Oil and gas production has a number of negative impacts, including air and water pollution, greenhouse gas emissions, habitat destruction, and health effects. These impacts become amplified if they occur in areas that are already affected by other polluting activities. The Colorado legislature recognized this and passed Senate Bill 181 in 2019, requiring the state agency that regulates the oil and gas industry (Energy and Carbon Management Commission or ECMC) to address “cumulative” impacts, that is the impact of a new facility in the context of pollution from already existing sources and foreseeable other new sources. The ECMC failed to act. After the passage of two more bills (HB23-1294; HB24-1346) that forced the issue, the ECMC has now embarked on a rulemaking to measure and address cumulative impacts.
Unfortunately, the new rules are lacking in several respects. Some of the critical shortcomings are noted below:
- The new rules fail to protect disproportionately impacted communities (communities that are already affected by environmental, economic, and social factors) in a manner that is required by law.
- They do not require oil and gas operators to clearly document the already existing impacts in an area; without this information, it would be impossible to conduct a proper cumulative impacts analysis.
- The rules impose an arbitrary 1-mile radius for cumulative impacts consideration when it is clear that impacts to airsheds, watersheds, and sensitive wildlife habitats extend beyond this distance.
- Oil and gas production is the top contributor to ozone pollution in the state. Yet, the rules fail to reduce precursors of ozone pollution like nitrogen oxides in the manner required by law.
- There are no clear criteria by which new permits would be denied. Without clear criteria, all important decisions are left to the future and the rules are basically toothless.
The ECMC staff published a draft of the rules in June 2024. Several stakeholders, including community groups, environmental organizations, local governments, and oil and gas producers commented on these rules. The ECMC staff generated a new set of rules in August 2024. Unfortunately, the August version is considerably weaker than the June version. Virtually all of the industry’s suggestions were adopted while none of the community groups’ or environmental organizations’ suggestions were.
The Sierra Club is an official “party” to the rulemaking, so our lawyer has formally submitted comments. However, it is important for individuals to provide their own comments, either in writing or preferably in 2-3-min long presentations at the ECMC virtual (zoom) hearings at the following times.
If you choose to provide comments, and we hope you do, please do not indicate that you are speaking on behalf of the Sierra Club. This is because the Sierra Club is a formal “party” to the rulemaking and there are strict rules about the nature of communications from parties.
You can submit written comments to the Commission, or you can attend a public comment session on Zoom during the rulemaking hearing and give a 2-3 minute oral comment.
Submit your written comment by August 27 at 7:00 pm at this link
Register in advance to give oral comments in the hearing:
- For the 9:00 am September 3 public comment session, register here by August 29 at 2 pm. Note: Enter “self” as your organization.
- For the 5:30 pm September 4 public comment session, register here by September 3 at 2 pm. Note: Enter “self” as your organization.
For more information:
Colorado Sun article on weakening of rules from June to August
Prehearing Statements (folder where statements from parties about the June rules are contained)
Responses to Prehearing Statements (folder with parties’ responses to the new rules and others’ prehearing statements)