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June 10, 2020 COMMENTS on the CALIFORNIA GEOLOGIC ENERGY

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June 10, 2020 COMMENTS on the CALIFORNIA GEOLOGIC ENERGY June 10, 2020 COMMENTS ON THE CALIFORNIA GEOLOGIC ENERGY MANAGEMENT DIVISION PUBLIC HEALTH NEAR OIL AND GAS RULEMAKING Submitted to: California Department of Geologic Energy Management Division Department of Conservation 801 K Street, MS 24-02 Sacramento, CA 95814 ATTN: Public Health Near Oil & Gas Rulemaking [email protected] Submitted by the following Last Chance Alliance Organizations: Center for Biological Diversity 350.org Alliance of Nurses for Healthy Environments Climate Hawks Vote The Climate Center Consumer Watchdog Earthjustice Earthworks Food and Water Action Friends of the Earth Greenpeace Mothers Out Front Rootskeeper San Diego 350 SoCal 350 Climate Action Sunflower Alliance Table of Contents Introduction and Summary .................................................................................................................. 4 Background ......................................................................................................................................... 7 Oil and Gas in California .................................................................................................................... 7 Rulemaking Background ................................................................................................................... 10 Health Impacts of Oil and Gas .......................................................................................................... 11 Air Pollution ...................................................................................................................................... 16 Water Contamination ........................................................................................................................ 16 Health Impacts of Climate Change ................................................................................................... 17 Explosions and other Catastrophic Hazards ...................................................................................... 18 Noise ................................................................................................................................................. 18 Principles of Health and Safety Regulations ..................................................................................... 19 Precautionary Principle ..................................................................................................................... 19 Accounting for Vulnerable Populations ............................................................................................ 19 Environmental Justice ....................................................................................................................... 20 Decisions Must Be Based on Science and the Experiences of Impacted Communities ................... 20 People Over Profits - Objection to Monetizing Health and Lives .................................................... 21 Recommended Regulations ............................................................................................................... 21 The Health and Safety Regulations Must Include a Setback Distance of at Least 2,500 Feet .......... 22 1. The Setback Should Apply to All Types of Oil and Gas Development .................................. 22 2. “Sensitive Receptor” Should Be Defined Broadly .................................................................. 22 3. The Setback Distance Should Be Measured in the Manner Most Protective to Sensitive Receptors .......................................................................................................................................... 22 4. Regulations Should Clarify that the State Setback Is the Minimum Distance Permitted ....... 22 Regulations Should Address the Dangers to Health and Safety Posed by Existing Operations ....... 23 1. Permits to Extend the Life of Wells Should Be Denied .......................................................... 23 2. Existing Operations Should Be Rapidly Phased Out .............................................................. 23 Other Protective Measures. ............................................................................................................... 24 1. Emergency Regulations Implementing a Health and Safety Setback ..................................... 24 2. Stop Issuing New Permits Statewide ...................................................................................... 24 3. Ban Fracking and Other Types of Extreme Extraction ........................................................... 25 4. Enhance Environmental and Safety Requirements ................................................................. 25 CalGEM’s Legal Authority to Implement Health and Safety Regulations ....................................... 25 A Health and Safety Buffer is Within CalGEM’s Authority ............................................................ 25 1. CalGEM May Deny Discretionary Permits ............................................................................ 26 Comments of Last Chance Alliance Organizations on CalGEM Public Health Near Oil and Gas Rulemaking June 10, 2020 2 2. CalGEM May Phase Out Existing Operations Within the Buffer .......................................... 27 3. Oil Industry Arguments Are Erroneous .................................................................................. 28 Other Health and Safety Regulations Are also within CalGEM’s Authority. .................................. 32 Note on Exhibits Submitted .............................................................................................................. 33 Conclusion ........................................................................................................................................ 33 Appendix A: Air Pollution .......................................................................................................................... 35 Appendix B: Water Degradation ................................................................................................................. 40 Appendix C: Climate Change Health Impacts ............................................................................................ 44 Appendix D: Oil Production in California Induces Oil Consumption ........................................................ 47 Appendix E: List of Exhibits Submitted ..................................................................................................... 51 Comments of Last Chance Alliance Organizations on CalGEM Public Health Near Oil and Gas Rulemaking June 10, 2020 3 Introduction and Summary The undersigned organizations respectfully submit these comments regarding the California Geologic Energy Management Division’s (CalGEM) forthcoming health and safety regulations addressing the harms from oil and gas activity. Our organizations are members of the Last Chance Alliance, formed to address the ongoing climate, health, and environmental justice emergency caused by the oil and gas industry in California. Last Chance Alliance members are environmental, health, justice, faith, labor, community, parent, and consumer organizations calling on California’s elected leaders to stop new fossil fuel development, phase out existing oil and gas production through a just transition, and immediately implement a health and safety buffer zone between oil and gas activities and where people live, work, and go to school. These comments supplement the June 10, 2020 comment letter filed by organizations with Voices in Solidarity against Oil in Neighborhoods (VISIÓN), which we support and incorporate by reference. California’s oil and gas production pollutes the air we breathe with known cancer-causing chemicals like benzene, formaldehyde, and cadmium1; ozone-forming chemicals like nitrogen oxides, volatile organic compounds, and methane2; and particulate matter including diesel exhaust and silica dust that cause lung and heart problems.3 Research has found that people living near drilling sites have a higher risk for developing cancer4 increased asthma attacks,5 higher hospitalization rates,6 and more upper respiratory problems and rashes.7 Among pregnant women, living closer to drilling sites is associated with a 1 California Council on Science Technology, An Independent Scientific Assessment of Well Stimulation in California Volume II: Potential Environmental Impacts of Hydraulic Fracturing and Acid Stimulation (July 2015) (“CCST Study”) at 409-410, available at https://ccst.us/reports/an-independent-scientific-assessment-of-well- stimulation-in-california-volume-2/. 2 Id. at 186. 3 Id. at 46, 187. 4 McKenzie, Lisa M. et al., Ambient nonmethane hydrocarbon levels along Colorado’s Northern Front Range: Acute and chronic health risks, 52 Environmental Science and Technology 4514 (2018). 5 Rasmussen, Sara G. et al., Association Between Unconventional Natural Gas Development in the Marcellus Shale and Asthma Exacerbations, 176 JAMA Internal Medicine 9 (2016). 6 Jemielita, Thomas et al., Unconventional Gas and Oil Drilling Is Associated with Increased Hospital Utilization Rates, 10 PLoS ONE 8: e0137371 (2015). 7 Rabinowitz, Peter M. et al., Proximity to Natural Gas Wells and Reported Health Status: Results of a Household Survey in Washington County, Pennsylvania, 123 Environmental Health Perspectives 1 (2015). Comments of Last Chance Alliance Organizations on CalGEM Public Health Near Oil and Gas Rulemaking June 10, 2020 4 higher risk of having babies with birth defects,8 premature births and high-risk pregnancies,9
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