Summary of requested changes to DOGGR Discussion Draft. Formatted for DOGGR workshop reference.
Based off of 2/22/13 CAfrack letter to DOC
Section I – Provisions for Pre-Fracturing Well Testing
- Require groundwater testing prior to any well stimulation operations to establish baseline water quality.
- Require that operators determine the depths/conditions/composition of groundwater, and establish limits for anti-degradation.
Section II – Advance Notification
- An affirmative review/approval process requiring a finding of no harm to public health and safety, natural resources, and environmental quality prior to fracking.
- At least 60-day advanced prior notice to the public and actual written notice to nearby landowners and water users and providers.
- Disclosure and approval of sources and volumes of water used in fracking and disposition, volume, and composition of wastewater, including flowback and produced water associated with well stimulation operations.
- Advance public disclosure of chemicals which will be brought to a frack site to be injected, and reporting of chemicals actually used for the frack job.
- Requirements to prepare detailed Injury and Illness Prevention Programs to protect workers’ health and safety.
Section III – Monitoring During and After Fracturing Operations
- Groundwater testing performed subsequent to all drilling and well stimulation.
- Air quality protections, including monitoring, containment, and limits on volatile organic compounds (VOCs), air toxics and greenhouse gas emissions.
- Green completions must be placed on all wells to prevent any flaring or venting of greenhouse gases.
- Monitoring to establish baseline ground movement and seismic activity and post fracturing seismicity in the surrounding area.
- Addition of the injection of unique tracers in every well field to facilitate ground water monitoring and tracing of any leaks.
Section IV – Disclosure of Materials Used in Fracturing Fluid
- Public disclosure be posted on a state-run website, instead of a nationwide, industry-backed site such as FracFocus.
- Disclosure should happen beforehand, as well as after fracking.
Section V – Trade Secrets
- Elimination of trade secret protections for the volumes and identities of chemicals injected into the ground.
Section VI – Storage and Handling of Hydraulic Fracturing Fluids
- Limits on the use and injection of dangerous chemicals including a prohibition on the injection of diesel, BTEX, and other hydrocarbons.
Section VII – Other Topics Not Presently Considered in Discussion Draft
- Need for moratorium until we know that fracking is safe.
- Need for independent scientific study before proceeding with more fracking and development of regulations.
- These regs do not answer any of the questions of whether or not fracking is safe for California.
- The Department must close the Halliburton loophole, which exempts the injection of fracking fluids from the federal Safe Drinking Water Act’s underground injection control (“UIC”) program. The Department should draft regulations equivalent to the federal UIC safeguards to close this loophole.
- Well stimulation cannot be removed from the Underground Injection Control (UIC) program without prohibiting use of diesel or creating parallel rules for fracking with diesel or other hydrocarbons.
- Prohibition on fracking confidential/exploratory wells.
- Prohibition on fracking in or around sensitive areas including, but not limited to, the Pacific Ocean (offshore oil platforms), coastal estuaries, near residential areas, sensitive receptors (hospitals, schools, daycare facilities, elderly housing and convalescent facilities), sensitive ecosystems, wetlands, critical watersheds and groundwater recharge areas.
- Expansion of definition of “protected water” to include waters of all beneficial uses consistent with the Clean Water Act, Safe Drinking Water Act, and Porter-Cologne Act.
- Regulations must address other well stimulation and completion techniques, such as acid matrix and steam fracking if the regulations intend to remove such operations from UIC.