California Environmental Law & Policy Update - October 2016 #3

Allen Matkins
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Environmental and Policy Focus

Federal report recommends gas-storage safety changes

OC Register - Oct 18 A task force commissioned by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a report recommending adoption of rules intended to ensure the safety of the nation's underground natural gas storage facilities. The report recommends that operators of gas-storage sites conduct strict risk assessments and develop robust safety procedures, including ensuring that storage wells have backup systems to contain gas flows in the event of a leak. The report comes a year after a blowout at the Aliso Canyon natural gas well near Los Angeles. The head of the PHMSA, Marie-Therese Dominguez, said that the agency expects to announce interim federal rules for natural gas storage operations by the end of the year. The rules would apply to the nation’s 400 underground natural gas storage sites, scattered among 30 states, including California. Currently there are no federal regulations on gas storage, and regulations are left to states and local jurisdictions.

State Water Board considers overhaul of Sacramento River management

Sacramento Bee - Oct 19 Signaling a cutback in water supplies for farming and cities, the State Water Resources Control Board on Wednesday issued a new scientific analysis that proposes overhauling the management of the Sacramento River and devoting more of the river’s flow to Northern California’s dwindling fish populations. The agency is analyzing the impact of allowing from 35 percent to 75 percent of the flows from the Sacramento River watershed to wash out to sea. Currently about half of the flow from the Sacramento River and its tributaries, including the American and Feather rivers, is allowed to flow unimpeded to the ocean for the benefit of fish. Water Board Chairwoman Felicia Marcus said her agency wants various groups to submit comments before it makes a decision sometime next year.

State and federal health officials studying contaminated Riverside property

Press-Enterprise - Oct 18 The federal Agency for Toxic Substances and Disease Registry announced last week it will advise the California Department of Public Health on an inquiry into a roughly 60-acre contaminated parcel in Riverside known as “ag park,” several years after residents began raising health concerns. The property was once part of Camp Anza, a World War II troop staging area. For more than 20 years, it was the site of a sewage treatment plant, which closed in 1965. Investigation of a 2003 sewage spill led to the discovery that the land was contaminated with polychlorinated biphenyls (PCBs), a known carcinogen. The agency said the health analysis would begin after state environmental regulators finish testing homes near the contaminated site. 

Plan getting underway to solve Borrego's water crisis

San Diego Union-Tribune - Oct 17 San Diego County is expected this week to enter into an agreement with the Borrego Water District to begin joint preparation of a Groundwater Sustainability Plan aimed at addressing the continuing depletion of the underground water table that feeds the Borrego Valley, including the desert town of Borrego Springs. The town, home to about 3,000 permanent residents, relies completely on an underground aquifer that on average is replenished by nature each year with about 1.8 billion gallons. The amount of water pumped out of the aquifer each year is far greater, most recently, 6.1 billion gallons annually, with citrus and palm farms consuming roughly 70 to 80 percent of the water. Experts say that unless at least half of the farms stop production, it is unlikely the aquifer will ever reach stability, regardless of conservation measures that may be taken elsewhere.

New warnings about risk of major flooding on L.A. River amid new development, revitalization

Los Angeles Times - Oct 17 A new U.S. Army Corps of Engineers report has found that the Los Angeles River, which for much of the year amounts to just a trickle, could flood more than 3,000 parcels north of downtown Los Angeles in the event of a 100-year storm. Previously, officials had estimated that only 870 parcels could be flooded in such an event. According to city engineers, these findings could result in adoption of new development requirements, such as rules requiring developers to build first floors of new structures at a higher elevation for properties within the flood zone. The Army Corps released its study as the city pushes ahead with a plan for removing the concrete channels of the river and restoring natural plant life. The restoration project, which is expected to take 30 to 50 years, would introduce the most dramatic changes to the river since it was lined with concrete as part of a larger flood control initiative in the middle of the 20th century.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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