Environment Texas Blog

Dear Representative,

I am writing to ask you to vote against HB 1927, which would create a liability waiver for MTBE.

Shielding oil and chemical companies from full accountability for the damages caused by MTBE around the country, including liability for contaminated drinking water, personal injuries, property damage, and any other harm, puts the health of our families and communities at risk. The Legislature should not shift the multi-billion dollar clean up and public health costs of MTBE pollution to communities and individuals who were, and are, innocent of blame. 

MTBE is a toxic and highly persistent chemical that has been used as a gasoline additive since the late 1970s.  Contamination from MTBE poses a serious threat to the underground aquifers that supply half of the nation’s drinking water.  MTBE is a likely human carcinogen according to EPA’s recent draft risk assessment, which links the chemical to kidney and lymph node tumors.  Even very low levels of the chemical render water undrinkable. 

MTBE producers and refiners had extensive knowledge of the toxicity and mobility of MTBE in groundwater for decades – yet they voluntarily used it as an additive in conventional and reformulated gasoline without alerting their customers, the public, or the Legislature of the potential hazards.  Granting oil and chemical companies protection from product liability claims would eliminate a fundamental tool available under our state’s justice system to communities and individuals facing groundwater contamination.  

Limiting the liability of MTBE manufacturers would severely limit the ability of people whose health has been harmed or whose property has been damaged by MTBE contamination to seek just compensation for their injuries – as these kinds of product-liability damage claims would be completely barred if MTBE manufacturers are immunized from defective product claims. 

The cost of cleaning up contaminated groundwater and drinking water supplies is estimated to be tens-of-billions of dollars.  Recently, public water utility associations estimated that cleaning up MTBE from public drinking water supplies will likely cost $25 to $85 billion.  These costs do not include the additional billions of dollars needed to clean up private drinking water wells or the sites of leaking underground storage tanks.

Taxpayers, drinking water ratepayers and individuals should not have to be financially responsible for cleaning up MTBE problems they did not cause.  Polluters-- not taxpayers or the victims of pollution-- should pay for the damages caused by their products. 

We strongly urge you to vote against HB 1927 and ensure that the oil and chemical industries remain fully liable for contaminating the state’s water supply with MTBE.