Santa Maria City Council
March 5, 2024

The City's Approval of the Project:

On May 22, 2017, the City issue a notice of preparation for the Project. On September 20, 2018, the City released a 600-page Draft EIR (DEIR) for the Project. (AR 4086-4087, 1321.) The City issued the Final EIR3 on April 12, 2019. (AR 4087.) The City conducted a public hearing on the EIR in May 2019. (AR 5-156, 4410-11.) Thereafter, on June 3, 2019, the City's Advisory Agency, certified the EIR, adopted the CEQA findings and a mitigation, monitoring and reporting program (MMRP}, and approved the Project.4 (AR 5-156, 4410-11.) Two entities appealed the Advisory Agency's decision on June 13, 2019.5 (AR 6715, 6869.) The appeals raised concerns about the Project's construction noise and air quality impacts. (AR 3574-77, 6869-80.} The City Planning Commission (CPC) heard and denied the appeals on August 26, 2019. The CPC certified the EIR and affirmed the Advisory Agency's Project approval. (AR 157-312, 4412-4420, 4425-4427, 4429-4531.)
On September 5, 2019, Petitioner appealed the CPC's decision. (AR 8457-8464.) On October 29, 2019, after holding another public hearing, the City's Planning and Land Use Management Committee voted unanimously to recommend that the full City Council deny the appeals and approve the Project. (AR 440-445, 4543-4547, 4548- 4602.) At a public meeting on November 12, 2019, the City Council voted unanimously to deny the appeals and approve the Project. (AR 709-710, 4603-4623.)
The writ petition ensued.

STANDARD OF REVIEW
In reviewing an agency's compliance with CEQA during the course of its legislative or quasilegislative actions, the trial court's inquiry during a mandamus proceeding" 'shall extend only to whether there was a prejudicial abuse of discretion,' " which is established " 'if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.' " (Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, 426 [citing Pub. Resources Code§ 21168.5).) "In evaluating an EIR for CEQA compliance, ... a reviewing court must adjust its scrutiny to the nature of the alleged defect, depending on whether the claim is predominantly one of improper procedure or a dispute over the facts." (Id. at 435.)
3 The court refers to the Final EIR herein as the EIR. The court designates any specific references to the Draft EIR as DEIR herein.
4 The Advisory Agency also approved the tract map on June 3, 2019. (AR 4299.) The City issued three errata to the EIR during the administrative review process: Erratum No. 1 on July 26, 2019; Erratum No. 2 on August 7, 2019; and Erratum No. 3 on October 18, 2019. (AR 4326.) 5 American Florists Exchange, Ltd. and the Coalition for Responsible Equitable Economic Development appealed the Advisory Agency's decision.

CEQA requires an EIR to "be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences." (Guidelines6 § 15151; Sierra Club v. County of Fresno (Friant Ranch) (2018) 6 Cal.5th 502, 516.) "An EIR's designation of a particular environmental effect as 'significant' does not excuse the El R's failure to reasonably describe the nature and magnitude of the adverse effect." (Id. at 514.) "[TI here must be a disclosure of the 'analytic route the ... agency traveled from evidence to action.' " (laurel Heights Improvement Assn. v.

Regents of the University of California (1988) 47 Cal.3d 376, 404.) "[A] conclusory discussion of an environmental impact that an EIR deems significant can be determined by a court to be inadequate as an informational document without reference to substantial evidence." (Friant Ranch, supra, 6 Cal.5th at 514.) If the deficiencies in an EIR preclude "informed decisionmaking and public participation, the goals of CEQA are thwarted and a prejudicial abuse of discretion has occurred." (Save Our Peninsula Committee v. Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99, 128.)
"Where the alleged defect is that the agency has failed to proceed in the r:nanner required by law, the court determines de novo whether the agency has employed the correct procedures, scrupulously enforcing all legislatively mandated requirements." ( Chico Advocates for a Responsible Economy v. City of Chico (2019) 40 Cal.App.5th 839, 845.) With respect to "alt substantial evidence challenges, an appellant challenging an EIR for insufficient evidence must lay out the evidence favorable to the other side and show why it is lacking. Failure to do so is fatal. A reviewing court will not independently review the record to make up for appellant's failure to carry his burden." (Defend the Bay v. City of Irvine (2004) 119 cal.App.4th 1261, 1266.) Moreover, "the reviewing court 'may not set aside an agency's approval of an EIR on the ground that an opposite conclusion would have been equally or more reasonable,' for, on factual questions, our task 'is not to weigh conflicting evidence and determine who has the better argument.' " (Vineyard Area Citizens for Responsible Growth Inc. v. City of Rancho Cordova, supra, 40 Cal.4th at 435.)
"Regardless of what is alleged, an EIR approved by a governmental agency is presumed legally adequate, and the party challenging the EIR has the burden of showing otherwise." (Chico Advocates for a Responsible Economy v. City of Chico, supra, 40 Cal.App.5th at 846.) Ill
Ill
6 The CEQA Guidelines are found at Title 14 Cal. Code Regs §§ 15000 et seq.

ANALYSIS
Petitioner contends the EIR analysis of the Project's environmental impacts is flawed as to greenhouse gas (GHG) emissions, air quality and noise. The court addresses the claims in turn.

GHG Impacts:

Petitioner claims the City's analysis under the "first significance threshold"7 does not comply with CEQA. Petitioner's arguments arise in three general categories that are all related in some way to the City's selection of a significance threshold for GHG impacts. First, Petitioner contends the EIR's GHG analysis is inaccurate, confusing and misleading. Second, Petitioner asserts the City selected an inappropriate significance threshold. Third, Petitioner argues the EIR fails as an informal document for decisionmakers and informed public participation because it omits any analysis of Senate Bill (SB) 32 codified at Health and Safety Code section 38566.

Guidelines section 15064.4, subdivision (a) provides: "A lead agency shall have discretion to determine, in the context of a particular project, whether to: (1) Quantify greenhouse gas emissions resulting from a project; and/or (2) Rely on a qualitative analysis or performance based standards." Thus, under the Guidelines, the City had the option of selecting a quantitative or qualitative significance threshold for GHG emissions "based to the extent possible on scientific and factual data." (Guidelines§ 15064, subd. (b).) Further, "California's CEQA Guidelines ... recognize that an agency's adoption of a threshold of significance requires an exercise of reasoned judgment." (Mission Bay Alliance v. Office of Community Investment & Infrastructure (2016) 6 Cal.App.5th 160, 206.) A city's choice of a significance threshold "will be upheld if founded on substantial evidence." (Ibid.) First, Petitioner argues the City's "discussion of the GHG significance thresholds violates CEQA" because "it is inaccurate and confusing." (Reply 5:33 [emphasis added].) The court disagrees. A reasonable reading of the EIR and the City's selection of a significance threshold does not support Petitioner's claim.

The City explained because the California Air Resources Board (CARB), the South Coast Air Quality Management District (SCAQMD) and the City "have yet to adopt project-level significance thresholds for GHG emissions that would be applicable to the Project," the City obtained its primary direction for GHG emissions analysis from the Guidelines. (AR 917.) The City reported a project could have a significant environmental impact if the project generated GHG emissions that may have a significant impact on the environment, or if the project would conflict with "an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions" of GHG. (AR 14:917.) After a straight-forward plain language discussion in plain in 7 Petitioner contends the City has relied upon two significance thresholds for GHG emissions. As discussed herein, the court disagrees. The EIR provides a single threshold of significance for GHG emissions.

the EIR concerning the selection of significance thresholds, the City reported "the Project would not have a significant effect on the environment if it is found to be consistent with the applicable regulatory plans and policies to reduce GHG emissions." (AR 920.) The City thereafter set forth the applicable plans and policies for which it considered consistency in the context of GHG emissions. (AR 14:920.) The EIR methodically discusses the Project and the applicable plans and policies. Petitioner has not demonstrated the EIR's significance threshold discussion would mislead or confuse decisionmakers or public participants.

Second, without expressly so stating, much of Petitioner's argument related to GHG emissions theorizes the City abused its discretion in deciding not to use a quantitative threshold of significance for the Project. Petitioner contends the SCAQMD quantitative thresholds of significance should have been used for the Project as they are "the most appropriate ... to apply because the Project is a mixed-use project." (Opening Brief 14:17-18.) Petitioner thus contends the City engaged in "threshold shopping" for the Project. Petitioner speculates the City uses the SCAQMD's recommended thresholds of significance "to analyze projects where emissions are below the threshold." (Opening Brief 14:32-35.) Petitioner cites three such projects in the City's downtown area where the City used SCAQMD's thresholds of significance to find a project's GHG emissions had less than significant impacts. (AR 6495-6496.) The City explained it elected not to rely on SCAQMD's 2008 draft guidance (as revised in 2010) because neither the City nor SCAQMD "has adopted numeric thresholds for greenhouse gas emissions for land use development projects (e.g., residential/commercial projects) such as the Project." (AR 2820.) The City elaborated:

As further explained in the Draft EIR, in 2008, the SCAQMD convened a GHG CEQA Significance Threshold Working Group to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents. In December 2008, the SCAQMD Governing Board adopted interim GHG significance thresholds for projects where the SCAQMD is the lead agency. That threshold uses a tiered approach to determine a project's significance, with 10,000 metric tons of CO2 equivalent (MTCO2e) per year as a screening numerical threshold for stationary sources. In September 2010, the Working Group released additional revisions that recommended a screening threshold of 3,500 MTCO2e for residential projects, 1,400 MTCO2e for commercial projects, and 3,000 MTCO2e for mixed use projects. The SCAQMD has not since adopted those thresholds, nor has the SCAQMD provided a timeline for formal consideration of those thresholds.

In the meantime, the thresholds in the SCAQMD's guidance document are used as a non-binding guide. A lead agency is not required under CEQA to rely on draft regulatory standards that have not been adopted as significance thresholds. (AR 2820-2821.)

While the City may have chosen to use the SCAQMD's guidance as thresholds of significance (as it apparently has done with at least three other projects) in the past, the City was not required to do so. (Guidelines§ 15064.7, subd. (c). See also Guidelines§ 15064.4, subd. (b)(3).) The Guidelines do "not mandate the use of absolute numerical thresholds to measure the significance of greenhouse gas emissions." (Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 221.) Accordingly, Petitioner has not met its burden of demonstrating the City's selection of the significance threshold is not supported by substantial evidence.

Third, Petitioner contends the EIR's GHG emissions analysis is inconsistent with SB 32. That is, Petitioner attacks the City's finding the Project is "consisten[t] with the policies in SB 32 and Executive Order B-30-15, which includes the GHG reduction goals codified in SB 32." (Opposition Brief 17:2-3.) Petitioner contends "[t]he EIR includes compliance with Executive Order B-30-15 on the list of measures it must comply with for the Project's GHG emissions to be considered insignificant ... and the Project does not comply with that executive order." (Reply 8:22-25.) Petitioner is correct to the extent there is no substantial evidence to support the City's position on Executive Order (EO) B-30-15.

As an initial matter, the City and Flower Growers argue Petitioner failed to exhaust its administrative remedies on the issue of "CARB's 2017 Scoping Plan, which provides strategies to achieve the 2040 GHG emission goals set in SB 32." (Opposition Brief 17:12-14.) The court disagrees. The broader issue of overall compliance with SB 32-however that might be achieved-was squarely presented to the City during the administrative proceedings.

SWAPE8 specifically raised the issue of SB 32 in its written comments to the DEIR. (AR 2900, 2922.) SWAPE wrote:

AB 32 requires California to reduce GHG emissions to 1990 levels by 2020.

However, in September 2016, prior to the release of the IS/MND, Governor Brown signed Senate Bill 32, enacting Health and Safety Code § 38566. [] This statue ("SB 32") requires California to achieve a new, more aggressive 40% reduction in GHG emissions over the 1990 levels by 2030. 'This 40 percent reduction is widely acknowledged as a necessary interim target to ensure that California meets its longer-range goal of reducing greenhouse gas emissions to 80 percent below 1990 levels by the year 2050.' Therefore, by failing to demonstrate consistency with the reduction targets set forth by SB 32, the Project may conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. As a result, the Project may have a potentially significant impact that was not previously addressed in the DEIR, and as such, a revised EIR should be prepared. (AR 2922.)
8 SWAPE is an acronym for Soil Water Air Protection Enterprises. SWAPE provides technical consultation, data analysis, and litigation support for the environment. (AR 2927.)

SWAPE also advised the City-with expert opinion-"to reach the statewide goal of 259 MTCOie, California would have to reduce its emissions by 49 percent below the 'business-asusual' levels. This reduction target indicates that compliance with these more aggressive reduction goals, beyond what is mandated by AB 32, will be necessary." {AR 2923.) As acknowledged by the City and Flower Growers, the legislature codified EO B-30-15 at SB 32. (Opposition Brief 17:3.} Executed by Governor Brown on April 29, 2015, two years before the notice of preparation, EO B-30-15 provides in part:
"A new interim statewide greenhouse emission reduction target to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030 is established in order to ensure California meets its target of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050."
SB 32, codified at Health and Safety Code section 38566, effective January 1, 2017 (prior to the City's notice of preparation) provides:
"In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030."
The EIR reports the Project's GHG emissions are "consistent"9 with EO B-30-15. (AR 926.) The EIR's discussion of EO B-30-15 in its "Consistency Analysis" reports the order's target of reducing GHG emissions to 40 percent below 1990 levels by 2030. (AR 926-927.) In fact, the EIR suggests the Project is actually consistent and compliant with EO B-30-15: "As such, given the reasonably anticipated decline in Project emissions once fully constructed and operational, the Project is consistent with the Executive Order's horizon-year goal."10 (AR 926.) The issue raised by Petitioner is whether there is substantial evidence for the EIR's claim to decisionmakers and public participants the Project does not conflict with E0 B-30-15-"an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions" of GHG. (AR 14:917.) The City's position of consistency with EO B-30-15 requires substantial evidence.
9 "Consistent" means "marked by harmony, regularity, or steady continuity" and "marked by agreement." (www.merriam-webster.com/dictionary/consistent.) 10The EIR's use of a singular possessive form as opposed to a plural possessive form makes the analysis where the EIR discusses two executive orders unclear. In any event, the statement implies quantitative compliance with required GHG emission reductions by 2030. The City's findings, however, make clear the City intended the statement to apply to both executive orders. (AR 235.)

Certainly, the EIR acknowledges a 2030 GHG emissions target exists under the law; in its Consistency Analysis, however, the EIR provides no information about that target or how the Project's GHG emissions are consistent with it. The EIR's claim "the Project's post-2020 emissions trajectory is expected to follow a declining trend, consistent with the 2030 and 2050 targets and Executive Order ... B-30-15" appears to be unsupported by substantial evidence. (AR 927.)
Moreover, the EIR reports "[m]any of the emission reduction strategies recommended by CARB would serve to reduce the Project's post-2020 emissions level to the extent applicable by law .... " (AR 927 [emphasis added].) The EIR, however, provides no analysis to support the claim the Project's GHG emissions comply with Health and Safety Code section 38566. That is, "applicable law."11 In fact, the only evidence on the issue suggests otherwise. (AR 2923 [49 percent reduction required for compliance versus Project's 33 percent reduction].) During argument the Flower Growers directed the court to evidence the City could have considered to find the Project is consistent with EO B-30-15. The evidence, however, is not substantial evidence supporting the claim the Project's post-2020 emissions will be reduced to the level required by EO B-30-15 as reported in the EIR.

For example, the EIR's discussion of EO B-30-15 explains "a statewide GHG reduction target of 40 percent below 1990 levels by 2030." (AR 902.) Citing a "recent study," the EIR reports "the state's existing and proposed regulatory framework will allow the state to reduce its GHG emissions level to 40 percent below 1990 levels by 2030 (consistent with Executive Order B-30- 15), and to 60 percent below 1990 levels by 2050." (AR 903.) While the City cited the study by footnote, the study did not address the Project and its GHG emissions.12 Thus, the discussion and study are not substantial evidence of the Project's compliance with EO B-30-15.

In addition, the Project's reduction in GHG emissions related to design features (AR 924-925) does not address compliance with EO B-30-15. The order sets forth a quantitative standard. The EIR's general reference to design features and GHG does not inform on consistency with that quantitative standard.
11 The City found, "As such, the Project's post-2020 emissions trajectory is expected to follow a declining trend, consistent with the 2030 and 2050 targets and Executive Order S-3-05 and B-30-

15." (AR 235 [emphasis added].) The statement is misleading because it implies the Project meets EO 8-30-lS's emissions target when there is no substantial evidence to support the City's position.
12 The court does not have access to the study cited in the footnote. The El R's narrative suggests the study concerned "various combinations of policies" to assist emission levels to "remain very low through 2050 .•.. " (AR 903.) In the unlikely event the general study addressed the Project, the court notes "a report 'buried in an appendix,' is not a substitute for 'a good faith reasoned analysis .... '" (Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918, 941 [citation omitted].)

The EIR's discussion of the Regional Transportation Plan/Sustainable Communities Strategy of Southern California Association of Governments (SCAG) does address GHG emission reductions. (AR 911, 930-931.) The discussion, however, does not inform on the Project's consistency with EO B-30-15.

Finally, relying on Cleveland National Forest Foundation v. San Diego Assn. of Governments (2017) 3 Cal.5th 497, the City argues it had no obligation to consider EO B-30-15. In Cleveland National Forest Foundation, the petitioners argued the agency "should have evaluated the plan's impacts against an executive order signed" by the governor. (Id. at 503.) The Supreme Court disagreed. The agency in Cleveland National Forest Foundation, however, did not adopt a significance threshold of express consistency with an executive order as the City did here. (See id. at 507 [three measures of significance).) That is, the agency in Cleveland National Forest Foundation did not represent the project was consistent with a particular executive order and establish its significance threshold in p~rt on such consistency.

Based on the foregoing, the court finds the EIR's claim of consistency with EO B-30-15 and the policies therein is not supported by substantial evidence. Thus, the EIR's conclusions that GHG emissions do not exceed the City's chosen significance threshold is unsupported. The City abused its discretion in finding GHG emissions would not have a substantial environmental impact. "[A] conclusory discussion of an environmental impact that an EIR deems significant can be determined by a court to be inadequate as an informational document without reference to substantial evidence." (Friant Ranch, supra, 6 Cal.5th at 514.) Petitioner is entitled to relief based on the EIR's incomplete discussion of GHG emission impacts.13 Air Quality Impacts:

The EIR reports the Project's construction emissions would cause significant regional and local air quality impacts based on nitrogen oxides (NOx) and fine particulate matter (PM2.5). (AR 843.) Thus, the Project required mitigation measures for air quality impacts. (AR 843.) Petitioner contends the EIR fails to adequately analyze and mitigate construction-related impacts on air quality.
13 During argument, the parties argued about the meaning of Table 4.F-5. (AR 922.) The City contended the table calculations demonstrated compliance with EO B-30-15 while Petitioner argued it did not. The narrative accompanying the table indicates the Project is consistent with the 2014 Revised AB 32 Scoping Plan because of a reduction target of 15.3 percent. There is no discussion of EO B-30-15. Whether the table's information is consistent with EO 8-3-15-and the court could not determine one way or the other even after the aid of argument-is unclear and does not inform decisionmakers or public participation.

1. Mitigation Measure (MM) C-1
MM C-1 requires "(a]II off-road construction equipment greater than 50 horsepower" satisfy United States Environmental Protection Agency (EPA) "Tier 4 emissions standards to reduce NOx and PM2.5 emissions at the Project Site." (AR 849.) The EIR states "[a]ny emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations." (AR 849.)
"For projects for which an EIR has been prepared, where substantial evidence supports the approving agency's conclusion that mitigation measures will be effective, courts will uphold such measures against attacks based on their alleged inadequacy." (Sacramento Old City Assn. v. City Council (1991) 229 Cal.App.3d 1011, 1027.) A reviewing court, however, will not defer to the agency if there is no substantial evidence in the record showing the mitigation measure is feasible and effective, or if the feasibility or effectiveness of the mitigation measure "def[ies] common sense." (Gray v. County of Madera (2008) 167 Cal.App.4th 1099, 1116-1117.) Petitioner contends MM C-1 is both ineffective and infeasible.

The parties' argument here centers on the meaning of Tier 4 standards for the construction equipment to be used for the Project. Petitioner contends there are two Tier 4 standards-an interim standard and a final standard.14 Petitioner reports the CalEEMod calculations are based on a Tier 4 final standard-an assumption all construction equipment used for the Project with a horsepower greater than 50 comply Tier 4 final standards. (AR 2908 [citing Appendix E-1]; see also AR 1475-1478, 1507-1510, 1544-1547.) Therefore, to the extent MM C-1 permits the Flower Growers to use equipment with a Tier 4 interim standard, the required mitigation will not be achieved. That is, the CalEEMod calculation on which the effectiveness of MM C-1 is based assumes a Tier 4 final standard for all construction equipment exceeding 50 horsepower.

MM C-1, however, does not require all equipment to be Tier 4 final compliant.

The City dismisses Petitioner's claim as nothing more than a "red herring." (Opposition 21:18.) The City reasons Tier 4 "interim" standards were only in effect for a short period of time for certain manufacturers. The interim period ended in 2018 well before the City issued the EIR in 2019. (AR 2803, 4303-4304.) The EIR explains:
"Tier 4 engines have been phased in nationwide since 2008 for all engine types. While some manufacturers were given limited flexibilitY. to phase in compliant engines under the Transition Program for Equipment Manufacturers (TPEM), this provided up 14 There seems to be no dispute Tier 4 final standards are more stringent (allow less emissions) than Tier 4 interim standards. (AR 2909, 2803.)

to seven years of additional time to offer such equipment. For engines less than 56 horsepower (hp), this TPEM period ended at the end of 2014. Engines between 56- 130 hp had until the end of 2018, while larger engines of 130 hp or more ended at the end of 2017. As a result, Tier 4 equipment is commercially available from all manufacturers, especially for common types of equipment to be used during the construction phases for this Project." (AR 2803 [emphasis added].) The City sidesteps and avoids the issue. (See AR 6621-6622.) MM C-1 relies on Tier 4 equipment. CalEEMod calculations-demonstrating effective mitigation-are based on Tier 4 final standards for construction equipment exceeding 50 horsepower. The City does not require, however, that all equipment exceeding SO horsepower used for construction have been manufactured in 2019 and later-that is, when Tier 4 final standards were required. Thus, MM C-1 permits, for example, construction equipment with 130 horsepower manufactured in 2018 under the Tier 4 interim standard to be used on the Project. To the extent the City permits such equipment to be used, it would be inconsistent with CalEEMod calculations and undermine the mitigation.

During argument, the City suggested its interpretation of MM C-1 requires equipment for the Project to use Tier 4 final standards. The City contends its CalEEMod calculations support its intent. That is, if the City did not intend for all equipment to meet such standards it would not have used such a setting in its CalEEMod calculations. 15 The City also noted the Flower Growers concede MM C-1 requires Tier 4 final standard engines and so advised the City: "It should be noted that the measure refers to the use of Tier 4-certified engines, not the less effective Tier 4-interim certified engines." (AR 10136.)
The MMRP will require compliance with Tier 4 final standards for MM C-1. Whether the Project is complying with MM C-1 will not turn on the good faith of an "on-the-hood-of-a-truck" analysis of the mitigation measure by a contractor, as suggested by Petitioner during argument.

Instead, the MMRP requires:
"[S]pecifically during the construction phase and prior to the issuance of building permits, the [Flower Growers] shall retain an independent Construction Monitor (either via the City or through a third-party consultant), approved by the City of 15 Additionally, the City differentiated between Tier 4 standards (which the City considers final standards) and Transition Program for Equipment Manufacturers (TPEM) standards in the EIR.

Thus, the City's language in MM C-1 would not support two Tier 4 standards, final and interim.

Under the City's view, there is a Tier 4 standard and a TPEM standard. If the City had intended to include an "interim" Tier 4 standard in the MM, it would have used TPEM. In any event, this distinction provides additional support to the City's intent and the enforceable performance standard used for the MM.

Los Angeles Department of City Planning, who shall be responsible for monitoring implementation of Project design features and mitigation measures during construction activities consistent with the monitoring phase and frequency set forth in this [MMRP)." (AR 143.)
Thus, while MM C-1 could have been more precise, the City's intent is clear, and the MM contains a specific performance standard. Moreover, the Flower Growers have acknowledged MM C-1 requires construction equipment with Tier 4 final standards (or its equivalent) be used for the Project. The MMRP will "ensure compliance during project implementation." (Pub.

Resources Code § 21081.6, subd. (a).)
While Petitioner contends the City uses a performance standard addressing only particulate but not NOx emissions (Opening Brief 18:14-19}, the court is unpersuaded. MM C-1 requires any construction equipment meet both standards-Tier 4 final and a Level 3 diesel emission control strategy. (AR 849 ["In addition"].)
Based on the foregoing, the court finds the City's determination MM C-1 will be effective at mitigating air quality impacts to a less-than-significant level during construction is supported by substantial evidence.
a. Feasibility and Enforceability of MM C-1
According to Petitioner, MM C-1 "does not provide either feasible or enforceable means to ensure significant air quality impacts will be avoided." (Opening Brief 19:5-6.) Petitioner argues MM C-1 is inadequate to ensure avoidance of significant impacts to the air quality "because of practical obstacles in obtaining the required technology." (Opening Brief 19:10-11.) Petitioner reports while Tier 4 standards have been phased in for construction equipment manufactured since 2008 (Tier 4 interim) and 2014 (Tier 4 Final), "a large portion of the construction equipment currently in use was manufactured to lower standards." (Opening Brief 19:16-17 [citing AR 2910-2911).)16 Petitioner contends the City's claim Tier 4 standards construction equipment is readily available is unsupported by substantial evidence. Thus, Petitioner claims the EIR's conclusion supporting feasibility-the availability of equipmentfails.

Petitioner's argument alleging a lack of appropriate construction equipment is based on speculation. Petitioner's reliance on a seven-year-old report from 2014-just after Tier 4 final 16 "In 2014, 25% of all offroad equipment in the state of California were equipped with Tier 2 engines, approximately 12% were equipped with Tier 3 engines, approximately 18% were equipped with Tier 4 Interim engines, and only 4% were equipped with Tier 4 Final engines."

standards phased in-does not meet Petitioner's burden on the issue. The City's position "it is reasonable to conclude that the market has produced many more Tier 4-compliant engines" since 2014 is reasonable and appropriate given Petitioner's speculation. (Opposition 23:2-3.} This is especially true given the passage of time and such equipment being available from all manufacturers. (AR 2806.)
More importantly, if Flower Growers cannot secure specific Tier 4 equipment as required by MM C-1, Flower Growers will be required to "work with the City's Building and Safety Department on equivalent alternatives that minimize tailpipe emissions from off-road equipment." (AR 2803.) The term "equivalent" means the Flower Growers must demonstrate the proffered alternative "meets or exceeds" Tier 4 standards thereby meeting necessary emission reductions in NOx and PM2.5. (AR 4303-4304.)
.Based on the speculative nature of Petitioner's claim concerning feasibility, the court finds Petitioner did not meet its burden of demonstrating the City abused its discretion when it found MM C-1 is feasible.17

2. Air Quality Impacts to Sensitive Receptors
Petitioner takes issue with the City's selection and identification of sensitive receptors and their proximity to the Project. The flaw, according to Petitioner, undermines the El R's air quality analysis.

Petitioner notes the EIR identifies the "nearest" sensitive receptors at distances of 220 (school}, 240 (apartment building), 440 (apartment building) and 700 (apartment building) feet from the Project. (AR 836.) Petitioner reports there is an apartment building within 55 feet of the Project and another closer than 240 feet. (AR 778, 3173, 6874-6875.) Petitioner argues that these omissions are misleading by creating the impression for decisionmakers and the participating public there are few sensitive uses in close proximity to the Project.18 To the extent selection of a group of sensitive receptors is a methodology issue, the City is entitled to deference on its methodology.19 Thus, the decision is subject to substantial evidence review. (City of long Beach v. Los Angeles Unified School Dist. (2009) 176 Cal.App.4th 889, 898.) 17 The court's finding MM C-1 is effective sufficiently responds to Petitioner's claim concerning enforceability.
18 Additionally, Petitioner argues the El R's air quality impacts on sensitive receptors is inadequate because it relies on the MM C-1 to render the impact less than significant. Of course, the court's earlier analysis of MM C-1 would be equally applicable here. 19 That said, the court is not persuaded the issue is, in fact, a methodology issue.

The City's use of SCAQMD guidance on the issue does not actually support selection issues. That is, nothing in the SCAQMD guidance instructs on selection of sensitive receptors over others. (AR 832-848, 845.) Thus, the SCAQMD guidance is not substantial evidence.

In the EIR, the City "disclose[d] the location of a number of representative sensitive receptors near the Project Site" including residential and non-residential uses. (AR 7232.) The City's response to public comment is instructive:
"Almost all of the other residential uses identified by the commentor are at the same distance from the Project site as the Santee Court Apartments (i.e., the Santee Village Apartments) or even a further distance away from the Project site (i.e., the Garment Lofts are 40 feet further away than the Santee Court Apartments and the Santee Village Lofts are 60 feet further away than the Santee Court Apartments). Moreover, compliance with SCAQMD's thresholds of significance will avoid any significant impact to any of these sensitive receptors and the EIR demonstrates that mitigated construction emissions would be less than all the SCAQMD's thresholds of significance. (Refer to Draft EIR, pages 4.C-19 through 23.) This conclusion would apply regardless of the location of any receptor pursuant to SCAQMD guidance." (AR 7232; see also AR 3570-3571.) The court finds Petitioner has not met its burden of demonstrating a prejudicial abuse of discretion even assuming the City abused its discretion in its selection of sensitive receptors.

Petitioner has not suggested any legal requirement that every sensitive receptor within close proximity of a Project must be identified. "CEQA requires only that the agency 'use its best efforts to find out and disclose all that it reasonably can' (Guidelines, § 15144), and that the EIR display 'adequacy, completeness, and a good faith effort at full disclosure' (Guidelines, § 15151)." (Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, 253.)
Further, Petitioner fails to demonstrate the City sampling is misleading-other than to the extent the City did not include every single sensitive receptor in close proximity to the Project.

The City's expert concluded the Project would avoid significant impacts to all receptors in the vicinity because the Project's mitigated construction emissions will fall below SCAQMD's thresholds measured at the source of the emissions. (AR 3570-3571, 4068, 7232.) Petitioner does not suggest with evidence the El R's analysis and conclusions would be different with respect to the omitted sensitive receptors as opposed to the receptors the City considered and analyzed. Accordingly, Petitioner shows no prejudicial abuse of discretion.

3. Disclosure of Health Risks Associated with Air Quality Impacts Petitioner argues the Project fails to adequately discuss the connections between potential pollutant emissions and resulting human health impacts. Such analysis, Petitioner contends, is required by Guidelines section 15126.2, subdivision (a).

Petitioner asserts the EIR failed to discuss the health risks related to the estimated level of construction and operational emissions. (AR 827-850.) The EIR therefore does not comply with the Supreme Court's direction in Friant Ranch that a "[p]roject's health effects must be "clearly identified" and the discussion must include "relevant specifics" about the environmental changes attributable to the Project and their associated health outcomes." (Friant Ranch, supra, 6 Cal.5th at 518.)
Further, Petitioner argues the City's 2019 Health Risk Assessment (HRA) does not "fill the gap in the EIR's analysis." (Opening Brief 23:28.) The HRA contains no analysis of operational emissions and merely addresses construction-related emissions of diesel particulate matter. (AR 846.)
Under SCAQMD guidance, an HRA is recommended for "substantial sources of diesel particulate emissions (e.g., truck stops and warehouse distribution facilities) ... . 11 (AR 846.) The City
determined-and there is no challenge to the City's finding-the "Project would not result in any substantial emissions of toxic air contaminants (TAC) during the construction or operations phase." (AR 846.)
The EIR explains:
"The Project would not result in any substantial emissions of toxic air contaminants (TACs) during the construction or operations phase. During the construction phase, the primary air quality impacts would be associated with the combustion of diesel fuels, which produce exhaust-related particulate matter that is considered a toxic air contaminant by CARB based on chronic exposure to these emissions. However, construction activities would not produce chronic, long-term exposure to diesel particulate matter. During long-term project operations, the Project does not include typical sources of acutely and chronically hazardous TACs such as industrial manufacturing processes and automotive repair facilities. As a result, the Project would not create substantial concentrations of TACs. In addition, the SCAQMD recommends that health risk assessments be conducted for substantial sources of diesel particulate emissions (e.g., truck stops and warehouse distribution facilities) and has provided guidance for analyzing mobile source diesel emissions. The Project would not generate a substantial number of truck trips. Based on the limited activity of TAC sources, the Project would not

warrant the need for a health risk assessment associated with on-site activities.

Therefore, Project impacts related to TACs would be less than significant." (AR 846; see also AR 2964-66.)
Contrary to Petitioner's position, Friant Ranch, does not require more from the City. The Project does not exceed any SCAQMD significance threshold for air quality impacts or trigger any criteria requiring an HRA.

Petitioner has not met its burden of demonstrating a prejudicial abuse of discretion based on a failure to adequately discuss the connections between potential pollutant emissions and resulting human health impacts.20
Noise Impacts:

Petitioner contends the EIR fails to adequately analyze and mitigate construction-related environmental impacts as to noise.

1. Disclosure of Impacts to Sensitive Receptors
Petitioner takes issue with the El R's purported failure to analyze the construction-noise impacts at the Textile Building Lofts, a location merely 55 feet from the Project. The EIR does not contain any noise analysis to any sensitive receptors at this location. In fact, the first discussion by the City about the noise impacts to the Textile Building Lofts is contained in Erratum No. 3. (AR 3173, 3342-3343.)
Petitioner contends the City's analysis is flawed. Petitioner believes the daytime ambient noise level of 64.8 dBA, based on measurements on Maple Avenue, is overstated for the Textile Building Lofts. (AR 3343.} The City's inaccurate 64.8 dBA daytime noise level assumption, according to Petitioner, led to a conclusion of only a 1.3 dBA daytime noise level increase such that the Project's construction-noise impacts did not exceed the 5 dBA level noise increase significance threshold. (AR 3343.)
Based on expert opinion, however, Petitioner reports the City's ambient noise level determination failed to take into account the 12-story height of the Textile Building Lofts.

Higher stories have lower ambient noise levels. (AR 10085-10086 [identifying ambient noise is as low as 58.5 for the twelfth floor].) The daytime ambient noise levels are not the same "for all floors of the Textile Building [Lofts] because the higher floors are farther from the road traffic than lower floors." (AR 10085.) Thus, the City's conclusion construction-noise related impacts 20 Petitioner appears to have abandoned the argument in reply.

to the Textile Building Lofts is flawed-it is based on an "unsupported assumption about existing ambient noise levels." (Opening Brief 25:15-16.) The City's expert does not address the ambient daytime noise level for the higher floors of the Textile Building Lofts. The City's expert did consider the building, however, using the same methodology used in the DEIR. (AR 4305.) The City's expert determined the Textile Building Lofts would experience an increase in noise based on construction of 1.3 dBA (or less). (AR 3173-74, 7229.)
Further, Project construction-related noise impacts are expected to remain below the City's 5 dBA significance threshold. (AR 3343, 7229.) In a June 19, 2019 memorandum, the City's noise expert explained:
"[T]his [Maple Street for the Textile Building Lofts] baseline noise level is far greater than the 50.8 dBA leq noise level used to represent baseline conditions at the Santee Court Apartments receptor. Utilizing the same construction source and mitigation assumptions that were used for the Santee Court Apartments analysis, as Textile Building Lofts would benefit from the same mitigation measures intended to reduce construction noise impacts at Santee Court Apartments, Textile Building Lofts would be projected to experience a construction-related noise increase of just 1.3 dBA leq, similar to but less than the 1.6 dBA leq impact that would occur at Santee Court Apartments. The noise impact at Textile Building Lofts would not exceed the 5 dBA noise increase threshold; in fact, it would not exceed the 3 dBA leq threshold of perceptibility that represents when noise conditions may be noticeably louder." (AR 7229.)
While Petitioner relies expert opinion to dispute and contradict the City's expert technical report, Petitioner has not demonstrated the City's expert studies are so "clearly inadequate or unsupported" as to be "entitled to no judicial deference." (See Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 cal.3d 376, 409 fn. 12. ["A clearly inadequate or unsupported study is entitled to no judicial deference."]) "When an agency is faced with conflicting evidence on an issue, it is permitted to give more weight to some of the evidence and to favor the opinions of some experts over others. (Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383, 1397.) Accordingly, Petitioner failed to meet its burden of demonstrating a prejudicial abuse of discretion related to the City's analysis of construction-related noise impacts. (See State Water Resources Control Bd. Cases (2006) 136 Cal.App.4th 674, 795. [''The party challenging the EIR, however, bears the burden of demonstrating that the studies on which the EIR is based 'are clearly inadequate or unsupported.'"])

2. Feasibility and Effectiveness of MM l-1 and 1-2
Petitioner argues MM 1-1 and 1-2 are vague, ineffective and unenforceable. a. MM 1-1
''To ensure that the Project's construction-related noise levels do not exceed 75 dBA and that construction-related noise increases at Santee Court Apartments do not exceed 5 dBA," the City adopted MM 1-1. MM 1-1 provides "(a]II capable diesel-powered construction vehicles shall be equipped with exhaust mufflers or other suitable noise reduction devices." (AR 1011.) Petitioner contends MM 1-1 does not establish a performance standard because nothing in the mitigation measure sets a required noise level reduction. Petitioner argues muffler use alone does not ensure MM 1-1 will achieve any particular level of mitigation. Petitioner asserts "the fact that exhaust mufflers should or could reduce equipment noise by 3 dBA or more doesn't address the fact that the measure, as written, does not require mitigation at that level and therefore does not ensure that level of mitigation will be achieved, as is necessary to support the finding of no significant impacts from construction noise." (Opening Brief 28:18-22.) As noted earlier, "For projects for which an EIR has been prepared, where substantial evidence supports the approving agency's conclusion that mitigation measures will be effective, courts will uphold such measures against attacks based on their alleged inadequacy." (Sacramento Old City Assn. v. City Council, supra, 229 Cal.App.3d at 1027.) The City contends MM 1-1 as written will be effective. The use of mufflers to abate noise impacts is considered "best practices" and recommended under the City's CEQA threshold guide. (AR 2773, 2786-2787, 7299, 10131-10132 [EPA's Office of Noise Abatement and Control Study], 10139.)21 In addition, the City's noise expert confirmed the use of mufflers as required by MM 1-1 would achieve a 3 dBA noise reduction. (AR 3085-3086, 10139-10140.) The expert explained "aftermarket mufflers reduce noise by over 3 dBA. (AR 10139.) In addition, the Project's MMRP requires the Flower Growers to retain an independent Construction Monitor, approved by the City, responsible for: (a) ensuring that "capable" mufflers are used during construction; and (b) documenting compliance. (AR 2848-2849.) While the court agrees MM 1-1 does not contain a specific performance standard, it does mandate the use of certain equipment that does have performance standards. Substantial evidence supports the City's conclusion the use of mufflers will be effective at reducing noise levels by at least 3 dBA. The City's noise expert reviewed aftermarket muffler manufacturer 21 The EPA study, upon which the City's CEQA Threshold Guide relies, shows that "equipment mufflers should reduce excavation and grading phase noise levels by 3 dBA. (AR 10131.)

specification materials to reach his conclusion mufflers result in noise reductions exceeding 3 dBA. An EPA study also supports the City's conclusion.

Accordingly, the City's conclusion MM 1-1 will be effective with a sufficiently clear performance standard (by virtue of the equipment used) is supported by substantial evidence. (Guidelines§ 15384, subd. (b).)
b. MMl-2
''To ensure that the Project's construction-related noise levels do not exceed 75 dBA and that construction-related noise increases at Santee Court Apartments do not exceed 5 dBA," the City adopted MM 1-2. MM 1-2 requires "[t]emporary sound barriers capable of achieving a sound attenuation of at least 15 dBA shall be erected along the Project's boundaries facing Santee Court Apartments. Temporary sound barriers capable of achieving a sound attenuation of at least 6 dBA shall be erected along all other Project construction boundaries." (AR 1011.} MM 1- 2 requires sound barriers at the Project's boundaries.

Again, Petitioner contends the MM is vague, ineffective and unenforceable.

First, Petitioner asserts achieving a sound attenuation of 15 dBA is so vague it is ineffective; the mitigation measure does not specify from where the sound attenuation is to be judged. As written, the mitigation measure would allow sound attenuation to be evaluated at the Project boundaries instead of a sensitive receptor's location. To the extent sound attenuation is to be measured at the sensitive receptor, it may allow measurement from street level ignoring impacts at higher floors. Higher floor sound attenuation is important as the efficacy of sound barriers to shield higher floors in a building is questionable.22 Second, Petitioner argues sound barriers erected along the Project boundaries will be ineffective as they would be too far from construction equipment to effectively reduce noise. 23 The City dismisses Petitioner's arguments as "wordsmithing." (Opposition Brief 35:5.) The City explains the EIR supports the conclusion that noise barriers with a transmission loss value of 25 dBA are capable of achieving the required noise reduction of 15 dBA at the identified sensitive receptors. (AR 2787, 3085-3086.) Moreover, the City's noise expert explains:
22 Petitioner reports sound is most audible when it travels by direct line of sight. Sound barriers are largely ineffective if they do not break the line of sight between the source and receiver. (AR 992.) The City does not seem to dispute this notion. 23 Petitioner explains sound barriers are most effective when they are very close to either the source or the receiver and become less effective with greater distance from the noiseproducing equipment. (AR 10082.)

''The level topography of the South Building site and single proposed sub-grade level would allow for the easy positioning and movement of these barriers to shield construction activities, no matter where they may occur on-site. There are numerous free-standing temporary noise barrier systems used in the industry up to 24 feet in height that may be positioned manually or by vehicles such as construction forklifts and/or loaders." (AR 10140; see also AR 7299.) The City's response actually concedes the flaw in the efficacy of MM 1-2 as it is written. Effective mitigation to sensitive receptors requires the noise barrier systems to be moved. The City argues MM 1-2 is effective because "the noise barriers are moveable, meaning that they move in concert with any piece of construction equipment to ensure the equipment does not operate with an unobstructed line of sight to a receptor." (Opposition Brief 35:15-17.) The City recognizes the barriers must be moveable "to shield construction activities, no matter where they occur onsite." (Opposition Brief 35:18-19.)
Despite the City's recognition the noise barriers must be moved throughout the Project during construction to effectively mitigate construction-related noise, MM 1-2 does not require such movement. It is not about wordsmithing-it is about enforceability and efficacy. The City's attempts to distinguish between "Project boundaries" and "property boundaries" is unpersuasive.24 Such a distinction-if there is one-does not resolve the ambiguity. Nothing in MM 1-2 requires any noise barriers to be moved.25
Accordingly, the court finds substantial evidence does not support the City's conclusion MM 1-2 is an effective mitigation measure.

CONCLUSION
Based on the foregoing, the petition is granted.

During argument, the Flower Growers suggested the court should ~ddress remedies if the court granted the petition. "In most cases, when a court finds that any agency has violated CEOA in approving a project, it issues a writ of mandate requiring the agency to set aside its CEOA determination, to set aside the project approvals, and to take specific corrective action before it considers approving the project." (King & Gardiner Farms, LLC v. County of Kern (2020) 45 Cal.App.5th 814, 896.)
24 In the EIR, the City defines the Project boundaries as approximately 3.87 acres consisting of one block. It would seem the "Project boundaries" are, in fact, the property boundaries. (AR 748.)
25 Given the comments raised concerning the barriers and the timing of the comments, there are issues of feasibility given barrier mobility issues. (AR 10076.)

The court believes an order consistent with most CEQA writ petition cases is appropriate.

Flower Growers, however, may submit an objection to the judgment if it has an objection to the usual order of requiring the City to set aside the project approvals.

Petitioner shall submit a proposed form of judgment with service on all parties.

IT IS SO ORDERED.

April 5 , 2021 t_A i t,-Lulli~== Hon. MitcheUBeclloff
Judge of the Superior Court

11/9/23, 6:42 PM The Dangers of Orphaned Oil Wells | Oilfield Injury & Explosion Attorneys https://www.arnolditkin.com/blog/oilfield-accidents/the-dangers-of-orphaned-oil-wells/ 1/4 An estimated 9 million Americans live within a mile of orphaned oil wells – and that’s just the documented wells. According to the Environmental Protection Agency (EPA), there are likely about 3 million abandoned oil and gas wells scattered across the United States. Approximately two-thirds of these have not been properly plugged and decommissioned.

When an oil well is abandoned, it may emit toxins and pollution that contaminate groundwater, affecting local communities and the environment. Abandoned and orphaned wells are also considered major contributors to greenhouse gas emissions, spurring the creation of several state and federal programs aimed at decommissioning such wells before they can cause further harm. Unfortunately, many of these programs lack the funding and personnel to be effective on a broad scale.

Abandoned and orphaned wells are a serious problem in the United States, and yet it seems that little is being done to address them. From property owners who have long-abandoned wells on their land to communities located near large, old oilfield operations, countless people who are impacted by orphaned wells are running into obstacles when they try to get these wells plugged and decommissioned.

By digging a little deeper, we can shed light on the scope of the issue and what can be done about it.

What Is an Orphaned Well?
The first commercial oil well in the United States was drilled in 1859 on the banks of Oil Creek near Titusville, Pennsylvania. Since that time, millions of wells have been drilled across the country, primarily in the oil-rich states of Texas, Alaska, California, North Dakota, Oklahoma, New Mexico, Wyoming, Utah, Colorado, and Louisiana. They remain to this day – even the wells that have not been producing for decades. Some are more than a century old, and most that date back to the beginning of the 1900s and earlier are not documented at all.

A well is considered abandoned if its owner or operator has taken it out of production. It is considered orphaned if its owner cannot be located or no longer exists. These wells now sit, inactive, for years, decades, or even more than a century.

Methane Emissions & Other Hazards of Orphaned Wells
When an oil or gas well is no longer productive enough to be economically viable, the owner is required to properly plug the well. This is a lengthy process that can take days, a week, or even longer depending on the depth of the well and other factors. Typically, cement plugs are set in the wellbore at specific intervals to prevent the flow of fluid. When a well is properly decommissioned, it should not pose a significant hazard to the environment and any people who live or work nearby.

Unfortunately, many wells are shoddily plugged or are not plugged at all. Their owners may become bankrupt, or companies may be sold or dissolved. Some oil and gas companies make the conscious decision to abandon wells or may claim to “temporarily” abandon operations, never to return. Even wells that have been plugged may have been decommissioned decades ago, before current regulations were in place. The result? Millions of abandoned wells litter U.S. soil, presenting serious risks of contamination and even explosions and fires.

Improperly plugged or decommissioned oil and gas wells are essentially open holes in the ground. They may release toxins like methane, arsenic, benzene, and hydrogen sulfide into the environment, even when they are no longer productive. They can cause fires and explosions. Even a small leak from a single well could have a tremendous impact over years or decades, affecting the soil and groundwater and causing air pollution.

Methane is one of the biggest threats posed by orphaned oil wells. The odorless gas can seep into homes, offices, schools, and other nearby buildings without a trace, causing serious health problems The Dangers of Orphaned Oil Wells
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11/9/23, 6:42 PM The Dangers of Orphaned Oil Wells | Oilfield Injury & Explosion Attorneys https://www.arnolditkin.com/blog/oilfield-accidents/the-dangers-of-orphaned-oil-wells/ 2/4 and symptoms like nausea, weakness, vomiting, and convulsions. In high concentrations, methane exposure can cause coma and even death. It is also highly explosive.

Then there’s the connection between methane emissions from abandoned wells and global warming, which researchers estimate cause climate damage that’s about equivalent to consuming about 16 million barrels of crude oil every year. The more than 3 million abandoned oil and gas wells in the United States alone are estimated to have emitted 281 kilotons of methane – just in 2018. According to the EPA, methane accounts for about 20% of global emissions and is 25% more capable than carbon dioxide of trapping heat in the atmosphere.

Abandoned Wells Pose Dangers to Nearby Homes, Communities & Workers In January 2019, construction workers at a site in Marina Del Rey, California, experienced a near-death experience when they dug into an abandoned oil well. The resulting blowout sent a mixture of natural gas, mud, and water shooting up into the air, and one worker was sprayed before he was able to escape using a safety rope.

In 2017, a man and his brother-in-law were killed in a house explosion in Firestone, Colorado as the result of gas leaking from a severed flow line. The line was associated with an abandoned, inactive oil well owned by Anadarko Petroleum. Local authorities believe that the leak started when a tank battery was moved to build the subdivision where the house was located.

A school in the small town of Midwest, Wyoming closed in 2016 after teaching staff and students complained of headaches and smelled gas-like odors. Air quality tests confirmed the presence of high concentrations of benzene and carbon dioxide, which were associated with an abandoned well nearby; carbon dioxide was finding its way into the school through small underground cracks. Benzene levels were found to be 200 times the recommended limit; carbon dioxide levels were 20 times the recommended limit. It took more than a year for the abandoned well to be plugged and the school to reopen.

In 2011, a house in McKean County, Pennsylvania, suddenly exploded. Luckily, the owner was outside when his home burst into flames. Investigators determined that the explosion was caused by a methane leak from an abandoned well drilled back in 1881. The well was located about 300 feet from the home.

These are just a few incidents involving blowouts and explosions at abandoned oil and gas wells. There are countless other stories of ranchers dealing with old, abandoned wells contaminating their groundwater, killing cattle, and causing mysterious health problems among family members. People are living and working in communities located near abandoned oilfields that report smelling gas in the air and experiencing frequent headaches, asthma, nausea, and other symptoms often associated with toxic exposure.

The Time & Expense of Plugging an Abandoned Oil Well
The cost of plugging an abandoned oil well is significant. Some have estimated that it will cost upwards of $300 billion to plug every abandoned well in the United States. According to one study, the average cost of plugging a well is about $20,000. For deeper wells, however, the costs increase by about 20% for every additional 1,000 feet. The average cost of plugging and addressing surface reclamation is about $76,000 per well. Specific costs may vary depending on the depth of the well, its age, where the well is located, and more. In rare cases, plugging and decommissioning certain wells could cost up to $1 million.

Who shoulders this financial burden? Logically, it should be the company that owned or operated the well. Unfortunately, orphaned wells are named such because they have no clear owners. With that in mind, would landowners be responsible? What about the government? Accountability for plugging wells may vary depending on the jurisdiction, but if the well is considered abandoned and its owner/operator can be located, they would be liable. If a well is classified as orphaned because its owner cannot be located, the state government is responsible – if the landowner did not have previous control over drilling operations. This landowner immunity may vary depending on the state and the specific circumstances.

In January 2022, the Biden administration announced that 26 states in the U.S. aim to apply for some of the $4.7 billion budgeted in the Bipartisan Infrastructure Law for the clean-up and decommissioning of abandoned oil and gas wells nationwide. This is part of President Biden’s commitment to address global warming by reducing methane emissions. Such cleanup measures would also produce new jobs and help communities located near abandoned oilfields and wells.

This is a good start, but plugging millions of abandoned wells is bound to cost more than $4.7 billion (as astronomical as that figure may be). Oil and gas companies must be held responsible not only for running safe drilling operations but for properly plugging and shutting down wells that are no longer viable. There has to be more accountability and more intervention.

At Arnold & Itkin, we stand for landowners, workers, and all people who have been adversely affected by the unethical operations of companies that are more interested in their profits than the environment, the people they employ, and the communities where their wells and plants are located. When explosions happen, we stand up for those who have been injured or lost loved ones. When wells blow out, we fight for answers and accountability. Offshore or on land, our attorneys do everything it takes to help good people who have found themselves in the worst situations.

To find out how we can help you, call (888) 493-1629 or contact us online. 11/9/23, 6:42 PM The Dangers of Orphaned Oil Wells | Oilfield Injury & Explosion Attorneys https://www.arnolditkin.com/blog/oilfield-accidents/the-dangers-of-orphaned-oil-wells/ 3/4

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11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 1/16 COMMODITIES NEWS JUNE 16, 2020 / 4:14 AM / UPDATED 3 YEARS AGO Special Report: Millions of abandoned oil
wells are leaking methane, a climate
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By Nichola Groom 1 5 M I N R E AD
SALYERSVILLE, Kentucky (Reuters) - (This June 16 story corrects comparison in paragraph eight of climate damage from methane leaks to that from U.S. oil consumption. The leaks cause climate damage roughly equivalent to typical U.S. oil consumption in one day, not two days.) Directory of sites Login Contact Support
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11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 2/16 In May 2012, Hanson and Michael Rowe noticed an overpowering smell, like rotten eggs, seeping from an abandoned gas well on their land in Kentucky.

The fumes made the retired couple feel nauseous, dizzy, and short of breath.

Regulators responding to the leak couldn’t find an owner to fix it. J.D. Carty Resources LLC had drilled the well near the Rowes’ home in 2006 - promising the family a 12.5% royalty and free natural gas, which they never got. But Carty went bust in 2008 and sold the site to a company that was later acquired by Blue Energy LLC. Lawyers for both companies deny any responsibility for the leak.

FILE PHOTO: Hanson Rowe, a landowner who blames a leaky gas well on his property for health problems, smells for the odor of gas emanating from an abandoned well on his property in Salyersville, Kentucky, U.S., February 28, 2020. REUTERS/Bryan Woolston
11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 3/16 A year later, Kentucky’s Division of Oil and Gas declared the well an environmental emergency and hired Boots & Coots Inc - the Texas contractor that doused oil-well fires after the Gulf War - to plug it. During the 40-day operation, the Rowes retreated to a trailer on their property and lived with no running water to escape the gases and noise. Regulators determined the leak was a toxic blend of hydrogen sulfide, a common drilling byproduct, and the potent greenhouse gas methane.
“I wouldn’t go through this again for $1 million,” said Hanson Rowe, who with his wife is suing the energy companies for compensation.

The incident, while extreme, reflects a growing global problem: More than a century of oil and gas drilling has left behind millions of abandoned wells, many of which are leaching pollutants into the air and water. And drilling companies are likely to abandon many more wells due to bankruptcies, as oil prices struggle to recover from historic lows after the coronavirus pandemic crushed global fuel demand, according to bankruptcy lawyers, industry analysts and state regulators.

Leaks from abandoned wells have long been recognized as an environmental problem, a health hazard and a public nuisance. They have been linked to dozens of instances of groundwater contamination by research commissioned by the Groundwater Protection Council, whose members include state ground water agencies. Orphaned wells have been blamed for a slew of public safety incidents over the years, including a methane blowout at the construction site of a waterfront hotel in California last year.

They also pose a serious threat to the climate that researchers and world governments are only starting to understand, according to a Reuters review of 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 4/16 government data and interviews with scientists, regulators, and United Nations officials. The Intergovernmental Panel on Climate Change last year recommended that U.N. member countries start tracking and publishing the amount of methane leaching from their abandoned oil and gas wells after scientists started flagging it as a global warming risk. So far, the United States and Canada are the only nations to do so.

The U.S. figures are sobering: More than 3.2 million abandoned oil and gas wells together emitted 281 kilotons of methane in 2018, according to the data, which was included in the U.S. Environmental Protection Agency’s most recent report on April 14 to the United Nations Framework Convention on Climate Change. That’s the climate-damage equivalent of consuming about 16 million barrels of crude oil, according to an EPA calculation, or about as much as the United States, the world’s biggest oil consumer, uses in a typical day. (For a graphic on the rise in abandoned oil wells, click tmsnrt.rs/2MsWInw )
The actual amount could be as much as three times higher, the EPA says, because of incomplete data. The agency believes most of the methane comes from the more than 2 million abandoned wells it estimates were never properly plugged.

The problem is less severe in Canada, where the bulk of oil production comes from oil sands mining instead of traditional drilling. The government estimated that its 313,000 abandoned wells emitted 10.1 kt of methane in 2018, far less than in the United States.

The global impact is harder to measure. The governments of Russia, Saudi Arabia, and China – which round out the top five world oil-and-gas producers 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 5/16 – did not respond to Reuters’ requests for comment on their abandoned wells and have not published reports on the wells’ methane leakage.

Researchers say it’s impossible to accurately estimate global emissions from leaky abandoned wells without better data. But a rough Reuters calculation, based on the U.S. share of global crude oil and natural gas production, would place the number of abandoned wells around the world at more than 29 million, with emissions of 2.5 million tonnes of methane per year - the climate-damage equivalent of three weeks of U.S. oil consumption.

HIDDEN MENACE
In a forested area of western New York state in February, a group of state regulators, along with researchers from the State University of New York at Binghamton, trudged through the snow. They stopped at a rotting wooden structure encircling a rusted pipe.

Department of Environmental Conservation (DEC) official Charlie Dietrich held a bright orange device over the heap. It emitted a high-pitched signal, and its screen showed a code indicating the presence of ignitable gas. A scent of petroleum wafted through the air.
“There’s some methane coming up out of there,” DEC Mineral Resources Specialist Nathan Graber said.

The abandoned well lies in the forests of Olean, New York, which was an oil boomtown at the turn of the 20th century. The site was one of 72 locations logged by geophysicists Tim de Smet and Alex Nikulin in December, 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 6/16 researchers from Binghamton, using a drone equipped with a metal detector, part of a program launched in 2013 to help New York identify and plug abandoned wells.

New York’s DEC has records of 2,200 abandoned wells dating back to the late 1800s. But the state believes the actual number could be much higher, because of incomplete records.
“It’s a lot easier to find stuff when you know where to look,” Nikulin said.

The group is among an array of regulators, activists and federal agencies now seeking out abandoned wells from the U.S. Northeast to California. The heightened interest in the climate threat posed by the wells started with a 2014 study by Princeton graduate student Mary Kang, who was the first to measure methane emissions from old drilling sites in Pennsylvania. She concluded in 2016 that abandoned wells represent 5% to 8% of total humancaused methane emissions in the state. “It’s not like they leak for one year, and then they stop,” said Kang, now a professor of civil engineering at McGill University in Montreal. “Some of these have been there maybe for 100 years. And they are going to be there for another 100 years.”
Although the Trump administration has downplayed global warming and its link to fossil fuels, the U.S. Energy Department has been financing efforts to improve data on emissions from abandoned wells. Researchers from DOE’s National Energy Technology Laboratory (NETL) recently took measurements from more than 200 wells in Kentucky and Oklahoma and are planning field work in Texas. They plan to publish their data by next spring. 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 7/16 Slideshow ( 18 images )
NETL researcher Natalie Pekney said
the work was crucial to better
understanding the climate impact of
abandoned wells. Many wells don’t
leak much or at all, she said, while
others have “huge” methane
emissions.

NETL had previously used aerial
surveys to locate old wells in Pennsylvania – home to the massive Marcellus gas deposit – so drillers could avoid pushing fluids and gases up through old abandoned well sites deep in the state’s forests. Its researchers found many old wells contained bubbling fluids, an indicator of methane leaks.

GROWING PROBLEM
Nationwide, the number of documented abandoned wells has jumped by more than 12% since 2008, around the start of the hydraulic fracturing boom, according to the EPA estimates.

Many experts believe the number will keep growing. Oil-and-gas firm bankruptcies in the United States and Canada rose 50% to 42 in 2019, and analysts say the rate is likely to accelerate as the pandemic-related slide in energy prices shakes out producers.

Research firm Rystad Energy estimates that about 73 U.S. drilling companies could go bankrupt this year, with an additional 170 succumbing in 2021, assuming an average oil price of $30 a barrel.
11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 8/16 “When prices are this low, it becomes a very serious problem. It becomes a fight over who is going to ultimately have to pay” for cleaning up abandoned wells, said John Penn, a bankruptcy attorney with Perkins Coie LLP in Dallas. “It makes it really bad, and it’s going to get worse.”
A school district in Beverly Hills, California, was saddled with a bill of at least $11 million to plug 19 oil wells on the property of its high school, after a judge in 2017 absolved Venoco LLC - the bankrupt company that had been operating the wells - of any responsibility for clean-up because other creditors took priority. The city of Beverly Hills is contributing another $11 million to the job.
“This is an incredible amount of money” siphoned away from education, said Michael Bregy, superintendent of the Beverly Hills Unified School District.

State and federal regulations normally require drillers to pay an up-front bond to cover future cleanups if they go belly-up. But the rules are a patchwork, with wildly differing requirements, and they seldom leave governments adequately funded. In Pennsylvania, for example, it would take several thousand years to plug its estimated backlog of 200,000 abandoned oil wells at the current rate of spending, according to data from the state regulator.

Oil-industry lobbyists have been fighting state and federal efforts to increase the bonding, arguing it would hurt jobs and economic growth during an already tough time for the industry.
“States and the federal government have many sources of funding available to reclaim and plug abandoned wells,” said Reid Porter, a spokesman for the American Petroleum Institute, the country’s largest oil and gas trade group. 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 9/16 The API spent $1.44 million in the first quarter of 2020 lobbying on Capitol Hill, with oil well bonding legislation one of the target issues, lobbying disclosures show.

The U.S. Government Accountability Office estimates that cleaning up and plugging an abandoned well runs from $20,000 to $145,000, putting the price tag for cleaning up all of America’s abandoned wells somewhere between $60 billion to $435 billion.
‘SHOOTING OUT OF THE EARTH’
The pollution threat goes beyond climate change. Leaks from abandoned wells have been found to contaminate groundwater and soil. In extreme cases, gas from abandoned wells has caused explosions.

In Ohio and Texas, state regulators have each found an average of around two groundwater contamination incidents per year related to orphaned wells, according to research by the Groundwater Protection Council published in 2011 and dating to the 1980s.

In April 2017, for example, neighbors of Ohio farmer Stan Brenneman alerted him to the smell of oil coming from a drainage ditch on his 111-acre corn and soybean farm near the town of Elida, Brenneman told Reuters. The ditch drains water from the farm and carries it into rivers, streams and eventually Lake Erie.

Ohio’s Division of Oil & Gas Resources Management excavated 800 feet of the farm’s drainage system to find a well casing - about 130 years old - releasing oil three feet underground. The plugging operation took two 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 10/16 months to complete and cost the state $196,915, according to a spokeswoman for the state Department of Natural Resources.

More recently, in 2018, the U.S. EPA was alerted to the presence of nearly 50 abandoned oil and gas wells on Navajo Nation lands within the borders of Utah and New Mexico that were bubbling water at the surface. Tests showed the way from some of the wells contained potentially dangerous levels of arsenic, sulfate, benzene and chloride.

The Navajo Nation Environmental Protection Agency said plugging the wells would require “major funds” and that, in the meantime, the public had been warned not to drink the water.

In rare cases, gas from long-abandoned wells can cause dangerous accidents.

In January of last year, a 1930s-era well sent a geyser of gas and dirt 100 feet into the air at the construction site of a Marriott seaside hotel in Marina del Rey, California, an upscale community in the Los Angeles area, according to a state report. The hotel owners did not respond to a request for comment. “It was horrifying,” said resident Marilyn Wall, who witnessed the explosion from her home across the street. She said she was stunned “by the extent and the length of time that the stuff was shooting out of the earth.” A worker standing on a construction platform above the plume was sprayed with debris and scrambled to lower himself down with an escape rope, a video of the explosion shows.
11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-climat… 11/16 DON’T DRINK THE WATER
For Hanson and Michael Rowe, their troubles did not end the day their abandoned well was plugged. They no longer drink from the water well on their property because it gives them diarrhea, they said. Michael Rowe said she still suffers from headaches and coughing spells.

Kentucky’s Energy and Environment Cabinet is still fighting to recoup the $383,340 cost from the now-defunct J.D. Carty and Blue Energy in an ongoing court battle.

An attorney for John Carty, founder of J.D. Carty, said his client had sold what few assets remained in the company and therefore bore no responsibility. A lawyer for Blue Energy said the company denies ever operating the wells on the property and has no responsibility to maintain or plug them.

J.D. Carty was only required to have one $50,000 “blanket bond” to cover all its wells in Kentucky. The amount forfeited to pay for the leaky well on Rowe’s land, determined in part by its depth, was just $2,500 - less than 1% of the cost to fix it.

After the incident, Kentucky lawmakers passed a bill last year that effectively doubled bond requirements for shallow wells to help cope with the state’s 13,000 abandoned wells. Still, state regulators say the list of wells is growing.

Hanson Rowe said he supports fossil fuel development because using natural gas for heat and cooking has improved his quality of life. But the couple say they hope their lawsuit against the companies involved will help change the way the energy industry manages its wells.
11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 12/16 “You lost your health, you’ve lost it all,” Hanson Rowe said.

Reporting by Nichola Groom; Additional reporting by Ekaterina Golubkova in Moscow, Rania El Gamal in Riyadh; Editing by Richard Valdmanis and Brian Thevenot Our Standards: The Thomson Reuters Trust Principles.
11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 13/16 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 14/16 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 15/16 11/9/23, 6:47 PM Special Report: Millions of abandoned oil wells are leaking methane, a climate menace | Reuters https://www.reuters.com/article/us-usa-drilling-abandoned-specialreport/special-report-millions-of-abandoned-oil-wells-are-leaking-methane-a-clima… 16/16 Apps Newsletters Advertise with Us Advertising Guidelines Cookies Terms of Use Privacy Do Not Sell My Personal Information
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11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 1/14 Science Politics & Policy Justice Fossil Fuels Clean Energy Donate
Fossil Fuels
Abandoned Oil and Gas Wells Emit
Carcinogens and Other Harmful Pollutants,
Groundbreaking Study Shows
The release of cancer-causing benzene and other toxic gases from sites in Pennsylvania raises concerns about millions of other abandoned wells across the U.S.

By Liza Gross
June 6, 2023
Share this article
11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 2/14 John Carterlooks at old oil field equipment covered by vegetation near his home February 18, 2016 in Depew, Oklahoma. Thousands of abandoned oil wells were never properly mapped and many of the original drilling companies no longer exist. Credit: J Pat Carter/Getty Images)
On a cloudy late-winter morning in 2004, Charles and Dorothy Harper were babysitting their 17-month-old grandson, Baelee, when the furnace in their rural Western Pennsylvania home revved up. The newly retired pastor and his wife did not realize that flammable gas had infiltrated the basement of the house, which they had recently built.

Around 9 a.m. that dreary March morning, a massive explosion leveled the house and left three lifeless bodies buried in the rubble along a country road about 80 miles northeast of Pittsburgh.

There were 16 known gas wells within 3,000 feet of the Harpers’ home. Natural gas from a well that was being drilled had entered the basement through the couple’s well water, a marshal with a local fire department told The Pittsburgh Tribune Review at the time. Officials knew this, the marshal said, because they tested the victims’ blood and lung tissue after recovering their bodies and found methane—a potent climate-warming compound that is the main constituent of natural gas.

Yet a new study suggests that residents of the nation’s fossil-fuel producing regions could be facing a different threat: carcinogens and other toxic air contaminants spewing from millions of wells that are no longer even operating.

In a study in the journal ACS Omega, researchers have reported the discovery of harmful volatile organic compounds, or VOCs, leaking from 48 abandoned wells in Western Pennsylvania.

Scientists have long known from studies of active drill sites that oil and gas wells produce a wide range of hazardous air pollutants. Yet until now, no independent researchers had systematically measured toxic air contaminants from any of the more than 3 million abandoned oil and gas wells scattered across the nation.

In the study, researchers with the nonprofit research and policy institute PSE Healthy Energy measured both the emission rates and the concentrations of harmful VOCs coming from abandoned wells in the heart of the nation’s largest gas field, the Marcellus Shale. “Our study is the first to thoroughly identify that there is a benzene hazard associated with abandoned wells,” said the lead author, Seth Shonkoff, the executive editor of the research institute, PSE Healthy Energy.

Many were releasing benzene, a well-established cause of cancer, along with compounds that damage the nervous, immune and respiratory systems, the researchers reported. They found air concentrations as high as 250 parts per million—250,000 times the California safety threshold of 0.001 parts per million, which public health experts use as a gold standard because it tends to protect the most vulnerable populations, such as children.

The U.S. Environmental Protection Agency classifies benzene as a known human carcinogen for every route of exposure, whether inhaled, ingested or absorbed through the skin, and the World Health Organization has concluded that no safe level of exposure to benzene exists.

Decades ago, studies associated benzene with an increased risk of cancer for oil industry workers. VOCs like those found at the abandoned wells are also well-established precursors of smog, or ground-level ozone. Exposure to ozone is linked to diverse health problems, including uncontrolled asthma requiring emergency room visits and hospitalization and cardiovascular and respiratory disease leading to premature deaths.

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While some of the abandoned wells investigated for the study are buried in remote areas, 93 percent are within 3,280 feet of buildings and homes, the team found. Nearly a quarter are just 328 feet from buildings and homes—less than the length of a football field.

Joan Casey, an environmental epidemiologist with the University of Washington’s School of Public Health who was not involved in the study, said the article’s findings were disappointing but not surprising.
“There are measured VOCs coming out of these wells that we know are health-harmful,” said Casey, who serves with Shonkoff on a scientific panel advising the state of California on public health regulations for the oil and gas industry. “Most of our health studies to date have focused on residential proximity to active oil and gas wells and have completely ignored this subset of abandoned wells.”
That means the public health community is missing “this whole other set of exposures” in evaluating the impact of oil and gas wells, she said. “If what is found in this study is generalized to all of our abandoned wells, we definitely don’t want people living near them.” Often, the Only Option: Testing Wells on Public Lands
The fact that some abandoned wells are releasing a carcinogenic compound at very high levels raises serious concerns about air quality, groundwater quality and people who could be exposed to problems with both, Shonkoff said. And it adds to a larger body of research on what makes up natural gas as it travels through the oil and gas supply chain, from wells to the pipelines that supply homes and buildings.
“What we’ve found across all these studies, which has actually been quite surprising, is that all of this gas is not just methane,” he said. Almost every single sample of gas across the supply chain, including abandoned wells, contains cancer-causing benzene, his studies have found.

Industry research has already identified emissions of benzene and other gases from active oil and gas wells, Kyle Ferrar, a public health expert with the nonprofit FracTracker Alliance, 11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 4/14 noted. Ferrar, who was not involved in the Pennsylvania study, has long documented uncontrolled well leaks in California.

But it has been hard for independent researchers to get access to old abandoned wells to measure and assess the toxicity of harmful non-methane emissions, he said. So they typically have to locate such wells on public lands. “You don’t have that in a lot of places, but you do in Pennsylvania,” Ferrar said.

Pennsylvania regulators believe that some 200,000 wells that have been abandoned since the first was drilled in the 1850s are missing from state databases. Some remain unaccounted for because they predate modern well permitting and plugging requirements.

For others, historical records indicate that the wells existed but lack coordinates to show where they were, said Neil Shader, a spokesperson for the Pennsylvania Department of Environmental Protection, or DEP. “We can account, for sure, for about 27,000,” he said. “But the rest are lost to history, buried in dead leaves and dirt, paved over, et cetera.” Sometimes, according to Shonkoff, all that’s left is a hole in the ground.

Staff members from the DEP helped Shonkoff’s researchers locate the 48 wells so they could collect and analyze gas. Because most were on public land, the team didn’t need permission to gain access to the sites.

Shonkoff said he would have liked to have sampled every known abandoned well in Pennsylvania. But with the lab analysis alone costing $500 a sample, the time and money needed to study thousands of wells would have been prohibitive. So the team focused on 48.

The results demonstrate that the geology underlying the wells affects what comes out of them. When the researchers compared their Pennsylvania readings to spot samples taken in other oil and gas formations across the country, they saw that benzene concentrations varied considerably by location.

Not all abandoned wells pose the same risks, Shonkoff said. Some are leaking more than others. Some are very close to where people live, work and play. Others could contaminate 11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 5/14 nearby drinking water sources.
“This information should be taken into consideration as we think about which wells to prioritize plugging first, with the limited amount of resources we have to address this massive problem,” he said. That would mean identifying the abandoned wells with the highest emissions of harmful substances and then determining which are closest to communities and their drinking water sources.

In the course of the research, Pennsylvania regulators issued an emergency well-plugging order for a well southeast of Pittsburgh after the team detected levels of methane and benzene at the highest rate measured in the study, 250,000 times California’s safety standard.

Residents of a new housing development three-fifths of a mile away had complained of odors.

The emissions were so pungent and irritating that the researchers cautioned anyone taking air samples at the site in the future to wear protective respiratory gear.

In another case, the researchers discovered that an unplugged abandoned well sat as little as 33 feet from the rented home of a family that had no idea that the pipe in the backyard was an old gas well. The team did not detect benzene at the site but recorded daily methane emissions high enough to pose the risk of a fire and explosion.

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Many residences and buildings in oil- and gas-producing regions across the country are built on top of abandoned wells, unbeknownst to the owner or builder, Shonkoff said. That’s why building codes in the Los Angeles Basin, another major oil-producing region, require methane and VOC mitigation systems to be installed in all buildings within specified zones.

The systems blow gas out of a house to prevent it from accumulating. Such a device could have saved the Harper family.
“Before this study, we would think about the big risks being tied only to explosion hazards,” Shonkoff said. The research shows that governments also need to focus on exposure to air pollutants, he added.

A Trillion-Dollar Problem
Last year the Biden administration announced a $4.7 billion program to clean up abandoned wells under the 2021 Infrastructure Investment and Jobs Act. Shader of the Pennsylvania DEP said the agency had received $25 million so far in federal funds to plug abandoned wells and hoped to secure nearly $400 million in all. But plugging thousands of abandoned wells in the state would likely cost billions.

Operators in Pennsylvania must post a bond of $2,500 to drill a new well (and up to $25,000 to cover all wells they drill). They forfeit the money to the state if they abandon the well without plugging it, Shader said. But state officials estimate that it costs an average of $33,000 to plug a well, and as much as $800,000 if the job requires clearing years of debris. 11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 6/14 A new bill proposed in the state assembly would allow regulators to raise bond prices to help support remediation efforts. The Pennsylvania Independent Oil and Gas Association recently objected to the legislation, arguing that there was no evidence that operators have been abandoning wells and leaving taxpayers to foot the remediation bill. The association, which represents about 400 operators in the state, did not respond to requests for comment on the study.

Shonkoff says he appreciates that federal funds are being invested in remediation. But with so many abandoned wells across the country and more to come as drilling continues, he adds, it’s really a multitrillion-dollar national problem. For the time being, “we need to get very clear on how to prioritize wells that need to be remediated with the billions of dollars on the table right now,” he said.

In California, Ferrar has identified hundreds of leaking idle wells and infrastructure in Bakersfield and other oil-producing regions in the state but thinks that’s just a fraction of the true count. Although California regulators have required operators to plug many of them, the fixes are temporary because old wells are so leak-prone, he added.

Acting on clear evidence that living, playing and working near active oil and gas operations causes serious health problems, California legislators passed the strongest setback law in the country last year. Regulators stopped implementing protections after an oil industry effort to reverse the law qualified for a referendum on the 2024 general election ballot, although legal experts say the state could simply stop issuing drilling permits near neighborhoods. “This research stresses that we need a setback now more than ever,” Ferrar said.

After the Harpers were killed in 2004, the DEP warned residents that high concentrations of methane in water wells and confined spaces can cause explosions. Now the question remains of whether safety guidance should be issued for state residents living near neglected wells.

Given that many of the wells sampled were emitting harmful gases, sometimes at very high rates, near homes, the study’s authors wrote, “further investigation is necessary to determine whether gas emissions pose an inhalation risk to people living, working, or congregating near abandoned wells.”
For Shonkoff, the new evidence that carcinogens and other toxic air contaminants are being released also underscores an urgent need to move from natural gas to clean energy sources.

Until then, he contends, state regulatory agencies should require the monitoring and disclosure of gas composition throughout the nation’s supply chains. That way, public officials would have the information they need to protect people who might be in harm’s way—and move them before it’s too late.

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Liza Gross
Reporter, West Coast, National Environmental Reporting Network Liza Gross is a reporterforInside Climate News based in Northern California. She is the author of The Science Writers’ Investigative Reporting Handbook and a contributor to The Science Writers’ Handbook, both funded by National Association of Science Writers’ Peggy Girshman Idea Grants. She has long covered science, conservation, agriculture, public and environmental health and justice with 11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 7/14 Related
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a focus on the misuse of science for private gain. Prior to joining ICN, she worked as a part-time magazine editorfor the open-access journal PLOS Biology, a reporterfor the Food & Environment Reporting Network and produced freelance stories for numerous national outlets, including The New York Times, The Washington Post, Discover and Mother Jones. Her work has won awards from the Association of Health Care Journalists, American Society of Journalists and Authors, Society of Professional Journalists NorCal and Association of Food Journalists. [email protected]
11/9/23, 6:48 PM Abandoned Oil and Gas Wells Emit Carcinogens and Other Harmful Pollutants, Groundbreaking Study Shows - Inside Climate News https://insideclimatenews.org/news/06062023/abandoned-oil-gas-wells-health/ 8/14 Shell Agrees to Pay $10 Million After Permit Violations at its Giant New Plastics Plant in Pennsylvania By James Bruggers
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April 2018

Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016:

Abandoned Oil and Gas Wells
In previous versions of this memo released in June and October 2017, and during stakeholder webinars and workshops held in April, June, and August 2017, and March 2018, EPA presented preliminary considerations and sought stakeholder feedback on incorporating an estimate for emissions from abandoned oil and gas wells in the 2018 Inventory of U.S. Greenhouse Gas Emissions and Sinks (GHGI). This version of the memo is updated to document the methodology implemented in the final 2018 GHGI which reflects stakeholder feedback. EPA continues to seek stakeholder feedback to improve estimates for this source (see pages 10–12).

1. Background
Recent studies have investigated methane leakage from abandoned wells in the U.S. The term "abandoned wells" as typically used in published scientific articles and this memo encompasses various types of wells:
• Wells with no recent production, and not plugged. Common terms (such as those used in state databases) might include: inactive, temporarily abandoned, shut-in, dormant, idle. • Wells with no recent production and no responsible operator. Common terms might include: orphaned, deserted, long-term idle, abandoned.
• Wells that have been plugged to prevent migration of gas or fluids.

Emissions from abandoned oil and gas wells were not included in previous GHGIs. Commenters on previous GHGIs supported including this source, but noted that the current data were limited, and suggested reviewing data that will become available in the future. EPA identified studies with emissions and activity data on abandoned wells (Kang et al. 20141, Kang et al. 20162, Townsend-Small et al. 20163, Brandt et al. 20144) and developed an estimate for this source in the 2018 GHGI.

2. Available Emissions Data
EPA identified and reviewed available emissions data to characterize emissions from abandoned wells, including data from the Kang et al. and Townsend-Small et al. studies.

The Kang et al. 2014 study made direct measurements of methane flow rates from 19 wells in Pennsylvania during 2013 and 2014. The wells were not well-documented in state records, so researchers categorized each studied well as plugged or unplugged based on surface observations. The study did not find significantly different emission rates between the two categories. The Kang et al. 2016 study involved additional measurements to fill data gaps from the earlier study. Kang et al. 2016 measured 88 wells and developed emission factors (EFs) for categories observed to exhibit significantly different emissions levels in that data set: well type (gas versus oil or co-producing), plugging status (plugged versus unplugged), and coal area designation (as Pennsylvania requires wells in regions where mineable coal seams exist to be plugged and vented).

Table 1 showing these EFs (in units of grams per hour per well, g/h/well) is reproduced from the Kang et al. 2016 study, with minor edits for clarification in the context of this memo.

1 http://www.pnas.org/content/111/51/18173.full
2 http://www.pnas.org/content/113/48/13636.full, http://www.pnas.org/content/114/29/E6025.full 3 http://onlinelibrary.wiley.com/doi/10.1002/2015GL067623/full 4 http://science.sciencemag.org/content/343/6172/733
April 2018

Table 1. Methane EFs from Kang et al. 2016 Study
Well production
type and coal
area designation
Number of Measured Wells Mean (g/h/well) Standard Error (g/h/well) Unplugged Plugged Unplugged Plugged Unplugged Plugged
All production types
All 53 35 22 15 9.2 10
Coal 17 12 1.2 43 0.99 29
Noncoal 36 23 31 0.45 13 0.28
Oil and combined oil and gas production
All 34 13 0.19 0.33 0.097 0.26
Coal 13 1 0.000011 0.000012 0.00091 n/a
Noncoal 21 12 0.31 0.36 0.15 0.28
Gas production
All 19 22 60 24 24 16
Coal 4 11 5.2 47a 3.9 32
Noncoal 15 11 75 0.54 29 0.51
a - The measured plugged wells in coal areas are vented as required by regulations.

The Townsend-Small et al. study measured emissions from 138 abandoned wells in the Powder River Basin in Wyoming, Denver-Julesburg Basin in Colorado, Uintah Basin in Utah, and Appalachian Basin in Ohio, during 2015.

Townsend-Small et al. developed EFs for categories observed to exhibit significantly different emissions levels:
plugged versus unplugged (including inactive, temporarily abandoned, shut in, dormant, orphaned, and abandoned), and eastern versus western U.S. regions. Table 2 showing these EFs is reproduced from the Townsend-Small et al. study.

Table 2. Methane EFs from Townsend-Small et al. Study
Well Category
Number of
Measured Wells Mean (g/h/well)
95% Upper Confidence
Limit (g/h/well)
All wells (entire U.S.) 138 1.38 3.17
All wells (eastern U.S.) 12 14.00 32.87
All wells (western U.S.) 126 0.18 0.41
Plugged wells (entire U.S.) 119 0.002 0.005
Unplugged wells (entire U.S.) 19 10.02 22.47
Plugged (eastern U.S.) 6 0 NA
Unplugged (eastern U.S.) 6 28.01 64.00
Plugged (western U.S.) 113 0.002 0.005
Unplugged (western U.S.) 13 1.71 3.83
Bold indicates value used in the 2018 GHGI.

EPA considered several options for developing EFs and stratifying the EFs to reflect differences between populations that were observed in studies. EPA considered developing separate factors by plugging status, by region, and/or by production type; and whether and how to combine Townsend-Small et al. and Kang et al. data to develop these EFs. Table 3 shows EFs calculated by combining data from Kang et al. 2016 and Townsend-Small 2016 study measurements for the Appalachian basin. While Kang et al. 2014 did not find significant differences between plugged and unplugged well emissions, both Kang et al. 2016 and Townsend-Small et al. 2016 studies did. Limited emissions data are available to support potentially stratifying EFs based on producing formation or production type. Townsend-Small et al. measured wells in both the east (Appalachian Basin) and newer formations in the west, and observed significantly different emission rates; however, the data available do not include characterization of abandoned wells in other major producing regions such as Texas and California. Kang April 2018

et al. 2016 observed significantly different emission rates between gas and oil/coproducing wells, and between coal and non-coal areas; however, all such data were collected in Pennsylvania, so they might not represent national emissions.

Table 3. Appalachian Basin Methane EFs Developed from Combining Studies Data Source
Number of Measured
Wells Mean (g/h/well)
Plugged wells
Kang et al. 2016 – All production types, noncoal areas 23 0.45 Townsend-Small et al. 2016 – Eastern U.S. 6 0
Combined 29 0.36
Unplugged wells
Kang et al. 2016 – All production types, noncoal areas 36 31 Townsend-Small et al. 2016 – Eastern U.S. 6 28.01
Combined 42 30.57
Bold indicates value used in the 2018 GHGI.

Based on analysis of various options (refer to the October 2017 memo) and stakeholder feedback, EPA calculated abandoned well emissions using the plugging status-specific EFs presented in Table 2 and Table 3 above. EPA applied "Appalachian" unplugged, combined and plugged, combined EFs (Table 3) to abandoned wells in Appalachian Basin region states (Ohio, Pennsylvania, West Virginia, New York, Kentucky, and Tennessee), and applied Townsend-Small "entire U.S." unplugged and plugged EFs to all other abandoned wells. Emission estimates are discussed further and presented in Section 4.

3. Available Activity Data
EPA identified and reviewed available activity data to pair with methane EFs described above. Activity data for this source are counts of abandoned wells in each year of the 1990-2016 time series; counts are subcategorized by attributes to parallel the EFs—i.e., plugging status (plugged vs. unplugged) and location (Appalachia vs. remainder of U.S.).

3.1 Total Abandoned Well Counts
Estimates in the literature for the total national population of abandoned onshore wells in the U.S. in recent years range from over 2.3 million (Townsend-Small et al. 2016) to approximately 3 million (Brandt et al. 2014).

EPA considered multiple approaches to develop the count of total abandoned wells in each year of the time series. For example: (1) Counting the total number of wells existing but no longer reporting production as of a given year; or (2) Counting wells drilled as of a given year, then subtracting the number of actively producing wells in that year (refer to the June 2017 memo for additional information on this approach).

For the 2018 GHGI, EPA used key fields in the DrillingInfo data set to count wells existing but no longer reporting production as of a given year, within the DrillingInfo data set. EPA's current methodology for counting abandoned wells in the DrillingInfo data set in each year is (note, DrillingInfo field names are shown in parentheses):
• Abandoned oil wells: last date of reported production (LAST_PROD_DATE) is before [year], cumulative hydrocarbon liquids production (LIQ_CUM) is greater than zero, and cumulative gas production (GAS_CUM) is either zero or results in gas-to-oil ratio of less than 100 mcf/bbl. • Abandoned gas wells: last date of reported production (LAST_PROD_DATE) is before [year], cumulative gas production (GAS_CUM) is greater than zero, and cumulative hydrocarbon liquids production (LIQ_CUM) is either zero or results in gas-to-oil ratio of equal to or greater than 100 mcf/bbl.

April 2018

• Abandoned dry wells: last date of reported production (LAST_PROD_DATE) is null; and spud date (SPUD_DATE) is before [year], or spud date is null and completion date (COMP_DATE) is before [year]; and status (STATUS) is not reported as injection.

To account for very old wells with installation and abandonment pre-dating DrillingInfo coverage, EPA developed an independent estimate of abandoned wells existing in 1975 through reviewing historical records. The DrillingInfo data set is likely relatively complete beginning ca. 1975, but sparsely populated before this timeframe.

Where available (e.g., for Texas), EPA used data from state online databases containing historical drilling records by year and production type. EPA also compiled estimates such as those published in The Derrick’s Handbook of Petroleum5 and the United States Geological Survey’s (USGS) Mineral Resources of the United States Annual Yearbooks6. Based on historical records, EPA estimates approximately 2.56 million wells (characterized as oil, gas, or dry) had been drilled in the U.S. by 1973 (and could be assumed to be producing in 1975 if not shutdown/dry).

In 1975, approximately 630,000 oil and gas wells were operating in the U.S., based on USGS estimates7. Therefore, EPA estimates 1.93 million abandoned wells existed in 1975 (2.56 million – 630,000 = 1.93 million). See Appendix A for additional details on how this estimate was developed. Based on querying the DrillingInfo data set’s key date fields as described above, 776,000 wells in the DrillingInfo database could be considered abandoned as of 1975 (i.e., had stopped reporting production prior to 1975 or been installed prior to 1975 and never reported production). Comparing the counts (i.e. 1.93 million abandoned wells from analysis of historical records and USGS data, and 776,000 abandoned wells in the DrillingInfo database), EPA estimates that 1.15 million abandoned wells in the U.S. are not captured in the DrillingInfo-based methodology. EPA added this 1.15 million abandoned well count to the DrillingInfo-based total to develop a complete count of abandoned wells existing in each year of the time series, as shown in Section 4.

For the most recent year of the 2018 GHGI time series (year 2016), the DrillingInfo query approach would likely overestimate abandoned well counts, because many wells might be spud and not reporting production—not because they are dry/abandoned, but due to the time required for completion. Therefore, EPA used year 2015 abandoned well counts as a surrogate estimate for year 2016, and will implement a similar approach in future GHGIs (use the next-to-most-recent year as a surrogate for the most recent year).

After developing a total count of abandoned wells, EPA then separated the total abandoned well population into subcategories based on plugging status to assign appropriate EFs (as discussed in Section 2). Considerations toward plugging status assignment are discussed further in Section 3.2.

Lastly, EPA separated the abandoned well population into state groupings to assign region-specific EFs, as discussed in Section 2. Both the historical data sets and the DrillingInfo data set provide counts at a state level which are used to develop activity data for such an approach.

3.2 Plugging Status Assignment
EPA considered several data sources to generate the estimated split between plugged and unplugged abandoned well counts for each year.

5 The Derrick's Handbook of Petroleum: A Complete Chronological and Statistical Review of Petroleum Developments From 1859 to 1898 (V.1), (1898-1899) (V.2)
6 https://minerals.usgs.gov/minerals/pubs/usbmmyb.html
7 http://images.library.wisc.edu/EcoNatRes/EFacs2/MineralsYearBk/MinYB1975v1/reference/econatres.minyb1975v1.gkoelling.pdf (Table 6) and http://images.library.wisc.edu/EcoNatRes/EFacs2/MineralsYearBk/MinYB1975v1/reference/econatres.minyb1975v1.wharper.pdf (Table 10)
April 2018

Townsend-Small et al. offer limited observations that might be considered a “snapshot” of plugging status based on wells encountered for testing in year 2015 in the eastern and western U.S. As shown in Table 2 above, 50 percent of the 12 eastern wells tested were plugged; and 90 percent of the 126 western wells tested were plugged. The Kang et al. 2016 Pennsylvania study observed that of the 88 wells sampled, 40 percent were plugged. For both studies, due to the relatively small sample size compared to the national abandoned wells population and other factors of study design (e.g., certain wells could not be located based on records, and certain wells could not be physically accessed), other data sets or approaches might better represent the national population split between plugged and unplugged for purposes of developing GHGI estimates.

For the 2018 GHGI, EPA used status codes in the DrillingInfo database to split the population of abandoned wells into the plugged and unplugged categories. The DrillingInfo database contains the reported status for nearly 3.6 million wells. The status code is updated on an ongoing basis as reported to states (i.e., is not modified or standardized by DrillingInfo); the definition of a given status code might vary by state. As of early 2017, over 95 percent of well records in the DrillingInfo database report the status codes identified in the left-most column of Table 4. EPA identified status codes assumed to represent abandoned wells (e.g., inactive, P&A, abandoned, shut in, plugged), then assigned the count of wells reporting each such code as plugged or unplugged. The right-most column of Table 4 indicates assigned plugging status using an approach that considers wells with the status codes “P&A (plugged and abandoned)” and “PLUGGED” to be plugged. EPA continues to seek feedback on how to assign plugging status, particularly for codes with * in this column; as a default approach, EPA currently assigns "unplugged" status to these codes.

Table 4. DrillingInfo Status Codes Reported as of Early 2017 Status Code
Number of Wells
(millions)
Percent of All
Wells in
DrillingInfo
Abandoned Well
Assigned Plugging
Status
INACTIVE 1.5 42% Unplugged*
ACTIVE 0.9 27% n/a
P&A (plugged and abandoned) 0.7 20% Plugged
DRY 0.1 3% Unplugged*
ACTIVE INJ (active injection) 0.07 2% n/a
ABANDONED 0.03 1% Unplugged*
EXPIRED PERMIT 0.03 1% n/a
SHUT IN 0.02 1% Unplugged*
PLUGGED 0.02 1% Plugged
All other codes 0.1 1% *
* EPA seeks stakeholder feedback on assigning as plugged or unplugged. n/a – Status code does not indicate likely abandonment.

This approach allowed EPA to approximate the split representing the most recent time series year. Using the assigned plugging status values shown in the last column of Table 4, 69 percent of abandoned wells are considered unplugged, and 31 percent of abandoned wells plugged, in year 2016. Since this data set likely does not include the oldest wells in the U.S., this value might over-estimate the fraction of the well population that is currently plugged. Because this approach is based on the most recent available state data as compiled by DrillingInfo, it reflects impacts of state- or industry-led plugging efforts (e.g., orphaned well plugging programs8), assuming that plugging status is generally kept up to date in state databases.

8 Examples include California's Idle and Orphan Well Program; Louisiana's Oilfield Site Restoration Program; Michigan's Orphan Well Program; Ohio's Orphan Well Program; Pennsylvania's Abandoned and Orphan Well Plugging Program.

April 2018

Regarding the status code “INACTIVE” in the DrillingInfo database, the vast majority of wells reporting this code are not included in the GHGI active well count data. Some wells with INACTIVE status might also report production within a given calendar year, and therefore be counted in the GHGI as active wells. However, the current methodology presented in this memo avoids double counting of wells between the abandoned wells and the active wells categories in the GHGI. The methodology discussed here for activity data relies on the DrillingInfo status field only for estimating the abandoned wells population split between plugged and unplugged. The approach discussed in this memo to develop national estimates of abandoned wells excludes any wells that report production within the given year. The current GHGI estimates emissions from wells that report production within a given year. Therefore, implementing the GHGI update as described in this memo does not result in doublecounting of wells as both active and abandoned.

The National Petroleum Council (NPC) Paper #2-259, released in 2011, describes the historical evolution of plugging approaches and effectiveness. Oil and gas drilling in the U.S. began in Pennsylvania in 1859, and 1893 in Texas. For decades, regulations regarding plugging did not exist. Over time, states began instituting guidance and regulations regarding plugging; but in the meantime, wells were being drilled with very limited documentation of locations, etc. Regulations grew more stringent in the 1950s, requiring cement for sealing the producing intervals and the top of the wellbore. Prior to the 1950s, thousands of wells were left unplugged or ineffectively plugged (e.g., using very little cement). In the 1970s, regulations developed further to focus on environmental protection.

According to NPC, “modern regulatory standards in all U.S. jurisdictions require specific provisions for plugging and documenting oil and natural gas wells before they are abandoned. Most wells are still plugged with cement using methods and materials developed in the 1970s.”
To develop estimates for fraction of wells plugged in each year of the 1990-2016 time series, EPA developed an assumption that in 1950, all abandoned wells were effectively unplugged (based on the above information on historical practices), applied the percentage of wells plugged (31 percent) in 2016 developed from the DrillingInfo analysis, and applied linear interpolation for 1990-2015. While various programs and efforts have identified and plugged some abandoned wells, due to the estimated order of magnitude of these very old wells (approximately 2 million), most of this population might still be unplugged or ineffectively plugged. This assumption is generally supported by the DrillingInfo analysis discussed above (two-thirds of abandoned wells are unplugged as of 2016).

4. 2018 GHGI Estimates of Methane from Abandoned Wells
Table 5 shows estimates of total abandoned wells developed by querying the DrillingInfo data set and incorporating an assessment of historical data sources, as described in Section 3.1.

Table 6 shows estimates of abandoned well counts by production type. EPA allocated the total abandoned well counts shown in Table 5 to gas and oil production categories to support incorporation into the GHGI natural gas and petroleum systems source categories, respectively, using the following methodology:
• The abandoned wells not included in the DrillingInfo database (i.e., counted based on review of historical data sources) are reported by production type within the historical data source—as gas, oil, or dry. EPA assigned gas wells as gas wells, and oil wells as oil wells (as data are not consistently available to assign production type using the GOR-based method used for wells in the GHGI). • For wells resulting from the DrillingInfo query surrounding date of last production, EPA applied the existing GHGI convention to analyze the cumulative reported production from each well—if the ratio of

9 https://www.npc.org/Prudent_Development-Topic_Papers/2-25_Well_Plugging_and_Abandonment_Paper.pdf April 2018

cumulative gas to oil production exceeded 100 mcf/bbl, EPA counted the well as gas; otherwise, it was counted as oil.
• For wells resulting from the DrillingInfo query to count wells reporting spud date but no production, EPA assigned these wells as “dry.”
• Lastly, for the total count of “dry” wells in a given year (from historical data sources and DrillingInfo), EPA allocated such wells to gas and oil categories based on the split already calculated for such year.

Table 7 shows estimates of abandoned well counts by production type and plugging status, using the approach described in Section 3.2 (assuming 100 percent unplugged in 1950, 69 percent unplugged in 2016, and interpolation to assign the split in intermediate years).

Table 8 shows estimated emissions from abandoned wells across the time series once region-specific activity allocation and EFs are applied; "Appalachian" EFs (Table 3) apply to abandoned wells in the Appalachian Basin region (within Ohio, Pennsylvania, West Virginia, New York, Kentucky, and Tennessee), while Townsend-Small "entire U.S." EFs apply to all other abandoned wells. Between 1990 and 2016, 28–30% of abandoned gas wells, and 23–26% of abandoned oil wells, are estimated to be located in Appalachia.

April 2018

Table 5. Estimates of Total Abandoned Wells Over the GHGI Time Series (millions) Year '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 '15 '16 DrillingInfo (Raw) 1.22 1.25 1.28 1.31 1.34 1.37 1.40 1.42 1.45 1.48 1.52 1.54 1.57 1.59 1.61 1.63 1.65 1.68 1.70 1.73 1.76 1.79 1.82 1.85 1.90 1.96 1.96 Not included in DrillingInfoa 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 Totalb 2.37 2.40 2.43 2.46 2.49 2.52 2.55 2.57 2.60 2.63 2.67 2.69 2.72 2.74 2.76 2.78 2.80 2.83 2.85 2.88 2.91 2.94 2.97 3.00 3.05 3.11 3.11 a – Based on assessment of historical data sources including Derrick’s Handbook of Petroleum and the USGS Mineral Resources of the United States Annual Yearbooks, as described in Section 3.1.
b – Previous rows show rounded values; totals shown may not equal sum.

Table 6. Estimates of Total Abandoned Wells Over the GHGI Time Series, by Production Type (millions) Year '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 '15 '16 Totala 2.37 2.40 2.43 2.46 2.49 2.52 2.55 2.57 2.60 2.63 2.67 2.69 2.72 2.74 2.76 2.78 2.80 2.83 2.85 2.88 2.91 2.94 2.97 3.00 3.05 3.11 3.11 Gasb 0.32 0.32 0.33 0.34 0.34 0.35 0.35 0.36 0.36 0.37 0.37 0.38 0.39 0.39 0.40 0.40 0.41 0.42 0.43 0.44 0.45 0.47 0.48 0.50 0.52 0.55 0.55 Oilb 2.05 2.07 2.10 2.12 2.15 2.17 2.19 2.22 2.24 2.26 2.30 2.31 2.33 2.35 2.36 2.38 2.39 2.41 2.42 2.44 2.46 2.47 2.49 2.51 2.52 2.56 2.56 a – Rounded values; totals shown may not equal sum of rows below. b – Including allocated dry hole counts.

Table 7. Estimates of Plugged and Unplugged Abandoned Wells Over the GHGI Time Series, by Production Type Year '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 '15 '16 Total (millions)a 2.37 2.40 2.43 2.46 2.49 2.52 2.55 2.57 2.60 2.63 2.67 2.69 2.72 2.74 2.76 2.78 2.80 2.83 2.85 2.88 2.91 2.94 2.97 3.00 3.05 3.11 3.11 Unplugged (%) 81% 81% 80% 80% 79% 79% 79% 78% 78% 77% 77% 76% 76% 75% 75% 74% 74% 73% 73% 72% 72% 72% 71% 71% 70% 70% 69% Plugged (%) 19% 19% 20% 20% 21% 21% 21% 22% 22% 23% 23% 24% 24% 25% 25% 26% 26% 27% 27% 28% 28% 28% 29% 29% 30% 30% 31% Gasb(millions) 0.32 0.32 0.33 0.34 0.34 0.35 0.35 0.36 0.36 0.37 0.37 0.38 0.39 0.39 0.40 0.40 0.41 0.42 0.43 0.44 0.45 0.47 0.48 0.50 0.52 0.55 0.55 Unplugged 0.26 0.26 0.27 0.27 0.27 0.27 0.28 0.28 0.28 0.28 0.29 0.29 0.29 0.29 0.30 0.30 0.30 0.31 0.31 0.32 0.33 0.33 0.34 0.35 0.37 0.38 0.38 Plugged 0.06 0.06 0.06 0.07 0.07 0.07 0.08 0.08 0.08 0.08 0.09 0.09 0.09 0.10 0.10 0.10 0.11 0.11 0.12 0.12 0.13 0.13 0.14 0.15 0.16 0.17 0.17 Oilb(millions) 2.05 2.07 2.10 2.12 2.15 2.17 2.19 2.22 2.24 2.26 2.30 2.31 2.33 2.35 2.36 2.38 2.39 2.41 2.42 2.44 2.46 2.47 2.49 2.51 2.52 2.56 2.56 Unplugged 1.67 1.68 1.69 1.70 1.71 1.71 1.72 1.73 1.74 1.75 1.76 1.76 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.77 1.78 1.77 Plugged 0.38 0.40 0.41 0.43 0.44 0.46 0.47 0.49 0.50 0.52 0.54 0.55 0.57 0.58 0.60 0.61 0.63 0.64 0.66 0.67 0.69 0.70 0.72 0.74 0.75 0.78 0.79 a – Rounded values; totals shown may not equal sum of rows below. b – Including allocated dry hole counts. Rounded values; totals shown may not equal sum of rows below.

Table 8. Estimates of Abandoned Well CH4 Emissions over GHGI Time Series (MMT CO2e) Year '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 '15 '16 Totala 6.50 6.54 6.58 6.62 6.65 6.68 6.71 6.73 6.76 6.79 6.84 6.85 6.86 6.87 6.87 6.88 6.88 6.89 6.90 6.92 6.94 6.95 6.97 7.01 7.06 7.156 7.11 Gas 0.90 0.91 0.92 0.93 0.95 0.96 0.97 0.97 0.98 0.99 1.01 1.01 1.02 1.03 1.04 1.05 1.07 1.08 1.10 1.12 1.16 1.18 1.21 1.25 1.30 1.37 1.36 Oil 5.60 5.63 5.66 5.68 5.71 5.73 5.74 5.76 5.78 5.80 5.84 5.84 5.84 5.83 5.83 5.83 5.82 5.81 5.80 5.79 5.78 5.77 5.77 5.76 5.76 5.79 5.75 a – Rounded values; totals shown may not equal sum of rows below.

April 2018

5. 2018 GHGI Estimates of CO2 from Abandoned Wells
CO2 emission estimates for select time series years are published in EPA's Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2016 (April 2018). EPA developed abandoned well CO2 EFs using the CH4 EFs and an assumed ratio of CO2-to-CH4 gas content, similar to the approach used to calculate CO2 emissions for many sources in Petroleum Systems and Natural Gas Systems. For abandoned oil wells, EPA used the Petroleum Systems default production segment associated gas ratio of 0.020 MT CO2/MT CH4, which was derived through API TankCalc modeling runs. For abandoned gas wells, EPA used the Natural Gas Systems default production segment CH4 and CO2 gas content values (GRI/EPA 199610, GTI 200111) to develop a ratio of 0.044 MT CO2/MT CH4.

6. 2018 GHGI Uncertainty Estimate for Abandoned Wells
The development of the uncertainty range surrounding abandoned wells emissions estimates is documented in EPA's Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2016 (April 2018). To characterize uncertainty surrounding estimates of abandoned well emissions, EPA conducted a quantitative uncertainty analysis using the IPCC Approach 2 methodology (Monte Carlo simulation technique). EPA used Microsoft Excel's @RISK add-in tool to estimate the 95 percent confidence bound around total methane emissions from abandoned oil and gas wells, then applied the calculated bounds to both CH4 and CO2 emissions estimates for each population. The @RISK add-in provides for the specification of probability density functions (PDFs) for key variables within a computational structure that mirrors the calculation of the inventory estimate. EPA used measurement data from the Kang et al. (2016) and Townsend-Small et al. (2016) studies to characterize the CH4 emission factor PDFs. For activity data inputs (e.g., total count of abandoned wells, split between plugged and unplugged), EPA assigned default uncertainty bounds of +/- 10% based on expert judgment.

The results presented below in Table 9 provide the 95 percent confidence bound within which actual emissions from abandoned oil and gas wells are likely to fall for the year 2016, using the recommended IPCC methodology.

Table 9. Quantitative Uncertainty Estimates for CH4 and CO2 Emissions from Abandoned Wells (MMT CO2e and Percent)
Source Gas
Year 2016
Emission
Estimate
(MMT CO2e)
Uncertainty Range Relative to Emission Estimate
Lower Bound
(MMT CO2e)
Upper Bound
(MMT CO2e)
Lower Bound
(%)
Upper Bound
(%)
Abandoned oil wells CH4 5.8 1.0 18.1 -83% +215%
Abandoned gas wells CH4 1.4 0.2 4.3 -83% +215%
Abandoned oil wells CO2 0.005 0.001 0.015 -83% +215%
Abandoned gas wells CO2 0.007 0.001 0.022 -83% +215%

10 GRI/EPA (1996) Methane Emissions from the Natural Gas Industry. Prepared by Harrison, M., T. Shires, J. Wessels, and R.

Cowgill, eds., Radian International LLC for National Risk Management Research Laboratory, Air Pollution Prevention and Control Division, Research Triangle Park, NC. EPA-600/R-96-080a. 11 GTI (2001) Gas Resource Database: Unconventional Natural Gas and Gas Composition Databases. Second Edition. GRI01/0136.

April 2018

7. Additional Considerations

7.1 Emission Factors
Recent studies summarized in this memorandum suggest additional considerations (listed below) regarding the representativeness of the data used to develop EFs. EPA will review additional data relevant to these research questions as data emerge.
• What is the impact of nearby production or storage on emissions from abandoned wells? • Are average emissions rates from abandoned wells in unstudied major production areas in the U.S. (e.g., Texas) similar to those in studied areas?
• What further subcategorization (e.g., well plugging timeframe, well type) is appropriate for EF development?
• How do methane flow rates from abandoned wells vary over long periods of time? Regarding the last consideration above, for purposes of developing an estimate in the GHGI, EPA currently assumes that abandoned wells leak over long periods of time at relatively steady rates, based on available data. In the Townsend-Small et al. data set, 6 out of 138 wells were found to have measurable emissions in 2015. Based on available records, three such wells were completed prior to the 1950s, and therefore likely became abandoned several years, or even decades, prior to the TownsendSmall et al. measurement campaign (the state does not have a record of the last reported production for these wells). This supports an assumption that even very old wells (that produced in the late 1800s and early 1900s) might continue to leak over long periods of time, if left unplugged or ineffectively plugged.

Kang et al. 2016 conducted repeat measurements over a time span of two years and observed that flow rates of high emitters are sustained through that period of time.

7.2 Activity Data
Recent studies also suggest additional considerations (listed below) regarding the representativeness and completeness of activity data estimates that might be used in the GHGI. EPA will review additional relevant data as they emerge.
• What is the magnitude of undocumented abandoned wells? • Should certain types of wells be included in the national count—for example, injection wells drilled for enhanced oil recovery, and dry wells?
• What data sources and methodology might be used to estimate national total activity for vented abandoned wells, such as the coal area wells measured in the Kang studies in Pennsylvania? Do other states have similar venting requirements as Pennsylvania?

8. Requests for Stakeholder Feedback
The EPA initially sought feedback on the questions below in the version of this memo released October 2017. The EPA discusses feedback received, and further planned improvements to the GHGI methodology, in Chapter 3.8 of the Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2016 (April 2018). The EPA continues to welcome additional stakeholder feedback on these questions for potential updates to future GHGIs.

1. What additional data sources are available to estimate EFs for abandoned wells?

2. How might region-specific EFs be used to estimate national emissions?

3. What subcategories of abandoned wells should be represented in the GHGI (taking into account data availability and differences between emissions rates for subcategories). For example:

April 2018

o plugging status
o production type (e.g., oil, gas, dry, injection, other) o region (e.g., state or basin)
o unplugged wells abandoned while shut-in versus while orphaned (i.e., no responsible owner on record, usually applying to very old wells)
o other?

4. What additional data sources and methods are available to estimate the total population of wells abandoned prior to 1990 (considering that the production phase of many such wells likely pre-dates DrillingInfo coverage)?

5. What additional data sources or methodologies might be appropriate to estimate the total population of abandoned wells existing in each year of the time series (1990–2016)? o Section 3.1 discusses an approach in which certain DrillingInfo date fields are analyzed to count abandoned wells as of a given year (in particular, the reported date of spud/completion and of last production). A count of wells not included in the DrillingInfo data set is currently developed from historical data sources (based on review of Derrick’s Handbook of Petroleum, the USGS Mineral Resources of the United States Annual Yearbooks, and/or EIA historical drilling records). This value is added to the abandoned well counts developed from DrillingInfo. Activity data developed by this approach for various time series years are presented in Table 5. EPA seeks feedback on this approach. o What other data sources and/or methodologies might EPA consider?

6. For the most recent year of the 2018 GHGI time series (year 2016), the DrillingInfo query approach described in Section 3.1 might overestimate abandoned well counts, because many wells might be spud and not reporting production—not because they are dry/abandoned, but due to the time required for completion. Therefore, EPA currently uses year 2015 abandoned well counts as a surrogate estimate for year 2016, and plans to apply a similar approach in future GHGIs (use the next-to-most-recent year as surrogate for most recent year). EPA seeks feedback on this approach or other approaches to consider.

7. Are additional data sources or methodologies available to estimate the split between plugged and unplugged wells existing in each year of the time series (1990–2016)? o Section 3.2 discusses available data in the DrillingInfo database to characterize wells in recent year(s), an NPC 2011 paper to characterize wells in early years, and an interpolation approach that might be used. EPA seeks feedback on this approach, including on how might the DrillingInfo “Status” field be interpreted to indicate plugging status, considering the list of most commonly reported status codes described in Table 4. EPA currently implements an approach that identifies status codes that represent abandoned wells (e.g., inactive, P&A, abandoned, shut in, plugged), then assigns the count of wells reporting each such code as plugged or unplugged. The right-most column of Table 4 indicates assigned plugging status that considers wells with the status codes “P&A (plugged and abandoned)” and “PLUGGED” to be plugged. EPA seeks feedback on how to potentially improve accuracy in assigned plugging status, particularly for codes with * in this column. o What other data sources and/or methodology might EPA consider?

8. Based on the discussion of historical plugging effectiveness in Section 3.2, what year (e.g., 1950) might be appropriate to assume that zero percent of existing abandoned wells were effectively plugged (such an estimate would serve as a tie point for use in interpolation to develop plugged versus unplugged activity fractions)?

9. What data are available to answer the research questions posed in Section 7, regarding additional considerations for calculating emission estimates for this source? April 2018

10. Are there any additional ongoing or planned studies related to abandoned wells that may be incorporated to refine future GHGIs?

11. Are data sources and methods available to estimate EFs and activity data for related derelict infrastructure (e.g., flow lines)?
April 2018

Appendix A.

Development of independent estimate of abandoned wells existing in 1975 through reviewing historical records
Table A-1 shows estimates compiled from historical data sources of wells drilled in each state, by production type (including dry), from 1871 to 1973. Where available (e.g., for Texas), EPA used data from state online databases containing historical drilling records by year and production type. For most counts, EPA relied on estimates published in United States Geological Survey’s (USGS) Mineral Resources of the United States Annual Yearbooks. Note that these state-level estimates were compiled for the purpose of developing a national-level total. In several instances, historical data sources presented counts for a combined set of states, and the table below attributes counts to one of the multiple states represented; therefore, the state-level totals shown below might be inaccurate for certain states, although the national totals would not be impacted. The righthand column of Table A-1 generally notes where this occurred.

Table A-2 shows estimates from USGS of wells producing in each state, by production type, as of 1975.

To develop an estimate of abandoned wells existing in 1975, EPA subtracted the total producing oil and gas wells as of 1975 from the total drilled by 1973 (wells drilled by 1973 were assumed to be producing by 1975, if not shutdown).
2,556,411 (wells drilled, see Table A-1) – 630,697 (wells producing, see Table A-2) = 1,925,714 abandoned wells in 1975.

April 2018

Table A-1. Wells Drilled by State and Production Type (1871-1973) State Gas Oil Dry Citation Notes
AK 56 66 559 State dataa
AL 33 512 121 State datab
AR 1,527 14,120 9,016 USGSc
State datad were also reviewed; USGS appeared to be
more complete.

CA 2,388 77,518 19,975 USGSc
CO 1,943 5,240 12,764 USGSc
Includes some UT, WY wells (states reported together
in USGS for certain years)
FL 0 214 445 State datae EPA analysis attributed O&G wells to oil.

IL 1,263 66,910 39,721 USGSc
IN 9,668 26,662 19,895 USGSc
Derrick's Handbookf data were also reviewed; USGS
appeared to be more complete.

KS 17,485 95,786 65,115 USGSc
KY 8,351 42,594 29,168 USGSc
LA 14,684 63,249 45,887 USGSc
MI 2,263 11,082 13,942 USGSc
MS 434 5,807 9,166 USGSc
ND 1 1,250 1,686 USGSc
NE 133 3,648 8,131 USGSc
MT 1,839 8,355 9,004 USGSc
NM 9,032 21,943 8,949 USGSc
NY 2,458 4,434 1,079 USGSc
Partial totals, some counts included in PA total (states reported together in USGS for certain years). Derrick's Handbookf data were also reviewed.

OH 24,515 101,447 32,974 USGSc
Partial totals, some counts included in PA total (states reported together in USGS for certain years). Derrick's Handbookf data were also reviewed.

OK 22,535 195,237 87,437 USGSc
State datag were also reviewed; USGS seemed more
complete.

PA 46,289 272,674 49,394 USGSc
Includes some OH, NY, WV wells (states reported
together in USGS for certain years). State datah and
Derrick's Handbookf data were also reviewed.

SD 0 41 344 USGSc
TN 121 380 855 USGSc
TX 79,716 447,527 277,630 State datai
,
USGSc
State datai where available, otherwise USGS.

UT 5 2 17 USGSc Partial totals, some wells included with WY and CO.

VA 321 34 135 State dataj
WV 28,951 26,094 11,727 USGSc
Partial totals, some counts included in PA total (states reported together in USGS for certain years).

WY 1,675 17,333 13,430 USGSc
Partial totals, some counts included in CO total (states reported together in USGS for certain years).

Subtotal 277,686 1,510,159 768,566
Total 2,556,411
a. Alaska Oil and Gas Conservation Commission, http://doa.alaska.gov/ogc/publicdb.html b. Geological Survey of Alabama, Oil & Gas Board, https://www.gsa.state.al.us/ogb/ April 2018

c. United States Geological Survey’s (USGS) Mineral Resources of the United States Annual Yearbooks, https://minerals.usgs.gov/minerals/pubs/usbmmyb.html
d. Arkansas Geological & Conservation Commission, "List of Oil & Gas Wells - Data From November 1, 1936 to January 1, 1955.", http://www.geology.ar.gov/pdf/IC-10%20SUPPLEMENT_v.pdf e. Florida Department of Environmental Protection - Oil and Gas Program, http://www.dep.state.fl.us/water/mines/oil_gas/index.htm f. The Derrick's Handbook of Petroleum: A Complete Chronological and Statistical Review of Petroleum Developments From 1859 to 1898 (V.1), (1898-1899) (V.2) g. "Oklahoma Oil: Past, Present, and Future." Oklahoma Geology Notes, Oklahoma Geological Survey v. 62 no. 3, 2002 pp .97-106
h. Pennsylvania Department of Environmental Protection, Oil and Gas Reports - Oil and Gas Operator Well Inventory. http://www.portal.state.pa.us/portal/server.pt/community/oil_and_gas_reports/20297 i. Texas Railroad Commission, Oil and Gas Division, "History of Texas Initial Crude Oil, Annual Production and Producing Wells, Crude Oil Production and Well Counts (since 1935)." http://www.rrc.state.tx.us/oilgas/research-and-statistics/production-data/historical-production-data/crude-oil-production-and-well-countssince-1935/ j. Virginia Department of Mines Minerals and Energy, "Wells Drilled for Oil and Gas in Virginia prior to 1962.", Virginia Division of Mineral Resources, https://www.dmme.virginia.gov/commercedocs/MRR_4.pdf.

April 2018

Table A-2. Producing Wells by State and Production Type in 1975 from USGS Data12 State Gas Oil
AK 61 205
AL 9 608
AR 1,128 7,308
AZ 1 28
CA 1,585 41,029
CO 1,662 2,450
FL 0 143
IL 41 23,373
IN 478 4,798
KS 8,865 41,945
KY 7,386 13,905
LA 9,182 27,734
MD 15 0
MI 209 3,655
MO 3 163
MS 248 2,237
MT 1,235 3,247
ND 18 1,994
NE 19 1,190
NM 10,352 13,715
NV 0 6
NY 900 4,975
OH 10,382 16,611
OK 9,769 71,576
PA 17,500 32,095
SD 20 38
TN 5 172
TX 26,184 160,603
UT 271 1,323
VA 186 7
WV 21,700 13,750
WY 950 9,450
Subtotal 130,364 500,333
Total 630,697

12 http://images.library.wisc.edu/EcoNatRes/EFacs2/MineralsYearBk/MinYB1975v1/reference/econatres.minyb1975v1.gkoelling. pdf (Gas wells, Table 6); and
http://images.library.wisc.edu/EcoNatRes/EFacs2/MineralsYearBk/MinYB1975v1/reference/econatres.minyb1975v1.wharper.p df (Oil wells, Table 10)
SANTA MARIA HOLIDAY INN EXPRESS TIA PEER REVIEW • SM HOLIDAY INN TIA PEER REVIEW • 12.15.2023 1

SANTA MARIA HOLIDAY INN EXPRESS TIA PEER
REVIEW
DATE: December 22, 2023
TO: Jiten Patel | Lotus Management Inc.

FROM: Jim Damkowitch & Daniel Block & Sylinda Villado | DKS Associates SUBJECT: Santa Maria Holiday Inn Express TIA Peer Review Project #P24559-000 This memorandum reviews and confirms the approach to address SB 743 as performed for the proposed Santa Maria Holiday Inn Express development in the City of Santa Maria. This review as performed in accordance with the standards of care, best practices, and established procedures in the traffic engineering profession including compliance with the City of Santa Maria’s VMT Analysis Procedures as well as state guidance on SB 743 implementation.

SB 743 VMT ANALYSIS REVIEW

VMT ANALYSIS
The TIA points out, OPR’s guidance does not specifically address hotels, but the City’s VMT Analysis Procedures (page 25) include hotel as an example of a retail land use:
“Retail VMT – Measure net VMT within boundary, and determine threshold based on net change. “Retail” uses include, but are not limited to, supermarkets, restaurants, gas stations, wineries, agriculture tourism, and hotels. Public and recreational uses such as parks, hospitals, libraries, and public services may also be assessed in this way, if needed.” While the City’s VMT Analysis Procedures include a screening threshold for local-serving retail projects smaller than 50,000 sq. ft. (the maximum size for screening recommended by OPR), the proposed project is stated to be 56,049 square feet. Given that hotel floor area does not emulate typical retail floor area in terms of trip generation of patrons, a trip generation to floor area correspondence assessment relating these two land uses was documented by ATE.

Based on the ITE Trip Generation Manual, 11th Edition, the proposed project is estimated to generate 743 daily trips with 93 rooms at 56,049 square feet. Based on its trip generation characteristics, the proposed hotel would need to be equivalent to a retail center of 20,007 square feet to generate the same number of trips, which is below the City’s VMT screening threshold of 50,000 square feet (TABLE 1). Based on this comparison, the proposed Holiday Inn Express project meets the City’s VMT retail size screening threshold. Therefore, VMT analysis is not required.

Attachment 2
SANTA MARIA HOLIDAY INN EXPRESS TIA PEER REVIEW • SM HOLIDAY INN TIA PEER REVIEW • 12.15.2023 2
TABLE 1: EQUIVALENT SITE ESTIMATION
LAND USE ITE CODE UNITS a SIZE AVG. RATE

ESTIMATED

WEEKDAY DAILY
TRIP

GENERATION
HOTEL (PROPOSED) 310 Rooms 93 7.99 743

SHOPPING CENTER
(EQUIVALENT) 820 KSF GLA 20.07 37.01 743

SHOPPING CENTER
(MAXIMUM VMT

SCREENING THRESHOLD)
820 KSF GLA 50.01 37.01 1,851
a KSF GLA - Thousand Feet Gross Leasable Area
Source: ITE Trip Generation Manual, 11th Editon

PEER REVIEW FINDING
DKS supports the need to perform a hotel/retail trip generation to floor area correspondence assessment for the proposed Holiday Inn Express development and agrees that this analysis and finding was performed in accordance with the standards of care, best practices, and established procedures in the traffic engineering profession including compliance with the City of Santa Maria’s VMT Analysis Procedures.