Preliminary Draft of Potential California Hydraulic Fracing Rules

On December 18, the California Department of Conservation/Division of Oil, Gas, and Geothermal Resources released a draft of regulations covering hydraulic fracturing. The Division says the draft regulations are a "discussion draft," meaning the version does not begin a formal rulemaking process, but rather, starts the discussion by key stakeholders, such as industry, environmental groups, regulators, and any interested members of the public. The discussions will help prepare for the more formal rulemaking process, which is expected to begin by February 2013.

The discussion draft regulations touch on topics such as:

• Pre-fracturing well-testing;
• Advance notification;
• Monitoring during and after drilling operations;
• Disclosure of fracturing fluid materials;
• Confidential business information; and
• Handling of hydraulic fracturing fluids; and
• Storage of hydraulic fracturing fluids.

The proposed regulations would require hydraulic fracturing operators to publicly disclose detailed information about their operations, including a complete list of chemicals, and their concentrations. If the material is a trade secret, then operators must inform the public of its chemical family or use a similar method to describe it. The Division will accept written comments until 45 days after the formal rulemaking begins.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Grants To Restore San Francisco Bay Watershed

Grants to state and local agencies, and non-profit organizations totaling $6.5 million have been awarded to restore water quality and wetlands throughout the San Francisco Bay watershed. Grants range from $75,000 to $1.5 million and will support ten projects that prevent pollution, restore streams and tidal marshes, and manage floodwaters. The projects are funded under EPA’s San Francisco Bay Water Quality Improvement Fund that has invested over $28 million in 48 projects across the Bay region since 2008.

The project summaries, partner agencies/organizations, and funding amounts are:

1. Restore Wetlands at Creek Mouths ($1.55 million, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Redesign flood control channels to restore wetland habitat, water quality, and shoreline resilience at three creek mouths: San Francisquito, Lower Novato, and Lower Walnut Creeks. Restore over 100 acres of tidal marsh and re-use 70,000 cubic yards of clean sediment from dredging projects.
2. Continue Reducing Sediment Loads into the Napa River ($1.5 million, in partnership with Napa County Flood Control District): Complete instream restoration of the Rutherford Reach and begin restoration of the Oakville Reach to reduce sediment loads into Napa River.
3. Restore Quartermaster Reach – Presidio ($1 million, in partnership with Golden Gate National Parks Conservancy): Restore 1,050 feet of creek channel, 3.3 acres of dune-coastal scrub upland, and 4.7 acres of previously buried tidal marsh adjacent to the Crissy Field wetlands.
4. Site Preparation of Sears Point Tidal Marsh Restoration ($941,000, in partnership with Sonoma Land Trust): Prepare for restoration of 960 acres of tidal marsh in the San Pablo Bay National Wildlife Refuge through removal of contaminated soil, construction of a 2.5 mile levee to manage floods, and contouring the site to accelerate sediment accumulation.
5. South Bay Salt Ponds Mercury Studies ($500,000, in partnership with California State Coastal Conservancy): Conduct methylmercury studies within the 15,000-acre South Bay Salt Pond complex to support tidal wetlands restoration of ponds.
6. Reduction in Packaging at Fast Food Establishments ($257,000, in partnership with Clean Water Fund): Develop source reduction programs for takeout food containers, the largest documented contributor of trash in urban waterways that flows into SF Bay, and, with partner cities, conduct outreach at fast food establishments.
7. Reduction in Household Use of Toxic Pesticides ($250,000, in partnership with San Francisco Estuary Partnership and the Association of Bay Area Governments): Use social media and direct outreach to consumers and retailers to promote less-toxic pesticides and pesticide free practices. Project aims to shift Bay Area households towards using less-toxic pesticides.
8. Improve Water Quality and Wetlands at Sonoma Creek Marsh ($235,000, in partnership with Audubon California): Enhance 300 acres of tidal marsh within Sonoma Creek marsh by excavating a new channel. Dredged channel material will be used to create wildlife habitat and improved tidal exchange will reduce the need for pesticides used to control mosquitoes.
9. Restore Alameda Creek ($181,000, in partnership with Alameda County Resource Conservation District): Establish stream buffers, restore stream channels and riparian corridors, improve grazing practices, and upgrade rural roads in three subwatersheds of Alameda Creek.
10.  Improve Fish Passage on San Francisquito Creek ($75,000, in partnership with San Mateo Resource Conservation District): Remove Bonde Weir and redesign the creek channel to re-open access to 40 miles of upstream spawning habitat for steelhead.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Water Quality Action Plan for San Francisco Bay Delta

The U.S. Environmental Protection Agency has released an Action Plan that proposes seven measures for improving water quality, restoring aquatic habitat, and improving the management of the San Francisco Bay Delta Estuary. The release of the Action Plan follows the agency’s analysis concluding that existing federal and state water quality programs are not adequately safeguarding the ecosystem. The Action Plan responds to findings and recommendations made following EPA’s Advance Notice of Proposed Rulemaking in 2011 that sought public input on the effectiveness of existing federal and state water quality protection programs.

The Action Plan prioritizes the following seven actions to be pursued in partnership with the State Water Resources Control Board, the Regional Water Boards for the Central Valley and San Francisco Bay, the California Department of Pesticide Regulation, and numerous other state and federal agencies:

1. By 2013, propose a standard for selenium discharges from cities, farms, and oil refineries;
2. By 2013, achieve organophosphate pesticide water quality goals in Sacramento County urban streams;
3. By 2014, set new estuarine habitat standards, including salinity, to improve conditions for aquatic life;
4. By 2017 establish a monitoring and assessment program for water quality in the Delta;
5. Ensure that EPA’s pesticide regulation program more fully considers the effects that pesticides have on aquatic life;
6. Restore and rebuild wetlands and floodplains to sequester drinking water contaminants, methylmercury, and greenhouse gases and make the Delta more resilient to floods, earthquakes, and climate change;
7. Support the development and implementation of the Bay Delta Conservation Plan.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Draft California Industrial General Permit Summary

In July 16, 2012, the California State Water Resources Control Board (State Water Board) published its third draft of its proposed “General Permit For Storm Water Discharges Associated With Industrial Activities, NPDES No. CAS000001” or “IGP”. This permit covers stormwater discharges from certain types of industrial and “industrial-like” operations that are required to have a stormwater discharge NPDES permit. NPDES permits, including general permits, are typically reissued on a 5- year cycle. However, the current IGP has been in effect since 1997.

The proposed permit includes numerous significant changes to the compliance requirements in California. These changes are in response to new Federal requirements for industrial stormwater discharges (most notably the 2008 EPA Multisector General Permit, or MSGP), changes recommended by State Water Board staff, recommendations from a “blue ribbon panel of experts” convened in 2005-2006, and several court actions.

Read a Regulatory Briefing on the Draft California Industrial Permit

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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Phase Out of Vapor Recovery Systems At Gas Stations

The U.S. Environmental Protection Agency (EPA) has determined that the systems used at gas station pumps to capture gasoline vapors while refueling cars can be phased out. Modern vehicles are equipped to capture those emissions. This final rule is part of initiatives to ensure that regulations protect public health and the environment without being unnecessarily burdensome.

Beginning later this year, states may begin the process of phasing out vapor recovery systems at the pump since approximately 70% of all vehicles are equipped with on-board systems that capture these vapors. This final rule will ensure that air quality and public health are protected while potentially saving the approximately 31,000 affected gas stations located in mostly urban areas more than $3,000 each year when fully implemented.

Since 1994, gas stations in areas that do not meet certain air quality standards have been required to use gasoline vapor recovery systems. The systems capture fumes that escape from gasoline tanks during refueling. However, as required by the Clean Air Act, automobile manufacturers began installing onboard refueling vapor recovery (ORVR) technologies in 1998, making gas stations’ systems increasingly redundant. Since 2006, all new automobiles and light trucks (pickups, vans and SUVs) are equipped with ORVR systems.

The final rule responds to public comments on EPA’s July 2011 proposal, and will take effect upon publication in the Federal Register.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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California Coastal No Discharge Zone Approved

U.S. EPA has approved a California state proposal to ban all sewage discharges from large cruise ships and most other large ocean-going ships to state marine waters along California’s 1,624 mile coast from Mexico to Oregon and surrounding major islands. The action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.

California Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.

Under the Clean Water Act, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.

In contrast to prior no-discharge zones under the Clean Water Act, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels. Consistent with the State’s request , the new prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.

In addition to the discharge prohibition, other vessel sewage discharges will continue to be regulated under existing Clean Water Act requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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California Department of Toxic Substances Control - EPA Agreement

The California Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency have signed a formal agreement which outlines principles by which DTSC and EPA will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the level of effort required for consumers and businesses to identify the components of the products.

This agreement will allow DTSC and U.S. EPA to minimize duplication of effort and promote consistency in their assessment methodologies. The agreement also creates a partnership between the two agencies and sets up a framework to collaborate on Green Chemistry issues related to California’s “Green Chemistry” program. The U.S. EPA’s Green Chemistry Program supports fundamental research in the area of environmentally benign chemistry as well as a variety of educational activities, international activities, conferences and meetings, and tool development, all through voluntary partnerships with academia, industry, other government agencies and non-government organizations.

DTSC’s informal draft Safer Consumer Products Regulations, scheduled to be finalized in 2012, will require manufacturers of selected products sold in California to identify safer alternatives to a potential range of 3,000 chemicals known to be harmful to public health and the environment. DTSC expects to release its draft Safer Consumer Products Regulations in early 2012 for public comment. The Regulations are a key element of California’s Green Chemistry Initiative signed into law in 2008.

Caltha LLP provides expert environmental consultant services in California to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website