California banning new oil and gas wells within 3,200 ft (975 m) of homes, schools, healthcare facilities, and requiring emissions monitoring of existing wells within those buffer zones. Will industry lobby groups sue? Will captured courts kill the community/public health protections?

In 100% industry-funded AER’s Alberta, wells, including those frac’d with toxic chemicals, are allowed 100m within homes, schools, playgrounds, senior care and hospitals, community centres, etc.

Public Health Rulemaking by California Dept Conservation

​Update (October 21, 2021)​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Draft Regulations for Public Comment

On October 21, 2021, the California Department of Conservation’s Geologic Energy Management Division (CalGEM) released for public comment a set of science-based health and safety draft regulations to protect communities and workers from the impacts of nearby oil and gas production operations.

​Read the Governor’s Office announcement here.

Public comments on these draft regulations can be submitted through December 21, 2021 to:  email hidden; JavaScript is required.

In addition, a public workshop will be held on December 1, 2021, at 5 p.m. to receive public comment.  Registration details will be forthcoming.

Actualización (21 de octubre de 2021)​

​Proyecto de reglamento para comentario público

El 21 de octubre de 2021, la División de Administración de la Energía Geológica del Departamento de Conservación de California (CalGEM) publicó, para su comentario público, un conjunto de borradores de normas de salud y seguridad con base científica para proteger a las comunidades y a los trabajadores de los impactos de las operaciones de producción de petróleo y gas cercanas. 

Lea el anuncio de la Oficina del Gobernador aquí​.

Los comentarios públicos sobre este proyecto de reglamento pueden presentarse hasta el 21 de diciembre de 2021 a:   email hidden; JavaScript is required.​

Además, se llevará a cabo un taller público el 1 de diciembre de 2021, a las 5 pm, para recibir comentarios públicos.  Los detalles de la inscripción se darán a conocer próximamente.

Background

T​​​o fulfill its recently strengthened mission to protect public health, safety, and the environment, the California Geologic Energy Mana​​​​​​​gement Division (CalGEM) is undertaking a process to update public health and safety protections for communities near oil and gas production operations. This process began in response to a No​​​​vember 2019 directive by Governor Gavin Newsom.

Para cumplir su misión recientemente fortalecida de proteger la salud pública, la seguridad y el medio ambiente, la División de Administración de Energía Geológica (CalGEM, por sus siglas en ingles) del Departamento de Conservación está llevando a cabo un proceso para actualizar las protecciones de salud pública y seguridad para las comunidades cercanas a las operaciones de producción de petróleo y gas. Este proceso comenzó en respuesta a una directiva de noviembre de 2019 del gobernador Gavin Newsom. 

In collaboration with stakeholder leaders, CalGEM desi​gned an early input community engagement process comprised of several public meetings beginning February 2020. After the COVID-19 stay at home order disrupted the series, CalGEM pivoted to engage digitally.

En colaboración con los líderes de las partes interesadas, CalGEM diseñó un proceso de aporte temprano para la participación comunitaria que constó de varias​ reuniones públicas a partir de febrero de 2020. Cuando la orden de quedarse en casa por el COVID-19 interrumpió la serie de reuniones, CalGEM decidió que la participación pasara a ser digital.

The early input outreach period ran from February 5 to June 10. More than 40,000 comments were received. All inputs were reviewed and analyzed in anticipation of and to inform the draft rule.

El período de extensión de aporte temprano comenzó el 5 de febrero y terminó el 10 de junio. Se recib​ieron más de 40,000 comentarios. Todos los aportes se revisaron y analizaron en previsión del proyecto de norma y para fundamentarlo.

Thanks to all who provided feedback on CalGEM’s ​“early input” public health rulemaking efforts from February to June 2020​ (PDF).Your feedback helps us improve future public engagement efforts. 

There are many comp​onents to accomplishing this effort. Explore more about this process below.​ 
Hay muchos componentes para alcanzar este esfuerzo. Explore más acerca de este proceso a continuación.
Public Health Expert Consultation/Consultas con Expertos en Salud Pública

In collaboration with CalGEM, fifteen diverse and qualified public health experts have been selected by University of California, Berkeley and Physicians, Scientists, and Engineers (PSE) for Healthy Energy co-principal investigators to participate in the CalGEM public health oil and gas rulemaking. The panel consists of leads (PSE and UC Berkeley) that will coordinate experts’ affairs and serve as a primary point of contact.

​ En colaboración con CalGEM, los investigadores principales de la Universidad de Berkeley en California y Physicians, Scientists, and Engineers (PSE) for Healthy Energy han seleccionado quince expertos en salud pública cualificados para participar en el proceso de reglamentación en el sector del petróleo y el gas de CalGEM. El panel está formado por líderes (de PSE Healthy Energy y de la Universidad de Berkeley en California) que coordinarán los asuntos de los expertos y servirán como punto principal de contacto.
Public Health Science Advisory Panel Members:

  • Joan A. Casey, PhD
  • Nicole Deziel, PhD and MHS
  • Dominic DiGiulio, PhD
  • Stephen Foster, PhD
  • Robert Harrison, MD and MPH
  • Jill Johnson, PhD and MPH
  • Kenneth Kloc, PhD and MPH
  • Lisa McKenzie, PhD and MPH
  • Thomas McKone, PhD
  • Mark Miller, MD and MPH
  • Rachel Morello-Frosch, PhD and MPH 
  • Andrea Polidori, PhD
  • Seth B.C. Shonkoff, PhD and MPH

Former Panel Members:​

  • Jo Kay Ghosh, PhD and MPH (transitioned to new professional role​)
  • Gretchen Goldman, PhD and MS (transitioned to new professional role)

Dr. Morello-Frosch and Dr. Shonkoff are the panel’s co-principal investigators. Read more here (PDF) about the panel members’ background and expertise​​​. 
Miembros del Panel Consultivo de Ciencia en Salud Pública:

  • Joan A. Casey, PhD
  • Nicole Deziel, PhD and MHS
  • Dominic DiGiulio, PhD
  • Steph​en Foster, PhD
  • Robert Harrison, MD and MPH
  • Jill Johnson, PhD and MPH
  • Kenneth Kloc, PhD and MPH
  • Lisa McKenzie, PhD and MPH
  • Thomas McKone, PhD
  • Mark Miller, MD and MPH
  • Rachel Morello-Frosch, PhD and MPH
  • Andrea Polidori, PhD
  • Seth B.C.​ Shonkoff, PhD and MPH

Ex Miembros del Panel:

  • Jo Kay Ghosh, PhD and MPH (transición a una nueva función profesional)​
  • Gretchen Goldman, PhD and MS (transición a una nueva función profesional​)

Dr. Morello-Frosch y Dr. Shonkoff son los investigadores co-principales del panel. Haz clic aquí (PDF) para aprender más sobre los antecedentes profesionales y experiencia del panel. 
The set of experts will provide CalGEM with professional quality opinions, recommendations, and data supported by citations to relevant public health studies, expert advice, public health policy considerations, energy policy recommendations, and/or literature and suggested public health topics related to oil and gas production in California that is within CalGEM’s regulatory authority and the regulatory authority of other relevant agencies as appropriate.
El grupo de expertos proporcionará a CalGEM opiniones, recomendaciones y datos profesionales y de calidad respaldados por citas a estudios de salud pública relevantes, asesoramiento especializado, consideraciones de políticas de salud pública, recomendaciones de políticas de energía, y/o bibliografía y temas de salud pública sugeridos en relación con la producción de petróleo y gas en California que está dentro de la autoridad regulatoria de CalGEM y la autoridad regulatoria de otras agencias relevantes, según sea el caso.
The panel is also expected to provide input and recommendations to CalGEM on the pre-rule​making discussion draft and formal rulemaking processes for proposed rules to effectively mitigate public health hazards, risks, and impacts from oil and gas production. During the formal rulemaking process, experts will provide additional advice and recommendations after other state agencies have analyzed the draft rule.​

El panel también brindará aportes y recomendaciones para CalGEM en relación con su propuesta de discusión previa a la reglamentación y sus procesos formales de reglamentación para que las normas propuestas mitiguen eficazmente los peligros, riesgos e impactos de salud pública en la producción de petróleo y gas. Durante el proceso formal de reglamentación, los expertos brindarán asesoramiento y recomendaciones una vez que otras agencias estatales hayan analizado el proyecto de norma.​ ​ Regulators Meeting/Reunión de Reguladores

Early Public Input Engagement/Participación por medio de Aporte Público Temprano​

Community Meeting Details, Recordings, and More

How We Ensured Access and Inclusivity/¿Cómo Garantizamos el Acceso y la Inclusividad?​​

Redesigning Engagement Due to the Pandemic​​/Rediseño de la participación debido a la pandemia

What’s Next/¿Qué viene ahora?​DOC and CalGEM continue to work towards developing science-based health and safety regulations to protect communities and workers from the impacts of oil extraction activities.

El DOC y CalGEM continúan trabajando para desarrollar regulaciones de salud y seguridad basadas en la ciencia para proteger a las comunidades y a los trabajadores de los impactos de las actividades de extracción de petróleo.

​​​​​​L​ist Ser​v 

​​​​​​​​Mailing List​​Subscribe 
​CalGEM ​Regulations​​​​Subscribe

New California oil drilling must be set back from homes and schools, Newsom says by Phil Willon, Oct. 21, 2021, LA Times

The Newsom administration on Thursday took the first step toward banning new oil and gas wells within 3,200 feet of homes, schools and healthcare facilities, and requiring emissions monitoring of existing wells within those buffer zones, a move urged by environmental and public health advocates who say the toxins, odors and hazards from oil fields disproportionately affect Latino and Black communities.

The proposed state regulation is expected to affect more than 2 million residents who live within health and safety zones, as well as thousands of existing wells in the urban oil fields of Los Angeles County and in Kern County, the heart of California oil country.

Still, the new restrictions would probably not go into effect until 2023 because of the state’s arduous process of crafting new regulations, and portions could be changed along the way. The proposal is expected to face an aggressive challenge from California’s billion-dollar oil industry.

Gov. Gavin Newsom said the driving force behind the regulation is the public health risk linked to oil and gas production, with studies showing increased risks for cancer and adverse health effects for pregnant women and newborn babies, along with incidence of asthma and other ailments.

This is about public health, public safety, clean air, clean water,” Newsom said at a press conference at the Wilmington Boys & Girls Club, which neighbors one of many oil wells in Southern California. “This is about our kids and our grandkids and our future. A greener, cleaner, brighter, more resilient future is in our grasp.”

A panel of 15 health and science experts reviewed setback regulations in other states as well as studies on the health hazards oil and gas well pose to people living or working nearby and determined that a 3,200-foot buffer zone — equal to roughly one kilometer or just over half a mile — was needed since “studies consistently demonstrate evidence of harm at distances less than 1 km.”

“Extracting oil is a dirty business and it’s had a real impact on Californians,” said Jared Blumenfeld, secretary of the California Environmental Protection Agency. “If any of us had to live next to a pump jack or oil facility, we’d be worried every day about our family’s health.”

Blumenfeld said the overriding focus of the proposed regulation is to protect “the most vulnerable among us,” because people who live near oil and gas wells hew toward the lower end of the economic spectrum. Lauren Sanchez, the governor’s senior advisor on climate issues, said the new regulation “was really about righting the wrongs of the legacy of oil and gas drilling predominantly in communities of color, but essentially wherever they pleased — next to day cares, next to hospitals.”

Unlike Texas, Colorado and Pennsylvania, California has never enacted setbacks from oil and gas wells despite being among the most progressive states in the nation on environmental protection and combating climate change. Proposals to mandate the buffer zones failed to pass in the California Legislature in 2020 and again this year, a testament to political influence wielded by the petroleum industry and trade unions.

The proposal comes as yet another blow to an industry facing intense public scrutiny for a massive oil spill off Huntington Beach this month and the lingering effects of the 2015 Aliso Canyon natural gas leak that forced thousands of families to evacuate in the northwest San Fernando Valley.

During his first year in office, Newsom ordered the state Department of Conservation’s Geologic Energy Management Division (CalGEM) to study the possible adoption of buffer zones around oil wells. The agency crafted the regulations after holding public hearings around the state. If adopted by the agency, California’s 3,200-foot buffer zone would be the largest in any state.

The proposal was initially set to be released to the public at the end of 2020 before it was postponed until spring. No explanation was provided for the delayed timing of the announcement made Thursday.

The new restrictions would continue the state’s slow-moving divorce from a once giant oil and gas industry that has seen a steady drop in production over the last quarter-century in California.

In April, Newsom took action to ban new permits for hydraulic fracturing starting in 2024, halting the controversial oil extraction method that’s been targeted by environmental activists for years. The ban is mostly symbolic, however, because fracking accounts for just 2% of oil production in the state, according to the Department of Conservation.

The governor also called on the California Air Resources Board to determine how to end all oil extraction in the state by 2045. The governor’s office said that plan would dovetail with California’s effort to achieve economy-wide carbon neutrality by 2045, including Newsom’s call to ban the sale of new gas-powered vehicles in the state by 2035.

“We don’t see oil in our future,” Newsom said Thursday.

In September, the Los Angeles County Board of Supervisors unanimously voted to ban new oil wells and evaluate the status of existing ones. Existing oil wells cannot legally be shut down until owners recoup the costs of drilling, a cost the county also is reviewing.

The oil wells in Los Angeles County — both on- and offshore — produced 11.7 million barrels of oil in 2019, making L.A. the second-largest oil-producing county in the state. Kern County produced more than 110 million barrels, according to CalGEM, which regulates the oil and gas industry.

A study by researchers at UC Berkeley and published by the National Institutes of Health found that living near oil and gas wells caused significant adverse health effects to pregnant women and newborn babies. A 2014 report by the Natural Resources Defense Council determined that more than 5.4 million Californians lived within one mile of at least one oil or gas well.

Since taking office, Newsom has faced pressure from influential environmental groups to ban new oil and gas drilling, and completely phase out fossil fuel extraction in the state. But the Democratic governor has taken a more measured approach, taking into consideration the effects on oil workers along with California cities and counties that are economically dependent on the petroleum industry.

“We have to commit to the hard work of taking care of those who are taking care of their families [and] working hard on these fossil fuel sites,” Newsom said Thursday. “We have to give them a pathway to a cleaner, greener, cheaper, more reliable future.”

Wade Crowfoot, secretary of the California Natural Resources Agency, said the state cannot heed the calls of environmental justice advocates to shut down or phase out oil and gas wells within the buffer zones if operators received a legal permit from the state, due to their property and mineral rights.

Crowfoot said, however, that the proposed regulation requires oil and gas companies to monitor and prevent emissions and other threats from all active wells within the 3,200-foot buffer zones. Under the proposal, all wells would be required to have safety systems to detect emissions and leaks, as well as capture any vapors. Groundwater monitoring around the site also would be required. “I’m confident in saying this is the strongest set of engineering controls and protective mitigation measures anywhere in the country, if not the world,” Crowfoot said. “We do anticipate that some producers will choose to safely and permanently seal their well and stop producing as a result of this cost.”

Newsom said that nearly 30% of the oil operations in California would be affected by the proposed regulation.

The state, which has championed and pioneered progressive environmental policies to slash carbon emissions, is also home to a billion-dollar oil industry that helps power its economy and has significant political sway in Sacramento. Despite declines in production, California remains the seventh-largest crude oil producing state in the nation, according to the U.S. Energy Information Administration.

Oil industry representatives for years have argued against setbacks, saying doing so would eliminate thousands of well-paying jobs and devastate communities that rely heavily economically on the petroleum industry.Industry reps everywhere whine the same way, with the same lies. They have also maintained that because demand for gasoline, diesel and jet fuel will not cease overnight, oil would have to be imported from countries that don’t have the strict environmental and worker safety protections that exist in California.

Catherine Reheis-Boyd, president and chief executive of the Western States Petroleum Assn., said the oil and gas industry does not oppose setbacks that are based on “science, data and rigorous health assessments” and accused the Newsom administration of failing to meet that standard.

“The proposed rule’s true setbacks will be imposed upon California’s families, workers and businesses that need affordable, reliable energy every day,” she said in a statement. “This was not a scientific process, as facts do not support the recommendation, nor were dissenting voices or industry experts even allowed to provide input to the panel.”

Assemblyman Vince Fong (R-Bakersfield) ripped the proposal. With the average cost of a gallon of gas hitting $4.53, the state should be encouraging more oil production in the state, not less, he said.

“At a time when Californians need affordable and reliable energy, the governor is once again choosing to increase energy costs, reduce needed energy production, and puts jobs and careers at risk in Kern County and throughout the state,” Fong said in a statement.

Environmental justice and public health groups praised Thursday’s announcement, a move they’ve long been pushing.

“We are tired of being treated like sacrifice zones, with dangerous health impacts of living next to oil production, including higher rates of asthma and respiratory illness, low birth weights and adverse birth incomes, heart disease and more,” Darryl Molina Sarmiento, executive director of Communities for a Better Environment, said at Thursday’s news conference with the governor. “The fight isn’t over. We know there is no safe distance from oil and communities. We need drilling operations phased out in our communities with robust plans to put in place to protect workers and communities.”

Still, some environmental advocates expressed disappointment that the Newsom administration wasn’t being more aggressive about shutting down existing oil wells and continues to issue well-drilling permits.

California was home to more than 61,000 oil-producing wells that produced 159 million barrels of crude oil from both onshore and offshore facilities in 2019, according to the state Department of Conservation. California also consumes more gasoline than any other state — 360 million barrels in 2019, according to the U.S. Energy Information Administration.

In 2018, a report by the Los Angeles County Department of Public Health called for greater health and safety setback requirements on new oil and gas wells, keeping them at least 300 feet from populated areas. It also called for a significant increase in air quality monitoring within the 68 active oil fields in the Los Angeles Basin.

“Although oil and gas production in Los Angeles County occurs in both rural and urban areas, the potential public health impacts of oil and gas sites located in densely populated areas are concerning, particularly to those who experience disproportionate economic and health inequities,” the report stated.

Oil rigs, storage tanks and other operations are common sights in Wilmington, Long Beach, Signal Hill, Torrance and South Los Angeles, where oil production has plagued neighborhoods with foul odors, noise and occasional spills or refinery explosions.

The Inglewood Oil Field in Baldwin Hills and Culver City covers 1,000 acres and is one of the nation’s largest urban oil fields. Over the last decade, the oil field has produced a yearly average of 2.5 million to 3.1 million barrels of oil, according to its owner, Sentinel Peak Resources.

The most publicized and politically charged case highlighting the dangers of oil and gas extraction in Southern California came in 2015, when a gas leak in the affluent San Fernando Valley community of Porter Ranch caused thousands of residents to evacuate and triggered complaints of nosebleeds, nausea and headaches. Southern California Gas Co. agreed to pay $119.5 million to settle lawsuits brought by state and local agencies.

14 year analysis on upstream oil and gas production and ambient air pollution in California found: “higher concentrations of ambient air pollutants at air quality monitors in proximity to preproduction wells within 4 km and producing wells within 2 km” likely harming health of nearby residents. Findings “likely applicable to other regions with oil and gas operations.”

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