Insight and Information for the Environmental & Natural Resource Industry
Consider these three statements: I experience odor or discoloration in my tap water, English is not the primary language spoken in my home, and I live near industrial activity.
Now, consider these statements: The organization that I work for can access environmental subject matter experts, the organization that I work for has influence in the…
Last month, the California Regional Water Quality Control Board, Central Valley Region (“Central Valley Water Board”) published a Food Safety Project White Paper (“White Paper”) on the use of oil field produced water for food crop irrigation. The White Paper did not find any evidence that using produced water for irrigation creates an elevated threat to human or crop safety.
Continue Reading White Paper Finds No Evidence of Elevated Threat to Human or Crop Safety from Use of Oil Field Produced Water to Irrigate Crops
This is a continuing series of posts on the latest environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the southern San Joaquin Valley. In this post, we provide an update on regulatory developments at the California Air Resources Board, the California Geologic Energy Management Division, the U.S. Environmental Protection Agency and the South Coast Air Quality Management District.
California Air Resources Board (CARB)
CARB’s ongoing regulatory actions affect industry generally and are focused more heavily on the oil and gas industry. Actions potentially affecting all industries include the AB 617 program, termed by CARB as the Community Air Protection Program, CRT, an evolving regulation requiring substantially increased reporting of both criteria and toxic air emissions and the Low Carbon Fuel Standard, calculating carbon intensity based on Stanford’s OPGEE model.
AB 617, CARB’s Community Air Protection Program (CAPP): CARB’s CAPP action under AB 617, implements Assembly Member Cristina Garcia’s 2017 bill, requiring CARB to identify annually communities that they find impacted by disproportionate air emissions. These communities then assemble Community Steering Committees, and the local air districts must work with these Committees to develop Community Emission Reduction Plans (CERPs). For more background on AB 617 implementation by CARB and the local air district, see Stoel’s California Environmental blogs for October 4, 2019 and May 11, 2018.
Continue Reading SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE – NEW AIR QUALITY AND OIL & GAS REGULATORY DEVELOPMENTS
Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2019-2020 Legislative Session. Below is the latest update on a list of bills, summarized pursuant to the Legislative Counsel’s Digest, that our team has been following and will continue to monitor as the 2019-2020 Legislative Session proceeds.
Please also see our Renewable + Law post summarizing bills related to other energy topics here.
AB 345 (Muratsuchi, D): Natural Resources: Oil and Gas: Regulation of Operations.
STATUS: Last amended March 18, 2019; currently in Senate Appropriations suspense file.
Would require the Secretary of the Natural Resources Agency to create an environmental justice program within the agency to identify and address any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice. The bill, contingent upon funding for this purpose, would require the secretary to establish a grant-based reimbursement program to enable environmental justice and community groups to meaningfully participate in rulemaking and other regulatory processes at departments and entities within the agency.Continue Reading Oil & Gas Related Bills Update for the 2019-2020 Legislative Session
INTRODUCTION
California apartment and other residential rental property landlords and their agents (e.g., property managers) with more than 10 employees need to comply with the State’s Safe Drinking Water and Toxic Enforcement Act (“Prop 65”).
Today, many landlords comply with Prop 65 by posting signs in building common areas that meet specific size,…
Senate Bill 774 (“SB 774”) proposes to eliminate the Department of Toxic Substances Control (“DTSC”) and form a five-member board, the California Toxic Substances Board (“CTS Board”). On June 1, the Senate approved the bill, and it is now awaiting is first policy committee hearing in the Assembly. According to the bill’s text, “This bill would create in the California Environmental Protection Agency the California Toxic Substances Board, which would succeed to and be vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of the department and the Director of Toxic Substances Control.”
Continue Reading Bill Proposes an Appointed Board to Fix the Department of Toxics Substances Control; Will It Just Make Matters Worse?
California’s cap-and-trade program withstood a battle in court, and now the Legislature is proposing changes to the controversial program. Senator Bob Wieckowski (Democrat – District 10), Chair of the Environmental Quality Committee, has authored Senate Bill 775 (“SB 775”) which would extend the cap-and-trade program to 2030 with modifications. The existing cap-and-trade program, established under Assembly Bill 32 (2006) or the California Global Warming Solutions Act (“Act”), expires in 2020. The Act requires the State Air Resources Board (“ARB”) to approve a statewide greenhouse gas emissions limit equivalent to 1990 greenhouse gas emissions level to be achieved by 2020, and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030, as outlined in Senate Bill 32 (2016).
Continue Reading Senate Bill Proposes Major Market-Based Remodel of Cap-and-Trade Program
The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions.
According to Senator Pavley, the author of SB 1425, “While some of the water-energy related climate pollution is already covered in the state’s cap-and-trade program (via the electricity generation sector), the state does not currently have a clear accounting of the total greenhouse gas emissions associated with the water system.”
SB 1425 requires CalEPA to oversee the development of a registry for GHG emissions that result from the “water-energy nexus” using the best-available data. Participation in the registry is voluntary and open to water agencies, large water consumers, businesses and others conducting business in the state. SB 1425 provides that entities participating in the registry may qualify for GHG emission reduction incentives.
Continue Reading New Law Takes Aim at GHG Associated with California’s Water Sector
This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback.
South Coast Air Quality Management District:
*Continued Report on New Management: Wayne Nastri, once an SCAQMD Governing Board Member, former USEPA Region IX Regional Administrator and recently an environmental consultant, was appointed acting Executive Director (ED) for the AQMD earlier this year. Some describe him as “a breath of fresh air at the District.” The Governing Board is conducting a nationwide search for a permanent ED, yet has extended Mr. Nastri’s initial 6-month term until February 2017. Mr. Nastri has made a number of staffing changes: Jill Whynot was promoted to Chief Operating Officer, working out of the Executive Office (# 2 position); Laki Tisopulos replaced Mohsen Nazemi as Deputy Executive Officer (DEO) for Engineering and Compliance; Susan Nakamura replaced Jill Whynot as acting assistant DEO for Planning and Rules.
Continue Reading SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE #2
On July 14, 2016, the California Environmental Protection Agency (“EPA”) announced a “landmark set of regulations to strengthen workplace and environmental safety at oil refineries across the state.” The refinery safety rules consist of two sets of regulations: one amending the California Occupational Safety & Health (“OSHA”) worker safety regulations as they apply to refineries, and the other revising the California Accidental Release Prevention program (“CalARP”) regulations. The regulations implement recommendations from Governor Jerry Brown’s Interagency Working Group on Refinery Safety, which was convened following a chemical release and fire at a refinery in August 2012.
Continue Reading Proposed Oil Refinery Regulations Tackle Safety Concerns
