Newsletter #46 Hear Ye! Hear Ye! Talking points for the Freeport Hearing Oct 22, 2014

TALKING POINTS

Here is the email address if anyone is unable to attend. planning@co.slo.ca.us Email it no later than Tuesday.

In the subject box
ATTENTION: HEARING OCT 22 AGENDA ITEM #14 FREEPORT MCMORAN.

The issue is:

“Arroyo Grande Oil fields Continued hearing to consider a request by FREEPORT-MCMORAN OIL & GAS for a Conditional Use Permit (CUP) to amend the previous CUP to extend the amount of time allowed to drill previously approved Phase IV oil wells (D010386D). This request would extend the current limit for an additional 3 years to install these previous approved wells (approximately 31 wells not yet installed). The project is located at 1821 Price Canyon Road (San Luis Obispo) on the east and west sides of Price Canyon Road, approximately 2.7 miles north of the City of Pismo Beach, in the South County planning area (San Luis Bay Inland sub area South). The Environmental Coordinator found that the previously certified Final Environmental Impact Report (FEIR) is adequate for the purposes of compliance with CEQA . CONTINUED FROM 9/10/2015.”

The points we need to make is that in fact the 10-year-old FEIR is NOT ADEQUATE. Personal experiences are always good too. Covers all the bases.

Some talking points. 1) We have them dead to rights on a flawed FEIR 10 years ago. 2) There was not a  emergency drought mandate in effect 10 years ago 3) Earthquakes were not considered 4) subsidence not mentioned. 5) Injecting billions of gallons of toxic waste into a protected aquifer is an ongoing illegal and unlawful activity in violation of the Safe Drinking Water Act.

1) The United States EPA called DOGGR’s handling of the Underground Injection Program ‘Shocking.” Translation. There wasn’t one. No Underground Injection Control program in place at the time of the FEIR 10 years ago. It would appear this whole operation is in violation of the Safe Drinking Water and an illegal operation. Deny it.

Wells must meet standards and spec for re injection of waste water set by the yet to be implemented UIC program. DOGGR screwed up but that does not diminish the fact that it is still illegal and unlawful.

Underground Injection Control program was not addressed in the 2004 FEIR and predates the Energy Policy of 2005 which means the FEIR for PXP was in violation of the Safe Drinking Water Act in 2004 and still is. http://www.latimes.com/…/la-me-lawmakers-grill-oil-regulato… Deny it.

All the wells currently in production are doing so in violation of the law. What should really be happening here is a cease and desist order. An immediate moratorium on all illegal drilling operations at the AGOF.

The 2004 FEIR predates the Energy Policy Act of 2005 and violates all the laws on Clean Air, Clean Water, Safe Drinking Water Act, Resources Conservation and Recovery Act, The National Environmental Policy Act and the Community Right to Know Act that were exempted by the unlawful “Halliburton Loophole”. So NO the old FEIR is not adequate. Yes it should be denied.

http://www.desmogblog.com/…/not-hundreds-thousands-oil-indu…

http://www.latimes.com/…/la-me-lawmakers-grill-oil-regulato…

http://www.latimes.com/…/la-me-oil-report-health-20151009-s…

Oil Regulators Permitted Underground Injection Wells Before Assessing Water Pollution Threats

http://www.biologicaldiversity.org/…/oil-waste-10-08-2015.h…

2) Earthquakes are a big deal and not addressed in the original EIR. Here are a couple of articles that could help educate the commissioners and Board members.

http://pubs.usgs.gov/fs/fs-096-03/

https://www.newscientist.com/…/dn28200-how-earthquakes-can…/

The California Council on Science and Technology’s EIR mandated by SB4 reported that the technology needed to accurately track, monitor, measure, subsurface activity to include earthquakes and re injected toxic waste water is at least 3 years down the road. Anything submitted about underground activity at this point in time is only a guessamation and does not qualify as accurate valid scientific data.

DOGGR relies entirely on data and reports on well and field operations from the operators. Self-regulating is how DOGGR works. For DOGGR to rely on information from an industry that has a history of violations, inadequate data and reporting procedures in no way satisfies DOGGR’s criteria to “prevent pollution, protect the environment and ensure public safety.”

DOGGR is understaffed and underfunded solely at the discretion of Governor Brown and he has made sure they cannot adequately perform their duties and prevent pollution and protect the environment. He just appointed an oiloyalists as the new executive director of DOGGR.
3) EIR report requires findings on subsistence. PXP’s FEIR does not address that issue. However, San Luis Obispo has a history of subsidence. Article below of 1987 case of subsidence in SLO.

http://grist.org/…/what-will-happen-to-a-sinking-californi…/

4) New DOGGR rules regulating and upgrading cement casings specs and waste disposal of toxic walnut shells and filters also absent from the outdated and outmoded EIR. Cement casings fail on average of 50% within the first year. New specs need to be enforced.

And just in case anyone is wondering who invented fracking, it was Halliburton as a way of getting rid of nuclear waste. So let us be clear here that when we are talking about re injecting toxic waste, enhanced and unconventional well stimulation that uses high-pressure steam injection of toxic waste underground we are talking fracking. http://www.wakingtimes.com/…/fracking-used-to-inject-nucle…/

And, this way of hiding toxic waste and avoiding scrutiny has worked for them for over 50 years. Time we wise up. It wasn’t safe then, it isn’t safe now and it will never be safe no matter how many exemptions they get.

5) California emergency drought mandates 25% cutback on non-essential water use. NASA reports California has 5 months of stored water left, that includes groundwater. San Luis Obispo County is under D4 restrictions. It is the highest Federal rating. We are hurting.

Freeport McMoRan’s non-essential water use will increase by 300% or over 1.5 billion gallons a year which also means an increase in their toxic waste disposal production which is going directly into a protected aquifer that is totally vulnerable to earthquakes and subsistence and any disturbance of the sub surface terrain could send billions of gallons of toxic waste water to undisclosed, unpredictable locations in an instant. Order the fields shut down.

The right to first refusal is still in our hands. We can refuse to allow the fossil fuel industry to force their exemptions and will on us by refusing to let them harvest our resources and use our precious water.

We have a different set of values and what is important to us is not important to them. So, No we will not waive our rights to clean air and water so they can dominate and capture our natural resources purely for their own personal enrichment.

NO is the new yes. At least 16 other countries, 3 other states, 5 counties and 13 municipalities in California have just said NO to fracking and won their freedom from all the deadly entrapment’s that are the Hallmark of the fossil fuel industry. YES.

This is the first in a series of hearings before the planning commission makes their final recommendation to deny or approve the whole, sorted, stinky, ugly, smelly, putrefied expansion to the Board of Supervisors.

Email response today. Please do it today or you will forget.

Always,
Jean’ne.

 

Lawmakers grill state oil regulators on oversight failures

latimes.com|By Los Angeles Times

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