At the end of last month, Gov. Gavin Newsom signed new legislation to end special treatment for oil and gas companies seeking to develop facilities along the California coast while simultaneously bolstering offshore wind development efforts.Senate Bill 704, introduced by state Sen. Dave Min (D-Irvine), removes a 1970s-era loophole – the “industrial override” provision of the California Coastal Act – that allows oil and gas companies to develop facilities in the coastal zone, including new or expanded refineries and petrochemical plants, without having to comply with state resource protection policies, as long as certain requirements are met.What exactly does this mean for Humboldt?Humboldt Bay has approximately 1,200 acres zoned for Coastal-Dependent Industrial uses — meaning, any industry built in those areas must be somehow dependent on the sea. Planning for CDI uses was done in the 1970s, when demand for land to accommodate sea-dependent businesses was much higher than it is now. The Humboldt Bay Area Plan, a component of the county’s Local Coastal Program, includes marine oil terminals and offshore oil service or supply bases as “principal uses allowed” on CDI lands.SB 704 prohibits “new or expanded oil and gas development from being considered a Coastal-Dependent Industrial facility,” and would only permit those developments if they are determined to be “consistent with all applicable provisions of the act,” according to the text of the bill. Under SB 704, new or expanded oil and gas facilities will have to comply with policies outlined in Chapter 3 of the Coastal Act to be permitted, in line with “virtually all other coastal development.”The new law would make it very, very difficult for oil and gas developers to build such facilities around Humboldt Bay, Jennifer Kalt, executive director of the Humboldt Waterkeeper, formerly the Humboldt Baykeeper, told the Outpost.“If the federal government wanted to sell oil or gas leases here, we could much more easily block any kind of support facilities [that would be built] around Humboldt Bay or on the Samoa Peninsula now that this law has been signed,” Kalt said. “This is a huge milestone.”Conversely, SB 704 encourages port development that contributes to offshore wind energy deployment.Read more about the ‘Milestone’ Legislation Ending Exemptions for Coastal Oil and Gas Development
Press release from Senator McGuire’s Office:Senate President Designee Mike McGuire’s groundbreaking legislation to expedite offshore wind development to help meet the Golden State’s long-term electricity demand and nation-leading climate goals has been signed into law by Governor Newsom.SB 286 – the Offshore Wind Expediting Act – will accelerate the offshore wind permitting process through the State Coastal Commission and State Lands Commission. At the same time, it will ensure environmental safeguards will remain in place, California’s storied fishing fleet interests are protected, and will advance resources that benefit communities and develop family-sustaining jobs through career training programs.SB 286 requires the Coastal Commission to bring the California Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives from the commercial fishing industry, representatives from the offshore wind industry, federal agencies, labor, Native American tribes and other community leaders together over the next two years. This working group will create a statewide standard to ensure offshore wind development is expedited and will develop data-driven strategies to avoid and minimize impacts to ocean fisheries and to the maximum extent possible, mitigate for unavoidable impacts.Read the entire press release
Organizations voices concerns about timeline to meet requirements for treatment
The regional water board approved a permit for the Elk River Wastewater Treatment facility unanimously at a board meeting Thursday, but some environmental groups still had concerns. Local activists asked for more measurement locations for effluent discharged into Humboldt Bay and for the facility to meet regulatory requirements sooner, but the North Coast Regional Water Quality Control Board did not take these requests, while still requiring some environmental changes for the facility.“Surfrider is incredibly concerned that the compliance schedule described in the staff presentation, which allows the city a shocking 20 years to stop unsafe practices, will result in continually and unnecessarily degraded water quality,“ Northern California region manager for Surfrider Foundation, Sarah Griffin, said during public comment, noting the organization had a petition with 161 signatures in support of her comments.The plant releases the treated wastewater into Humboldt Bay near the Coast Guard station. A Eureka study from 2014 found that not all the effluent released leaves the bay, sparking a regulatory change the facility has been working on addressing for years. Part of the extra time given to the city, which according to the permit has to meet standards by 2042, involves delays on the regional water board’s part, according to Brian Gerving, Eureka’s public works director.Jennifer Kalt from Humboldt Baykeeper, now called Humboldt Waterkeeper, asked at the meeting for more sites to be measured, as only one site near the release area is monitored. Gerving argued other monitoring sites could pick up enterococcus contamination from other sources. The city was given two years to find labs for testing.Surfrider also said the plan should include ways to address sea level rise and noted the use of Humboldt Bay by people swimming and fishing.Read more about "Permit renewed for Elk River Wastewater Treatment Plant"
A permit for Nordic Aquafarms was unanimously approved by the North Coast Regional Water Quality Control Board, with some amendments, in a meeting Thursday in Eureka. This permit, surrounding wastewater discharge of the project, is one of the requirements the project needs to meet to build a fish farm project on the abandoned pump mill site in Samoa.There was some back and forth between staff and the board — board members were hesitant to approve the permit, noting a lack of data and concerns brought up during public comment. Chair Hector Bedolla began the discussion with a call to eschew politics and make decisions based on the available science.Multiple public commenters brought up the lack of a full antidegradation analysis that regulates water quality. Carla Avila-Martinez, from advocacy group Surfrider Humboldt, asked for the analysis to keep water quality high. Jennifer Kalt, executive director of Humboldt Waterkeeper, which was formerly known as Humboldt Baykeeper, noted the brown water from the days of the pulp mill showed her that the water discharged in the ocean outcrop can be washed back in the bay.“Our primary concern is related to the nutrient discharge into the ocean and potential impacts on beneficial uses,” said Kalt. She said that while Humboldt Waterkeeper appreciates the most recent changes, intake and effluent limitations aren’t quite to their liking. Regina Chichizola, executive director of Save California’s Salmon, who said the nutrient impacts need to be clearer also noted a similar point. Other concerns noted include socioeconomic factors, like the fishing of salmon, clams, and crabs, plus how the practices of those Indigenous to the area would be affected. Surfrider voiced concerns about the health of people swimming and surfing in the bay, which also sees treated effluent from the Elk River wastewater treatment plant.A number of changes were made to the permit after input by the board and the public. The work plan is subject to a 30-day public comment period. A mitigation plan is also to be submitted to the board.Read More
The U.S. Environmental Protection Agency penalized American Seafoods Company LLC of Seattle and the owners of its fish-processing vessels nearly $1 million for significant violations of the Clean Water Act committed while harvesting and processing fish in the Pacific Ocean off the Oregon and Washington coast.EPA cited the companies for hundreds of violations including discharging waste in the protected Heceta/Stonewall Banks complex along the Oregon coast, failure to monitor its discharges and missing or inaccurate information in required annual reports.Discharge of seafood processing waste in prohibited areas and within the 100-meter depth contour of Washington and Oregon exacerbates already existing low-oxygen conditions which negatively impact most fishes, crabs and other marine life.EPA evaluated the compliance of the Oregon and Washington seafood processing industry and found that American Seafoods Company and the owners of its vessels stood apart from the other Oregon and Washington offshore fish processors in the number and severity of violations. The vessels are the American Dynasty, American Triumph, Northern Eagle, Northern Jaeger and Ocean Rover.In an Administrative Order on Consent effective Aug. 17, EPA requires the companies to conduct corporate-wide, systemic improvements to ensure compliance with its permits. In separate Consent Agreements, EPA also requires the companies pay $999,000 in penalties.“In amassing hundreds of violations from illegal discharges to sloppy and even non-existent record-keeping American Seafoods Company demonstrated a clear disregard for the fragile and valuable resources that sustain its business,” said Ed Kowalski, Director of EPA’s Enforcement and Compliance Assurance Division in Seattle. “When issuing a permit, EPA confers to the permit holder the responsibility to protect our nation’s resources. We expect the company-wide, systematic overhaul of its operations will re-focus American Seafoods Company on the true value of its permit, the importance of tracking compliance with the permit, and the resources that permit entrusts it with protecting.”Read More
