On February 12, 2018, the California Department of Conservation (“DOC”) issued a public notice announcing revisions to the text of the proposed regulations in the rulemaking for California Underground Gas Storage Projects.  This rulemaking follows a saga of rulemakings for underground gas storage projects in the state – both emergency and general rulemakings – which all began in early 2016.  The rulemakings were spurred by the underground gas storage leak at the Aliso Canyon facility in southern California, which was discovered on October 23, 2015 and continued leaking until February 2016.
Continue Reading California Issues Revised Proposed Underground Gas Storage Regulations

On September 14, 2017, Senate Bill 774 (“SB 774”) was ordered inactive on request of Assembly Member Calderon.  The bill, which proposed creation of the new California Toxic Substances Board (“CTS Board”), will not become law this session, and we will continue to monitor this legislation if it becomes active again during the next legislative session.

Previously the bill was amended in July 2017 to delete a section of the bill that would have allowed the new CTS Board to adopt or amend relevant regulations.  Under the revised version of SB 774, the CTS Board is not permitted to adopt regulations and is no longer authorized to draft, review, or update hazardous waste management plans.  Gov. Code § 24179 (proposed).  These amendments to the bill are seen as a weakening of the measure because they narrow the proposed CTS Board’s jurisdiction and authority.  Industry groups continue to oppose the bill, though, stating that the CTS Board will continue to have too much authority, even with the new amendments.  We will continue to monitor this legislation as it makes its way through the Legislature.  Here’s our original post:Continue Reading Update on a Prior Post: SB 774 is Tabled for the Legislative Session; No Toxic Substances Board

On September 22, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Proposed Rulemaking for its Pipeline Testing Regulations.  The Notice announces that DOGGR proposes to adopt regulations for pipeline testing and safety, as required under Assembly Bill 1420.

Assembly Bill 1420 (“AB 1420”) went into effect on January 1, 2016, and requires DOGGR to review, evaluate, and update, where appropriate, its existing regulations regarding all active gas pipelines that are 4 inches or less in diameter, are located in sensitive areas, and are 10 years or older.  As a result of AB 1420, DOGGR conducted intensive review of the existing pipeline regulations and studied the economic impact and the impact on small businesses, among other potential effects of the proposed regulations.  As part of these studies, DOGGR “made an initial determination that the adoption of these regulations may have a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.”  Pipeline Testing Regulations: Notice of Proposed Rulemaking Action, at 7.Continue Reading DOGGR Releases Proposed Pipeline Testing Regulations

On March 23, 2017, the California Air Resources Board (“ARB”) adopted regulations for Greenhouse Gas Emission Standards for Crude Oil and Natural Gas Facilities (“Methane Regulations”).  The Methane Regulations impose emission controls on offshore and onshore oil production and processing facilities and at natural gas compressor stations, underground storage facilities, and gathering and boosting stations.
Continue Reading ARB Adopts GHG Emission Standards for Oil and Gas Facilities; Operators Wary of Costs