Posts

California Governor Gavin Newsom looks at surface expression oil spills

Governor Newsom Must Do More to Address the Cause of Oil Spill Surface Expressions

Chevron and other oil and gas companies in western Kern County have drilled so many oil and gas wells that they have essentially turned this area of California into a block of Swiss cheese. As a result, several of the most over-developed oil fields (in the world!) are suffering from gushing oil seeps known as surface expressions. Since May of 2019, one surface expression alone has spilled over 1.3 million gallons of oil and wastewater in the Cymric Field in southwestern California. Thirteen known surface expressions have been reported actively flowing in the Cymric field in 2019, one for over 15 years (GS5).

Regulators and Governor Newsom’s administration have attempted to address the issue but their response is not enough. Chevron was fined $2.7 million and Governor Newsom personally told Chevron to stop this spill, the location of which is shown below on the map in Figure 1. Oil and gas companies have also been ordered to lower their maximum injection pressures on new wells, limiting a technique called high pressure steam injection. Yet the state has continued to permit new cyclic steam and steam injection wells, the main cause of the surface expressions, including many in the same fields as the active surface expressions. Furthermore, data on new permit applications shows that Chevron and other operators intend to continue expanding their already bloated well counts. These new wells will increase the flow of oil to the surface via the over-abundance of existing older wells that serve as man-made pathways for toxic fluids.

Although Governor Newsom has made positive steps by halting new permits for higher pressure injections, the moratorium’s focus on injection pressure does not address all of the root causes of this epidemic of surface expressions, including over-development of these oil fields. Reducing the maximum injection pressures without also addressing the growing number of injection wells does nothing to reduce the pathways oil uses to travel to the surface. The Governor can reduce the active expressions and limit the risk for future expressions by halting permits for all new oil and gas wells, banning the existing use of steam injection, and forcing oil companies to plug and properly abandon older wells before they fail.

(To see Governor Newsom’s track record on permitting new oil and gas wells, see FracTracker Alliance’s collaboration with Consumer Watchdog at NewsomeWellWatch.com)

View map fullscreen | How FracTracker maps work

Figure 1. Map of 2018-2019 Cymric Oil Field Surface Expressions. The map includes the locations of surface expressions as well as the locations of new injections wells permitted in 2019 and current applications submitted since November 19, 2019.

Background

Steam injection is used more commonly in California than hydraulic fracturing, due to the nature of California’s abundant geological activity. Steam injection wells include wells devoted solely to injection and others, called cyclic steam wells, that alternate between injection of steam and production of oil and gas. It requires an extreme amount of energy to accomplish this, so they are considered energy intensive. These operations are known collectively as enhanced oil recovery (EOR) wells.

Steam injection wells increase the volume of oil produced when compared to conventional methods. They do this by injecting steam and water into the low-quality heavy crude produced in California in order to decrease the viscosity and push it towards the bottom holes of the production wells. The steam also pushes oil in other directions unintentionally, such as to the surface where it can spill out becoming a surface expression.

Some of the most notable negative impacts caused by EOR wells in California include greenhouse gas contributions, air and water contamination, and risks to workers.

Environmental Impacts

In addition to the creation of greenhouse gases from burning the fossil fuels extracted from California oil fields, oil and gas operators cause surface expressions and emit methane and other greenhouse gases as they leak out of the ground. The leaking natural gas is full of toxic and carcinogenic volatile organic compounds that degrade the local and regional air quality and exacerbate climate change. The majority of these expressions have not been documented by regulators and the emissions are not considered. The expressions also push oil and wastewater upwards through groundwater, leaving it contaminated. When the oil gets to the surface, it destroys terrestrial habitat for native plants and endangered species such as the long nosed leopard lizard. The seeps are also a major hazard to migratory birds that confuse the pooling oil for water sources.

Worker Safety

Surface expressions do not just ooze oil. When the pressure spreads underground beyond the target formation, it can cause oil, water, steam, rocks, and natural gas to shoot from the ground, presenting a deadly hazard to worker safety. Stories from oil field workers describe periods when oil companies increase steam injection volumes and activity as bringing chaos to the oil fields. Engineers across the region engaged in a high-stakes version of whack-a-mole, rushing to plug one geyser while others broke through elsewhere,” according to Julie Cart with the LA Times.

A construction supervisor for Chevron named David Taylor was killed by such an event in the Midway-Sunset oil field near Bakersfield, CA. According to the LA Times, Chevron had been trying to control the pressure at the well-site. The company had stopped injections near the well, but neighboring operators continued injections into the pool. As a result, migration pathways along old wells allowed formation fluids to saturate the Earth just under the well-site. Tragically, Taylor fell into a 10-foot diameter crater of 190° fluid and hydrogen sulfide.

High Pressure Steaming

The practice of high pressure steam injection is incredibly similar to hydraulic fracturing, but unfortunately is not regulated under the current rules established by State Bill 4 (SB4). The technique is used to stimulate increased production from “unconventional” target formations such as the Monterey Shale. Steam is injected at high pressures, fracturing shale and other sedimentary rocks. High pressure steam injection both opens new pathways in the source rock and decreases the viscosity of heavy crude, allowing crude to flow more easily to the borehole of the well.

In 2016, the oil and gas industry was able to introduce an exemption in the regulations to allow for the stimulation of wells without an SB4 permit, as long as it was using steam, even when the injection pressure was greater than the fracture gradient of the target formation. For the last three years the practice existed in a legal grey area without any oversight. Then, in July of 2019, Governor Newsom’s administration adopted new underground injection control regulations, which explicitly allowed steam injection at pressures above the fracture gradient of the formation (1724.10.3. Maximum Allowable Surface Injection Pressure). That means operators were essentially “fracking”, but using steam to fracture the targeted shale formation instead of water (hydraulic). With the formal approval of the practice, operators ramped up operations resulting in numerous new surface expressions forming and the flow rates of existing surface expressions increasing.

Governor Newsom’s Response

On November 19, 2019, California Governor Gavin Newsom released a press statement outlining the work his administration is planning to address issues with oil and gas drilling such as surface expressions. Along with two other strategies, the Governor called for an immediate end to high pressure cyclic steaming. This new ban was meant to stop the existing surface expressions in oil fields, and prevent any new ones. Unfortunately, the activities of Chevron and the other operators in these fields are likely to prevent the Governor’s intervention from having the intended impact. These operators are planning to drill many new injection wells in close proximity to the surface expressions, in effect increasing the flow of current surface expressions and increasing the risk of more in the future. From the time of the press release to the end of 2019, oil and gas operators applied for permits authorizing 184 new steam injection wells. The majority of these permits are in the same fields as the surface expressions.

Injection Pressure

The oil and gas industry has blamed the surface expressions entirely on the geology of the oil fields in the southwestern region of Kern, specifically on the brittle diatomite crust that lies above many of Central California’s oil formations. The thing is, diatomite is common throughout the Monterey Shale. In fact, the entire Monterey formation of the Santa Barbara-Ventura coast generally consists of an upper siliceous member (diatomaceous) (Stanford, 2013; Issacs 1981). The risk is not unique to just the Cymric, McKittrick and Midway-Sunset Fields, yet these three fields, along with the Lost Hills field to the north, have the highest counts of reported surface expressions, as shown in the map below in Figure 2.

View map fullscreen | How FracTracker maps work

Figure 2. Map of California well density and surface expressions. The map visualizes California Department of Conservation (CA DOC) data summing surface expressions by oil field. Locations of new injections permit applications submitted since November 19, 2019 are also shown, summed by section.

 

These fields also have the highest concentration of wells in the state. Surface expressions in the oil fields of western Kern County provide a warning for the rest of the state. Over-development of an oil field is a major contributor to the potential for surface expressions. In the case of the Cymric field, there are simply too many wells drilled in a limited area. This is the reason Chevron shut down injection wells within 1,000’ of the surface expression, but even then the seep did not stop.

The map in Figure 2 shows that the Cymric field has the highest density of active and abandoned oil and gas wells in the state, providing plenty of man-made pathways to the surface. Our analysis shows that there are at least 319 reported wells drilled within 1,000’ of the 1Y surface expression. Another 154 wells are drilled within 1,000’ of the GS5 expression that has been actively flowing since 2003, including 11 active steam injection wells.

Wells in the Cymric field have been drilled in such numbers and in such close proximity that downhole communication between the wells is unavoidable. “Downhole communication” occurs when wells drilled in close proximity leak oil, natural gas and other formation materials between boreholes. This is a dangerous situation, for public health and worker safety. Downhole communication with unknown and known abandoned wells with brittle casings or active wells with poorly engineered casing that shear could even “blow sky high.”

To understand the spatial distribution of oil and gas wells in California, FracTracker used GIS to conduct a hot spot analysis. The parameters included all oil and gas wells in the state of California using California Department of Conservation (CA DOC) data (updated 1/4/20). Results of the analysis are shown in the map in Figure 2. Areas where the analysis showed statistically significant clusters of wells in high density are shown in purple, from low levels of statistical significance to high. Of note, the region with the highest level of statistically significant well density is located along the western side of Kern County. It is in the very same localized area as the eight surface expressions in the Cymric field, and includes the Cymric, McKittrick, and north end of the Midway-Sunset fields.

 

FieldNew Steam Well Permit Count
Midway-Sunset427
Cymric197
Belridge, South150
Kern River125
McKittrick105
Coalinga88
Poso Creek71
San Ardo69
Kern Front43
Lost Hills20
Arroyo Grande15
Cat Canyon10
Edison5
Orcutt4
Placerita1
Grand Total1130

Table 1. Count of new steam well permits approved in 2019, by field. Data taken from CA DOC Weekly Summary of Permits Data (ftp://ftp.consrv.ca.gov/pub/oil/).

 

OperatorNew Steam Well Permit Count
Aera Energy LLC381
Chevron U.S.A Inc.360
Berry Petroleum Company, LLC276
Sentinel Peak Resources California LLC112
E & B Natural Resources Management Corporation65
Seneca Resources Management Corporation61
California Resources Production Corporation46
Vaquero Energy, Inc.10
Crimson Resource Management Corp.5
Naftex Operating Company5
Kern River Holdings, Inc.4
Santa Maria Energy, LLC4
Grand Total1329

Table 2. Count of new steam well permits approved in 2019, by operator. Data taken from CA DOC Weekly Summary of Permits Data (ftp://ftp.consrv.ca.gov/pub/oil/).

State’s Response

On November 19, 2019, California Governor Gavin Newsom released a press statement outlining his administration’s plan to address several issues with oil and gas drilling. Among them, the Governor called for an immediate moratorium on issuing new permits for “high pressure cyclic steaming.” This new moratorium was meant curb the rise of surface expressions. Unfortunately the activities of Chevron and the other operators in these fields are likely to undermine the Governor’s action. These operators are planning to drill many new injection wells in close proximity to the surface expressions, in effect increasing the flow of current surface expressions and increasing the risk of more in the future. From the time of the press release to the end of 2019, oil and gas operators applied for permits authorizing 184 new steam injection wells. The majority of these permits are in the same fields as the surface expressions. While the newly implemented moratorium will prevent future permits, permits issued prior to November 19, 2019 remain valid and will continue injecting at high pressure.

The regulatory agency, formerly DOGGR and now CalGEM, has already approved 1,330 new steam injection wells during Governor Newsom’s first year in office; 874 in the Cymric, McKrittrick, and Midway-Sunset fields alone where there are already over 9,300 operating. For summaries of new steam well permits approved in 2019 by field and operator, see Table 1 and 2 below. Even though Chevron stated that they ceased operations within 1,000 feet of the surface expressions (see map in Figure 1), 17 new steam injection wells have been permitted within 1,000 feet in 2019 alone. After the death of David Taylor in 2015, regulators established an 800’ safety buffer zone from that expression, but that safety measure has been ignored for more recent spills. Today, 27 steam injection wells continue to operate and three new permits are being considered within 800’ of the largest 2019 spill. Regulators are now considering permits for an additional 83 new steam injection wells in the same sections of the Cymric oil field closest to these recent surface expressions.

Conclusions and Recommendations

The state’s current solution for reducing surface expressions – a moratorium on high pressure steam injection – is not enough. Chevron and regulators say that it is unclear what exactly is causing the surface expressions, but the data speaks for itself. Too many wells have been drilled in too close proximity. Lowering the injection pressures of individual injection wells alone will not improve the situation if more injection wells are approved into the same formation. Governor Newsom can begin the remediation by stopping the state from permitting new oil and gas wells, banning existing steam injection, and properly plugging and abandoning the leaking wells in these fields. If this is not a priority, California will undoubtedly experience more of these situations, where the density of wells leads to dangerous conditions and increased emissions in more fields, such as the Ventura, Oxnard, and Kern River. It is clear that in addition to high injection pressures, these impacts are the result of over-development via lackadaisical permit reviews and irresponsible environmental policy.

By Kyle Ferrar, MPH, Western Program Coordinator, FracTracker Alliance

Feature Photo by Irfan Khan/LA Times via AP, Pool.

Support this work

Stay in the know

Governor Newsom Well Watch website for California drilling

Oil & Gas Well Permits Issued By Newsom Administration Rival Those Issued Under Gov. Jerry Brown

FracTracker Alliance and Consumer Watchdog worked together to produce a map of all oil and gas permits issued in 2019, under Governor Newsom’s watch. Our previous collaborative reports revealed conflicts of interest within the oil and gas regulatory agency, and showed that the rate of permitting new fracking operations and all oil and gas well permits had doubled for the first six months of 2019, as compared to 2018 – Governor Jerry Brown’s last year in office. We have once again updated the data, with supporting maps and visuals to show the state of drilling in the State of California.

“The numbers give fresh urgency on the need to order a 2,500-foot health barrier between oil industry operations and people living as close as just yards away,” Consumer Watchdog and FracTracker Alliance wrote in a letter to Governor Newsom. “Action on this and a start to phasing out oil and gas production in the state simply cannot wait for the results of more time-consuming studies.”

 

Support this work

Stay in the know

Permitting New Oil and Gas Wells Under the Newsom Administration

California regulators halt well permitting after Consumer Watchdog and FracTracker reveal a surge in well permits under California Governor Newsom

October 24th, 2019 update: 

There have been several exciting updates since FracTracker Alliance and Consumer Watchdog released a report on fracking and regulatory corruption under Governor Newsom’s administration, detailed in the article below.

On July 11th, 2019, immediately following the report’s release, Governor Newsom fired Ken Harris, head of California’s Division of Oil, Gas, and Geothermal Resources (DOGGR).

Newsom’s chief of staff Ann O’Leary stated:
“The Governor has long held concerns about fracking and its impacts on Californians and our environment, and knows that ultimately California and our global partners will need to transition away from oil and gas extraction. In the weeks ahead, our office will work with you to find new leadership of (the division) that share this point of view and can run the division accordingly.”
FracTracker Alliance supports the governor’s decision and hopes that new leadership acts in the best interests of Californians while moving the state towards 100% renewable energy.

Two months later in September, it was announced that no new fracking permits had been approved in California since the report was issued. We’re thrilled to see this immediate cessation. Yet, while new fracking activity has halted, other forms of oil and gas development continue to threaten Californian’s health and natural resources.

FracTracker Alliance’s review of public records found that DOGGR issued approximately 1,200 permits for steam injection and other “enhanced recovery” techniques through September 2nd, a 60% increase from the 749 permits issued in the same period last year. Sources within DOGGR revealed that at least 40 illegal oil spills from wells were ongoing in Kern and Santa Barbara Counties.

A final development came on October 12th, when Governor Newsom signed a bill to prevent oil and gas development on state lands. As state lands often neighbor federal lands, this bill will play a role in protecting federal land from pipelines, wells, and other polluting infrastructure. Newsom also changed the name of DOGGR to the “Geologic Energy Management Division,” and modified its mission to include protecting public health and environmental quality.

We remain hopeful that Newsom will take a bold stance in leading California away from fossil fuels.

Original July 11th, 2019 FracTracker article:

FracTracker Alliance and Consumer Watchdog have uncovered new data showing an increase in oil and gas permitting by California regulators in 2019 compared to 2018, calling into question Governor Gavin Newsom’s climate commitment. Even more concerning, this investigation found that state regulators are heavily invested in the oil companies they regulate.

FracTracker Alliance’s new report with Consumer Watchdog compares oil and gas permitting policies of the current Governor Gavin Newsom’s administration with that of former Governor Jerry Brown’s administration.

The former lieutenant governor to Brown, Governor Newsom has set out to make a name for himself. As part of stepping out of Brown’s shadow, Newsom has expressed support for a Just Transition away from fossil fuels. Governor Newsom’s 2020 budget plan includes environmental justice measures and an unprecedented investment to plan for this transition that includes investments in job training.

Yet five months into Governor Newsom’s first term, regulators are on track to allow companies to drill and “frack” more new oil and gas wells than Brown allowed in 2018. The question now is: will Governor Newsom actually take the next step that Brown could not, and prioritize the reduction of oil extraction in California?

In addition, the Consumer Watchdog report reveals that eight California regulators with the Division of Oil, Gas, and Geothermal Resources (DOGGR) are heavily invested in the oil companies they regulate. FracTracker and Consumer Watchdog are calling for the the removal of DOGGR officials with conflicts of interest, and an immediate freeze on new well approval. Read the letter to Governor Newsom here.

Governor Brown’s Legacy

Around the world, Brown is recognized as a climate warrior. His support of solar energy technology and criticisms of the nuclear and fossil fuel industry was ultimately unique in the late 1970’s.

In 1980, during his second term as Governor and short presidential campaign, he decried that fellow democrat and incumbent President Jimmy Carter had made a “Faustian bargain” with the oil industry. Since then, he has continued to push for state controls on greenhouse gas emissions. To end his political career, Brown hosted an epic climate summit in San Francisco, California, which brought together climate leaders, politicians, and scientists from around the world.

While Brown championed the reduction of greenhouse gas emissions, his policies in California were contradictory. While front-line communities called for setbacks from schools, playgrounds, hospitals and other sensitive receptors, Brown ignored these requests. Instead he sought to spur oil production in the state. Brown even used state funds to explore his private properties for oil and mineral resources that could be exploited for personal profit.

Brown’s terms in the Governor’s office show trends of increasing oil and gas production. The chart in Figure 1 shows that during his first term (1979-1983), California oil extraction grew towards a peak in production. Then in 2011 at the start of Brown’s second term (2011-2019), crude oil production again inflected and continued to increase through 2015, ending a 25-year period of relatively consistent reduction.

We are therefore interested in looking at existing data to understand if moving forward, Governor Newsom will continue Brown’s legacy of support for California oil production. We start by looking at the first half of 2019, the beginning of Governor Newsom’s term, to see if his administration will also allow the oil and gas industry to increase extraction in California.

Figure 1. Chart of California’s historic oil production, from the EIA

Analysis

The FracTracker Alliance has collaborated with the non-profit Consumer Watchdog to review records of oil and gas well permits issued in 2018 and thus far into 2019.

Records of approved permits were obtained from the CA Department of Conservation’s Division of Oil Gas and Geothermal Resources (DOGGR). Weekly summaries of approved permits for the 52 weeks of 2018 and the first 22 weeks of 2019 (January 1st-June 3rd) were compiled, cleaned, and analyzed. Notices of well stimulations were also included in this analysis. The data is mapped here in the Consumer Watchdog report, as well as in more detail below in the map in Figure 2.

Figure 2. Map of California’s Permits, 2018 and 2019


View map fullscreen | How FracTracker maps work

Findings

At FracTracker, we are known for more than simply mapping, so we have, of course, extracted all the information that we can from this data. The dataset of DOGGR permits included details on the type of permit as well as when, where, and who the permits were granted. With this information we were able to answer several questions.

Of particular note and worthy of prefacing the data analysis was the observation of the very low numbers of permits granted in the LA Basin and Southern California, as compared to the Central Valley and Central Coast of California.

First, what are the types of permits issued?

Regulators require operators to apply for permits for a number of activities at well sites. This dataset includes permits to drill wells, including re-drilling existing wells, permits to rework existing wells, and permits to “sidetrack”. Well stimulations using techniques such as hydraulic fracturing and acid fracturing also require permits, as outline in CA State Bill 4.

How many permits have regulators issued?

In 2018, DOGGR approved 4,368 permits, including 2,124 permits to drill wells. In 2019, DOGGR approved 2,366 permits from January 1 – June 3, including 1,212 permits to drill wells. At that rate, DOGGR will approve 5,607 total permits by the end of 2019, including 2,872 wells.

That is an increase of 28.3% for total permits and an increase of 35.3% for drilling oil and gas wells.

DOGGR also issued 222 permits for well stimulations in 2018. So far in 2019, DOGGR has issued 191 permits for well stimulations, an increase of 103.2%.

Who is applying for permits?

As shown in Table 1 below, the operators Chevron U.S.A. Inc., Aera Energy LLC ( a joint conglomerate of Shell Oil Company and ExxonMobil), and Berry Petroleum Company, LLC dominate the drilling permit counts for both 2018 and 2019.

Aera has obtained the most drilling permits thus far into 2019, while Chevron obtained the most permits in 2018, almost 100 more than Aera. In 2019, Chevron was issued almost 3 times the amount of rework permits as Aera, and both have outpaced Berry Petroleum.

Table 1. Permit Counts by Operator

Where are the permits being issued?

Data presented in Table 2 indicate which fields are being targeted for drilling and rework permits. While the 2019 data represents less than half the year, the number of drilling permits is almost equal to the total drilling permit count for 2018.

Majority players in the Midway-Sunset field are Berry Petroleum and Chevron. South Belridge is dominated by Aera Energy and Berry Petroleum. The Cymric field is mostly Chevron and Aera Energy; McKittrick is mostly Area Energy and Berry Petroleum. The Kern River field, which has by far the most reworks (most likely due to its massive size and age) is entirely Chevron.

Table 2. Permit Counts by Field

Conclusions

Be sure to also read the Consumer Watchdog report on FracTracker’s permit data!

The details of this analysis show that DOGGR has allowed for a modest increase in permits for oil and gas wells in 2019. The increase in well stimulations in 2019 is estimated to be larger, at 103.2%.

There was the consideration that this could be a seasonal phenomenon since we extrapolated from data encompassing just less than the first half of the year. But upon reviewing data for several other years, that does not seem to be the case. The general trend was instead increasing numbers of permits as each year progresses, with smaller permit counts through the first half of the year.

Oil prices do not provide much explanation either. The chart in Figure 3 shows that crude prices were higher in 2018 than they have been for the vast majority of 2019. The increase in permits could be the result of oil and gas operators like Chevron and Aera anticipating a stricter regulatory climate under Governor Newsom. Operators may be securing  as many permits as possible, while DOGGR is still liberally issuing them. This could be a consequence of the Governor’s recognition of the need for California to begin a managed decline of fossil fuel production and end oil drilling in California.

Could this be an early industry death rattle?

Figure 3. Crude prices in 2018 and 2019

By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance

Urban Drilling in Los Angeles

Impact of a 2,500′ Oil and Gas Well Setback in California

Why does California need setbacks?

A new bill proposed by California State Assembly Member Al Muratsuchi (D), AB345, seeks to establish a minimum setback distance of 2,500′ between oil and gas wells and sensitive sites including occupied dwellings, schools, healthcare facilities, and playgrounds. A setback distance for oil and gas development is necessary from a public health standpoint, as the literature unequivocally shows that oil and gas wells and the associated infrastructure pose a significant risk to the communities that live near them.

FracTracker Alliance conducted a spatial analysis to understand the impact a 2,500’ well setback would have on oil and gas expansion in California. In a previous report, The Sky’s Limit California (Oil Change Internal, 2018), Fractracker data showed that 8,493 active or newly permitted oil and gas wells were located within a 2,500’ buffer of sensitive sites. At the time it was estimated that 850,000 Californians lived within the setback distance of at least one of these oil and gas wells.

This does not bode well for Californians, as a recently published FracTracker literature review found that health impacts resulting from living near oil and gas development include cancer, infant mortality, depression, pneumonia, asthma, skin-related hospitalizations, and other general health symptoms. Studies also showed that health impacts increased with the density of oil and gas development, suggesting that health impacts are dose dependent. Living closer to more oil and gas sites means you are exposed to more health-threatening contamination.

An established setback is therefore necessary to alleviate some of these health burdens carried by the most vulnerable Environmental Justice (EJ) communities. Health assessments by the Los Angeles County Department of Health and studies on ambient air quality near oil fields by Occidental College Researchers support the assumption that 2,500′ is the necessary distance to help alleviate the harsh conditions of degraded air quality. Living at a distance beyond 2,500′ from an oil and gas site does not mean you are not impacted by air and water contamination. Rather the concentrations of contaminants will be less harmful. In fact studies showed that health impacts increased with proximity to oil and gas, with associated impacts potentially experienced by communities living at distances up to 9.3 miles (Currie et al. 2017) and 10 miles (Whitworth et al. 2017).

Assembly Bill 345

This analysis assesses the potential impact of State Assembly member Al Muratsuchi’s Assembly Bill 345 on California’s oil and gas extraction and production. Specifically, AB345 establishes a minimum 2,500’ setback requirement for future oil and gas development. It does not however directly address existing oil and gas permits.

The bill includes the following stipulations and definitions:

  • All new oil and gas development, that is not on federal land, are required to be located at least 2,500′ from residences, schools, childcare facilities, playgrounds, hospitals, or health clinics.
  • In this case the redrilling of a previously plugged and abandoned oil or gas well or other rework operation is to be considered new oil and gas development.
  • “Oil and gas development” means exploration for and drilling production and processing of oil, gas or other gaseous and liquid hydrocarbons; the flowlines; and the treatment of waste associated with that exploration, drilling, production, and processing.
  • “Oil and gas development” also includes hydraulic fracturing and other stimulation activities.
  • “Rework operations” means operations performed in the well bore of an oil or gas well after the well is completed and equipped for production, done for the purpose of securing, restoring, or improving hydrocarbon production in the subsurface interval that is the open to production in the well bore.
  • The bill does not include routine repairs or well maintenance work.

Map

Figure 1. Map of Wells within a 2,500′ Setback Distance from Sensitive Receptor Sites. The map below shows the oil and gas wells and permits that fall within the 2,500′ setback distance from sensitive receptor sites.  Summaries of these well counts and discussions of these well types are included below as well.

Map of Wells within a 2,500′ Setback Distance from Sensitive Receptor Sites

View map fullscreen | How FracTracker maps work

 

Environmental Justice

The California Environmental Justice Alliance (CEJA) has just released their 2018 Environmental Justice Agency Assessment, which used FracTracker’s data and mapping to assess environmental equity in the state regulation of oil permitting and drilling. The report issued the Division of Oil, Gas, and Geothermal Resources (DOGGR) a failing grade of ‘F’. According to the report, “DOGGR is aware that the proposed locations of many drilling activities are in or near EJ communities, but approves permits irrespective of known health and safety risks associated with neighborhood drilling.”

FracTracker’s analysis of low income communities in Kern County shows the following:

  • There are 16,690 active oil and gas production wells located in census blocks with median household incomes of less than 80% of Kern’s area median income (AMI).
  • Therefore about 25% (16,690 out of 67,327 total) of Kern’s oil and gas wells are located within low-income communities.
  • Of these 16,690 wells, 5,364 of them are located within the 2,500′ setback distance from sensitive receptor sites such as schools and hospitals (32%) vs 13.1% for the rest of the state.

For more information on the breakdown of Kern County wells, see our informational table, here.

DOGGR wells

Using freshly published Division of Oil, Gas, and Geothermal Resources (DOGGR) data (6/3/19), we find that there are 9,835 active wells that fall within the 2,500’ setback distance, representing 13.1% of the total 74,775 active wells in the state.

There are 6,558 idle wells that fall within the 2,500’ setback distance, of nearly 30,000 total idle wells in the state. Putting these idle wells back online would be blocked if the wells require reworks to restart or ramp up production. For the most part operators do not intend for most idle wells to come back online. Rather operators are just avoiding the costs of plugging and properly abandoning the wells. To learn more about this issue, see our recent coverage of idle wells here.

Of the 3,783 permitted wells not yet in production, or “new wells,” 298 (7.8%) are located within the 2,500’ buffer zone.

Getting a count of plugged wells within the setback distance is more difficult because there is not a complete dataset, but there are over 30,000 wells in areas with active production that would be blocked from being redrilled. In total there are 122,209 plugged wells listed in the DOGGR database.

Permits

We also looked at permit applications that were approved in 2018, including permits for drilling new wells, well reworks, deepening wells and well sidetracks. This may be the most insightful of all the analyses.

Within the 2018 permit data, we find that 4,369 permits were approved. Of those 518 permits (about 12%) were granted within the proposed 2,500’ setback. Of the permits 25% were for new drilling, 73% were for reworks, and 2% were for deepening existing wells. By county, 42% were in Kern, 24% were in Los Angeles, 14% in Ventura, 6% in Santa Barbara, 3% in Fresno, and 2% or less in Glenn, Monterey, Sutter, San Joaquin, Colusa, Solano, Orange and Tehama, in descending order.

SCAQMD Notices

In LA, Rule 1148.2 requires operators to notify the South Coast Air Quality Management District (SCAQMD) of activities at well sites, including stimulations and reworks. These data points are reiterative of the “permits” discussed above, but the dataset is specific to the SCAQMD and includes additional activities. Of the 1,361 reports made to the air district since the beginning of 2018 through April 1, 2019; 634 (47%) were for wells that would be impacted by the setback distance; 412 incidences were for something other than “well maintenance” of which 348 were for gravel packing, 4 for matrix acidizing, and 65 were for well drilling. We are not sure where gravel packing falls, in reference to AB345.

A major consideration is that this rule may force many active wells into an idle status. If the onus of plugging wells falls on the state, these additional idle wells could be a major liability for the public. Fortunately AB1328 recently defined new idle well rules. The rules entice operators to plug and abandon idle wells. If rule 1328 is effective at reducing the stock of idle wells, these two bills could complement each other. (For more information on idle wells, read FracTracker’s recent analysis, here: https://www.fractracker.org/2019/04/idle-wells-are-a-major-risk/)

State Bill 4 Well Stimulation Reporting

We also analyzed data reported to DOGGR under the well stimulation requirements of CA State Bill 4 (SB4), the 2013 bill that set a framework for regulating hydraulic fracturing in California. Part of the bill required an independent scientific study to be conducted on oil and gas well stimulation, including acid well stimulation and hydraulic fracturing. Since 2016 operators have been required to secure special permits to stimulate wells, which includes hydraulic fracturing and several other techniques. To learn more about this state regulation read FracTracker’s coverage of SB4. From January 1, 2016 to April 1, 2019, there have been 576 well stimulation treatment permits granted under the SB4 regulations. Only 1 hydraulic fracturing event, permitted in Goleta, would have been impacted by a 2,500’ setback in 2018.

Support for AB345

After being approved by the CA Assembly Natural Resources Committee in a 7-6 vote, the bill did not make it up for a vote in the Senate Appropriations Committee during the 2019 legislative session.  The bill was described by the committee as “promising policies that need more time for discussion.” AB345 is now a two-year bill in the state Senate and will be reconsidered by the committee in January of 2020. The Chairperson of the Appropriations Committee, Lorena Gonzalez, indicated her general support for the policy and committed to working with the author to find a way to move the bill forward at the end of the session.

By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance 

Feature image by David McNew, Getty Images