to systematic reductions in anthropogenic volatile organic compound and NOx emissions", Journal of Geophysical Research, November 20, 1995, p.22929.

5.9 Telephone conversation, James Brooks (MDEP) and JCH, July 11, 1997.

5.10a Telephone conversation, Clifton Michaelsen (MDEP) and JCH, July 10, 1995. Michaelsen said, "I do expect a fairly insignificant effect on ozone in Maine from the 15% [VOC] program". He also said that Maine's biogenic emissions may be greater than predicted, and that it is unfortunate that important scientific evaluation is not keeping up with the programs.

5.10b Julian C. Holmes, Testimony at the Public Hearing on the Revised Draft 1990 Base Year Air Emissions Inventory and the Revised Draft 15% Rate-of- Progress Plan (State Implementation Plan for submittal to the United States Environmental Protection Agency), June 28, 1995, 1:00 PM, Comfort Inn, Augusta, Maine. Holmes said, "that in adopting the above-referenced documents the State of Maine Government has abdicated its responsibility to clean up our air. Instead, Governor King has capitulated to threats from the EPA to assess federal penalties if the State fails to accept the oil industry solution to dirty air -- reformulated gasoline (RFG)".

5.10c Julian C. Holmes, Open Letter to The Board of Environmental Protection (BEP) c/o Donald Anderson/Jeff Crawford, MDEP, July 10, 1995. Holmes said, "The BEP has a clear choice: it can simply go along to get along, or it can perform a public service by demanding a "Halt" to the Governor's SIP (RFG Plan) and insisting on a fair scientific and financial accounting to the taxpayers who pay the bills".

5.10d Julian C. Holmes, Memorandum to the Maine Board of Environmental Protection, July 19, 1995. Holmes said, "Because ozone reduction may be less than the ozone-precursor VOC reduction, and with 80% of Maine's air pollution coming from out of state, the realistic PA#1 (southern Maine) ozone reduction from Maine's VOC-reduction Plan would likely be less than 1%. It is understandable why, as recently as last evening, Environmental Protection Commissioner Edward Sullivan did not wish to speculate on how much his new 15% Plan will reduce ozone".

5.10e See note 5.1.

5.11 See note 13.1, p.10. MDEP is careful in discussing NOx vs. VOC ozone- reduction technology: "Even if NOx reductions were to have a greater impact on ambient ozone levels than VOC reductions (in Maine) ..."

5.11.1 Telephone Conversations: Dennis L. Keschl, Director Air Quality Bureau, and JCH, January 17 and April 11, 1995.

5.12 See note 5.10a.

5.12.1 James Brooks, Director, Air Quality Bureau, MDEP, Letter to JCH, May 15, 1996. Brooks says, "As we've discussed in the past, the bulk of the Department's ozone control efforts to date have focussed on the reduction of VOCs. Although it is almost universally accepted that the control of VOCs in a NOx-limited environment such as Maine's (or most non-urban areas) will provide only limited benefits in controlling ozone, we must not forget that the Department's control efforts to date have been driven primarily by the 1990 Clean Air Act Amendments, which mandate specific VOC control strategies and levels of reductions. As the implementing agency for the State, it is our responsibility to ensure that Maine does not suffer the potential consequences of federal sanctions such as the oft-mentioned withholding of highway funds". [underlining by JCH]

5.12.2 See note 5.1, and note 5.10d.

5.12.3 Gordon Bonin, "Idling cars take a heavy toll", Foster's Daily Democrat, Dover, N.H., August 14, 1997, p.1.

5.13 See note 5.10a, and note 5.12.1.

5.13.1 EPA New England Office ozone data discussed at MDEP meeting on November 4, 1996.

5.13.2 National Air Quality and Emissions Trends Report, 1995, USEPA, October 1996, EPA 454/R-96-005.

5.13.3 Ozone measuring sites in FL, GA, SC, NC, VA, DC, WV, MD, DE, PA, NJ, NY, CT, RI, MA, NH, and ME.

5.13.4 See note 5.2, p.4.

5.13.5 See note 5.2, p.6.

5.14 National Clean Air Coalition, "Clean Air Deal Will Not Protect Public Health", Washington, DC, March 1, 1990.

5.15 Section 182(b)(1) of the Clean Air Act Amendments of 1990.

6.1 Liz Chapman, "Car test foes say petition forces vote", Lewiston Sun- Journal, January 27, 1995, p.1.

6.2 "EPA official approves state's clean-air plan", Associated Press, Kennebec Journal, July 27, 1995, p.15.

6.3. Dieter Bradbury, "DEP unable to trace ozone", Kennebec Journal, March 9, 1995.

6.4 Robert Judge, Environmental Specialist, EPA, New England Office, Boston, Massachusetts, Telephone Conversation with JCH, July 18, 1996. Judge can be reached at Tel: 617-565-4874.

6.5 Robert Judge, FAX Letter to JCH, July 7, 1995.

6.6a Telephone conversation, JCH with Jeffrey S. Crawford, Bureau of Air Quality, MDEP, December 6, 1996.

6.6b Cliff Michaelsen, Senior Meteorologist, MDEP; Letter to JCH, December 5, 1996. Michaelsen notes that New England officials have asked the EPA to switch to an improved computer model (CALGRID) for "attainment demonstration" [attainment of the ozone standard]. He says, "It is the hope of the Department [MDEP] that this improvement will provide scientists and decision makers with the ability to assess directionally-correct emission reduction programs that will improve Maine's air quality. Currently, this model [CALGRID] resides on a Sun workstation at the Department of Environmental Protection in Boston, Massachusetts where the New England Domain photochemical data is processed and executed".

6.7 "Ozone experts already see some signs of cleaner air", Portland Sunday Telegram, July 14, 1996, p.1B.

6.8 Glenn Adams, "State ozone violations may exceed averages" Kennebec Journal, June 13, 1996, p.12.

6.9 Nancy Garland, "Ozone hits harsh levels", Bangor Daily News, July 15, 1995.

6.10 See note 6.7.

6.11 81 parts per billion (ppb) is really the "old" Maine Standard. The 1995 Maine Legislature relaxed Maine's ozone air-quality standard to 120 ppb -- to "match" the Federal Standard.

6.11.1 "Environmental Official: Summer had 12 bad air days", Foster's Daily Democrat, November 24, 1995.

6.12 Richard T. Burnett et al, "Effects of Low Ambient Levels of Ozone and Sulfates on the Frequency of Respiratory Admissions to Ontario Hospitals", Environmental Research 65, 172-194, 1994. (Reports effects of ozone at concentrations as low as 20 ppb.)

7.1a United States Environmental Protection Agency, Document No. EPA420-F-95- 007, "Is Reformulated Gasoline a "New" Gasoline?", April 1995, Attachment: Fuel Parameter Values (national basis).

7.1b The higher the Reid Vapor Pressure (RVP) of a gasoline, the faster it evaporates.

7.1c "The Federal Reformulated Gasoline Program: Questions & Answers", National RFG Hotline (see note 24.4c), no date (received from National RFG Hotline September 7, 1996).

7.2 Clean Air Act, 42 USC 7545, Section 211(k)(2)(B).

7.3 (MTBE) Methyl Tertiary Butyl Ether.

7.4 See note 8.44.

7.4.1 James M. Davidson and Rick Parsons, "Remediating MTBE with Current and Emerging Technologies", Proc. 1996 Petroleum Hydrocarbons & Organic Chemicals in Ground Water: Prevention, Detection and Remediation Conference, November 15, 1996, p.15.

7.4.2 "RFG list -- Oxygenate Market Share", USEPA, Fuels and Energy Division, July 2, 1997.

7.5 See note 7.1a.

7.6a Melissa Morrill, Maine Department of Environmental Protection (MDEP), Bureau of Air Quality, Telephone Conversation with JCH, July 19, 1996.

7.6b Melissa Morrill, MDEP, FAX to JCH, February 7, 1997. "The Maine DEP does not do testing for anything other than fuel Reid Vapor Pressure."

7.7 "An Assessment of the Health Effects of Reformulated Gasoline in Maine", Task Force on Health Effects of Reformulated Gasoline, May 1995, p. 13.

7.8 Exxon Company, "Material Safety Data Sheets" for Regular and Reformulated Gasolines, September 15, 1993 and October 17, 1994, respectively. Provided by the MDEP Bureau of Air Quality.

7.9 Scott Wilson, Bureau of Air Quality, MDEP, Telephone Conversation with JCH, August 30, 1996.

8.1 Robert M. Reuter et al, "Effects of Oxygenated Fuels and RVP on Automotive Emissions - Auto/Oil Air Quality Improvement Program", Society of Automotive Engineers, 1992, Paper #920326. Addition of oxygenates increased NOx emission.

8.1.1 "Wintertime Exhaust Emissions at High Altitude and Sea Level Using Gasoline/Oxygenate Blends" (CRC Report No. 572), Coordinating Research Council, Inc., 219 Perimeter Center Parkway, Atlanta, Georgia 30346, October 1992.

8.2 Phase I Final Report, Auto/Oil Air Quality Improvement Research Program, Coordinating Research Council Inc. (CRC), 219 Perimeter Center Parkway, Atlanta, GA 30346, (770) 396-3400; May 1993 p.3,15,17. NOx increased when amount of MTBE was raised in low-aromatic fuel.

8.3 "Health Risk Perspectives on Fuel Oxygenates", Office of Research and Development, USEPA, December 1994, EPA 600/R-94/217, p.2.

8.4 Technical Bulletin No. 17, "Gasoline Reformulation and Vehicle Technology Effects on Exhaust Emissions", CRC, August, 1995. Tests MTBE RFG, non-MTBE RFG, and regular gasoline. Finds that MTBE-RFG increases formaldehyde emissions over both regular gasoline and non-MTBE RFG. Also finds non-MTBE gasoline may be better than MTBE RFG for reducing toxics although these results were not judged statistically significant. Low sulphur and low T90 (temperature of 90% distillation) gasolines may do better than MTBE gasoline for reducing emissions.

8.5 "T90" is the 90% distillation temperature of the gasoline.

8.5.1 J. Richard Cook, Phil Enns, and Michael S. Sklar, "Impact of the Oxyfuel Program on Ambient CO Levels", U.S, Environmental Protection Agency, National Vehicle and Fuel Emissions Laboratory, Ann Arbor, Michigan; submitted to: Journal of the Air and Waste Management Association, November, 1996.

8.5.2 See note 17.10.

8.6 Thomas W. Kirchstetter, Brett C. Singer, Robert A. Harley, Gary R. Kendall, and Waymond Chan, "Impact of Oxygenated Gasoline Use on California Light-Duty Vehicle Emissions", Environmental Science & Technology, Vol. 30.2, 1996, p.661. Following establishment of the oxygenated fuel program, measured changes in tunnel concentrations of VOCs, CO, benzene, NOx, formaldehyde, and acetaldehyde were -18%, -21%, -25%, 0%, +13% and +4% respectively per-gallon- of-fuel-burned. If these figures were expressed in units of per-mile-traveled (instead of per-gallon-of-fuel-burned), the above figures become -17%, -19%, -22%, +2%, +15%, and +7% respectively (assuming a 2.5% reduction in energy content for the MTBE fuel). [Per-gallon units are useful if one knows total fuel consumption in a geographic area; per-mile units if one knows traffic figures.] It should be noted that benzene concentrations in samples of the oxygenated fuel itself were around 35% lower than in the pre-oxygenate-period fuel samples.

8.7 "Regulation of Fuels and Fuel Additives: Revision to the Oxygen Maximum Standard for Reformulated Gasoline", Environmental Protection Agency, Final Rulemaking, Federal Register, 40 CFR 80, March 25, 1996, Vol. 61, No. 58.

8.8 See note 8.6, p.661. See also note 9.12, p.1.38.

8.8.1 "Program Final Report", Auto/Oil Air Quality Improvement Research Program, Coordinating Research Council (CRC), January 1997. Also see note 8.1, note 8.2, and note 8.4.

8.8.2 See note 8.5. "T50" and "T90" are the 50% and 90% distillation temperatures of a gasoline.

8.8.3 "Gasoline, air, and oxygen", Editorial, Oil and Gas Journal, May 12, 1997, p.21.

8.9 See note 9.10. The NRC Report states (p.49), "The Committee believes that it has not been established that oxygenated fuels have been a major factor in this reduction [of carbon monoxide]".

8.10a Yi Zhang et al, "On-Road Hydrocarbon Remote Sensing in the Denver Area", Environ. Sci. Technol., Vol. 27.9, 1885-1891, 1993.

8.10b Larry G. Anderson, Pam Wolfe, Regina Barrell, and John A. Lanning, "The Effects of Using Oxygenated Fuels on the Atmospheric Concentrations of Carbon Monoxide and Aldehydes in Denver", Paper No. ENVR-027, ACS Spring 1993.

8.10d Pamela Wolfe, Larry G. Anderson, John A. Lanning, and Richard H. Jones, "Techniques for Assessing the Effectiveness of Oxygenated Fuels", Paper 96- WR89.06, Air and Waste Management Association, 89th Annual Meeting, June 23-28, 1996.

8.10e Larry G. Anderson, Pamela Wolfe, Regina A. Barrell, and John A. Lanning, "The Effects of Oxygenated Fuels on the Atmospheric Concentrations of Carbon Monoxide and Aldehydes in Colorado"; Chapter 5 in Alternative Fuels and the Environment, Edited by Frances S. Sterrett; Lewis Publishers, 1994.

8.10f "Oxy fuels may not be `working' -- No studies done to date have shown that the program actually reduces air pollution", Editorial, Daily Camera, Boulder Colorado, July 8, 1996, p.2C. The Colorado program has cost about $14 million a year, says the Daily Camera.

8.10g "Goodbye to oxyfuels", Editorial, Rocky Mountain News, June 11, 1997.

8.11 See note 8.10b, Nontechnical Summary, p.2.

8.12 See note 8.10d, p.7.

8.13 See note 8.10e, p.99.

8.13.1 Larry G. Anderson, John A. Lanning, Richard H. Jones, and Pamela Wolfe, "Assessing the Effectiveness of Oxygenated Fuels Use for the Reduction of Ambient Carbon Monoxide", 7th CRC [Coordinating Research Council] On-Road Vehicle Emissions Workshop, April 9-11, 1997, Conclusions, p.10.

8.14 See note 8.10b, p.2 of Nontechnical Summary.

8.15 See note 8.10e, p.78.

8.16 See note 8.10e, p.79.

8.17 See note 8.10d, p.2.

8.17.1 The Collegium Ramazzini, an independent organization dedicated to occupational health, and comprised of internationally renowned physicians and scientists from 30 countries (including the United States, Sweden, Finland, Germany, Japan, Canada, Italy Belgium, and China), sponsors special conferences focusing on new developments that may impact public health and the environment.

8.17.2 See note 19.6.

8.18 Hull & Associates Inc., Remedial Action Plan, May 1996, p.1.

8.19 Dieter Bradbury, "Fore River gasoline spill cleanup under way", Portland Press Herald, February 7, 1996, p.1B.

8.20a Steven Eufemia, Oil and Hazardous Material Specialist, MDEP; Memorandum to geologist Brad D. Hahn et al, MDEP; March 19, 1996.

8.20b Remedial Action Plan Review, MDEP, May 24, 1996.

8.20c Steven J. Eufemia and Peter M. Eremita, MDEP; Letter to Stephen M. Pause, ds Environmental Inc.; September 20, 1996.

8.21a Steven J. Eufemia, MDEP, Letter to David Smith, BP Oil Company; July 26, 1996.

8.21b Pete M. Eremita, Environmental Engineer, MDEP; BP Update Memorandum to Steven J. Eufemia et al, MDEP, September 26, 1996.

8.22a Acadia Environmental Technology, "Summary of Groundwater Treatment System Analytical Data", Letter to BP Oil Company, March 4, 1996; Table 1 [February 7 to February 23, 1996].

8.22b Peg Chandler, Hull & Associates Inc.; Letter to Stephen M. Pause, BP Oil Company, July 17, 1996; Table 2 [July 2, 1996].

8.22c Peg Chandler, Letter to Stephen Pause, August 19, 1996; Table 2 [August 8, 1996].

8.22d Peg Chandler, Letter to Stephen Pause, October 1, 1996; Table 1 [September 5 and September 11, 1996].

8.22e Stephen M. Pause, BP Oil Company; Letter to Peter Eremita, MDEP; November 19, 1996; Table 4 [11 September to 17 October 1996].

8.23 Peter Garrett, and Marcel Moreau, MDEP; Jerry D. Lowry, University of Maine; "MTBE as a Ground Water Contaminant"; Proc. of Petroleum Hydrocarbons and Organic Chemicals in Ground Water: Prevention, Detection, and Restoration; November 1986. "When gasoline plus MTBE leaks to ground water, the MTBE spreads both further and faster than the gasoline, and the concentration of gasoline dissolved in ground water increases."(p.227)

8.23.1 William Carlsen, PAGE ONE -- SPECIAL REPORT: "Gas Additive's Needless Risk -- MTBE appears to be tainting water without cleaning air", San Francisco Chronicle, September 15, 1997, p.1

8.24 See note 8.23.

8.25 See note 8.18, p.22-23.

8.26a "Occurrence of the Gasoline Additive MTBE in Shallow Ground Water in Urban and Agricultural Areas", United States Geological Survey, National Water Quality Assessment Program, USGS Fact Sheet FS-114-95, March 1995.

8.26b Sandy Bauers, "The Effects of MTBE aren't known -- A gasoline additive to clean up the air now found in water", The Philadelphia Inquirer, February 5, 1996, p.B5.

8.26c Matthew H. Daly and Bruce D. Lindsey, "Occurrence and Concentrations of Volatile Organic Compounds in Shallow Ground Water in the Lower Susquehanna River Basin, Pennsylvania and Maryland", U.S. Geological Survey, U.S. Department of the Interior, Water-Resources Investigations Report 96-4141, June 1996.

8.26d "Volatile Organic Compounds in Ground Water in the Connecticut, Housatonic, and Thames River Basins, 1993-1995", U.S. Geological Survey, National Water-Quality Assessment Fact Sheet 029-97, April 1997.

8.27 J. F. Barker, M. Schirmer, and C. E. Hubbard, "The Longer Term Fate of MTBE in the Borden Aquifer", Proc. 1996 Petroleum Hydrocarbons & Organic Chemicals in Ground Water: Prevention, Detection and Remediation Conference, November 13-15, 1996, p.5.

8.28 P.J. Squillace, J.F. Pankow, N.E. Korte, and J.S. Zogorski, "Environmental Behavior and Fate of Methyl tert-Butyl Ether (MTBE), USGS Fact Sheet FS-203-96, 1996, p.4.

8.29 See note 8.28, p.5.

8.30 Paul J. Squillace, John S. Zogorski, William G. Wilbur, and Curtis V. Price, "A preliminary assessment of the occurrence and possible sources of MTBE in ground water of the United States, 1993-94", U.S. Geological Survey, Open-File Report 95-456, 1995.

8.31a MTBE monitoring in Maine: telephone conversation, JCH and MDEP geologist Bruce Hunter, December 6, 1996.

8.31b Test well WP-2, Ann Street, Lisbon Falls, Maine: water monitoring records at MDEP examined February 14, 1997 by JCH.

8.31c Measurement of MTBE in Town well on Moody Street, Lisbon, Maine: telephone conversation with Lisbon Water Commissioner Chairman Bill Bauer, Main Street, Lisbon Falls, Maine, 04252, Tel: 207-353-3020; June 20, 1997.

8.32 See note 8.26b.

8.33 See note 8.26b.

8.34 See note 8.26b.

8.35a Chris Bowman, "Ugly byproducts of smog-busting gas: Lake pollution", Sacramento Bee, January 14, 1997, p.A1.

8.35b "MTBE in drinking water", Editorial, Sacramento Bee, January 21, 1997. "The substance smells at concentrations much lower than that [of the EPA health advisory level of 70 ppb], giving off the odor of turpentine, unpalatable to consumers and, for water district officials who've run into it so far, unmarketable".

8.36 See note 8.26b.

8.37a PRNewswire, "One Los Angeles environmental specialist said he now considers MTBE to be a "major problem" ...", June 18, 1996.

8.37b PRNewswire, "Santa Monica is the first city in California to be forced to shut down a large part of its drinking water supply because of contamination by the gasoline additive MTBE ... MTBE has been detected at concentrations up to 600 parts per billion ...", July 1, 1996.

8.37c "Santa Monica water supply threatened by MTBE", U.S. Water News Online, July 1996.

8.37d Frank Clifford and Duke Helfand, "Santa Monica Sues Mobil Oil", Los Angeles Times, January 29, 1997, p.B1. The lawsuit was filed on January 28, 1997. On condition that their names would not be revealed, EPA officials "acknowledged that the agency has an incomplete knowledge of MTBE's health effects but said there are plans to review the Italian research by Cesare Maltoni [1995], head of the Bologna Institute of Oncology." See note 29.2 which is a citation of Maltoni's research on carcinogenicity of MTBE. See also note 29.4b and note 29.4c (1979 and 1982), citations for the pioneering work by Maltoni and his colleagues on the carcinogenicity of benzene.

8.37e Frank Clifford and Paul Jacobs, "Santa Monica Well Cleanup OKd", Los Angeles Times, February 15, 1997, p.A12.

8.37f Abigail Goldman, "Accord Near on Water Cleanup", Los Angeles Times, June 26, 1997, p.B1. "The city of Santa Monica whose contaminated ground water may be an omen of the downside of cleaner-burning gasoline, is expected to announce an agreement today with two oil companies to begin solving the problem of its MTBE-polluted wells."

8.37.1 See note 8.37d.

8.37.2 See note 19.4, note 19.5a, note 19.5b, note 19.5d, note 19.5e, and note 20.4. Also see LD-658-1997, Maine State Legislature, An Act to reduce the Maine Health Advisory Level for MTBE in Water from 50 ppb to 5 ppb, Representative Verdi Tripp, Topsham.

8.37.3 MTBE Media Fact Sheet, Santa Clara Valley Water District, March 1997.

8.37.4 Jane Kay, "Chemical threat to state's water wells", San Francisco Examiner, August 10, 1997, p.A-1.

8.37.5 See note 8.37.4.

8.38a Fact Sheet -- Village of Liberty Water Supply System, State of New York, Department of Health, January 1993. Water samples showed MTBE in the Town well in concentrations of between 86 and 150 ug/L. The State standard for MTBE is 50 ug/L. [In water, "ug/L" is equivalent to "ppb".]

8.38b David Greenbaum, "Liberty water woe resurfaces", The Times Herald RECORD, Middletown, NY, March 15, 1995, p.5. "Contamination levels of the gasoline additive, MTBE, are up again in the wells, following a 12-day experiment to see if the efforts to clean up the problem had worked".

8.38c Alan Wechsler, "Liberty suing over MTBE", Times Herald RECORD, January 6, 1996, p.5. The Town of Liberty, New York sues two gasoline stations to pay for attempts to clean up MTBE contamination of drinking water.

8.39 Michael Randall, "Pollution source at lake a mystery", Times Herald RECORD, Middletown, NY, December 17, 1995.

8.40 "Silver Stream Village Mobile Home Park", Draft Health Consultation, Orange County, New Windsor, New York; prepared by New York State Dept. of Health under cooperative agreement with the Agency for Toxic Substances and Disease Registry, U.S. Public Health Service; August 28, 1995.

8.41a Priscilla J. Quesnel, "Fuel contaminates Tiverton wells", Sakonnet Times (Rhode Island), September 26, 1996, p.1.

8.41b "More wells test positive, but state testing to end", Sakonnet Times, December 5, 1996, p.10.

8.42 "Comprehensive Site Assessment of Former Conoco store No. 33051, 2636 Castle Hayne Road, Wilmington, NC", Brown & Root Environmental, August, 1995.

8.42.1a Jeff Selingo, "Health problems blamed on chemical in water -- MTBE: What they don't know can hurt them, residents fear", Sunday Star News, Wilmington, N.C., October 22, 1995, p.1A.


8.42.1c Bettie Fennell, "Tainted wells may finally be replaced", Wilmington, N.C. Morning Star, July 22, 1997.

8.42.1d Cory Reiss, "Oil company denies claims it fouled wells", Wilmington, N.C. Morning Star, July 31, 1997, p.1B.

8.42.1e Cory Reiss, "Jury rules gas firm must pay millions", Wilmington Morning Star, August 26, 1997, p.1A.

8.42.2 Bob Brooks, "Company loses MTBE contamination case", WARD's Engine and Vehicle Technology Update, September 1, 1997. "The gasoline refiner in question was willing to discuss the matter [of financial responsibility for MTBE water contamination] on condition of complete anonymity."

8.43 Ralph F. Stevens, "The risks from reformulated gas", Letter to the Editor, Foster's Daily Democrat, Dover NH, January 11, 1997, p.9.

8.44 Clean Air Act, Section 112(b)(1-2), 42 USC 7412.

8.44.1 "Chronological Summary -- Oxyfuels in Alaska", Alaska Department of Environmental Conservation, November 4, 1994, p.3-4.

8.44.2 See note 8.44.1, p.5.

8.44.3 See note 8.44.1, p.6.

8.44.4 See note 26.2.1.

8.45 American Medical Association, "Moratorium on Methyl Tertiary Butyl Ether Use as an Oxygenated Fuel in Alaska", June 14, 1994, Chicago, Illinois.

8.46 American Public Health Association, "Use of Oxygenated Gasoline in Alaska", November 2, 1994.

8.46.1 Neil J. Carman, Ph.D., Clean Air Program Director, Lone Star Chapter of Sierra Club, Letter to US EPA Region-6 Director Jane Saginaw (copy to US EPA Administrator Carol Browner), September 28, 1994. "This letter is to share with you serious public health issues and objections the Lone Star Chapter of Sierra Club has over an oxygenated fuel additive in reformulated gasoline: methyl tertiary butyl ether (MTBE)."

8.47 "Q's and A's Fact Sheet on MTBE in Water", USEPA, Office of Water, June 1996, p.3.

8.48 "1995 Annual Report on Air Quality in the State of Maine", MDEP, p.71.

8.49 See note 8.48, Table 12-1, p.72.

8.50 See note U2.6.2, p.7.

9.1 See note 8.1.

9.2 See note 8.4.

9.3 Clean Air Act, Section 211(k)(2)(A), 42 USC 7545.

9.4 Clean Air Act, Section 211(k)(10)(C), 42 USC 7545.

9.5 See note 8.4.

9.6 See note 12.2, p.24.

9.7 USEPA, National Vehicle and Fuel Emissions Laboratory, "Complex Model Calculations", September 13, 1996, Ann Arbor, Michigan.

9.7.1a See note 22.5.

9.7.1b "An Investigation of Exposure to Methyl Tertiary Butyl Ether among Motorists and Exposed Workers in Stamford, Connecticut", Centers for Disease Control and Prevention (CDC), State of Connecticut Department of Health Services, City of Stamford Department of Health, and the USEPA, September 14, 1993.

9.7.1c "An Investigation of Exposure to Methyl Tertiary Butyl Ether among Motorists and Exposed Workers in Albany, New York", CDC, New York State Department of Health, and the USEPA, September 23, 1993.

9.8 "Oxyfuels Information Needs", USEPA, EPA/600/R-96/069, May 1996.

9.9 OSTP Draft Report: March 15, 1996 is the date of the Draft Preamble and Executive Summary that is included as pages 151-160 of the NRC Report (see note 9.10).

9.10 "Toxicological and Performance Aspects of Oxygenated Motor Vehicle Fuels", Committee on Toxicological and Performance Aspects of Oxygenated Motor Vehicle Fuels, Board on Environmental Studies and Toxicology, Commission on Life Sciences, National Research Council, National Academy Press, Washington, DC, 1996.

9.11 "Findings of Emissions Analysis of Colorado's Oxygenated Gasoline Program", Air Pollution Control Division, Mobile Sources Program, Colorado Department of Public Health and Environment (CDPH&E), November 1996.

9.11.1 See note 15.6a.

9.12 "Interagency Assessment of Oxygenated Fuels", National Science and Technology Council, Executive Office of the President of the United States, June, 1997.

9.12.1 See note 22.5, p.406-407.

9.12.2 See note 9.7.1b&c.

9.13a USEPA, Air And Radiation Division, "Reformulated Gasoline: A Major Step Toward Cleaner Air -- Better For Your Health And The Environment", EPA 420-B-94-004, U.S. Government Printing Office: 1994-0-616-654.

9.13b USEPA, Office of Mobile Sources, "Cleaner Gasoline for Cleaner Air -- Better for Your Health -- RFG Has Significant Health Benefits", EPA 420-F-95-005, April 1995.

9.13c See note 7.1c.

10.1 June 11, 1996.

10.2 See note 5.2, p.4.

11.1 See note 9.10, p.36, 37, 40, 50, 51.

11.2 See note 9.11.

11.3a. See note 9.11, Figure 4. Figures 1, 2, 3, and 4 were plots of the monthly measurements of vehicle failure rate, CO emission, HC emission, and NOx emission, respectively. Figure 4 did not appear in my copy of the report -- nor, apparently, in the copy acquired by the Denver Post. I was promptly provided a copy of Figure 4 when I requested it.

11.3b Mark Obmascik, "Oxy fuel results are hazy -- Experts dispute cleaner- air claims", Denver Post, December 1996, p.1A.

11.3.1 See note 9.12.

11.3.2 John H. Gibbons, Assistant to the President for Science and Technology, Executive Office of the President, National Science and Technology Council, Washington, D.C. 20500. The Gibbons "Dear Colleague" letter serves as the Introduction to the 1997 "Interagency Assessment of Oxygenated Fuels" (see note 9.12).

11.4 Clean Air Act, Section 211(c)(4)(C), 42 USC 7545.

11.5 See note 5.1, p.4-8, and note 5.10d.

11.6 John Devillars, conversation with JCH, Belfast, Maine, September 12, 1995.

12.1 "Group calls for controls on interstate pollution", Bangor Daily News, Associated Press, June 20, 1997.

12.2 "Meeting the 15% Rate-of-Progress Requirement Under the Clean Air Act: A Menu of Options", State and Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local Air Pollution Control Officials (ALAPCO), September 1993.

12.3 USEPA, "Motor Vehicle-Related Air Toxics Study", Office of Mobile Sources, EPA 420-R-93-005, Ann Arbor, MI, 1993.

12.4 See note 9.7.

12.5 See note 8.23, p.237.

12.6 "15% Rate of Progress Plan and 1990 Base Year Emissions Inventory", State of Maine DEP Bureau of Air Quality, July 19, 1995, Section 3.2, p.19.

13.1 "Response to Comments, 15% Rate-of-Progress Plan and 1990 Base Year Emissions Inventory", MDEP, July 13, 1995, p.9-10.

13.1.1 See note 9.3.

13.2 See note 8.8.1.

13.3 See note 8.7. In this rule-making hearing, the USEPA faced questions about the legitimacy of using reformulated gasoline if oxygenates therein caused NOx emissions to rise.

13.4a Joshua L. Weinstein, "Reformulated gas panel gets earful", Portland Press Herald, September 13, 1996.

13.4b Charles W. Gamache, "When will the state act responsibly about reformulated gas?", Letter to the Editor, Reader's Forum, The Journal Tribune, November 26, 1996, p.11.

13.4c Alan Franklin, Testimony at July 25, 1996 hearing before the Select Committee to Study the Health Effects of Reformulated Gasoline.

13.4d Susan R. Snow, M.D., Letter to Hon. Christopher Shays with copies to Maine Governor Angus King, Congressman Jim Longley Jr., Senator William Cohen, Senator Olympia Snowe, and Dr. Myron Mehlman; July 20, 1995; Snow address is 230 Pine Point Road, Scarborough, Maine, 04074. This letter addresses patient illness attributed to MTBE.

13.4e Ralph F. Stevens, Testimony, July 25, 1996; Stevens address is 79 Old South Road, South Berwick, Maine 03908.

13.4f Bonnie Washuk, "I'm the Canary -- MTBE's Safety a Matter of Debate", Lewiston Sun-Journal, February 11, 1996, p.1A.

13.5a Peter M. Joseph, "Atmospheric Byproducts of MTBE as Sources of Community-Wide Illness", Archives of Environmental Health, September, 1995, p.395-6.

13.5b Peter M. Joseph, Letter to Thomas F. Gibson, President, American Lung Association, September 29, 1996.

13.6 See note 13.1, p.11.

13.7 See note 8.4.

13.8 "State of Maine 1990 Base Year Draft Air Emissions Inventory", MDEP, May 11, 1995, Table B [seven southern counties]. Note date and see note 13.9.

13.9 "Governor King's 15% Volatile Organic Compound Reduction Strategy", presented by MDEP to the Maine Board of Environmental Protection, June 28, 1995, Comfort Inn, Augusta, Maine.

13.10a MDEP "WORK PLAN to Set Up Study on the Feasibility of Using Reformulated Gasoline on a Seasonal Basis and Statewide", to be completed by February 1, 1997. No date on this document.

13.10b Hon. Edward O. Sullivan, Letter of October 7, 1996 to twenty public officials, fuel industry representatives, and RFG supporters -- inviting comments on the MDEP "WORK PLAN" (see note 13.10a).

13.10c Melissa Morrill, MDEP, Letter of October 16, 1996 inviting oil industry representatives, public officials, and RFG advocates (eight letters altogether) to a meeting on November 4 "...to bring together several interested parties in an effort to gain more insight to the issue from the standpoint of those parties [sic] interests. The information gathered from this meeting will be incorporated into the final report to the Legislature".

13.11a Bonnie Washuk, "Lawmaker proposes seasonal, statewide sale of RFG", Lewiston Sunday, February 11, 1996, p.8A.

13.11b "An Act Concerning the Seasonal Sale of Reformulated Gasoline", H.P. 1201 - L.D. 1651, 1996.

13.12a Edward O. Sullivan, Letter to USEPA (Region-1), June 10, 1996. Asks advice on establishing mandatory use of RFG statewide in Maine.

13.12b Susan Studlien, Deputy Director, Office of Ecosystem Protection, USEPA (Region-1), Letter to Edward O. Sullivan, July 15, 1996.

13.13 Edward O. Sullivan, list of "affected parties" [affected by reformulated gasoline policy]:

13.14 Norman Anderson, Director of Research, American Lung Association of Maine, Letter to Melissa Morrill, MDEP, October 15, 1996.

13.15a Edward F. Miller, Executive Director, American Lung Association of Maine, "Maine Lung Association clarifies RFG support", Letter to The Editor, Portland Press Herald, October 3, 1996, p.12A.

13.15b Edward F. Miller, Testimony before the COMMITTEE, Public Hearing, September 12, 1996.

13.16a Julian Holmes, Letter to Hon. Edward O. Sullivan, October 30, 1996.

13.16b Edward O. Sullivan, revised list of "affected parties", November 4, 1996.

13.17 Julian Holmes, personal notes from the November 4, 1996 meeting of "stakeholders" convened by MDEP Commissioner Sullivan to advise MDEP on the question of expanding the use of oxygenated RFG statewide in Maine.

13.18 Edward O. Sullivan, "The Ability Of Maine To Go Seasonal Statewide With Reformulated Gasoline", report addressed to The Natural Resources Committee (NRC) of the Maine State Legislature, [January 31, 1997 deadline].

13.19 Julian Holmes, Letter to Melissa Morrill (MDEP), critique of the Sullivan Report to the NRC, January 29, 1997.

13.20 Edward O. Sullivan, Prepared Remarks, Statement to the COMMITTEE, public hearing, July 25, 1996.

13.21 See note 5.3, note 21.12, and note 5.10a. Also note 8.6: "Addition of oxygenates to gasoline will not reduce ozone in locations where ozone formation is NOx-limited".(P.669)

13.22 See note 21.12.

14.1 See note 5.12.1. "...control of VOCs ... will provide only limited benefits in controlling ozone [in Maine]".

14.2 See note 9.7, and note 11.4.

14.3 Notes taken by JCH, July 25, 1996.

14.4 See note 15.5.

14.5 See note 14.3.

14.6 See note 8.1, note 8.2, and note 8.4.

15.1 See note 5.12.1.

15.2 See note 5.10a.

15.3 See note 7.7.

15.4 See note 5.1, note 5.10b, note 5.10c, and note 5.10d.

15.5 Edward O. Sullivan, Telephone Conservation with JCH, September 7, 1996.

15.6a Health Effects Institute (HEI), Oxygenates Evaluation Committee "The Potential Health Effects of Oxygenates Added to Gasoline: A Review of the Current Literature", February 1996. Table 7.1 in the NRC Report (see note 9.10) summarizes HEI Report data: headache, eye irritation, disorientation, neurotoxicity, and cancer potentially increasing with use of MTBE; projected increase in exposure to formaldehyde.

15.6b "Exhaust Emissions of Toxic Air Pollutants Using Reformulated Gasolines", Auto/Oil Air Quality Improvement Research Program, Technical Bulletin No. 5, CRC, June 1991. Formaldehyde emissions were increased 26% with addition of 15% MTBE (p.1).

15.6c See note 9.10 (p.44), note 8.1, note 8.2, and note 8.4 regarding increases in formaldehyde with use of MTBE.

15.7 Edward O. Sullivan, "Talking Points for Legislative Committee looking at the Health Effects of RFG(MTBE)", July 25, 1996, p.6.

15.8 See note 14.3.

15.10 See note 15.5.

15.11 Environmental Protection Commissioner Edward Sullivan, Representative Verdi Tripp, Representative Thomas Poulin, and Maine Public Television Host Don Carrigan, Mainewatch, Channel 10, February 15, 1996.

15.12 See note 14.3 and note 24.4c.

15.13 Edward O. Sullivan, Testimony, U.S. Congress Subcommittee on National Economic Growth, Natural Resources and Regulatory Affairs, South Portland ME, May 26, 1995, p.2-3.

15.14 See note 15.13, p.4.

16.1a Douglas Watts, "Kennebec fish tainted with PCBs -- Tests show toxic chemical found in 6 Maine rivers", Capital Weekly, September 5, 1996, p.A1.

16.1b Douglas Watts, "State sits on toxic test results", Capital Weekly, September 5, 1996, p.A1.

16.1c Mike LaBerge, "DEP disputes charge it suppressed report", Kennebec Journal, September 7, 1996, p.1.

16.1d Tom Farkas, "King: PCBs `a priority'", Capital Weekly, September 12, 1996, p.A1.

16.1e Edward Sullivan, "The full story on coPCBs in Maine Rivers", Capital Weekly, September 12, 1996, p.A8.

16.1f "Failing the public trust", Editorial, Capital Weekly, September 12, 1996, p.A8.

16.2 See note 7.7.

16.3 See note 5.10b.

16.4 Clean Air Stakeholders Conference, Reformulated Gasoline Task Forces: Announcement, by Governor Angus King, of Task Force Chairmen and Task Force Report Deadlines, March 29, 1995.

17.1 See note 21.12. Most of Maine's VOCs come from nature (trees); statewide, less than 4% come from highway motor vehicles, and in the seven southern counties together, 16% come from mobile sources, with 12% from highway motor vehicles.

17.2a "Annual Report on Air Quality, 1994", MDEP, p.25.

17.2b "Our Smog is 'from away'", Associated Press, Foster's Daily Democrat, March 13, 1997. Northeast States for Coordinated Air Use Management (NESCAUM) Study finds that most smog in the Northeast comes from outside New England.

17.3 Edward O. Sullivan, Telephone Conversation with JCH, July 18, 1995.

17.4 See note 5.12.1.

17.5 "Reformulated Gasoline Program -- Facts at a Glance"; copy provided to JCH by Richard Greves (MDEP), June 23, 1995.

17.6 See note 8.1, note 8.2, and note 8.4.

17.7 Confirmed by telephone call to Maine State Toxicologist Andrew Smith, November 25, 1996.

17.8 See note 8.4.

17.8.1 See note 7.1c, p.2.

17.9 Charlene R. Garland, Director, RFG HOTLINE, Letter to JCH, November 13, 1996.

17.10 R. Neal Olson, "A Study of the Effects of Oxygenated Gasoline on Particulate Concentrations in Salt Lake and Utah Counties During the Winter Season, 1994-95", Air Monitoring Center Study 126-95, State of Utah, Division of Air Quality, 261 West 500 South, Salt Lake City, UT, 84101.

17.11 R. Neal Olson, "Comparison of Fine Particulate Sampling Methods and Results from October 1995 through August 1996, Salt Lake City, Utah".

17.12 Daniel S. Greenbaum, President, Health Effects Institute, Letter to Gilbert Omenn, Chair, National Commission on Risk Assessment and Risk Management, October 25, 1996.

17.13 Meredith Goad, "Pollution, survival tied -- At least 107 premature deaths estimated in state", Kennebec Journal, May 9, 1996, p.12.

17.14 "1996 Kindergarten Asthma Survey Results", American Lung Association of Maine, October 1996.

18.1 Robert E. Wages, Letter to Oxygenated Fuels Association Director Fred Craft, March 29, 1995.

18.2a Seena Hoose, E.G., H.G. Engineering Geologist, Water Resources Management Department, Santa Clara Valley Water District; Testimony before the California Legislature Senate Committee on Environmental Quality, Oversight Hearing on Leaking Underground Storage Tank Cleanup Program, State Water Resources Control Board, March 17, 1997.

18.2b See note 8.37.3.

18.2.1 See note 8.23, p.237.

18.3 See note 18.2a.

19.1a Declaration of September 10, 1993, Collegium Ramazzini, Bologna, Italy.

19.1b TLV-TWA -- Threshold Limit Value - Time Weighted Value.

19.2a Mehlman vs. Mobil Oil Corp., Appellate Division, A-438-94T2, June 13, 1996; New Jersey Lawyer, June 24, 1996, p.5 NJL 1338.

19.2b M. A. Mehlman, Interoffice Correspondence quoting Henry F. Smyth Jr. on the role of the industrial toxicologist, September 26, 1985. "To support his position as a professional, not as a mere employee, the industrial toxicologist should do all he can to convey the public impression and the private reality that he is an advisor to the corporation, and that he guards the corporation against injuring its employees, customers, or the public. He must not become a protagonist for the corporation or an advocate of its products. To do this will destroy his professional status and will much reduce his long-time value to the corporation. It should not require emphasis that the toxicologist must be completely objective in recording and in interpreting his laboratory observations, and he must never suppress facts that might protect the public." "These principles", said Mehlman, "will be followed by our laboratory".

19.2c "Mobil Scientist Warned Against MTBE in 1980's, Publication Says; Italian Study of Additive Said to Show Marked Increases in Cancers", Fuels For The Future News, September 14, 1994.

19.2d Franklin Hoke, "Whistle-Blower's Legal Victory Seen As Supporting Industry Scientists Who Criticize their Employers", The Scientist, August 22, 1994, p.1. Mehlman awarded $3.5 million.

19.2e Dan Fagin, "Gasoline Trouble -- Experts say additive may cause health problems", Newsday, September 26, 1994, p.A3.

19.2f Peter Page, "Study: Gas additive caused cancer in lab rats", The Times (Princeton, NJ), November 13, 1994, p.A1.

19.2g Steve Sternberg, "Scientist's Court Appeal May Extend State Whistleblower Law Overseas -- Myron Mehlman's case against Mobil Corp. attempts to apply New Jersey statute to incident in Japan", The Scientist, January 8, 1996, p.1.

19.2h Margaret A. Jacobs, "Fired Executives Often Prevail in Court", Wall Street Journal, April 15, 1996, p.B5.

19.2i Dan J. Szczesny, "Court awards $7M to Princeton man", Princeton Packet, June 14, 1996, p.14A.

19.2j David Newhouse, "Corporate code of conduct -- Doing the `right' thing not without downside for `whistleblower'", July 28, 1996, p.D1.

19.2k Thomas W. Durso, "Fired Whistleblower's Successful Appeal May Broaden State Protection Statutes", The Scientist, September 2, 1996, p.1.

19.2m Marvin Legator & Armanda Daniel, "A toxicologist who did the world proud", The Daily News, Galveston County, Texas, August 10, 1996, p.5-B.

19.3 M. A. Mehlman, Testimony Before New Jersey Senate, "Health Dangers of Methyl Tertiary Butyl Ether in Gasoline", February 4, 1995.

19.4 Myron A. Mehlman, "MTBE Toxicity", Letter to Environmental Health Perspectives, Vol. 104.8, August 1996, p.808.

19.5a Myron A. Mehlman, Letter to Hon. Carol Browner, May 22, 1995. Notified USEPA of MTBE's probable human carcinogenicity.

19.5b Myron A. Mehlman, "Dangerous and Cancer-Causing Properties of Products and Chemicals in the Oil Refining and Petrochemical Industry: Part XV. Health Hazards and Health Risks from Oxygenated Automobile Fuels (MTBE): Lessons Not Heeded"; International Journal of Occupational Medicine and Toxicology, Vol. 4.2, 1995, p.219.

19.5c Myron A. Mehlman, "Dangerous and Cancer-Causing Properties of Products and Chemicals in the Oil Refining and Petrochemical Industry: Part XXII. Health Hazards from Exposure to Gasoline Containing Methyl Tertiary Butyl Ether (MTBE): Study of New Jersey Residents"; Toxicology and Industrial Health, Vol. 12.5, 1996, p.1.

19.5d See note 19.4. Mehlman argues, "MTBE causes cancers in many organs and tissues of two species of experimental animals; these cancers are similar to those caused by exposures of comparable doses of benzene, vinyl chloride, and 1,3-butadiene, all recognized carcinogens".

19.5e Myron A. Mehlman, Letter to Carol Browner, December 10, 1996 asking for Federal health advisory standard for MTBE in water to be set at same value as for benzene.

19.6 Collegium Ramazzini, "Position on Oxygenated and Reformulated Gasoline", December 22, 1996.

19.7 Mobil World, June, 1978, p.11.

20.1 William Kloepfer Jr., Letter to Joseph V. Maranto, Manager - Publications, Mobil World, October 19, 1978.

20.2a Questions about significance of certain animal tests for human carcinogenicity have been raised by Lee Ann Baggot, see note 21.10; Scott Baker, July 25, 1996, Baker Viewgraph #17, see note 23.3; Jonathan Borak, note 23.2; Philip Haines, note 20.5, Haines Viewgraph #13; MDEP, note 13.9, Davis Viewgraph #8; Maine Task Force Study, note 7.7, p.20; Oxygenated Fuels Association, note 23.6, p.4, 8, 9-13, 24.

20.2b Nancy J. Balter, "Reformulated Gasoline: Human Health Considerations", On a Clear Day (newsletter, Coloradans for Clean Air), July 1995.

20.3 Myron A. Mehlman, Letter to Ralph Stevens with attachments, October 4, 1996. Mehlman's biography is one of the attachments.

20.4a Myron A. Mehlman, Scientific Report on MTBE, December 10, 1996.

20.4b Myron A. Mehlman, Letter to Hon. Carol Browner, December 10, 1996. Mehlman submitted his Report (note 20.4a) and asked that the EPA lower the level of MTBE allowed in drinking water to 5 ug/L or less (5ppb or less).

20.5 Philip W. Haines, Acting Director, Maine Bureau of Health, Testimony before the COMMITTEE, July 25, 1996, Haines Viewgraph #14.

20.6 Bruce Hunter, MDEP Hydro-geologist, Testimony before the COMMITTEE, July 25, 1996.

20.7 See note 14.3.

20.8 See note 8.6, and note 25.3a.

20.9 See note 25.3a.

20.10 See note 8.22b.

20.11 Comprehensive Response, Compensation and Liability Act (CERCLA), Sections 302 and 313, Toxics Release Inventory (TRI).

20.12 National Institute for Occupational Safety and Health, NIOSH Pocket Guide to Chemical Hazards, United States Department of Health and Human Services; RELS = Time-Weighted Average (TWA) for up to a 10-hour workday, during a 40-hour week.

20.13 See note 9.8, p.8.

20.14 Philip W. Haines, Acting Director, Bureau of Health, Telephone conversation with JCH, February 15, 1996.

20.15 Philip W. Haines, Letter to JCH, February 15, 1996.

20.16 See note 16.1.

20.17 See note 16.1c.

20.18 Philip Haines, PRESS RELEASE, "Co-planar PCBs Risk Assessment" (undated), issued September 18, 1996.

21.1 1996-1997 Maine Open Water Fishing Regulations, p.1.

21.2 See note 16.1f.

21.2.1 Dieter Bradbury, "Mercury's Toxic Shadow Looms Over Fish Catch", Portland Press Herald, September 30, 1997, p.1A.

21.3a Julian Holmes, Letter to Hon. Dora Mills, December 27, 1996.

21.3b Julian Holmes, Letter to Hon. Edward Sullivan, December 27, 1996.

21.3.1 Donald R. Hague, Ph.D., Letter to Rep. Verdi L. Tripp, Aug. 8, 1996.

21.4 Julian Holmes, Letter to Hon. Edward Sullivan, January 23, 1997. A reminder about my letter to Sullivan of December 27, 1996.

21.5 Edward O. Sullivan, Letter to Julian Holmes, January 3, 1997, postmarked January 24, 1997. Did not appear to address my question of December 27, 1996.

21.6a Julian Holmes, Letter to Hon. Edward Sullivan, January 27, 1997, reminding Sullivan of my question of December 27, 1996.

21.6b Edward O. Sullivan, Letter to JCH, February 7, 1997.

21.7 Philip W. Haines, Letter to JCH, January 28, 1997.

21.8 Julian Holmes, Letter to Hon. Dora Mills, January 31, 1997.

21.9 Dora Anne Mills, Letter to JCH, February 12, 1997.

21.10 Lee Ann Baggot, Telephone Conversation with JCH, August 21, 1996.

21.11 See note 5.1.

21.12 "State of Maine 1990 Base Year Emissions Inventory", MDEP, Bureau of Air Quality Control, January 11, 1995.

22.1 Richard Greves, MDEP, Telephone Conversations with JCH, August 21 and August 28, 1996.

22.2 Ronald Deprez, 120 Exchange Street, Portland, Maine, 04101, Tel: 761-7093; Telephone Conversation with JCH, August 21, 1996.

22.2.1 See note 24.2, and also pages 52 and 53 of Dirty Air, Dirty Water.

22.3 Philip Kemp and JCH, Telephone Conversation, August 28, 1996.

22.4 Lani Graham, Letter to Ralph F. Stevens, September 15, 1995.

22.5 Ronald L. Moolenaar, Brockton J. Hefflin, David L. Ashley, John P. Middaugh, and Ruth A. Etzel, "Methyl Tertiary Butyl Ether in Human Blood after Exposure to Oxygenated Fuel in Fairbanks, Alaska", CDC and Alaska Dept. of Health and Social Services, Arch. of Env. Health, vol 49.5, 1994, p.402-409.

22.6 Ruth A. Etzel, Letter to Hon. John A. Sandor, August 12, 1993.

22.6.1 John P. Middaugh, "Reacting to Gasoline Additives", Letter, Science Magazine, March 18, 1994, p.1545.

22.6.2 See note 22.4.

22.7 See note 7.7, p.17.

22.8 See note 22.5, p.408.

22.8.1 "Patients unknowing test subjects, paper reports", Reuter, December 16, 1996. Story originated with Cleveland Plain Dealer.

22.8.2 See note 32.12e, p.95.

22.9a JCH, Certified-Mail Letter to Lani Graham, August 28, 1996.

22.9b Lani Graham, Letter to JCH, September 3, 1996. This response to my letter of August 28 says that she [Graham] will be out of town and suggests that I discuss these matters with Philip Haines.

22.9c JCH, FAX Letter to Philip Haines, August 19 and August 26, 1996 (sent twice).

22.10 Sciences International, 1800 Diagonal Road, Alexandria, Virginia, Tel: 703-684-0123.

22.11 David Gray, Sciences International, Telephone Conversation with JCH, August 22, 1996. Conversation touched upon Gray's assistance with the publication of a number of (yet unpublished) ARCO papers being submitted to the Journal of Risk Analysis.

22.12 Jay Turim, Sciences International, Telephone Conversation with JCH, August 22, 1996.

23.1 J. Borak, H. Pastides, M. Van Ert, M. Russi, and J. Herzstein, "Exposure to MTBE and acute health effects: A critical literature review", Risk Analysis (in press). Regarding the oxyfuels bibliography, see note 23.6.

23.2 Jonathan Borak, 234 Church Street, #1100, New Haven, CT 06510, 203-777- 6611, Telephone Conversation with JCH, August 26, 1996.

23.3 Scott R. Baker, Director of Health Sciences; EA Engineering, Science, and Technology, Inc.; Metro Plaza 1, 8401 Colesville Road, Suite 500, Silver Spring, MD, 20910; Tel: 301-565-4216, FAX: 301-587-4752. EA Engineering represents and makes studies mainly for Government and Industry. Baker represents The Oxygenated Fuels Association.

23.4 See note 23.3.

23.5 Task Force Member Philip Kemp provided this information by telephone, August 21, 1996.

23.5.1 IARC Monograph Supplement 7, 1987.

23.6 "Gasoline Reformulated with Methyl Tertiary Butyl Ether (MTBE) -- Public Health Issues and Answers", Oxygenated Fuels Association (OFA), April, 1996; 1300 N. 17th Street, Suite 1850, Arlington, VA, 22209, Tel: 703-841-7100, FAX: 703-841-7720. OFA is a group of chemical companies which promotes the use of oxygenated fuels (RFG and MTBE).

23.6.1 Oxygenated Fuels Association toxicologist Nancy Balter testified later before the Natural Resources Committee of the Maine Legislature, (April 4, 1997), see also note U2.9. In response to a question from Rep. G. Steven Rowe, Balter said, "maybe 15 in all of the high-powered oxyfuel-sponsored scientific publications on MTBE are not yet published by the Society for Risk Analysis" [unpublished as of April 4, 1997].

23.7 See note 22.11, and note 23.2.

23.8a Henry R. Piehler et al, Carnegie Mellon University, Executive Summary of "Emissions Testing Policies for the Commonwealth of Pennsylvania", June 9, 1995. This paper reports the performance of I/M emissions control for automobiles and its lack of cost effectiveness compared to that of controlling industrial NOx emissions. This paper is particularly relevant to NOx-limited Maine.

23.8b Lillie Wilson, "CMU study: Relief from emissions testing found `insignificant'", Pittsburgh Tribune Review, May 3, 1995.

23.9 Russell Mokhiber, "Corporate Crime and Violence -- Big Business Power and the Abuse of the Public Trust", Sierra Club Books, 1988, p.81-2.

23.10a Fred A. Wilcox, "Waiting for an Army to Die -- The Tragedy of Agent Orange", Vintage Books (Random House), 1983, p.x and p.108.

23.10b See note 34.1a, p.122-5. Partial ban of 2,4,5-T in 1979, total ban in 1983.

24.1 Barbara Charnes, Executive Director Coloradans for Clean Air, Telephone Conversation with JCH, January 21, 1996. Charnes Tel. No. is 303-388-4858.

24.2 Clean Fuels Development Coalition, 1925 North Lynn Street, Suite 725, Arlington, Virginia, 22209, Tel: 703-276-2332, FAX: 703-276-8447. The Coalition is listed in the Oxygenated Fuels Association MTBE guide book (see note 23.6, p.50) as an organization ""that can help you better understand the RFG issues".

24.3 See note 23.6.

24.4a Information Resources, Inc., 1925 North Lynn Street, Suite 1000, Arlington, Virginia, 22209, Tel: 703-528-2500, FAX: 703-528-1603.

24.4b See note 24.2.

24.4c RFG HOTLINE, 1-800-GO-TO-RFG (1-800-468-6734), Arlington, Virginia.

24.5 See note 23.6

24.7 W. C. Daughtrey, M. W. Gill, I. M. Pritts, J. F. Douglas, J. J. Kneiss, and L. S. Andrews; "Neurotoxicologic evaluation of methyl tertiary butyl ether in rats", J. of Applied Toxicology (in press).

24.8 Joseph Piernock, ARCO, Tel: 610-359-5678.

24.9 "The MTBE rap", Pittsburgh Tribune-Review, December 16, 1996, p.A6.

25.1 Telephone Conversation, JCH and Joseph Piernock, January 10, 1997.

25.2 "Cleaner Gasoline Has Come To Your Part Of The Country" -- "Reformulated Gasoline Helping All Of Us Achieve Cleaner Air", American Automobile Manufacturers Association (Chrysler Corporation, Ford, General Motors).

25.3a "An Investigation of Health Concerns Attributed to Reformulated Gasoline Use in Southeastern Wisconsin", Wisconsin Department of Health and Social Services (DHSS), Division of Health, Bureau of Public Health, Section of Environmental Epidemiology and Prevention, May 30, 1995.

25.3b "Wisconsin Study Says Reformulated Gas Safe", Associated Press, Kennebec Journal, June 8, 1995, p.16.

25.4 Wisconsin Study Peer-Review "Consensus Statements", Association of State and Territorial Health Officials (ASTHO); Chicago, Illinois, May 1-2, 1995. ASTHO address is: 415 Second Street N.E., Suite 200, Washington, DC 20002, Tel: 202-546-5400.

25.5 "Desk Statement on Wisconsin Study of Health Effects of Reformulated Gasoline", USEPA, June 1, 1995. Statement provided to JCH by New England Regional Office, EPA, Boston, Massachusetts. This statement features EPA funding and EPA "peer-review" of the Wisconsin Study, but it fails to mention the dissent from the Study's highly-touted "consensus" finding. The dissent was registered by North Carolina State Toxicologist Kenneth Rudo who served as a peer-reviewer of the Wisconsin Study.

25.6 Letter from Lynn Bradley, Association of State and Territorial Health Officials (ASTHO), 415 Second Street N.E., Suite 200, Washington, DC 20002, May 11, 1995. This letter submitted, to the authors of the Wisconsin Study, the dissent by Kenneth Rudo from the "peer-review consensus" on that Study. This submission was initially rejected.

25.7 Henry Anderson, MD, Letter to JCH, June 29, 1995.

25.8 Telephone Conversation, Kenneth Rudo and JCH, June 23, 1995.

25.9 Kenneth M. Rudo, "Methyl Tertiary Butyl Ether (MTBE) -- Evaluation of MTBE Carcinogenicity Studies", Toxicology and Industrial Health, Vol. 11.2, 1995, p.167.

26.1 B2 Probable Human Carcinogen classification means carcinogenicity established in animals but "inadequate evidence" or "no data" from epidemiological studies. See note 25.9, p.169.

26.2 Kenneth Rudo, "Review of the Wisconsin DHSS Report on Health Concerns Attributed to Reformulated Gasoline Use in Southeastern Wisconsin", Toxicology and Industrial Health, Vol. 11.5, 1995, p.463.

26.2.1a Myron Mehlman, "Health Dangers of MTBE", Testimony before the Natural Resources Committee, Maine State Legislature, April 11, 1997. This information was confirmed by telephone call from JCH to North Carolina State Toxicologist Kenneth Rudo, August 2, 1997.

26.2.1b Ken Rudo, Letter to Myron Mehlman, April 7, 1997.

26.2.1c Kenneth Rudo, William J. Pate, C. Gregory Smith, North Carolina Department of Environment, Health, and Natural Resources, "The Public Health Impact of the Oxygenated Fuels Program in North Carolina", 1994.

26.3 Greg Bogdan, Phil Kemp, and Richard Smith, "A Descriptive Study of Asthma Hospitalization Among Residents in Counties Using Reformulated Gasoline", Maine Bureau of Health, July 23, 1996.

26.4 Greg Bogdan, Telephone conversation with JCH, August 16, 1996.

26.5a Karlene K. Hale, "Asthma increases in youths of Maine", Kennebec Journal, October 5, 1993, p.1.

26.5b See note 17.14.

26.6 Richard Stevens Burington, "Handbook of Mathematical Tables and Formulas", Third Edition, Handbook Publishers Inc., Sandusky Ohio, 1957.

27.1 The statistical significance of a result is its likelihood. Generally, the fewer observations that contribute to a result, the less the likelihood. In this particular case (15- to 44-year-olds), the observations found asthma hospitalizations to increase (rather than decrease) with the introduction of RFG. The observations also tell us that, were the experiment to be repeated, the likelihood of the same result (increase, rather than decrease) is, roughly, 95%. Furthermore, the observations found the most likely value of that increase to be 21%. And, finally, were the experiment to be repeated, the likelihood is roughly 50% that the increase would be within 8 percentage points of the original 21% (+13% to +29%).

27.2 I have not looked at the ICD9 490-496 asthma data because it was taken for only a single age group (over 64 years). This is not to say that it is not just as useful as the ICD 493 data, but I simply wanted to compare apples with apples, so to speak.

27.3 Peter M. Joseph, Letter to Greg Bogdan, July 29, 1996. This letter suggests that, with respect to the Bogdan study, symptom-onset times be considered in the design of future studies.

27.5a Ed McLaughlin, Testimony before Board of Pesticide Control, July 7, 1994: "If Maine blueberry growers believed the use of Velpar, as prescribed by label, was a threat to human health or the environment, they would not use this product."

27.5b "Velpar foes criticize agriculture chief nominee", Associated Press, Kennebec Journal, February 27, 1995, p.18.

28.1a James A. St. Pierre, Testimony to the Agriculture, Conservation, & Forestry Committee in Opposition to the Nomination of Ronald B. Lovaglio to be Maine Commissioner of Conservation, February 14, 1995.

28.1b Dieter Bradbury, "Legislative committee confirms Lovaglio as conservation chief", Portland Press Herald, February 15, 1995, p.B1.

28.2a Robert Judge, Testimony before the Committee on Natural Resources, Maine State Legislature, Hearing on An Act to Repeal The Motor Vehicle Emission Inspection Program (LD-48), April 19, 1995.

28.2b Clean Air Act, Section 179(b).

28.3a Ken Miller, "Key to water-fuel: Teaching water, gas to get along", "Water-gas inventor driven by fight for clean air", "Clean, cheap, plentiful fuel is half water"; Gannett News Service, February 9, 1996; Seattle Times Web Archive; retrieved December 27, 1996.

28.3b Ken Miller, "Water-based fuel: Clean, cheap, around the corner", USA Today, February 12, 1996, p.2A.

28.3c Erich Schunter, "Alternative Fuel", Products for a Better World, June 19, 1996, http://www.betterworld.com/BWZ/9602/product.htm.

28.3d Robert Edwards, "A-21 -- Too Good to be True?: Evaluating the Technical and Political Realities -- The "new miracle fuel" probably works, but don't expect to be running your pickup on the stuff anytime soon"; News Reporter, People's Network Inc., June 24, 1996, p.11.

28.4 See note 8.1, note 8.2, note 8.4, note 9.9, and note 9.10.

28.5 Technical Bulletin No. 2, "Effects of Fuel Sulphur Levels on Mass Exhaust Emissions", Auto/Oil Air Quality Improvement Research Program, CRC, February 1991. Lowering gasoline sulphur content from 466 ppm to 49 ppm reduces NOx, CO, and HCs by 9%, 13%, and 16% respectively, (p.1).

28.6 Huel C. Scherrer and David B. Kittelson, "I/M Effectiveness as Directly Measured by Ambient CO Data", Society of Automotive Engineers International Congress and Exposition, February 28 - March 3, 1994, Paper #940302. Also see note 8.10.

28.7 "EPA Response to `I/M Effectiveness ...'" (see note 28.6), no author identified; this 3-page EPA document dated February 28, 1994 was provided by Letter from Richard D. Wilson, Director, Office of Mobile Sources, United States EPA, to Hon. Robert K. Dornan, April 7, 1994.

28.8 H. C. Scherrer and D. B. Kittelson, "Authors Reply to U.S. EPA's Comments on `I/M Effectiveness ...'" (see note 28.6 and note 28.7); submitted by open letter from Scherrer and Kittelson to Richard D. Wilson, May 12, 1994.

29.1 See note 6.4.

29.2 Fiorella Belpoggi, Morando Soffritti, and Cesare Maltoni, "Methyl- Tertiary-Butyl Ether (MTBE) -- A Gasoline Additive -- Causes Testicular and Lymphohaematopoietic Cancers in Rats", Toxicology and Industrial Health, Vol. 11.2, 1995, p.119.

29.3 Cesare Maltoni, Curriculum vitae.

29.4a C. Maltoni, and C. Scarnato, "Le prime prove sperimentali dell'zione cancerogena del benzene", Gli Ospedali del Vita 4:111-113, 1977.

29.4b C. Maltoni, and C. Scarnato, "First experimental demonstration of the carcinogenic effects of benzene. Long-term bioassays on Sprague-Dawley rats by oral administration", Med. Lav. 70:52-357, 1979.

29.4c C. Maltoni, B. Conti, G. Cotti, A. Mandrioli, C. Scarnato, and L. Valgimigli, "Benzene: an experimental multipotential carcinogen, The up-to- date-results of the long-term bioassays performed at the Bologna Institute of Oncology." Instituto Superiore di Sanita, Report No. ISSN-0391-1675. pp.1-55, 1982.

29.4d J. E. Huff, "Toxicology and carcinogenesis studies of benzene (CAS No. 71-43-2) in F344/N rats and B6C3F1 mice (gavage studies).", Technical Report No. 289, National Toxicology Program, Department of Health and Human Services, Washington DC, 1986.

29.5 Cesare Maltoni and Morando Soffritti, Editorial, "Gasoline as an Oncological Problem", Toxicology and Industrial Health, Vol.11.2, 1995, p.115.

29.6 Robert Judge, Telephone Conversation with JCH, August 26, 1996.

29.7 Chuck Freed, USEPA Director of Fuels and Energy, "Reformulated Gasoline", Viewgraph Presentation prepared for Clean Air Workshop, Clean Fuels Development Coalition, St. Louis, Missouri, August 7, 1996.

30.1 "List of Reformulated Gasoline Program Areas -- Opt-outs", provided via FAX to JCH by Stuart Romanow, Fuels and Energy Division, USEPA, Washington, DC 20460, Tel: 202-233-9296, August 30, 1996.

30.1.1 See note 8.44.1 and note 26.2.1.

30.2 Downstream Alternatives Inc., P.O. Box 190, Bremen, IN 46506, Tel: 219-546-4204, FAX: 219-546-5845.

30.3 Robert E. Reynolds, "Information Prepared for the (COMMITTEE)", August 30, 1996, p.1.

30.4 David C. Chou and Jeffrey Long, "Comparison of the Exhaust Emissions from California Phase I (without oxygenates) and Phase II (with oxygenates) Fuel: A Case Study of 11 Passenger Vehicles"; SAE Technical Paper Series, #961221, International Spring Fuels & Lubricants Meeting, Dearborn, Michigan, May 6-8, 1996.

31.1 Inside back cover (p.37).

31.2 Julian C. Holmes, Telephone Conversation, with Renewable Fuel Association, One Massachusetts Avenue N.W., Washington, DC 20001.

31.3 Meeting Notes, ETAG, November 12, 1996; Agenda, January 13, 1997.

31.4 Federal Register, Vol. 61, No. 144, p.39032-3, July 25, 1996, Rules and Regulations, Re: EPA, 40 CFR 51. Modified I/M requirements for population centers in the ozone transport region. Rule effective September 23, 1996.

31.5 Telephone conversation, JCH and Ron Severance, Chief of Mobile Sources, Bureau of Air Quality, MDEP.

31.5.1 Notice FAXed to ETAG "stakeholders" from Andrea LaPointe, MDEP Air Quality Bureau, January 9, 1997. This notice of the January 13 ETAG meeting enclosed four proposed emissions-testing procedures.

31.6 See note 28.2.

31.8 See note 21.4, and note 21.6.

31.8.1 Edward O. Sullivan, Letter to JCH, February 6, 1997.

31.8.2 See note 31.8.1.

31.8.3a Douglas Watts, "Emissions tests on the comeback", The Capital Weekly, February 27, 1997, p.A1.

31.8.3b Bonnie Washuk, "DEP planning sequel on auto emissions testing", Lewiston Sun-Journal, March 9, 1997, p.1A.

31.8.3c Bonnie Washuk, "RFG critics still fuming", Lewiston Sun-Journal, March 9, 1997, p.1A.

31.8.4a & b John P. DeVillars, Regional Administrator, USEPA, Region I, Letters to New Hampshire Governor Jeanne Shaheen and Maine Governor Angus S. King Jr., June 6, 1997.

31.8.4c Tom Farkas, "Feds warn state on car testing", Capital Weekly, June 26, 1997, p.A1.

31.8.5 Garry Rayno, "State to sue for clean air", Foster's Daily Democrat, October 18, 1997, p.1.

31.9 Paul Coninx, "Specific Scientific and Technical Issues Relating to the Effectiveness of I/M Programs", prepared for the Automobile Protection Association, Toronto and Montreal; June 1996. Paul Coninx, Consulting Services, can be reached at Tel/FAX 514-488-7961, 5721 Terrebonne Street, Montreal, Quebec, Canada, H4A 1A9.

32.1a See note 31.4.

32.1b Hon. James B. Longley, Jr., Press Release, "New EPA "Car Testing" Mandates on Mainers", October 21, 1996.

32.1c Hon. James B. Longley, Jr., Letter to Governor Angus King, October 21, 1996. Notes that EPA will be requiring Gov. King to submit I/M-CARTEST legislation to the Maine Legislature.

32.2 Paul Coninx, "APA Report on the British Columbia AirCare Program -- Year 3", November 1996.

32.3 "Air Pollution -- Unresolved Issues May Hamper Success of EPA's Proposed Emissions Program", U.S. Gen. Accounting Office, GAO/RCED-92-288, Sept. 1992.

32.4 Jerome Aroesty et al, "Restructuring Smog Check: A Policy Synthesis", RAND, DRU-885-CSTC, Prepared for the California Senate Transportation Committee, October 1994, p.123.

32.5 See note 32.4, p.124.

32.6 Clearing The Air, Newsletter of S.A.V.E. Kansas City [Sensible Approaches to Vehicles and the Environment in Kansas City], January 1997.

32.7 Thomas Frank, "Car-test firm has big clout -- Envirotest founder uses government", Denver Post, July 28, 1996.

32.7.1a George Manlove, "NRC says emissions trade unfair", The Kennebec Journal, July 7, 1994, p.1.

32.7.1b Dieter Bradbury, "Louisiana-Pacific has poor environmental track record", The Kennebec Journal, July 12, 1994, p.1.

32.7.1c Dieter Bradbury, "Manufacturer lacking credits to win permits", Kennebec Journal, July 13, 1994, p.11. "Louisiana-Pacific Corp. may need even more "pollution credits" from southern Maine motorists to win all the permits it needs for its waferboard plant in Aroostook County."

32.7.1d Paul Carrier, "Governor will trade credits", Kennebec Journal, July 20, 1994, p.1.

32.7.1e "Pollution credit bank urged", Associated Press, Kennebec Journal, August 4, 1994, p.11.

32.7.2 Findings of the Governor's Committee on Emissions Trading, December 22, 1995, p.2.

32.7.3 "Welcome Mat for Polluters?", Environment News Brief, New York Times, May 25, 1997.

32.7.4a Press Release, Minnesota Power, January 5, 1995. Minnesota Power, Warren Hudelson, (218) 723-3934; ADESA, Larry Wechter, (317) 862-7220.

32.7.4b Sheri Vazzano, "Minnesota Power plans to buy auto auction company", Duluth News-Tribune, January 6, 1995.

32.7.5 Jim Van Dell, "UPDATE ON I/M-240 & CAR SCRAPPAGE ISSUES -- NOTABLE UN-QUOTABLES: from January 24, 1995 I/M STAKEHOLDERS MEETING in Ann Arbor, Michigan", January 25, 1995; P.O Box 1004, Duluth, MN 55810-1004. "ADESA buy is complete -- MinnPower sole owner; new CEO announced", Duluth News-Tribune, August 22, 1996, p.1B.

32.7.6 "Unocal means business in getting clunkers off Southland highways", Associated Press, The San Bernadino Sun, August 20, 1995, p.A3.

32.7.7a "Oil firms use smog credits to pollute, suit says", Associated Press, Sacramento Bee, July 24, 1997.

32.7.7b Michael White, "Lawsuit filed over fumes from loading of gasoline -- A group (CBE) charges oil companies with creating hazards in minority neighborhoods", Associated Press, Orange County Register, July 24, 1997.

32.7.7c John J. Fialka (Wall Street Journal), "Selling pollution as a commodity -- Trading junked cars for toxins -- Neighbors not keen on pollution trading", Sacramento Bee, October 12, 1997.

32.8 Dieter Bradbury, "King says state faces pollution disaster", Kennebec Journal, March 21, 1995, p.9.

32.10a See note 5.10b, and note 13.9. At the June 28, 1995 hearing, Governor King's Air Quality Bureau Chief John Davis neglected to inform his audience that automobiles account for less than 4% of VOCs produced in Maine; and that over 90% of Maine's own VOCs are crafted by mother nature! See note 21.12 and note 5.3.

32.10b Revised Draft 1990 Base Year Air Emissions Inventory and the Revised Draft 15% Rate-of-Progress Plan (State Implementation Plan for submittal to the United States Environmental Protection Agency); BEP hearing, June 28, 1995, 1:00 PM, Comfort Inn, Augusta, Maine. This SIP utilizes RFG instead of I/M to reduce VOCs.

32.11 See note 21.12.

32.12a See note 21.12. The MDEP inventory of VOC emissions for York, Cumberland, and Sagadahoc Counties lists highway mobile VOC emissions as 14% of the total VOC emissions for those counties.

32.12b To the best of my knowledge, no gasoline used in Maine "provides clean air" from automobile engine exhaust, to say nothing of how gasoline "provides a healthy economy".

32.12c The claim "no cancer link" to MTBE seems to contradict published research. Although the Oxygenated Fuels Association believes existing cancer studies on animals may not be relevant, it does admit that MTBE causes cancer: "In animal experiments, cancer occurs only at very high doses, accompanied by severe cell injury, including cell death." See note 23.6, p.13. The U.S. Government Agency for Toxic Substances and Disease Registry (ATSDR) cites apparent MTBE-cancer linkage: "increased incidence of hepatocellular adenoma in high dose females [mice] attributed to MTBE exposure": see note 32.12e, page 57-58; and Burleigh-Flayer et al, note 32.12f. The USEPA says, "Studies also show that lifetime exposure to MTBE in air causes cancer in animals": see note 32.12g. Also see Belpoggi et al, note 29.2; and Mehlman, note 19.4, note 19.5b and note 20.4. Furthermore, formaldehyde, a product of MTBE/RFG combustion, is carcinogenic: see note 32.12h.

32.12d The oft-heard claim that "MTBE [in RFG] replaces 24% benzine in regular gasoline" should be examined carefully. In regular gasoline sold in Maine, between 1 and 2% MTBE is added to the mix for octane enhancement (USEPA, Robert Judge, telephone conversation with JCH, September 3, 1997); benzene is about 1.5%. In Maine RFG, MTBE is about 11% of the mix; benzene about 1%. So in Maine, going from regular gasoline to RFG means 9 to 10% MTBE replaces .5% benzene.

32.12e "Toxicological Profile for Methyl tert-Butyl Ether [MTBE]", Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, August 1996, p.202.

32.12f H.D. Burleigh-Flayer, J.S. Chun, W.J. Kintigh, "Methyl Tertiary Butyl Ether: "Vapor Inhalation Oncogenicity Study in CD-1 Mice", Union Carbide, Bushy Run Research Center Report 91N0013A, 1992.

32.12g Chemicals in the Environment: Methyl-Tert-Butyl-Ether (CAS No. 1634-04-4), MTBE Fact Sheet, Office of Pollution Prevention and Toxics, USEPA, EPA-749-F-94-017, August 1994.

32.12h Hazardous Substances Resource Guide, Richard P. Pohanish and Stanley A. Greene, Editors; Gale Research Inc., Detroit, London, 1993, ISBN 0-8103-8494-6.

32.13 Angus King, Memorandum to George Neavoll, September 21, 1994.

32.14 See note 6.2.

32.15 Julian C. Holmes, Letter to Hon. Angus King, June 5, 1996. This letter discussed economic development, environmental protection (RFG), and white- collar crime. Also see note 5.1.

33.1 Governor Angus King, Letter to the Central Maine (Waterville) Morning Sentinel, May 1, 1995.

33.2 Clean Air Act, see note 11.4.

33.3 See note 23.6, p.36.

33.4a John P. DeVillars, Administrator, Region I (New England), USEPA, Statement to the U.S. Congress SubCommittee on National Economic Growth, Natural Resources, and Regulatory Affairs of the Committee on Government Reform and Oversight, May 26, 1995, South Portland, Maine. DeVillars said, "EPA has also worked with Maine to obtain a waiver from certain NOx-control requirements ...for the area outside of Maine's moderate nonattainment areas." The waiver was granted: Federal Register, Vol. 60, No. 247, December 26, 1995, p.66748-66755 & p.66778.

33.4b See note 33.4a. A similar NOx-emission waiver-request was submitted by the State of Texas to Regional Administrator Jane Saginaw (Region 6), USEPA. The Lone Star Chapter of the Sierra Club (Austin, Texas) opposed granting the waiver request "since it is not based on a sound scientific approach and is not in the public interest by failing to protect citizens from NOx impacts.", Neil J. Carman, Clean Air Program Director, September 28, 1994. The waiver was granted.

33.5 See note 5.5.

33.6 See note 16.4.

33.7a The citizen-initiated Ban Clearcutting Referendum was intended to protect Maine's forests from today's industrial overcutting which is outstripping forest growth.

33.7b "A snapshot of the state's forest", Kennebec Journal, September 5, 1996, p.1. U.S. Forest Service figures show Maine forest cut-to-growth ratio of 1.2/1.

33.7c The Sears Island Cargo Port was planned to facilitate shipping raw Maine timber to Japan in the form of wood chips.

33.8a The Maine Departments of State Planning, of Marine Resources, of Inland Fisheries and Wildlife, and of Conservation were engaged to provide technical and scientific justification for political policy. Also see note 32.15.

33.8b Stephen Miller, Executive Director, Ilesboro Islands Trust, Letter to Department of Marine Resources Commissioner Robin Alden, December 11, 1995. This letter analyzed the DMR science developed to challenge U.S. Government agency findings that the environment at Sears Island might not benefit from the plan to develop it industrially.

33.8c Paul Carrier, "King gives up pushing port on Sears Island", Kennebec Journal, February 29, 1996, p.1.

33.8d Ron Huber, "Sears Island Chip Port Canned! -- Huge Victory for Maine's Coast and Forests"; Earth First!, March 20, 1996, p.1.

33.8e Mitch Lansky, "Taxpayers Foot Bill on Shoddy Economic Study Designed to Defeat [Ban-Clearcutting] Referendum", The Northern Forest Forum, Mid Summer 1996, p.10.

33.8f Spencer Phillips, The Wilderness Society, "Anti-Clearcut Referendum Economic Impact Study by State Riddled With Biased, Faulty Assumptions", The Northern Forest Forum, Mid Summer 1996, p.12.

33.9 Dan McGillvray, "Nynex E-911 deal rejected", Kennebec Journal, December 14, 1996, p.1. The appeals board found that the State, illegally, determined the contract award before scoring the bids, and without evaluating costs for upgrading from analog to digital technology.

33.10 Gary J. Remal, "King taking on air-polluting giants", Kennebec Journal, November 28, 1996, p.1.

33.11 Paul Carrier, "King: Feds won't force CarTest revival", Kennebec Journal, December 4, 1996, p.9.

33.12 See note 31.8.5.

33.13a Brian Glick, "War At Home -- Covert Action Against U.S. Activists and What We Can Do About It", South End Press, 1989.

33.13b Jessica Mitford, "The Trial of Dr. Spock", Alfred A. Knopf, 1969.

33.13c Ross Gelbspan, "Break-ins, Death Threats and the FBI -- The Covert War Against the Central America Movement", South End Press, 1991.

33.13d Judi Bari, "Timber Wars -- The Writings Subpoenaed by the FBI", Common Courage Press, 1994.

34.1a Lois Marie Gibbs, "Dying From Dioxin -- A Citizen's Guide to Reclaiming Our Health and Rebuilding Democracy", South End Press, 1995.

34.1b John Gayusky, "EPA Pushes On With Incineration; Ignores Own Dioxin Warnings", Everyone's Backyard, Spring 1995, p.8.

34.1c Lois Gibbs, "Mt. Dioxin: "Clean Up" Action Threatens Florida Community -- Citizens Protest EPA's Plans and Organize C.A.T.E. (Citizens Against Toxic Exposure) -- C.A.T.E. Members Fear More EPA "Cleanup Plans", Everyone's Backyard, Spring 1995, p.4.

34.1d Lois Marie Gibbs, "EPA Ombudsmen -- Community Friends or Foes?", Everyone's Backyard, Spring, 1997, p.6. Gibbs writes of the contempt and disrespect shown by EPA ombudsmen for citizen community leaders. 34.1e Peter Montague, "Why is EPA Ignoring Monsanto?", Rachel's Environment & Health Weekly #563, September 11, 1997. Montague details current EPA action to intimidate citizens in Missouri who are investigating the dioxin pollution of their communities. Among other Missouri sites, Times Beach was severely contaminated with dioxin-laced waste-oil spread on town roads to control dust in 1971. 34.1f Clay Carter, "Incinerate Or Else: Grassroots Environmentalists Fight EPA Extortion Strategy", Everyone's Backyard, Fall, 1989, p.1. 34.1.1 William Sanjour, Letter to EPA Administrator Carol Browner, April 2, 1997. 34.1.2 Telephone conversations with staff at the office of the EPA Administrator, July 7, 1997. JCH was told that a response to the Sanjour letter of April 2, 1997 "is being prepared by the EPA Office of General Counsel". 34.2 John Stauber and Sheldon Rampton, "Toxic Sludge is Good For You", Common Courage Press, 1995. 34.3 Charlotte Brody and Lois Gibbs, Everyone's Backyard, Winter 1996, p.26. 34.3.1a Stephen Lester, "MTBE: Ozone Solution or A New Kind of Pollution?", Everyone's Backyard, Spring 1995, p.14. 34.3.1b Stephen Lester, "MTBE: Industry's Choice For Clean Air Requirements", Everyone's Backyard, Spring 1995, p.16. 34.3.2 Stephen Lester, "EPA's Approach to Risk: Ignore the Facts and Issue the Permit", Everyone's Backyard, Fall 1997, p.4. 34.4 Adrian Croft, "U.S. Court overturns EPA rule on import of chemicals", Reuter, 10:46PM ET July 7, 1997. "It's a great victory for the environment, for kids' health, for the health of the American public in general," said Rebecca Bernard, a staff attorney for the Sierra Club environmental group which had asked the court to review the EPA regulation. 34.4.1 Framework for Environmental Health Risk Management -- Final Report, Volume 1, The Presidential/Congressional Commission on Risk Assessment and Risk Management, 1997, p.i. 34.4.2 See note 34.4.1, pages 5 & 15. Also see: Meredith Goad, "Lesson seen in state's failed emission tests -- A federal commission says regulators must learn to heed the public's concerns", Portland Press Herald, January 30, 1997. 34.4.3 See note 34.4.1, p.16. 34.4.4 See note 34.4.1, p.16. 34.4.5 See note 34.4.1, p.37. 34.4.6 See note 34.4.1, "Examples of Risk Management Actions", p.42. 34.4.7 See note 34.4.1, "Involving Stakeholders in Maine", p.21. 34.4.8 Clarke Canfield, "Turnpike widening camps face off", Kennebec Journal, October 1, 1997. U2 See note U2.22.23. U2.1a Andrew Kekacs, "Augusta unkind to eco-issues -- Environmental proposals facing unexpected defeat", Bangor Daily News, May 26, 1997, p.A1. U2.1b Francis X. Quinn, "Senate joins House in nixing first anti-dioxin legislation", Kennebec Journal, May 24, 1997, p.14. U2.1.1a Gordon Bonin, "State OKs emission plan study", Foster's Daily Democrat, May 22, 1997. U2.1.1b See note 31.8.3a. U2.1.1c Bonnie Washuk, "DEP planning sequel on auto emissions testing" Lewiston Sun-Journal, March 9, 1997, p.1A. U2.2 Legislators' Handbook, Office of Policy and Legal Analysis, Maine State Legislature, November 1996, p.69. U2.2.1 "Leaking Underground Storage Tanks", Rachel's Environment and Health Weekly #229, Electronic Edition, April 17, 1991; Environmental Research Foundation, P.O. Box 5036, Annapolis, Maryland 21403; http://www.monitor.net/rachel/ U2.2.2 See note U2.2.1, p.4: Federal Register, April 17, 1987, p.12674. U2.2.3a Dennis J. Oliver, "Report rips oil refineries, power plants", Oakland Tribune, May 30, 1997. Report's author is The Environmental Working Group, Washington, DC. U2.2.3b Dennis J. Oliver, "Gas additive fouling air -- Reformulated fuel's emissions raise health issues -- MTBE levels in the air increasing", Oakland Tribune, June 13, 1997, p.A-1. U2.2.3c Dan Morain, "Fuel Additive Under Attack as Health Risk", Los Angeles Times, June 2, 1997, p.A3. U2.2.3d Sara Fritz and Dan Morain, "Stealth Lobby Drives Fuel Additive War", Los Angeles Times, June 16, 1997, p.A1. U2.2.4 Myron Mehlman, Letter to The Los Angeles Times, June 18, 1997. U2.2.5 See note U2.2.4. The Los Angeles Times edited out 60% of Mehlman's letter as submitted, and published the remainder on June 24, 1997, p.B6. U2.3 Myron Mehlman, Testimony before Maine Legislature Joint Standing Committee on Health and Human Services, March 25, 1997. U2.4 LD-658, "An Act to Reduce MTBE in Maine Drinking Water", 118th Maine Legislature, First Regular Session-1997. U2.5a Philip W. Haines, Deputy Director, Maine Bureau of Health, Testimony in opposition to LD-658, before the Maine Legislature Committee on Health and Human Services, March 25, 1997. U2.5b Andrew Smith, State Toxicologist, Bureau of Health; and Philip Kemp, Toxicologist, Bureau of Health; Background Material Supporting the Department of Human Services (Bureau of Health) Position in Opposition to LD-658, March 25, 1997. Kemp was a member of the State Task Force on the health effects of RFG in Maine (see note 7.7), and he was an author of the Bureau of Health Report on the Relationship between MTBE and hospitalizations for asthma in Maine (see note 26.3). U2.6a George Seel, Director of Technical Services, Bureau of Remediation and Waste Management, Maine Department of Environmental Protection, Testimony before Health and Human Services Committee, March 25, 1997. U2.6b Edward O. Sullivan, Commissioner of Environmental Protection, Testimony before the Natural Resources Committee, April 4, 1997, p.2. U2.6.1 See note U2.38.1. U2.6.2 Andrew E. Smith, Maine State Toxicologist, "Briefing Memorandum -- Update on health-related information on MTBE reformulated gasoline", to Maine Governor Angus King, June 24, 1997, p.4. U2.7 Testimony by David F. Hale, Commissioner, Lisbon Water Department, March 25, 1997. U2.7.1 MTBE STUDIES -- By industry and others, 1969-1994 (57 items, 7 pages). U2.8 Dan Fagin, Marianne Lavelle, and the Center for Public Integrity, Toxic Deception -- How the Chemical Industry Manipulates Science, Bends the Law, and Endangers Your Health, Birch Lane Press, 1996, p.33-34. U2.9 Nancy Balter, Prepared Testimony, April 4, 1997; see also note 23.6.1. U2.10 David Fierra, Director, Office of Ecosystem Protection, USEPA, Region 1, Boston, Massachusetts. U2.11 Myron Mehlman, Testimony prepared for the Maine Legislature, March 25, April 4, and April 11, 1997 (note 26.2.1a). U2.11.1 Notes taken by JCH on March 25, 1997 before the Health and Human Services Committee and on April 4 before the Natural Resources Committee. U2.11.2a James D. Libby, "Senator Jim Libby Asks Your Opinion", Our Towne News, Alfred, Maine, June 4, 1997. Survey. U2.11.2b Senator James Libby, "A Message From Senator James Libby", Our Towne News, Alfred, Maine, June 18, 1997. Survey results. U2.11.3 through U2.11.9 See note U2.11.1. U2.11.7 Ruth Gabey, Testimony, April 4, 1997. U2.11.10 Rep. Verdi L. Tripp, Prepared Testimony before the Natural Resources Committee, April 4, 1997. U2.12 See note U2.5. U2.13a Maine Commission on Government Ethics and Election Practices, "Biennial Report", 1994-1995. U2.13b Julian Holmes, "Yard-sale prices for these politicos", Guest Column, Capital Weekly, May 1, 1997, p.A11. U2.13c Paul Schreiber, "Their Mission? Managing Crises", Newsday, February 3, 1997. Reports Oxygenated Fuels Association lobbying efforts with a public- relations firm which provided "three-inch information binders to journalists, placed $2 million worth of advertising around the country, and shipped 4000 videos to statehouses, Congress, community groups and every legislator in Wisconsin." U2.13d Ralph Stevens, "The push for reformulated gas is all about money", Letter to the Editor, Foster's Daily Democrat, Dover, N.H., August 30, 1997. "We are being fleeced in the name of clean air and duped by the EPA into thinking that we are doing something to help the environment, when in reality we may well be making it worse", says Stevens. U2.14 Lois Marie Gibbs, Dying from Dioxin, South End Press, 1995, p.216. U2.15a Douglas Watts, "Toxics Report: Beware of fish in Maine rivers", Capital Weekly, March 6, 1997, p.A1. U2.15b Douglas Watts, "Fetuses at risk, toxicologist says", Capital Weekly, March 6, 1997, p.A10. U2.16a Dora Mills, Director, Maine Bureau of Health, Testimony supporting LD-1633, before the Natural Resources Committee, April 8, 1997. U2.16b LD-1633, "An Act to Make Fish in Rivers Safe to Eat and Reduce Color Pollution", 118th Maine Legislature, First Regular Session-1997. U2.17 LD-1577, "An Act to Eliminate Paper Mill Dioxin and Restore Maine's Rivers", 118th Maine Legislature, First Regular Session-1997. U2.17.1 Stephen J. Silva, Manager USEPA Maine State Office, Letter to the Editor, "EPA weighing dioxin bills", Lewiston SUNDAY, March 9, 1997, p.3D. U2.17.2 "House rejects bill to eliminate dioxin", Associated Press, Portland Press Herald, May 23, 1997, p.3B. U2.18 Jym St. Pierre, "Investing in Maine Politics", The Northern Forest Forum, Mud Season 1997, p.20. U2.19 See note U2.13a. U2.20 See note 6.1. U2.21a See note U2.1.1. U2.21b Gordon Bonin, "Anti-pollution ad campaign launched", Foster's Daily Democrat, August 11, 1997. p.4. U2.21.1 Telephone Conversation, JCH with Legislative Council Executive Director Sally Tubbesing, August 4, 1997. U2.21.2 See note U2.21.1. U2.21.3 "Transcribed portion of 5/29/97 Legislative Council Meeting re: Committee to Study Health Effects on [sic] Reformulated Gasoline", Rose Breton, Executive Office of the Legislative Council, August 7, 1997. U2.21.4 Sally Tubbesing, "Legislative Council Action on Proposed Study Commissions, May 20, 1997" p.6. U2.21.5 Telephone conversations between JCH and Senators Amero, Lawrence, Pingree, and Rand, and Representative Richard Campbell, August, 1997; I did not reach the other Council members (Senator Kieffer or Representatives Donnelly, Kontos, Mitchell, or Saxl) U2.21.6a "Maine Lawmaker protests disbanding of reformulated gasoline committee", Associated Press (Augusta, Maine), August 20, 1997. U2.21.6b "Lawmaker protests disbanding of reformulated gasoline committee", Associated Press, Lewiston Sun Journal, August 21, 1997. U2.21.7a Hon. Verdi L. Tripp, Memorandum to Members of the Legislative Council, Maine Legislature, August 22, 1997. U2.21.7b "Marginal Notes" Column, Maine Times, August 21, 1997, p.17. U2.21.8 Hon. Verdi L. Tripp, Letter to Maine Speaker of the House of Representatives, Elizabeth Mitchell, August 13, 1997. U2.21.9 Hon. Verdi L. Tripp, Testimony and Discussion at hearing on LD-658 before the Natural Resources Committee, April 4, 1997. U2.21.10 Public Hearings, COMMITTEE to Study the Health Effects of Reformulated Gasoline: Scarborough Town Office, September 12, 1996; and Wiscasset High School, September 24, 1996. U2.21.11 See note U2.21.8. U2.21.12 Hon. Verdi L. Tripp, see note U2.21.7a. U2.21.13 Gordon Bonin, "Maine gasoline study committee is revived", Foster's Daily Democrat, Dover N.H., August 23, 1997, p.18. U2.21.13.1 See note U2.21.13. U2.21.14 Hon. Jeffrey H. Butland, President of the Senate; and Hon. Dan A. Gwadowski, Speaker of the House; Letter to David E. Boulter, Director, Office of Policy and Legal Analysis, May 22, 1996. U2.21.15 Liz Chapman, "Physicist alleges government, gas companies in RFG conspiracy", Lewiston Sun Journal, September 30, 1997. p.1A. U2.22a Maine Bureau of Health, Department of Human Services, Letter dated October 22, 1997 from Philip W. Haines and Andrew E. Smith to the COMMITTEE. U2.22b Maine Bureau of Health, Briefing Memorandum to Governor Angus King from State Toxicologists Andrew E. Smith and Phil A. Kemp, June 18/24, 1997. U2.22c COMMITTEE Letter to Philip W. Haines, Dr.P.H., October 8, 1997. U2.22.1 See note 8.30. U2.22.2 See note 8.19. U2.22.3 See note 8.37. U2.22.4 See note 8.42, and note 8.42.1. U2.22.5 See note 8.41. U2.22.6 See note 8.39. U2.22.7 See note 8.23, p.233-235. U2.22.8 See note 8.22. U2.22.9 See note 8.37.2. U2.22.10 See note 26.2.1. U2.22.11 See note 22.5. U2.22.12 See note U2.5. U2.22.13 See note 19.5c. Also: Paul J. Lioy et al, "Microenvironmental and Personal Measurements of Methyl-Tertiary Butyl Ether (MTBE) Associated with Automobile Use Activities" J. of Exposure Analysis and Environmental Epidemiology, Vol. 4.4, 1994, p.427. U2.22.14 See note 22.5, p.408. U2.22.15 See note 32.12e, p.95. U2.22.15.1 See note 22.8.1. U2.22.16 See note 22.5, and note 9.7.1b. U2.22.17 See note 25.3a. U2.22.18 See note U2.2.3b. U2.22.19 See note 9.10, p.160, and note 9.8, p.28. U2.22.20 See note 9.10, p.76. U2.22.21 See note 9.12, p.1.45. U2.22.22 See note 5.10a, and note 5.12.1. U2.22.23 Julian C. Holmes, "Dirty Water, Dirty Air, The Politics of RFG and CARTEST, a Report to the Select COMMITTEE to Study the Health Effects of Reformulated Gasoline", Maine State Legislature, March 21, 1997, p.57-60. U2.22.24 See note 8.23, p.237. U2.22.25 See note 8.8.1, and note 9.3. U2.22.26 See note 9.12, p.1.43. U2.22.27 Hearings in March, April, and May 1997 before the Health and Human Services Committee, the Natural Resources Committee, and the Select Committee to Study the Health Effects of Reformulated Gasoline. See note U2.21.10 for 1996 hearings of the COMMITTEE. U2.22.28 See note U2.38.12a. U2.22.29 See note U2.38.12b. U2.22.30 See note U2.5b. U2.22.31 See note 7.7. U2.23a Myron Mehlman, Testimony on SB-521 before the California State Senate Environmental Quality Committee, May 13, 1997. U2.23b "Chronology of Benzene and Butadiene Maximum-Concentration-in-Air Standards for Workplace in the United States", prepared by Myron A. Mehlman, April, 1997. From 1946 to 1987 the standard for benzene changed from 100 ppm to l ppm with a 1986 NIOSH (National Institute for Occupational Safety and Health) proposal that the standard be set at .1 ppm. In 1991, the OSHA (Occupational Safety and Health Administration) standard for butadiene of 1000 ppm was proposed by OSHA to be set at 2 ppm; the Collegium Ramazzini proposed 0.2 ppm, and NIOSH proposed 0.006 ppm. U2.23.1 Bernard D. Goldstein, Director, Environmental and Occupational Health Sciences Institute, 681 Frelinghuysen Road, Piscataway, NJ; Letter to Brian S. Malone, Editor, Trenton Times, December 6, 1994. U2.23.2 See note U2.7. U2.24 Resolution No. 97-1850, March 19, 1997; testimony on SB-521 before the California State Senate Transportation Committee, April 15, 1997. U2.24.1 Testimony of Nachman Brautbar, April 15, 1997. U2.25 Placer County Water Agency, Auburn California, "POSITION PAPER REGARDING Methyl Tertiary Butyl Ether (MTBE) and SUPPORT FOR SB-521 (MOUNTJOY)", May 29, 1997. U2.26a Hon. Richard Mountjoy, Senator 29th District, California, "MTBE Threatens Californians", Capitol Comment, April 15, 1997. U2.26b Joseph L. Campbell, President, Contra Costa Water District, Letter to Senator Richard Mountjoy in support of SB-521, June 19, 1997. U2.26c Judy Mikels, President, Southern California Association of Governments, Letter to Hon. Richard L. Mountjoy, September 12, 1997. U2.26.1 Transcribed by JCH from video tapes of hearings on MTBE before the California State Senate Transportation Committee on April 15, and before the Senate Environmental Quality Committee on May 12, 1997. U2.27 Testimony of Don Dahl, April 15, 1997. U2.27.1 See note U2.26.1. U2.27.2 Peter M. Joseph, "Changes in Disease Rates in Philadelphia Following the Introduction of Oxygenated Gasoline", Paper #97-TA34.02, Air & Waste Management Association, 90th Annual Meeting & Exhibition, Toronto, June 8-13, 1997. U2.27.3 through U2.27.12: See note U2.26.1. U2.27.10 Prepared Testimony, John R. Froines, Senate Environmental Quality Committee, May 12, 1997. U2.27.11 See note U2.26.1. Also, Prepared Testimony of Jorge Mancillas before the California Senate Environmental Quality Committee, May 12, 1997. U2.27.13a James McDaniel, Master; and Kim Bridwell, Secretary; Gazelle Grange No. 380, Letter to State Senator Maurice Johannessen in support of SB 521, March 19, 1997. "This additive cuts down the mileage per gallon ... and also causes unnecessary damage to small engines, not to mention the pollutants in our air and water ..." U2.27.13b Betty Perry, Education and Research Coordinator, Older Women's League of California, August 22, 1997. "The toxic effects of this substance [MTBE] which appears so serious, should be documented so that appropriate action can be taken." U2.27.14 Patrick McCartney, "Impact to lake added to bill", Tahoe Daily Tribune, September 10, 1997, p.1A. U2.28 See note U2.26.1. U2.29 See note 9.10 (NRC Report). U2.30 See note 9.10 (NRC Report, p.81-3). U2.31 See note 9.10 (NRC Report, p.ix and p.2). U2.30.1 See note 9.10 (NRC Report, p.2). U2.32 See note U2.26.1, Hon. Tom Hayden, April 15, 1997. U2.33 See note U2.26.1, Hon. Richard Mountjoy, April 15, 1997. U2.34a Larry Salisbury, "California passes bill that could lead to a MTBE ban", Reuter, September 13, 1997. U2.34b SB-521, Senator Richard Mountjoy, Amended 4/7, 4/22, 5/22, 6/3, 8/29, and 9/9/97. U2.34c Senator Richard Mountjoy, "MTBE Study Sent to Governor", News Release, September 12, 1997. U2.34d Hallye Jordan, "Study of gasoline additive wins nod", San Jose Mercury News, September 16, 1997. U2.35a Senator Tom Hayden, "Hayden MTBE Bill Clears Legislature", News Release, September 12, 1997. U2.35b SB-1189, Senator Tom Hayden, Amended 4/16, 5/7, 5/20, 6/3, 8/25, 8/29, and 9/8/97. U2.36 Pamela Martineau, "Fuel leak in tiny town spreads health fears", Sacramento Bee, May 22, 1997. U2.36.1a Interview with Frieda Kubas, KSFO Radio (San Francisco) October 10, 1997. U2.36.1b Vic Pollard, "Wilson signs legislation to curb water pollutant -- Residents testify to contamination of wells by gasoline additive MTBE", Bakersfield Californian, October 10, 1997, p.A1. U2.36.1c Christine L. Peterson, "Water worries -- Glenville residents suffer well pollution", Bakersfield Californian, October 17, 1997, p.B1. U2.37a Taylor Flynn, "Toxic Tahoe", Mountain News, May 1997, p.23. U2.37b South Tahoe Public Utility District, Presentation to Lahontan Water Quality Control Board "Concerning Groundwater Contamination" (by PCE and MTBE), June 5, 1997. MTBE contamination at the Tata Lane well has "doubled every month" (since February). U2.37c Rick Hydrick, Memorandum, to Bill Roberson EPA Region 9, and Carol Browner, Administrator USEPA; "Response to Your Request for a Brief Concerning the Lahontan Regional Board's Response to the Toxic Plume from the Terrible Herbst Service Station in South Lake Tahoe", June 10, 1997. U2.37d Rick Hydrick, Memorandum to Bill Roberson, EPA Region IX, "Summary Information on MTBE in Tata Lane Well", June 11, 1997. U2.37.1a "Surprise finding in Tahoe research -- Gasoline residues exceed expectations", Associated Press, The Sacramento Bee, September 3, 1997, p.B3. U2.37.1b Glenn C. Miller, and Mary Fiore, "Preliminary Study on Gasoline Constituents in Lake Tahoe, Summer 1997, Environmental and Resource Sciences, University of Nevada, Reno, Nevada, 89557, October 24, 1997; Tel: 702-784-4108. U2.38 Walter Fickewirth, Chairman Board of Directors, Placer County Water Agency, Auburn, California 95604, June 24, 1997. U2.38.1 Chris Bowman, "Smog fighter's health risk questioned", Sacramento Bee, July 22, 1997. U2.38.2 See note U2.38.1. U2.38.3 Hal Stocker, Letter to Peter M. Rooney, Acting Secretary, Environmental Protection Agency (California), July 18, 1997. U2.38.3.1a U.S. Senator Dianne Feinstein, Letter to Hon. Carol M. Browner, September 24, 1997. U2.38.3.1b William Carlsen, "Feinstein Seeks Probe of Gas Additive -- Science panel urged to see how much MTBE is in water", San Francisco Chronicle, September 27, 1997, p.A1. U2.38.3.2a Patrick McCartney, "Gasoline pollution abundant", Tahoe Daily Tribune, September 25, 1997, p.1A. U2.38.3.2b Patrick McCartney, "Phaseout extension defeated", Tahoe Daily Tribune, September 25, 1997, p.1A. U2.38.3.2c "Tahoe board rejects pact [delay] on watercraft engine ban", Associated Press, Sacramento Bee, September 26, 1997, p.B3. U2.38.3.3 Patrick McCartney, "Donner pollution study blames boaters' engines", Tahoe Daily Tribune, October 3, 1997. U2.38.3.4a Duane B. Bordvick, Vice President, Tosco Corp.; Letter to California Air Resources Board Chairman John D. Dunlap III; October 17, 1997. U2.38.3.4b William Carlsen, "Refiner Seeks Reduction Of a Gasoline Additive - - Tosco cites MTBE's danger to water", San Francisco Chronicle, October 30, 1997, p.1. U2.38.3.4c "Tosco asks state to get rid of MTBE additive -- Cleaner-burning gasoline ingredient is turning up in wells, reservoirs", Associated Press, San Francisco Examiner, October 31, 1997. U2.38.3.5 "BAN MTBE-NOW!" CAMPAIGN LAUNCHED BY CBE", Internet (http://www.igc.org/cbesf/), October 17, 1997, Tel: 415-243-8373. U2.38.3.6 "CBE Wins Selenium Suit", CBE Environmental Review, Summer 1997. See also note 32.7.7. U2.38.4 National Environmental Policy Act (NEPA), Sec. 102 [42 USC 4332](2)(c). U2.38.5 Sec. 1502, "Environmental Impact Statement", Regulations for Implementing Procedural Provisions of the National Environmental Policy Act, 40 CFR 1500-1508. U2.38.6 Mary T. Smith, Director, Field Operations and Support Division, Letter dated January 23, 1995. This letter was sent to the leader of Fairbanks, Alaska citizens opposed to the use of MTBE in Fairbanks. U2.38.7 Telephone conversation, JCH with USEPA Fuels Implementation Group Manager Lori Stewart, USEPA Headquarters, September 22, 1997. U2.38.8 Energy Supply and Environmental Coordination Act (1974), 15 USC 793(c)(1). U2.38.9 Myron A. Mehlman, "The Use of The American People as Guinea Pigs", prepared for the California State Legislature, Sacramento, California, April 15, 1997. Mehlman wrote, "This hazardous chemical [MTBE] was not adequately tested prior to its use on a massive scale as a consumer product motor fuel in 1992." Also see note U2.11. U2.38.10 Section 211(k)(1) of the Clean Air Act [42 USC 7545(k)] mandates oxygenated-fuel (RFG) use in certain ozone-nonattainment areas. Section 211(m)(2)(B) mandates oxygenated fuel in certain carbon monoxide nonattainment areas. U2.38.11a Section 211(b) of the Clean Air Act [42 USC 7545] authorizes the EPA to obtain health-effect and other information from manufacturers of fuels and fuel additives. U2.38.11b "Summary of the New Fuel and Fuel Additive Registration Regulations", May 27, 1994. This document was provided by John Brophy, USEPA Headquarters, Washington, DC, September 26, 1997. U2.38.12a Margo T. Oge, Director, Office of Mobile Sources, Letter to Carol Henry, Ph.D., Director, Health and Environmental Services Department, American Petroleum Institute, August 20, 1997. U2.38.12b Tom Farkas, "Feds order mammoth MTBE study -- State unfazed despite possible health risks", Capital Weekly, September 18, 1997, p.A1. U2.38.13a Julian C. Holmes, Letter to Hon. Carol Browner, October 6, 1997. U2.38.13b Julian Holmes, "Secrecy taints national fuel additive study", Augusta Capital Weekly, October 9, 1997. U2.38.13c Charles N. Freed, Letter dated November 5, 1997 to Julian C. Holmes, in response to JCH letter of October 6, 1997 to Hon. Carol Browner. Regarding Freed's office, see also note 29.7, and note 30.1. U2.38.13d JCH, Letter dated November 14, 1997 to Hon. Carol Browner in response to the Freed letter of November 5, 1997 to JCH. U2.38.13e JCH, Letter to Hon. Carol Browner, November 17, 1997. U2.38.14 Telephone conversation, September 22, 1997. See note U2.38.7. U2.39.1 See note U2.3, and note 9.12, p.4.27 (unit cancer-risk table in Interagency Assessment of Oxygenated Fuels [1997]). U2.39.2 New Jersey: P.L. 1977, c.224, c.58: 12A-1 et seq. North Carolina has a similar provision: Title 15A, Section 2L-Groundwater Classification of North Carolina Standards, General Statutes. Section 102 Definitions (24) "Suitable for Drinking" defines "suitable for drinking" to mean:

U2.39.3 See note U2.11, and note U2.23a. U2.39.4 Statement by JCH to the COMMITTEE, December 2, 1997. U2.39.5 "Final Draft Report" of the Select Committee to Study the Health Effects of Reformulated Gasoline (The COMMITTEE), Augusta Maine, December 1997. U2.39.6 The first refinery was the Tosco Corp., see note U2.38.3.4. U2.39.7a "Chevron Seeks Changes to Reformulated Gasolines", News Release, Chevron Corporation, December 1, 1997; Contact: Fred Gorrell, 415-894-4443. U2.39.7b Jane Kay, "Chevron spurns polluting gas additive -- Says MTBE fouls water, not needed for cleaner fuel", San Francisco Examiner, December 2, 1997. U2.39.7c Kenneth Howe, "Chevron Asks Congress to Lift Additive Law -- Chemicals like MTBE have tainted water supplies", San Francisco Chronicle, December 2, 1997. U2.39.7d Dan Morain, "Chevron to Stop Using Anti-Smog Additive -- Company says agent MTBE does little to reduce air pollution and is a threat to water supplies", Los Angeles Times, December 3, 1997, p.A3. U2.39.8 "Drinking Water Advisory: Consumer Acceptability Advice and Health Effects Analysis on Methyl Tertiary-Butyl Ether (MTBE)", USEPA Document Number: EPA-822-F-97-008, December 8, 1997. U2.39.9 See note 9.12, Figure 2.2, p.2.26. U2.39.10a William Carlsen, "Boxer Urges Phaseout of Gas Additive -- Health hazards linked to MTBE", San Francisco Chronicle, December 10, 1997, p.A1. U2.39.10b Dan Morain, "Boxer Will Ask EPA to Curb Gas Additive", Los Angeles Times, December 10, 1997, p.A3. U2.39.11 Hon. Richard Mountjoy, "MTBE Is Contaminating Our Water", News Release, December 9, 1997. Mountjoy lists 25 California reservoirs where MTBE has been detected. U2.39.12 See note U2.26.1. U2.40.1 See note U2.22.23. 34.5a See note 35.3. 34.5b Thomas Love, "90-Day Ban on Septic Permits Declared in Prince Georges'", Washington Evening Star, April 16, 1969, p.B4. Sewage literally flowed in the streets because health officials allowed developers to violate sewage-disposal regulations. In 1971, the Prince George's County Civic Federation awarded Holmes the Washington Evening Star Trophy for his efforts in exposing such government irregularities (Evening Star, May 7, 1971). 34.6a Walter Taylor, "Rocks Is Convicted Of Bribing Baggett", Evening Star, January 26, 1972. 34.6b County Commissioner Jesse Baggett, Planning Commission Chairman William J. Stevens, Zoning Attorney William Kahler, and developer Ralph Rocks were convicted respectively of bribery, failure to pay taxes, perjury, and bribery as the result of a federal investigation into zoning corruption in Prince George's County. 34.6c Maryland State Roads Commission Chairman (and adviser to United States Vice President Spiro Agnew) Jerome B. Wolff provided evidence to federal prosecutors and avoided prison in the Maryland/White House bribery scandal that resulted in the resignation of Agnew. 34.6d Julian C. Holmes, Letters to Jerome B. Wolff dated September 27 and December 18, 1967. These letters discussed improper government activity under Wolff's jurisdiction. 34.7 Subcommittee on Criminal Laws and Procedures of the Committee on the Judiciary, United States Senate, 95th Congress, Hearing on S.1437 (Reform of the Federal Criminal Laws, p.9179-9183, Testimony by Marian K. Agnew, Julian C. Holmes, and Arlyn E. Unzicker, June 21, 1977. 34.8a Julian C. Holmes, Letter to James Wong and Paul LaRiviere, U.S. Army Corps of Engineers and Federal Highway Administration respectively, February 15, 1996. This letter protested the secrecy with which federal and Maine officials conduct Sears Island business. 34.8b See note 32.15. 34.9 See note 26.2, and note 26.2.1. 34.10 See note 7.7, and note 25.3. 34.11a "Chevron Warns of Possible Vehicle Fires With RFG", Oxy-Fuel News, January 30, 1995, p.3. "The fears stem from deteriorating elastomers in the fuel system...". 34.11b Affidavit, Eric Muchemore, Service Manager, Marc Motors, 465 Main Street, Sanford, Maine 04073; "Re-formulated Fuels Effect on Automobiles"; Hearing before the Maine State Legislature Natural Resources Committee, February 12, 1996. 34.11c "Fuel leaks in older California cars blamed on new gas", Associated Press, Kennebec Journal, September 6, 1996, p.8. 34.11d KGO-TV (ABC), Channel 7 News at Six, San Francisco, September 4, 1996. MTBE roundtable discussing automobile fires allegedly caused by standard nitrile-rubber engine components that deteriorate from contact with the new fuel. 34.11e PAUL A. STRUDWICK, individually and on behalf of all those similarly situated, Plaintiff v. CHEVRON CORP., CHEVRON USA PRODUCTS COMPANY, Does 1- 100, Defendants. Superior Court, State of California, County of San Francisco, Civil No: 980887, Class Action, September 6, 1996. Complaints for:
  1. Product Defect
  2. Failure to Warn
  3. Unfair Business Practices Act
  4. Injunctive Relief
This is a lawsuit claiming that Chevron reformulated gasoline (RFG2): Attorneys for Plaintiff and Class: Kevin J. McInerney, 8175 South Virginia, Suite 850211, Reno NV 89511, 702-849-3811; Lee Poel, Eilleen Lorimore, J. William Dawson, 31 East Julian Street, San Jose, CA 95112, 408-293-2100. 34.11f Bob Brooks, Editor, "Fuel Damage prompts motorcycle recall", WARD'S Engine and Vehicle Technology Update (WEVTU), November 15, 1996, p.2: 34.11g Bob Brooks, Editor, "Fuel injector replacement costly problem", WEVTU, November 15, 1996, p.2. Fuel oxygenated with ethanol can contribute to deterioration of wetted-type fuel injectors. 34.11h Changes in Gasoline III -- The Auto Technician's Gasoline Quality Guide, 1996 Update, Downstream Alternatives Inc. "Mercury Marine has issued bulletins on RFG and oxygenated fuels as follows: "... 1979 and older: Additional inspection of the fuel system is required to detect and correct deterioration of elastomers and plastic parts (such as hoses, seals, and gaskets) caused by the alcohol and acids in the gasolines". 34.11i Research Strategy for Oxygenates in Water, Workshop Review Draft, USEPA, September 5, 1997, p.24. Needed: "More extensive evaluation of oxygenate effects on materials used in tanks and pipelines, especially after aging over a period of years." 34.12 See note 32.15. See also: Chuck Gadzik, Director Maine Forestry Service, Letter to Governor Angus S. King, January 11, 1996. This letter laid out the King Administration's pre-conceived policy to oppose the citizen- initiated Ban Clearcutting referendum, even before the Administration's forest study was done. 35.1 See note 35.8. 35.2 Citizen Action Group, David Mitchell Basker, Attorney; "Special Grand Jury Procedures", Memorandum to the Watergate Grand Jury, June 12, 1975. This memorandum apprised the Jury of its historical, independent authority. Julian Holmes and Arlyn Unzicker presented this memorandum to the Watergate Grand Jury on June 12, 1975. 35.2.1a Mark Thompson, "The Gulf War Poisons Seep Out", Time Magazine, September 30, 1996, p.42. 35.2.1b Ken Silverstein and Alexander Cockburn, "Special Report on the Gulf War Syndrome Cover-Up", CounterPunch, November 15-30, 1996, p.1. 35.2.1c Mark Thompson, "The Silent Treatment -- It may be over, now that the Pentagon says chemicals may have harmed thousands of gulf vets", Time Magazine, December 23, 1996, p.33. 35.3a Julian C. Holmes, "Presentation to Prince George's County Grand Jury", September 15, 1969. 35.3b Douglas Watson, "Prince George's Health Officer Indicted in Septic Tank Probe", Washington Post, October 3, 1969, p.1. 35.3c Douglas Watson, "Jury Report Hits County Officials", Washington Post, October 4, 1969, p.B1. 35.4a Ben A. Franklin, "Expiration Near on Campaign Act -- Citizens' Group Says Some Will Escape Liability", New York Times, March 21, 1975, p.6. 35.4b Laura A. Kiernan and Doug Brown, "Three Challenge Expert's Finding -- Panel Asks Probe of High-Rise Collapse", Washington Post, May 11, 1975. 35.4c Ned Scharff, "Watergate Jury to Hear Skyline Story", Washington Star, May 17, 1975, p.B1. 35.4d David H. Rothman, "Legality Questioned -- Ribicoff Once Part Owner of U.S.-Leased Building", Waterbury American, May 29, 1975, p.1. 35.4e Julian C. Holmes and Arlyn E. Unzicker, "Testimony Before the Watergate Grand Jury", June 12, 1975. 35.4f Ben A. Franklin, "Watergate Grand Jury Is Receiving Requests From Private Citizens for Investigations", New York Times, June 30, 1975, p.21. 35.5 Jay Mathews, "Victim of Skyline Collapse Awarded $500,000 by Jury", Washington Post, January 10, 1975, p.C1. 35.6 See note 16.1. 35.7 See note 31.9. 35.8 See note 5.1, note 32.15, note 5.10b, note 5.10c, and note 5.10d. 35.9 See note 34.7. 36.2 "Pollution Credit Bank Urged", Associated Press, The Kennebec Journal, August 4, 1994, p.11. 36.3a Maine has been warned by the EPA to use VOC-reduction to reduce ozone or be prepared for federal sanctions (See note 28.2). 36.3b On May 11, 1995, U.S. Senator James B. Longley Jr. introduced an unsuccessful bill (1995 - HR1602) calling for a moratorium on the imposition of sanctions on the State of Maine if Maine fails to comply with the provisions of the 1990 Clean Air Act Amendments. 36.3c See note 31.8.4a & b. 36.4 Christopher Flavin and Alan B. Durning, "Energy Efficiency -- Its Importance for Economic Competitiveness and Environmental Protection", Environ. Sci. Technol., Vol. 22.8, 1988, p.872. 36.5 Information Please Almanac, 1990, Boston: Houghton Mifflin Co. 36.6 See note 32.3, p.2. 36.7 Amory B. Lovins and L. Hunter Lovins, "Reinventing The Wheels", The Atlantic Monthly, January 1995, p.75. 36.8 "Toyota Launches Break-Through Hybrid EV", Motor Trend, September 1997, p.36. 37.1 See note 8.4. Fuel C1 (p.16), a non-oxygenated fuel with low vapor pressure and low sulphur. 37.2 See note 23.8. 37.3 Lloyd Weaver (14 Homeplace, Topsham, Maine 04086) has proposed this. 37.4 "Health-threatening Air Pollution", Travelling Smart Handbook, Natural Resources Council of Maine, p.18-19. 37.5 "Following Technology's Lead To Tomorrow's Perfect Truck", G. C. Skipper, OVERDRIVE, January 1994, p.40. (Reports on aerodynamic drag and improved design of truck bodies.) 37.6 Tom Foote, "A Modest Proposal for a Privately-Operated Transportation Network in the State of Maine", February 1995; RR #1, Box 286, Hiram, Maine, 04041. 37.7 Report of The Task Force to Study the Safe Mobility of Maine's Aging Population", December 1994, p.22. 38.1 Federal Register, see note 31.4. 38.2 "Shaw's [supermarket] shelves its Internet service", Associated Press, Kennebec Journal, December 13, 1996, p.18. The Shaw's Internet service for home delivery cost $10.95. 38.3 Steve Cartwright, "Commission Told Health Care `Uncoordinated'", The Kennebec Journal, February 22, 1995, p.1.

-- end --

HTML by Snakeroot DataGraphics
January, 1998