2 Colo. Code Regs. § 404-1-912

Current through Register Vol. 47, No. 19, October 10, 2024

Section 2 CCR 404-1-912 - SPILLS AND RELEASES

a.General.

(1) Immediately upon discovering any Spills or Releases of E&P Waste, produced Fluids, or unauthorized Releases of natural gas that meet the criteria of Rules 912.b.(1).H, I, or J, regardless of size or volume, Operators will control and contain the Spill or Release to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

(2) Operators will investigate, clean up, and document impacts resulting from Spills and Releases as soon as the impacts are discovered.

(3) The Director may require the Operator to perform any action the Director determines to be necessary and reasonable to prevent or mitigate adverse impacts on any air, water, soil, or biological resource caused by a Spill or Release.

(4) Operators will document and maintain records to demonstrate compliance with the concentration levels in Table 915-1, and, if surface water or Groundwater are impacted, WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b.

(5) For any Spills or Releases that do not meet the reporting requirements of Rule 912.b, Operators will document cleanup efforts and provide documentation of the cleanup to the Director upon request.

b.Reporting Spills or Releases of E&P Waste, Gas, or Produced Fluids.

(1)Report to the Director. Operators will submit an initial report ("24 Hour Notification") of a Spill or Release of E&P Waste, natural gas, or produced Fluids that meet any of the following criteria to the Director verbally, via electronic mail, or on a Form 19, Spill/Release Report - Initial within 24 hours of discovery, unless otherwise specified below.

A. A Spill or Release of any size that impacts or threatens to impact any Waters of the State, Public Water System, residence or occupied structure, livestock, wildlife, or publicly-maintained road;

B. A Spill or Release in which 1 Barrel or more of E&P Waste or produced Fluids is spilled or released outside of berms or other secondary containment;

C. A Spill or Release of 5 Barrels or more of E&P Waste or produced Fluids regardless of whether the Spill or Release is completely contained within berms or other secondary containment.

D. Within 6 hours of discovery, a Grade 1 Gas Leak. For a Grade 1 Gas Leak from a Flowline, the Operator also must submit the Form 19 - Initial, document number on a Form 44, Flowline Report, for the Grade 1 Gas Leak.

E. The discovery of 10 cubic yards or more of impacted material resulting from a current or historic Spill or Release. Discovery and reporting will not be contingent upon confirmation samples demonstrating exceedance of Table 915-1 standards.

F. The discovery of impacted Waters of the State, including Groundwater. Discovery and reporting will not be contingent upon confirmation samples demonstrating exceedance of Table 915-1 standards. The presence of free product or hydrocarbon sheen on Groundwater or surface water is reportable. The presence of contaminated soil in contact with Groundwater or surface water is reportable.

G. A suspected or actual Spill or Release of any volume where the volume cannot be immediately determined, including a Spill or Release of any volume that daylights from the subsurface.

H. A Spill or Release resulting in vaporized hydrocarbon mists that leave the Oil and Gas Location or Off-Location Flowline right of way from an Oil and Gas Location and impacts or threatens to impact off-location property.

I. A Release of natural gas that results in an accumulation of soil gas or gas seeps.

J. A Release that results in natural gas in Groundwater.

(2) The 24 Hour Notification to the Director will include, at a minimum,

A. The specific location of the Spill or Release, including latitude and longitude;

B. Certification that the Operator provided additional party notifications as required by Rules 912.b.(7)-(10), below;

C. A description of any threat to Waters of the State, Public Water Systems, residences or occupied structures, livestock, wildlife, air quality, or publicly-maintained roads from the Spill or Release; and

D. Any information available to the Operator about the type and volume of Fluid or waste involved, including whether it is controlled or uncontrolled at the time of the 24 Hour Notification.

(3) If the Operator did not submit the 24 Hour Notification through a Form 19 - Initial, the Operator will submit a Form 19 - Initial no less than 72 hours after discovery of the Spill or Release unless the Director extends the timeframe in writing.

(4) In addition to the Form 19 - Initial, the Operator will file a Form 19 - Supplemental not more than 10 days after the Spill or Release is discovered that includes:

A. A topographic map showing the governmental section and location of the Spill or Release, or an aerial photograph showing the location of the specific Spill or Release site.

B. All pertinent information about the Spill or Release known to the Operator that has not been reported previously, including photo documentation showing the source of the Spill or Release, the impacted area, and initial cleanup activity; and

C. Information relating to the initial mitigation, site investigation, and Remediation measures conducted by the Operator.

D. Global Positioning System data that meets the requirements of Rule 216 if latitude and longitude data provided pursuant to Rule 912.b.(2).A did not meet the requirements of Rule 216.

(5) The Director may require any Form 19 - Supplemental reports or information the Director determines are necessary.

(6) No later than 90 days after a Spill or Release is discovered, the Operator will have submitted, and obtained the Director's approval of either:

A. A Form 19 - Supplemental requesting closure pursuant to Rule 913.h and supported by adequate documentation to demonstrate that the Spill or Release has been fully cleaned up and complies with Table 915-1; or

B. A Form 27 if any of the criteria listed in Rules 912.b.(6).B.i-iii apply. If Remediation will continue under an approved Form 27, the Operator will also submit a Form 19 - Supplemental which requests closure of the Spill or Release and includes the Remediation project number assigned by the Director.

i. A Form 27 is required by the Commission's Rules;

ii. Cleanup or Remediation will continue for longer than 90 days after the Spill or Release was discovered; or

iii. The Director requests a Form 27.

C. On the Form 19 - Supplemental or Form 27 submitted pursuant to this Rule 912.b.(6), the Operator will provide information about general liability insurance pursuant to Rule 705.

(7)Notification to Local Governments. At the same time the Operator makes the 24 Hour Notification, the Operator will provide verbal or written notification to the entity with jurisdiction over emergency response within the local municipality if the Spill or Release occurred within a municipality or the local county if the Spill or Release did not occur within a municipality. The notification will include, at a minimum, the information listed in Rule 912.b.(2).

(8)Notification to the Surface Owner. The Operator will provide verbal or written notification to the affected Surface Owner or the Surface Owner's appointed tenant concurrent with providing the 24 Hour Notification.

A. If the Surface Owner cannot be reached within 24 hours, the Operator will continue to make good faith efforts to notify the Surface Owner until notice has been provided.

B. The verbal or written notification will include, at a minimum, the information listed in Rule 912.b.(2).

C. The Operator will document the notification including the name of the person contacted, phone number or email of contact, date, and time on the Form 19 - Initial and update the information as necessary on the Form 19 -- Supplemental.

(9)Report to Environmental Release/Incident Report Hotline. Operators will report a Spill or Release of any size that impacts or threatens to impact surface waters to the Director and to the Environmental Release/Incident Report Hotline (1-877-518 -5608). Spills and Releases that impact or threaten a Public Water System intake, as described in Rules 411.a.(4) & 411.b.(5), will be verbally reported to the emergency contact for that facility concurrent with providing the 24 Hour Notification to the Director pursuant to Rule 912.b.(1).

(10) At the same time the Operator submits a Form 19 - Initial, the Operator will provide verbal or written notification to CPW if the Spill or Release occurred within 300 feet of surface Waters of the State, or within High Priority Habitat.

(11) Reporting Chemical Spills or Releases. Operators will report Chemical Spills and Releases pursuant to applicable state and federal laws, including the Emergency Planning and Community Right-to-Know Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Oil Pollution Act, and the Clean Water Act.

c.Remediation of Spills or Releases.

(1) The Director may require Operators to submit a Form 27 if the Director identifies any threatened or actual adverse impacts to any air, water, soil, wildlife, or other environmental resource from a Spill or Release, or if necessary to ensure compliance with the concentration levels in Table 915-1 and WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b.

(2) Not including initial emergency response operations, the Operator will notify and consult with any affected Surface Owners, or the Surface Owner's appointed tenant, prior to commencing operations to remediate a Spill or Release in an area not being utilized for Oil and Gas Operations. It is the Operator's burden to timely notify and negotiate access with the Surface Owner. Failure to do so will not relieve the Operator from its responsibility to commence or complete Remediation approved by the Director.

d.Spill and Release Prevention.

(1) Operators will determine and document the cause of a Grade 1 Gas Leak or Spill or Release of E&P Waste or produced Fluids. After identifying the cause, Operators will implement measures to prevent Spills or Releases due to similar causes in the future, and document all changes made.

(2) The Director may take enforcement action if a Spill occurs at any site subject to control of the same Operator as a result of similar causes identified in Rule 912.d.(1).

(3) Operators will provide documentation of the Spill or Release evaluation and any steps taken to prevent Spills or Releases due to similar causes in the future to the Director upon request.

e.Suspected Spill or Release Closure.

(1) Operators will submit a Supplemental Form 19 providing documentation that any suspected Spill or Release reported pursuant to Rule 912.b.(1).G did not exceed any applicable reporting thresholds. The Operator will clean up any actual Spill below the reporting threshold of Rule 912.b pursuant to the requirements of Rule 912.a.(5).

(2) If the suspected Spill or Release reported pursuant to Rule 912.b.(1).G did in fact exceed any reporting threshold identified in Rule 912.b.(1), the Operator will clean up the Spill pursuant to the requirements of Rule 912.c.

f.Changes of Operator. Within 60 days of the Director's approval of a Form 9, Transfer of Operatorship - Subsequent pursuant to Rule 218.e, the Buying Operator will submit a supplemental Form 19 designating the responsible Operator for each open Spill and Release.

2 CCR 404-1-912

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