It’s that time of year again.
Time for the Division of Oil, Gas & Geothermal Resources (DOGGR), the agency tasked with regulating the Oil & Gas industry, to once again skip the home to one of the largest urban oil fields in the U.S. on its listening tour.
The occasion? DOGGR is seeking public comment on the latest version of the proposed regulations (released mid-June) regarding the use of unconventional well stimulation practices in oil and gas production.
Let me see if I can put what that entails into English.
With last year’s signing into law of Senate Bill 4 (SB 4), the highly imperfect but significant first step forward in regulating unconventional oil and gas drilling practices in California, DOGGR was officially tasked with taking on some of the very regulatory functions it had shied away from for years. These included defining a range of unconventional drilling practices (and related terms) and adopting rules and regulations specific to those practices that operators must be able to comply with to receive a permit to drill. The regulations, the bill specifies, are to be completed by January 1, 2015.
In addition to requiring operators seek specific permits for fracking and other unconventional practices — a first in the history of drilling in California — SB 4 orders the State to conduct an environmental impact report (EIR) pursuant to the California Environmental Quality Act (CEQA), analyzing the effects of hydraulic fracturing statewide by July 15, 2015 (DOGGR’s broad Notice of Preparation under CEQA can be found here).
This is also a first, as fracking operations have generally gotten around being subjected to CEQA reviews.
That doesn’t make SB 4′s approach perfect — it appears fracking can continue unabated, even while testing to determine whether it is safe is still underway (especially with the defeat of SB 1132 in May). But, it is still a major step forward, considering that, as recently as 2011, Governor Jerry Brown fired Elena Miller (who reviewed drilling permits at DOGGR) and Derek Chernow (acting director of the DoC), for slowing down the permitting process and suggesting that fracking operations should be subjected to CEQA.
The different deadlines for the completion of the regulations and the EIR are one of the many things activists point to as a being problematic. Why, for example, would the state require that regulations for drilling practices be put in place before studies examining the safety of those very practices are completed? And, will future drilling operations be subjected to project-specific CEQA reviews (and therefore a public process)? Much will depend on what comes out of the EIR.