2 CCR 404-1-904 - EVALUATING CUMULATIVE IMPACTS

a. No later than January 15, 2022, and annually by May 15 thereafter, the Director will report the following information to the Commission based on consultation with CDPHE, CPW, and the Department of Natural Resources:

(1) A report from the Director about:

A. Data gathered regarding anticipated and existing impacts in the Cumulative Impacts Data Evaluation Repository ("CIDER"), including but not limited to data regarding impacts to Wildlife Resources, including High Priority Habitat, and a comparison of water volume data reported pursuant to Rules 315.a.(2).C.iv and 431.b; and

B. Information regarding reclamation during the prior year, including Wells plugged and Locations that achieved final reclamation pursuant to Rule 1004, and information regarding interim reclamation pursuant to Rule 1003;

(3) Information from the APDC or AQCC regarding the information reported pursuant to AQCC Regulation No. 7 in the oil and gas emissions inventories, including a summary of the NOx and Greenhouse Gas Intensity Targets identified in approved Oil and Gas Development Plans, Form 2Bs, Form 2Fs, and Form 4s;

(5) Information regarding evolving or new innovative technologies or measures, including technologies and measures employed by Operators during the prior year, that may provide innovative methods to reduce emissions or otherwise avoid, minimize, or mitigate adverse Cumulative Impacts to public health, safety, welfare, the environment, or wildlife resources;

(6) Any reports prepared or published by other Governmental Agencies or academic research institutions that provide relevant information about avoiding, minimizing, or mitigating adverse Cumulative Impacts to public health, safety, welfare, the environment, or wildlife resources;

(7) Any additional information that is requested by the Commission or that the Director determines is relevant to avoiding, minimizing, or mitigating adverse Cumulative Impacts to public health, safety, welfare, the environment, and wildlife resources; and

(8) Any recommendations for future rulemakings, guidance, work groups, or studies to address Cumulative Impacts to public health, safety, welfare, the environment, or wildlife resources and any air, water, soil, or Biological Resources based on the information presented pursuant to Rules 904.a.(1)-(7).

b. As a condition of approving an Oil and Gas Development Plan pursuant to Rule 307.b.(1), the Commission may require an Operator to participate in studies evaluating cumulative impacts of oil and gas development that is related to an Oil and Gas Location approved pursuant to the Oil and Gas Development Plan, or the impacts of that Oil and Gas Location.

(1) The studies may be conducted in consultation with CDPHE, CPW, the Public Utilities Commission, the Colorado Energy Office, or other third parties.

(2) Participation in the study may involve providing data, conducting investigations, performing monitoring, or other methods of gathering data, supplying data to the Director, or providing the Director or other authorized party access to a physical location. An Operator participating in a study will provide all data and other information gathered as part of the study to the Director upon request. Participation in a study will not require an Operator to fund the study, unless the Operator chooses to provide funding voluntarily.

c. The Commission may establish an informational docket on its own motion pursuant to Rule 503.a. Through the informational docket, the Commission may solicit general or specific information necessary and reasonable to evaluate the cumulative impacts of Oil and Gas Operations. Participation in the informational docket will not require payment of a docket fee or filing fee.

Notes

2 CCR 404-1-904

37 CR 16, August 25, 2014, effective 9/30/2014 38 CR 01, January 10, 2015, effective 2/14/2015 38 CR 03, February 10, 2015, effective 3/2/2015 38 CR 07, April 10, 2015, effective 4/30/2015 38 CR 16, August 25, 2015, effective 9/14/2015 39 CR 04, February 25, 2016, effective 3/16/2016 41 CR 05, March 10, 2018, effective 4/1/2018 41 CR 06, March 25, 2018, effective 5/1/2018 41 CR 23, December 10, 2018, effective 12/30/2018 42 CR 02, January 25, 2019, effective 2/14/2019 42 CR 17, September 10, 2019, effective 9/30/2019 42 CR 24, December 25, 2019, effective 1/14/2020 43 CR 17, September 10, 2020, effective 9/30/2020 43 CR 13, July 10, 2020, effective 11/2/2020 43 CR 24, December 25, 2020, effective 1/15/2021 45 CR 07, April 10, 2022, effective 4/30/2022 45 CR 09, May 10, 2022, effective 5/30/2022 45 CR 13, July 10, 2022, effective 7/30/2022 47 CR 22, November 25, 2024, effective 12/15/2024