Fracking Legislation in California

-Information only – please do not reply to this email-

You are receiving this message from the California Department of Conservation because you have asked to be kept informed about the development of regulations for the use of hydraulic fracturing in California for oil and natural gas production. We are no longer accepting comments on the “discussion draft” of regulations that were released last year.

The Department has posted new information about the enactment of Senate Bill 4, addressing well stimulation treatments, including hydraulic fracturing, and the ongoing creation of official draft regulations to implement that legislation at http://www.conservation.ca.gov. As soon the official draft regulations are released, the Department, through this Listserv, will announce a portal for the submission of public comments that will be part of the formal rulemaking process.

I believe the list serve one would sign up for is:

DOGGR_REGULATIONS_INFORMATION@LISTSERVE.STATE.CA.GOV

I am on the list and will post as soon as I am notified of the release of official draft legislation. Comments made on that will go into the official record.

Fracking in California -public comments

I am sorry I can’t get these links up, but one can copy and paste them into one’s browser.

Hydraulic Fracturing Draft Regulations –What Happens Next?

The California Department of Conservation and its Division of Oil, Gas, and Geothermal Resources conducted five workshops in 2013 to hear public comments on the “discussion draft” of hydraulic fracturing regulations prior to the start of the formal rulemaking process. During 2012, seven workshops were held to gain public input on hydraulic fracturing. So, what happens next? All comments – including those given orally or in writing at the workshops, and electronically through the online comment links located on the Department’s and Division’s Web sites – will be taken into consideration as the process of developing the next draft of the regulations moves forward. Once the next draft and the required supporting documents are complete, the Department will begin the formal rulemaking process. These next steps in the rulemaking process are expected to take several months, and the public can continue to submit comments during this time via the Department and Division online links. There will also be an opportunity for public input during the formal rulemaking process.

Additional details on many of the important requirements involved in the process can be found on the Department’s and Division’s home pages:
http://www.conservation.ca.gov/Index/Pages/Index.aspx
http://www.conservation.ca.gov/dog/Pages/index.aspx

Also:

-A version of the Discussion Draft Hydraulic Fracturing Regulations document is now available with hyperlinks. The hyperlinks provide additional information regarding the content contained in the draft regulations. Links to both the original and hyperlink versions of the Discussion Draft Hydraulic Fracturing Regulations can be found on the Department’s and Division’s home pages:
http://www.conservation.ca.gov/Index/Pages/Index.aspx
http://www.conservation.ca.gov/dog/Pages/index.aspx

-A link to videos of the five 2013 Discussion Draft Hydraulic Fracturing Regulations workshops can be found on the Department’s and Division’s home pages:
http://www.conservation.ca.gov/Index/Pages/Index.aspx
http://www.conservation.ca.gov/dog/Pages/index.aspx

BLM oil Leases postponed

From the Associated Press via KSBY:

SAN FRANCISCO (AP) – Federal land managers are postponing all oil and gas lease auctions in California until October, citing budget problems and low staffing, and the toll of environmental litigation.

The U.S. Bureau of Land Management announced Tuesday it would put off an auction planned for later this month to sell leases to drill almost 1,300 acres of prime public lands near the Monterey Shale, home to one of the largest deposits of shale oil in the nation.

A federal judge ruled last month that BLM had violated a key environmental law when the agency auctioned the drilling rights for other parcels near the Salinas River Valley before performing a sweeping review of the impacts on water, wildlife and air quality.

BLM spokesman David Christy says the agency is concentrating its resources on enforcement on existing leases.
******************************

Also, sent to me by my step-dad and reader of my blog:

A report issued by National Parks with five studies about hydronic fracking in or near National Parks and the impact on wildlife and the environment. This report can be found here

It has been submitted by the National Parks Conservation Association regarding potential impacts in parks in Tennessee and Kentucky; New York, New Jersey, and Pennsylvania; Wyoming; Montana; and North Dakota.

Bill Nye also informed me recently that we should begin the discussion on whether or not fracking in the Salinas Valley will have any impact on the Aquifer that supplies Big Sur with her water and suggests it be added to the BSMAAC agenda as a prelude to such a discussion. If not the May meeting, then perhaps the next one.

Fracking Workshop

Fracking workshop set for Tuesday

A workshop on the oil and natural gas production method of hydraulic fracturing, or fracking, will be held noon to 8 p.m. Tuesday at the Hilton Garden Inn, 1000 Aguajito Road.

The workshop is open to the public and is being held by the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources.

The purpose of the workshop is to get input on a “discussion draft” of state regulations that the agency hopes to have in place within about 18 months. The draft is available at CA fracking documentshttp://www.conservation.ca.gov.

The group Progressive Democrats of America will hold a protest outside the Hilton from 4 to 6 p.m.

I am planning to attend at least part of this meeting tomorrow, and busy educating myself before hand. I have read the proposed regs, the background info, the FAQs sheet, and the general information post. The first three are in PDF, so they can be downloaded and saved in iBooks for marking and highlighting. I would suggest that anyone interested in the potential impact, if any, of HF in the Salinas Valley, near Jolon, on the water we drink here in Big Sur, get as familiar as possible. I am finding high school chemistry, only a vague self-education on geology, little hydrology other than to know how it affects the highway and how much my spring produces, to be wholly inadequate to understand this issue. But I am trying.

Judge holds BLM violated law in fracking leases in Monterey

From today’s Herald:

Judge: U.S. violated law in Monterey County oil leases

Environmental standards broken in leases
By VIRGINIA HENNESSEY
Herald Staff Writer
Posted: 04/08/2013 03:12:03 PM PDT
Updated: 04/09/2013 09:21:44 AM PDT

Question of the Day
Is fracking worth the environmental risk?
Yes
No

Nearly 20,000 acres of prime Central Coast farm and ranch land may be protected at least temporarily from oil and gas “fracking” due to a federal judge’s “watershed” ruling.

Environmentalists and local representatives cheered the decision by U.S. Magistrate Judge Paul Grewal, who said federal land managers violated a key environmental law when they auctioned off the rights to drill for oil and gas on public lands in Monterey County, home to one of the largest deposits of shale oil in the nation.

Grewal faulted the Bureau of Land Management for not reviewing the potential impacts caused by fracking before accepting bids for the drilling rights, in accordance with the National Environmental Policy Act.

The judge did not say whether the leases themselves would be invalidated, but said he would decide their fate after the parties meet and send him a proposal next week.

“This important decision recognizes that fracking poses new, unique risks to California’s air, water, and wildlife that government agencies can’t ignore,” said Brendan Cummings, senior counsel at the Center for Biological Diversity, who argued the case for the plaintiffs. “This is a watershed moment — the first court opinion to find a federal lease sale invalid for failing to address the monumental dangers of fracking.”

County officials and environmental groups expressed concerns two years ago about BLM’s plans to auction off the drilling rights for parcels near the lush Salinas River

Advertisement

Valley before doing a sweeping review of the impacts on water, wildlife and air quality.
While the ruling directly affects lease sales on only about 2,500 acres in south Monterey County, the lawsuit’s co-plaintiffs, the Sierra Club and the Center for Biological Diversity, are poised to sue over 17,000 acres that BLM subsequently auctioned off in December 2012 while Grewal’s ruling was pending. The latter sale involved land in Monterey, San Benito and Fresno counties.

“We’re very excited. We’re thrilled,” Rita Dalessio, conservation chairwoman of the Ventana Chapter of the Sierra Club, said of Sunday’s ruling. “I’m sure the champagne is flowing in (Sierra Club offices in) San Francisco.”

Fracking, or hydraulic fracturing, employs huge volumes of water mixed with sand and chemicals to blast open rock formations and extract oil and gas. The oil industry maintains the practice has been safely used for decades. It has resisted identifying what chemicals are used, however. Environmentalists worry the technique can contaminate groundwater and pollute the air, as well as trigger seismic activity in the state’s most earthquake-prone area.

The affected leases sold in September 2011 include scenic stretches of southern Monterey County, where cattle ranchers and wine grape growers rely on tight water supplies to irrigate their pasture lands and vineyards. The area is also part of the historic range of the endangered California condor, whose global population was recently estimated at less than 400 birds.

The lawsuit alleged the bureau relied on inadequate 2006 studies to assess the environmental risks associated with increased oil and gas development. BLM maintained the leases would not necessarily involve fracking and new reviews were not necessary until requests were filed to drill on the leased property.

BLM spokesman David Christy said Monday afternoon he could not immediately comment on the decision as the agency had not had time to review it, but said officials planned to meet with the other parties according to the judge’s direction.

Monterey County Supervisors Dave Potter and Simon Salinas were two of the local representatives who sought the delay of the 2012 lease sales that relied on the same 2006 studies. Given the challenging water issues in the Salinas Valley, and the potential for earthquake damage to the area’s dams, both said Sunday’s ruling was a victory.

“This puts the brakes on and forces everyone to do more environmental review,” said Salinas, adding that it may provide time for passage of state legislation to ensure safety.

While he hears a lot about the number of jobs that could come, Potter said, he’d like to see environmental impact be more of a priority than “making money for oil companies.”

“It’s a bit like the way FEMA approaches disaster,” he said. “They just wait until after the disaster and then say, ‘Here’s how we’re going to repair it.’ I’d rather know on the front end.”

The Associated Press contributed to this story.

Virginia Hennessey can be reached at 753-6751 or vhennessey@montereyherald.com.

Frac’ing in Monterey County

I have posted about this issue before, and if you haven’t seen Gasland, go to this link to review the issues from one perspective Gasland the Movie. I have seen the movie, and it is an eye opener.

Just a few days ago, the Monterey Herald ran this article:

Feds auction prime Monterey County land for oil development

Impact on environment in question
By GARANCE BURKE
Associated Press
Posted: 12/12/2012 04:38:55 PM PST
Updated: 12/13/2012 08:31:46 AM PST

SAN FRANCISCO — The federal government auctioned off nearly 18,000 acres of oil leases on prime public lands on Wednesday in Central California, home to prized vineyards, endangered species and one of the largest deposits of shale oil in the country.

The full article can be found here:
Feds auction prime MoCo land for oil development

I discussed this in January 2011 in a post that provides many links to information about fracking, the BLM, oil development, and the Salinas Valley Aquifer. You can find this post here:
Frac’ing in Monterey County

Radio KAZU reported this, a few days ago:

At his office in Monterey, County Supervisor Dave Potter isn’t looking for compromise. He’s concerned that in this agricultural rich county fracking could contaminate the water supply or do other harm. He wants state regulators to act now. “Quite frankly I’d hope they’d put a ban on it, right now. I suspect when they do look into this, they’re going to find that fracking is having a serious impact on Mother Nature,” said Potter. Potter and fellow supervisor Simon Salinas recently wrote to the federal Bureau of Land Management. The asked the BLM to postpone Wednesday’s auction of oil and gas exploration rights for nearly 18,000 acres of public land in Monterey, San Benito and Fresno counties. By law, the BLM must periodically auction off these mineral rights. So despite this opposition, and a protest outside the auction in Sacramento, the sale went ahead, and all the parcels sold. Supervisor Potter says his constituents are worried. “A lot of concern, a lot of fear of the unknown. And the water supply we have in some areas are very marginal to begin with. They’re concerned they’ll be without potable water,” said Potter.

Here is a fracking map and link a reader sent me: Fracking Map

20121223-110235.jpg