From The Glenwood Springs Post Independent: "Colorado Oil and Gas Conservation Commission (COGCC) members' tentative endorsement of several new rules last week and last month may garner the attention of several states as they look to regulate the ongoing energy boom in the American West, the head of the agency said Friday. Dave Neslin, acting director of the COGCC, said several states may look to Colorado about how to regulate that energy boom after the commission's initial endorsement of several rules that he said 'mark some new approaches on some issues.'"
More from the article:
The rules Neslin cited would mandate that companies inform the state of which chemicals are being used at a drilling location, encourage operators to use a comprehensive drilling plan and require companies in three counties in northwest Colorado to use green completion techniques. That is a process that recovers gas that would otherwise be vented or flared during the completion phase of a natural gas well...
Colorado's oil and gas commission has given tentative approval to about 80 rules during five hearings in August and last week. Commission members based much of their provisional votes on rule language drafted by agency staff. "Our final recommendations reflected a lot of input from different parties," said Neslin, adding those parties included the energy industry, environmental organizations and local governments like Garfield County. "The commission certainly gave thoughtful and thorough deliberation to the rules it acted upon." Two more days of hearings will be held on Sept. 22 and Sept. 23. That is when commissioners are expected to begin deliberation on wildlife and waste pit rules, which have engendered the most criticism and controversy during the state's current rule-making process...
COGCC staff began work on the new rules in August of last year. That process began because of legislation the legislature passed last year that required the agency to expand its focus to consider public health and wildlife impacts, and require the use of best management practices to minimize harm from oil and gas development. Ken Wonstolen, an attorney with Fulbright & Jaworski and legal counsel for the Colorado Oil and Gas Association, said there is "no question" that the proposed rules are some of the "most restrictive" ever proposed by a state. "There isn't another state in the union that provides for general public comment on drilling permits," he said. He was referring to a rule that would allow a 20-day comment period on all drilling permit applications, along with individual notice to the surface owner and individuals who own property within 500 feet. As the rule-making process has moved forward in August and September, Wonstolen said there has been some movement forward to include industry's suggestions and wording into agency staff's final rule recommendations. "In terms of actual wording, the staff recommendations probably incorporated more wording from industry alternatives than other parties," he said. "But I think the commissioners have given a fair hearing to the issues raised by all of the parties."
Here's a list of some of the proposed rules from The Independent:
The Colorado Oil and Gas Conservation Commission (COGCC) held more than 30 hours of deliberations during three days of hearings last week. Here is a snapshot of what they tentatively decided:
- On Tuesday, the commissioners signed off on a rule that would encourage oil and gas companies to draft comprehensive drilling plans identifying future drilling locations. Those plans would be crafted with the Colorado Department of Public Health and Environment and the Colorado Division of Wildlife. Local government and surface owners would be invited to participate in the drafting of those plans. It is voluntary for companies to draft such plans. But if they go forward with them, they can gain incentives from the state, like possible fast-tracking of drilling permits through the COGCC's permitting process.
The commissioners also gave preliminary approval to a rule that would keep the minimum distance a drilling rig may be placed near a home at 150 feet. However, a stakeholder group is expected to meet in January and report back to the commission in April about possibly increasing that setback distance.
- On Wednesday, commissioners endorsed a rule that would mandate that energy companies operating in Mesa, Garfield, Gunnison and Rio Blanco counties receive approval for each new well pad they may place in those counties.
- On Thursday, commissioners tentatively approved rules requiring energy companies to notify landowners in areas where drilling will occur. Those rules also allow people whose property will be subject to drilling to request a hearing with the commission if they allege any kind of violation. However, adjacent landowners would not be able to request a hearing.
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