On Friday, July 18, 2014, the Department of Conservation’s Division of Oil, Gas and Geothermal Resources (“DOGGR”) announced that it will review California’s Underground Injection Control (“UIC”) Program to ensure compliance with the requirements of the federal Safe Drinking Water Act (“the Act”).  DOGGR has primary authority under the Act to regulate underground injection wells, granted by the U.S. Environmental Protection Agency (“USEPA”).  DOGGR will conduct the review in conjunction with the USEPA, and expects the review to be completed in 12-18 months.

Originally enacted in 1974 and amended in 1996, the Act aims “to protect public health by regulating the nation’s public drinking water supply.”  (EPA, Safe Drinking Water Act).  The Act is applicable to well stimulation regulations because it has authority over ground water wells, excluding private wells that serve fewer than 25 people.  Protections are designed to prevent oil and gas production wastewater from being injected into drinking water aquifers.Continue Reading DOGGR to Review Well Stimulation Regulations to Ensure Compliance with Safe Drinking Water Act

On Friday, June 20, 2014, Governor Jerry Brown signed a public resources “trailer bill:”  Senate Bill 681 (“SB 681”).  Section 5 of the Bill extends the implementation deadline for the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (“DOGGR”).  The initial implementation date was set at January 1, 2015.  Under the new law

On June 13, 2014, the Department of Conservation (“Department”)  issued a public notice and posted the latest version of the proposed regulations for the use of well stimulation in oil and gas production (“Revised Proposed Regulations”).  These are revisions to the permanent regulations that will go into effect on January 1, 2015.  The Revised Proposed Regulations include the following, significant changes:Continue Reading Department of Conservation Issues Revised, Proposed Well Stimulation Treatment Regulations

At last, the new Supervisor of the California Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) has been announced.  Steven Bohlen, currently Program Director at the Lawrence Livermore National Laboratory, will replace recently-retired former Supervisor Tim Kustic.  Mr. Bohlen’s background spans numerous academic, teaching, and research positions, including stints at Texas

SB 4 did not place a moratorium on the use of hydraulic fracturing or other well stimulation treatments.  SB 4 specifically states that so long as an operator complies with the notification and documentation requirements added to the Public Resources Code, the Division of Oil, Gas & Geothermal Resources (“DOGGR”) shall allow well stimulation activities

In his SB 4 signing message (see September 20, 2013 post), Governor Brown promised certain “clarifying” amendments for SB 4, and his administration has begun the process of seeking those amendments.

Governor Brown’s proposed legislation would amend SB 4 in three major categories:

Permanent Regulations

  • DOGGR’s deadline for draft permanent regulations will be

A new deputy district supervisor for District 4 of the Department of Oil, Gas & Geothermal Resources (“DOGGR”) will take the helm on May 1 of this year. Dan Wermiel – a geologist and  previously DOGGR’s technical program manager – will head the Bakersfield district office in Kern County.

As with all new leadership changes