Sen. Fran Pavley

[Sen. Pavley] – Since July 2014, an ongoing review of oil and gas injection wells has resulted in the closure of 23 wells due to oil-field wastewater being improperly injected into groundwater used or suitable for drinking and irrigation. These wells — and thousands of other oil and gas injection wells primarily located in Kern County — are regulated by the Division of Oil, Gas, and Geothermal Resources (DOGGR) under an agreement with the U.S. EPA to run what is known as the “Class II” Underground Injection Control well program. DOGGR’s operation of the program has put quality groundwater at risk.

A California Environmental Protection Agency (CalEPA) memo released to the public on March 3, 2015, resulted in orders to immediately shut down a dozen wells in the Central Valley.

Senator Pavley introduced legislation last month — Senate Bill 248 — that calls for more comprehensive and transparent reporting of oil and gas well drilling activity. This bill addresses the serious deficiencies recently identified in DOGGR’s implementation of the UIC well program, and will help ensure the state’s drinking water and irrigation water sources are protected from oil and gas well wastewater disposal. Senate Bill 248 will require full reporting of any activity or injection into an oil or gas well to keep the process fully transparent and the data readily available to the public and regulators.

Next Tuesday, March 10, a joint hearing of the Senate Natural Resources and Water Committee and the Senate Environmental Quality Committee will hold an oversight hearing in the State Capitol that will focus on DOGGR’s implementation of the UIC program and include the latest results of the review process.

WHAT:          The Senate Natural Resources and Water Committee, chaired by Senator Fran Pavley, and the Senate Environmental Quality Committee, chaired by Senator Bob Wieckowski, will conduct a joint oversight hearing on the Underground Injection Control (UIC) Program, which will include an assessment of how the program is working and a review of CalEPA’s March 2015 UIC memo.

WHEN:          9:30 am, Tuesday, March 10, 2015

WHERE:       State Capitol, John L. Burton Hearing Room 4203, Sacramento, CA

WHO:            State Regulatory Agencies:

► Mark Nechodom, PhD, Director, Department of Conservation

► Steve Bohlen, PhD, Oil and Gas Supervisor, Division of Oil, Gas, and Geothermal Resources (DOGGR)

► Jonathan Bishop, Chief Deputy Director, State Water Resources Control Board

CalEPA Underground Injection Control (UIC) March 2015 Memo:

► John Laird, Secretary, California Natural Resources Agency

► Matt Rodriquez, Secretary, California Environmental Protection Agency (CalEPA)

Senator Fran Pavley and Assemblymember Das Williams Issue a Joint Letter to State Regulatory Agencies About the Disposal of Oil and Gas Wastewaters Into Illegal Unlined Pits

SACRAMENTO — On March 3, 2015, Senator Fran Pavley, chair of the Senate Natural Resources and Water Committee, and Assemblymember Das Williams, chair of the Assembly Natural Resources Committee, sent a joint letter to the chair of the State Water Resources Control Board and the supervisor of the Division of Oil, Gas, and Geothermal Resources (DOGGR) expressing their concerns about the recent revelation that hundreds of unlined, open-air, oil and gas wastewater pits in California are operating without adequate permits.

In the letter (a copy is attached), Senator Pavley and Assemblymember Williams state that these pits may be endangering groundwater resources, including drinking and irrigation water, as well as air quality. They asked the Water Resources Control Board and DOGGR to respond to numerous questions about the types of actions they are taking to resolve the problem and ensure proper regulatory oversight of these unpermitted pits.

“Regulatory accountability is not negotiable,” said Senator Pavley. “Ensuring the safety of the public and the state’s drinking water and irrigation water supplies will remain a top priority, and we will continue to closely monitor these regulatory lapses for as long as necessary to ensure all operations are in full compliance with state law.”

While the Central Valley Regional Water Quality Control Board has investigated the matter and issued enforcement orders against the illegal dumping of oil and gas wastewaters, including hydraulic fracturing (fracking) waste, the unpermitted and illegal disposal of such wastewater into many pits still may be continuing.

The unlined pits are yet another instance of improper disposal of oil and gas wastewater. DOGGR has been under increased scrutiny by the U.S. EPA for allowing the injection of oil and gas wastewater into groundwater used to supply drinking and irrigation water.

“This is another example of insufficient regulatory oversight of the oil and gas industry—oversight meant to protect our groundwater, wildlife, and the public’s health,” said Assemblymember Williams. “As the drought continues, I am particularly concerned about the impacts to groundwater, which is vital to California’s water supply.”

The letter represents an initial effort to understand the scope of this issue and the extent of possible public health and environmental impacts.

“It is past time for California to move into the 21st century and prohibit oil companies from dumping toxic chemical waste into open pits,” said Andrew Grinberg, Clean Water Action’s oil and gas program manager. “This disposal method and blatant disregard for water quality has no place in our drought-stricken state.”

Both committee chairs are awaiting responses from the State Water Resources Control Board and DOGGR before deciding their next oversight actions.