Well Stimulation Treatment (WST) Permitting Phase-Out

2024081395

California Department of Conservation (DOC)

NOE - Notice of Exemption

8/30/2024

8/30/2024

Jan Perez

Department of Conservation, Geologic Energy Management Division

Senior Environmental Scientist

Lead/Public Agency

715 P Street, MS 1803
Sacramento, CA 95814

(916) 445-9686

jan.perez@conservation.ca.gov

Statewide

Categorical Exemption

14 CCR §§ 15307, 15308):

Categorical Exemptions: Class 7 (Actions taken by Regulatory Agencies for Protection of Natural Resources) and Class 8 (Actions taken by Regulatory Agencies for Protection of the Environment). Class 7 consists of “actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption.” (Cal. Code Regs., tit. 14, § 15307.) Class 8 consists of “actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.” (Cal. Code Regs., tit. 14, § 15308.) The proposed Project consists of amending section 1780 of CalGEM’s oil and gas regulations to add subdivision (d), which would merely prohibit CalGEM from approving applications for permits to conduct well stimulation treatments after a date certain. The amendment would allow WST permits already issued when the regulation takes effect to remain valid until they expire or are otherwise inoperable by law. Accordingly, the proposed Project would result in a phased cessation of WST in California as existing WST permits expire. CalGEM proposes the Project to avoid the potential adverse environmental impacts that were identified and described in the Senate Bill (SB) 4 Final Environmental Impact Report (FEIR) and to otherwise protect natural resources, the environment, and public health consistent with the State Oil and Gas Supervisor’s legal authority (see Pub. Resources Code, §§ 3011, 3106). TheSB 4 FEIR was a statewide programmatic analysis of WST and determined that WST has the potential to cause significant and unavoidable impacts to aesthetics, air quality, biological resources (terrestrial environment), cultural resources, geology, soils and mineral resources, greenhouse gas emissions, land use and planning, risk of upset/public and worker safety, and transportation and traffic. Based on the evidence in the record for the proposed Project, including the SB 4 FEIR, the benefits of phasing out WST in California support that the rulemaking would assure the maintenance, restoration, or enhancement, or protection of natural resources and the environment throughout the State. The rulemaking would avoid significant environmental impacts to the environmental factors mentioned above, including air quality and biological resources. The rulemaking would implement the Supervisor’s authority and be consistent with the Governor’s longstanding policies and directives to reduce greenhouse gas emissions. The rulemaking would not require construction activities, nor would it relax standards allowing for environmental degradation. Rather, the rulemaking would avoid future environmental degradation.