2 Colo. Code Regs. § 404-1-1105

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-1105 - ABANDONMENT

1105.a. A flowline or crude oil transfer line remains subject to all of the requirements in Rules 1101 through 1104 until the operator completes all abandonment requirements set forth below.

1105.b. Upon removing a flowline or crude oil transfer line from use with the intent to abandon, an operator must immediately apply OOSLAT to the risers. OOSLAT must stay in place at all times during the process of abandoning the flowline or crude oil transfer line until the operator removes the riser.

1105.c.Isolation. When abandoning a flowline or crude oil transfer line, operators must permanently remove a flowline or crude oil transfer line from operation by physically separating it from all sources of fluids or pressure within the time frame set forth in Section 1004.a.

1105.d.Pre-abandonment notice requirements for flowline or crude oil transfer line for inspection.Operators must remove the flowline or crude oil transfer line and its risers, the riser associated with cathodic protection, and above-ground equipment, except where abandonment in place is less impactful as articulated in subparts (2) and (3).

(1) For on-location flowlines, the operator must submit notice to the Director of the scheduled date for commencing abandonment with a Field Operations Notice, Form 42 - Abandonment of Flowlines no less than 30 days before the operator will commence abandonment.

(2) If the off-location flowline or crude oil transfer line will be removed or abandoned in place pursuant to one of the following exceptions, the operator must submit notice to the Director of the scheduled date for commencing abandonment that includes appropriate documentation. The operator must submit the notice and appropriate documentation no less than 30 days before the operator will commence abandonment. The Director may review the notice, if necessary, to determine whether the proposed abandonment process is less impactful to public health, safety, welfare, the environment and wildlife resources. The Director's determination, if any, must be completed within 30 days of receiving the notice. Abandonment in place is allowed pursuant to the process in this section if:

A. A surface owner agreement executed by a surface owner allows abandonment in place;

B. The line is subject to the jurisdiction of the federal government, and the relevant federal agency directs abandonment in place;

C. The flowline or crude oil transfer line is co-located with other active pipelines or utilities or is in a recorded right of way;

D. Removal of the flowline or crude oil transfer line would cause significant damage to natural resources, including wildlife resources, topsoil, or vegetation;

E. The flowline or crude oil transfer line is in a restricted surface occupancy area or sensitive wildlife habitat;

F. The flowline or crude oil transfer line or a segment of the line crosses or is within 30 feet of a public road, railroad, bike path, public right of way, utility corridor, or active utility or pipeline crossing;

G. The flowline or crude oil transfer line or a segment of the line crosses or is within 30 feet of or under a river, stream, lake, pond, reservoir, wetlands, watercourse, waterway, or spring; or

H. The operator demonstrates and quantifies that the removal of the flowline or crude oil transfer line will cause significant emissions of air pollutants.

(3) An operator may request abandonment in place for off-location flowlines or crude oil transfer lines for reasons other than those articulated in section (2). The operator must request abandonment in place by submitting to the Director a Flowline Report, Form 44, no less than 30 days before the operator plans to commence abandonment. The Flowline Report must include documentation demonstrating that abandonment in place, considering any mitigation measures or best management practices, will be less impactful to public health, safety, welfare, the environment, and wildlife resources than removal. The Director may not approve the request for abandonment in place for the line or a portion thereof unless the Director finds that abandonment in place causes less impacts to public health, safety, welfare, the environment, and wildlife resources than removal.

(4) Unless waived, the operator must provide notice to the surface owner and the relevant local government simultaneously with submitting notice to the Director pursuant to this Rule 1105.d. The local government or surface owner must provide their comments to the Director within 15 days of receipt, regarding the proposed abandonment's impacts to public health, safety, welfare, the environment, and wildlife resources.

1105.e.Abandonment in place requirements. For a flowline or crude oil transfer line abandoned in place, the operator must:

(1). Evacuate the flowline or crude oil transfer line of any hydrocarbons or produced water to ensure the line is safe and inert;

(2). Deplete the flowline or crude oil transfer line to atmospheric pressure;

(3). Cut the flowline's or crude oil transfer line's risers to three (3) feet below grade or to the depth of the flowline or crude oil transfer line, whichever is shallower;

(4). Seal the ends of the flowline or crude oil transfer line below grade;

(5). Remove above-ground cathodic protection and equipment associated with the riser; and

(6). Include pressure test results conducted in the prior 12 months as well as identification of any document numbers for a COGCC Spill/Release Report, Form 19, associated with the abandoned line with the Flowline Report, Form 44, submitted pursuant to Rule 1105.f.(2); and

(7). For an off-location flowline or crude oil transfer line abandoned in place pursuant to Rule 1105.d.(2), the operator must submit documentation supporting the applicable reason for abandonment in place with the Flowline Report, Form 44, submitted pursuant to Rule 1105.f.(2).

1105.f.Abandonment Verification. Within 90 days of an operator completing abandonment requirements for a flowline or crude oil transfer line, an operator must submit:

(1) A Field Operations Notice, Form 42 - Abandonment of Flowlines, to the Director for an on-location flowline. If the operator conducted a pressure test as part of the abandonment, a copy of the pressure test shall be submitted with the Report of Abandonment, Form 6 - Subsequent.

(2) A Flowline Report, Form 44, to the Director for an off-location flowline or crude oil transfer line, which must include:

A. Geographic Information System (GIS) data that includes line alignment, if such GIS data has not been submitted to the Commission for the line;

B. An account of the manner in which the abandonment work was performed;

C. Copies of any pressure test results run as part of the abandonment shall be submitted with the Form 44 for off-location flowlines and crude oil transfer lines; and

D. If the line was abandoned in place, verification performed by a third party who:

i. Observed that the abandonment requirements of Rule 1105.e.(1)-(4) were met; and

ii. Is a Professional Engineer registered with the State of Colorado, working under the supervision of a Professional Engineer registered with the State of Colorado, or has specific training and experience abandoning lines in accordance with the requirements of Rule 1105.

1105.g. The Director will provide a Field Operations Notice, Form 42 - Abandonment of Flowlines, for an on-location flowline abandonment or a Flowline Report, Form 44, filed pursuant to Rule 1105.f. for an off-location flowline or crude oil transfer line abandonment to the appropriate Local Governmental Designee and CO 811.

2 CCR 404-1-1105

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