2 Colo. Code Regs. § 404-1-427

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

Section 2 CCR 404-1-427 - DUST

a. Operators will submit a dust mitigation plan for all Oil and Gas Operations on Oil and Gas Locations and lease access roads, that demonstrates one or more methods of meeting the requirements of this Rule 427 as an attachment to their Form 2As, as required by Rule 304.c.(5). 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 427.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. Such plans will include at least the following information:

(1) Soil type;

(2) Proposed vehicle speed limit to minimize dust;

(3) Total area of soil disturbance (in acres);

(4) Whether access roads are paved;

(5) Number of anticipated truck trips during each stage of wellpad construction, drilling, completion, and production;

(6) A plan for suppressing fugitive dust caused solely by wind; and

(7) A list of Best Management Practices that will be used. Such practices may include, but are not limited to:

A. The use of speed restrictions;

B. Regular road maintenance; and

C. Restricting construction activity during high wind days.

b. Operators will minimize fugitive dust caused by their operations, or dust originating from areas disturbed by their Oil and Gas Operations that becomes windborne.

(1) If at any time, an Operator is not in compliance with this Rule 427.b, the Operator will cease ongoing truck traffic or other operations causing fugitive dust, until the Operator has performed dust suppression activities that the Director determines substantially and adequately control dust. If an Operator disagrees with the Director's determination, it may appeal to the Commission pursuant to Rule 901.a.(3).

(2) Compliance with a dust minimization plan submitted pursuant to Rule 427.a does not relieve an Operator of complying with this Rule 427.b.

c.Applying Dust Suppressant.

(1) Operators will not use any of the following fluids for dust suppression:

A. Produced water;

B. E&P Waste or hazardous waste;

C. Crude oil or any oil not specifically designed for road maintenance;

D. Solvents; and

E. Any process Fluids.

(2) Operators will use only fresh water (potable or non-potable) to conduct dust suppression activities within 300 feet of the ordinary high-water mark of any water body.

(3) Operators will maintain safety data sheets ("SDS") for any chemical-based dust suppressant, and make the SDS available immediately upon request to the Director and to the Local Government. Operators will maintain SDS for any chemical-based dust suppressant until the site passes final site Reclamation, and transfer the records upon transfer of property ownership.

d. Within 2,000 feet of Building Units, or High Priority Habitat, the Commission may require additional dust control measures as a condition of approval, including, but not limited to:

(1) Constructing wind breaks and barriers;

(2) Automation of Wells to reduce truck traffic;

(3) Road or facility surfacing; and

(4) Soil stockpile stabilization measures.

e.Cumulative Dust Impacts. Based on review of dust mitigation plans submitted pursuant to Rule 427.a, the Commission may require Operators to adopt additional dust mitigation requirements to reduce cumulative dust impacts, based on the following considerations:

(1) The number of anticipated truck trips for the Oil and Gas Facility seeking Commission approval combined with the number of anticipated truck trips at any other Oil and Gas Locations within a 1-mile radius during the same time period;

(2) Whether the truck traffic for the Oil and Gas Facility seeking Commission approval will use any of the same unpaved roads as truck traffic for any other Oil and Gas Facility; and

(3) Whether there are other major sources of dust in the area, which may or may not be Oil and Gas Facilities, which will result in the area bearing a cumulative dust risk that could harm public health, safety, welfare, the environment, or wildlife resources, including impacts to plants, such as burial or significant damage to photosynthetic processes.

2 CCR 404-1-427

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