2 Colo. Code Regs. § 404-1-424

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

Section 2 CCR 404-1-424 - LIGHTING

a. Operators will submit a light mitigation plan as an attachment to their Form 2As, pursuant to Rule 304.c.(3). An Operator may submit substantially equivalent information or plans developed through a Local Government land use process or federal process in lieu of the information required by this Rule 424.a unless the Director or Commission determines that the information or plan developed through the Local Government land use process or federal process is not equivalent.

(1) All light mitigation plans will be signed by a person with relevant expertise in light mitigation techniques and design.

(2) All light mitigation plans will address:

A. A pre-production facility lighting plan demonstrating one or more proposed methods of ensuring compliance with Rule 424.c, and:

i. That provides adequate lighting to ensure safety during active operations involving personnel; and

ii. The proposed anticipated location, mounting, height, and orientation of all outdoor lighting fixtures on the site during pre-production activities.

iii. Nothing in this Rule 424.a.(2).A prevents an Operator from using ad hoc temporary portable lighting when necessary for safety reasons during pre-production activities, provided that the Operator otherwise complies with the standards in Rules 424.b-f.

B. A Production Facility lighting plan demonstrating one or more proposed methods of ensuring compliance with Rules 424.d & e, and:

i. The location, mounting, height, and orientation of all outdoor lighting fixtures on the site;

ii. A table that calculates the total lumen output of all fixtures combined; and

iii. Cut sheets of light fixtures that demonstrate Backlight, Uplight, and Glare ("BUG") rating, lumen output, and fully shielded design; and

iv. For any location with a Building Unit within 2,000 feet, a photometric plan estimating or calculating the illuminance, measured in lux, 100 feet outside the facility boundary;

C. The Operator's capability of meeting all requirements of this Rule 424 through one or more proposed methods;

D. The location of the resources and receptors listed in Rules 424.c & d; and

E. Square footage of the Working Pad Surface for purposes of demonstrating compliance with Rule 424.d.(2).

b.Lighting Standards.

(1) Operators will direct site lighting downward and inward, such that no light shines above a horizontal plane passing through the center point light source.

(2) Operators will use appropriate technology within fixtures that obscures, blocks, or diffuses the light to reduce light intensity outside the boundaries of the Oil and Gas Facility.

(3) Operators will use Best Management Practices to minimize light pollution and obtrusive lighting, which may include, but are not limited to:

A. Minimizing lighting when not needed using timers or motion sensors;

B. Using full cut-off lighting;

C. Using lighting colors that reduce light intensity; and

D. Using low-glare or no-glare lighting.

c.Pre-Production Facility Lighting.

(1) At all Oil and Gas Facilities with active operations involving personnel, Operators will provide sufficient on-site lighting to ensure the safety of all persons on or near the site.

(2) If the facility has a noise barrier, Operators will locate the facility lighting beneath the noise barrier, except for drilling rig lights, which will be shielded and pursuant to Federal Aviation Administration permit requirements if applicable. Operators will take precautions to ensure that lights do not shine out of openings in the noise barrier.

(3) Prior to the Commencement of Production Operations, Operators will take all necessary and reasonable precautions to ensure that lighting from Oil and Gas Facilities does not unnecessarily impact the health, safety, and welfare of any of the following:

A. Persons occupying Building Units within 2,000 feet of the Oil and Gas Facility;

B. Motorists on roads within 2,000 feet of the Oil and Gas Facility; and

C. Wildlife occupying any High Priority Habitat within 2,000 feet of the Oil and Gas Facility.

d.Production Phase Facility Lighting When Personnel Are On-Site.

(1) After the Commencement of Production Operations, at all Oil and Gas Facilities with active operations involving personnel, Operators will provide sufficient on-site lighting to ensure the safety of all persons on or near the site.

(2) After the Commencement of Production Operations, when active operations involving personnel are occurring, Oil and Gas Facilities will not exceed the following maximum permissible light levels.

LAND USE	Lumens per square foot of Working Pad Surface
Residential /Rural/State Parks/State Wildlife Areas/High Priority Habitat/Wilderness Areas/National Park/National Monument	1.25
Commercial/Agricultural	2.5
Light Industrial	5.0
Industrial	7.5

(3) The basis for determining land use designation pursuant to be Rule 424.d.(2) will be the Relevant Local Government's land use or zoning designation. The Director may consult with a Relevant or Proximate Local Government to identify the type of land use of the Oil and Gas Location and its surrounding area, taking into consideration any applicable zoning or other local land use designation.

A. To protect public safety and welfare, the Director may require Operators to comply with a lower maximum permissible light level in areas zoned industrial, light industrial, or commercial, if the Oil and Gas Facility will be within 2,000 feet of a Residential Building Unit or High Occupancy Building Unit.

B. The Director may require Operators to comply with a lower maximum permissible light level based on the consultation process with Relevant and Proximate Local Governments, CDPHE, or CPW required by Rules 302.g, 309.e, & 309.f.

C. In a light mitigation plan submitted pursuant to Rule 424.a, an Operator may request a higher maximum permissible light level than would otherwise be allowed by Rule 424.d.(2), if the Operator demonstrates that both the Relevant and any Proximate Local Governments agree to the higher maximum permissible light level. The Director may apply that higher maximum permissible light level as long as the requested level is protective of public safety, public welfare, and wildlife.

e.Production Phase Facility Lighting When Personnel Are Not On-Site. After the Commencement of Production Operations, Operators will minimize continuous on-site lighting when personnel are not present.

f.Cumulative Light Impacts. Operators will develop site lighting to reduce cumulative nighttime light intensity from all Oil and Gas Facilities to 4 lux at any Residential Building Unit or High Occupancy Building Unit within 1 mile of any Oil and Gas Facility, measured at 5.5 feet above grade in a direct line of sight to the brightest light fixture onsite.

2 CCR 404-1-424

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