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Kern County Draft EIR Comments Fractracker Alliance February 11, 2021 2351 Moody Ridge Road Alta, CA 95701 415-890-3722 [email protected]

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Kern County Draft EIR Comments Fractracker Alliance February 11, 2021 2351 Moody Ridge Road Alta, CA 95701 415-890-3722 Ferrar@Fractracker.Org Kern County Draft EIR Comments Fractracker Alliance February 11, 2021 2351 Moody Ridge Road Alta, CA 95701 415-890-3722 [email protected] To whom it may concern, These comments are submitted on behalf of the FracTracker Alliance, with strong support for revising the Draft Environmental Impact Report (EIR) to provide protections for Frontline Communities. The following submission of comments discusses the impact of extraction on air quality in Kern County and provides a thorough examinations of census data showing that existing oil and gas extraction is disproportionately located near vulnerable communities. Emissions from Kern County’s oil and gas extraction sector put Kern residents at elevated risk for a variety of health impacts including preterm birth, asthma incidence, ischemic stroke, myocardial infarction, and cancer. Kern County’s proposed Environmental Impact Report that would streamline the approval of 67,000 new oil and gas wells in the County will necessarily further degrade air quality. It is crucial that the EIR is instead revised to eliminate extraction near sensitive populations. The communities closest to extraction in Kern are most exposed to toxic and carcinogenic volatile organic compounds and other air toxics, in addition to the regional impacts of the highest concentrations of ozone and PM2.5 in the country. These communities deserve special public health protections to mitigate exposures. Additionally these Frontline Communities in Kern County are environmental justice (EJ) communities with lower incomes and higher proportions of non-white and Latino populations than areas of Kern without extraction operations. The analysis that follows directly contradicts the wholly incorrect and misleading EJ assessment conducted by Kern County and included in the draft EIR. Kern County Air Quality Ambient Levels The contribution of VOC’s from the well-sites in Kern, in addition to the cumulative burden of the Central Valley’s degraded air quality, puts Kern residents at considerable risk. While the local health department continues to report on the increased numbers of health air days, the truth is the mean, median and maximum values of ozone, PM2.5, and VOC concentrations at U.S. EPA monitoring locations in Kern County remained consistently constant at harmful levels from 2015-2019. Emissions documentation The city of Arvin is a prime example to show how some Frontline Communities in California are completely surrounded by an unrelenting barrage of carcinogenic and toxic air pollutants from oil and gas wells. In support of establishing new public health rules that protect Frontline Communities, Earthwork’s Community Empowerment Project, in collaboration with the Central California Environmental Justice Network and FracTracker Alliance, has focused on documenting the uncontrolled emissions from extraction sites within and surrounding the small city of Arvin, CA. Using infrared cameras with state of the art optical gas imaging (OGI) technology, the team documented major leaks at multiple well-sites. Footage from Arvin spans the years from 2016-2020. A collection of this footage has been compiled into the interactive story map found here: https:/storymaps.arcgis.com/stories/5e5f228c6f034814b510031850b32fe2. These cases of uncontrolled emissions in the story map provide just an example of the inventory of uncontrolled emissions sources not just in Arvin, but in Kern County at large. Finding and filming emissions sources while using OGI cameras in California is not at all uncommon, otherwise there would not be seven prime examples just in the City of Arvin. Prior to 2018, emissions from these well-sites went completely unregulated. Since then “small producers” are regulated for leaks under the California Oil and Gas Rule (COGR), specifically for methane. While COGR is limited to methane leaks, it effectively also regulates other VOC’s including BTEX compounds. Unfortunately, the enforcement of COGR has in practice exempted the largest source of emissions, pressure/vacuum hatches. Regulations Adequate regulations are not in place to allow more drilling near communities in Kern County. Loopholes in the California Air Resources Board’s oil and gas rule must be addressed immediately, and revised to prevent the cumulative impact of multiple exposure sources from causing additional documented negative health impacts. While the California oil and gas rule (COGR) was developed to address greenhouse gas emissions from small sources, certain aspects of the rule are not being enforced by the local air districts. Rather than requiring tanks to have closed evaporation systems the air districts allow operators to set pressure/vacuum hatches to open and emit toxic and carcinogenic vapors when pressure builds inside tanks. While this is a safety mechanism on tanks, in practice it allows tanks to be consistent sources of exposure that put neighboring communities at risk. Specifically, California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change, Article 4, § 95669, Leak Detection and Repair, Paragraph I states that “Hatches shall remain closed at all times except during sampling, adding process material, or attended maintenance operations.” 2020 Kern County Draft EIR Environmental Justice Assessment Critique The EJ analysis included in the 2020 Kern County Draft EIR (Chapter 7 pdf pp 1291-1305) uses the spatial bias of US census designated areas to generate false conclusions. The Draft EIR does this in two ways. First, the Draft EIR uses census tracts in the place of smaller census designated areas. The draft EIR states the county conducted, “an analysis of Kern County census tract five-year American Community Survey (ACS) demographic and poverty data for the period was conducted … and the five-year data is the most accurate form of ACS data, has the largest sample size, and is the only ACS data that covers tiny populations.” While this is arguably accurate about the five-year data depending how far you are from the decennial survey, the authors chose to analyze demographics using census tracts. Census tracts are much too large to assess impacts to Kern’s small cities. It is not clear why the authors would have chosen census tracts, rather than the higher resolution ‘census block groups’ ACS dataset, as both datasets are readily available from the US Census Bureau. Additionally, the draft EIR limits the sociodemographic analysis to only census tracts that contain PLSS QTR/QTRS’s ranked as Tier 1, so that it does not include neighboring communities in different census tracts in the demographical analysis. As discussed in the draft EIR, Tier 1 areas contain four or more operational wells in a tiny area. The draft EIR explicitly states that Tier 1 Qtr(s) do not contain schools or healthcare facilities. This trend is not limited to just the Qtr/Qtr sections. The census tracts containing the Tier 1 sections contain very few sensitive receptors, like schools and healthcare facilities. This is because census tracts and other census designated areas are drawn specifically to differentiate between urban and rural/industrial areas. Census tracts containing oil fields cover large rural areas, and intentionally avoid areas with any significant population density. This results in donuts and other strange shapes, where communities in much smaller census tracts (by area) are enveloped by large rural census tracts containing oil fields. As shown in the maps below, this eliminates all communities with any real population density from the draft EIR EJ analysis, even though they are the communities nearest to the oil fields. In the maps below, census tracts are compared to census block groups, to show the difference in size and nature of their spatial distribution. In most cases, census tracts encompassing populated areas are tiny, and limited to the urban boundaries of cities. In the cases of Shafter and Arvin, the residential census tracts are encircled by a different donut-shaped census tract, actually containing most of the operational wells and oil fields. While the census tracts of the Frontline Communities are within very short distances of operational oil and gas wells and major fields at large, these areas within the communities are not considered impacted in the Kern 2020 draft EIR EJ analysis. With Lost Hills, the city of Lost Hills is within the same census tract as the Lost Hills oil field and several other extensive oil fields. The city of Lost Hills is the closest community to oil extraction operations in the census tract, and the small city contains just over 50% of the total population within this massive census tract. But because of the sheer size of the census tract, demographics of this Frontline Community are diluted by the vast rural area of northwestern Kern County, which is higher income with demographics 10% less Latino. Figure 1. Arvin Census Designated Areas. The map shows the city of Arvin and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would be excluded in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tracts that make up the majority of the city of Arvin are enveloped on all four sides by one larger census tract that contains most oil and gas wells. Figure 2. Shafter Census Designated Areas. The map shows the city of Shafter and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tract containing the North Shafter oil field forms a donut around the city of Shafter. Figure 3. Lost Hills Census Designated Areas. The map shows the city of Lost Hills and includes both census tracts and census block groups for comparison.
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