CEQA Implementation Related to Oil, Gas, and Groundwater
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CEQA Implementation Related to Oil, Gas, and Groundwater Bill Gorham, PhD Brent Miyazaki, PG, CHG November 3, 2016
Transcript of CEQA Implementation Related to Oil, Gas, and Groundwater
CEQA Implementation Related to Oil, Gas, and Groundwater
Bill Gorham, PhDBrent Miyazaki, PG, CHG
November 3, 2016
Topics
– How did we get here?
– Status of recent CEQA efforts
– Current challenges associated with implementing CEQA
– What should you be doing?
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How did we get here?
– Lawsuits• Dec 2011 CBD & Sierra Club sued BLM on NEPA grounds• July 2012 Sierra Club sued DOGGR on CEQA implementation• Oct 2012 CBD, Sierra Club, Earthworks, EWG sued DOGGR on
CEQA focusing on hydraulic fracturing (HF)• Jan 2013 CBD, sued DOGGR on UIC program• Nov 2014 CBD, Sierra Club, & AIR sued DOGGR on HF• July 2015 CBD sued DOGGR on their SB4 EIR• Dec 2015 CBD/Sierra Club, King & Gardiner Farms, and Vaquero
Energy individually sued Kern County over their O&G zoning & EIRPage 3
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2010 2011 2012 2013 2014 2015 2016
CEQA Documents by DOGGR 2010-2016
EIR
IS/ND, IS/MND,Revised IS/MND
CategoricalExemption
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CEQA required before issuing discretionary permitsRequired of all CA agencies
Status of recent CEQA efforts
– SB4 - to regulate Hydraulic Fracturing
– Signed by Gov. Brown Sept 2013
– DOGGR SB4 EIR certified July 2015
– Well Stimulation Program
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Well Stimulation Permit application
Status of recent CEQA efforts– DOGGR’s Well Stimulation
Program • Comprehensive Regulatory
Program• CEQA compliance still required• DOGGR as Responsible Agency,
where possible, e.g. Kern County• DOGGR as Lead
o They will do comprehensive CEQA review
o Applicant should do:– Pre-project meeting– Prepare abbreviated Project
Descriptiono DOGGR staff will review information
& determine scope & type of environmental document
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Status of recent CEQA efforts– Kern County Planning Zoning
Amendment & EIR certified Nov 2015
• Established ministerial review process• Provides different levels of review
o Conformity Reviewo Minor Activity Reviewo No Permit requiredo Five tiers
• Provide CEQA coverage for activities in Kern County under other agencies reviewo DOGGR well stimulation permito Permits from other California agencies
• Provides operators with certaintyo Permits in 7 dayso Economic certainty on commitmentso More change for small producers than majors
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Status of recent CEQA efforts
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DOGGR
Kern County
Status of recent CEQA efforts
– Tier 1: O&G primary use
– Tier 2: Exclusive Ag or Limited Ag
– Tier 3: Nat Res, Rec Forest, Light Industrial (LI), MI, HI, Floodplain, Drilling Island, Petroleum Extraction District
– Tier 4: Other designations: Est, Res., Com., Open Space
– Tier 5: Spec. Planning Dist. with O&G provisions• CUP may be required for Tier 4 or 5
– Non-jurisdictional – not covered
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Status of recent CEQA efforts
– Required Mitigations• Compensate for lost ag land 1:1• Protect crops• Minimize dust and reduce emissions• Support to County Sheriff and Fire Departments• Contribute to maintenance and improvement of roads• Increase in re-use of produced water• Survey for protected species, minimize and avoid impacts, &
compensate for lost habitat• Survey for & avoid or preserve cultural resources
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Current challenges associated with implementing CEQA
– DOGGR • Rely on local jurisdiction, where possible – Responsible Agency• Act as CEQA lead agency if no local lead agency
– Kern County• Unknown consequences of legal challenges but things look positive• Impact bigger on smaller producers
– Other counties• Depends on permits required from the County or other agencies• DOGGR may be lead if only well stimulation or well installation
permits are required – not their preferred role
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What should you be doing?– Understand CEQA requirements of local jurisdictions
• Kern County, relatively easy• Other counties, may be more challenging• DOGGR preparing additional CEQA guidance
– Prepare for CEQA process• Prepare a focused project description• Understand potential environmental impacts• Identify measures to minimize potential impacts• Communicate with CEQA lead agency
– Be proactive & actively communicate with CEQA lead agency
– Prepare Other permit applications concurrent with developing CEQA document
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Comments and Discussion
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