2 Colo. Code Regs. § 404-1-913

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

Section 2 CCR 404-1-913 - SITE INVESTIGATION, REMEDIATION, AND CLOSURE

a.Applicability. This Rule 913 applies to the investigation, Remediation, and reporting required for Spills and Releases, Remediation projects, and decommissioning of Oil and Gas Facilities. All site investigation, Remediation, and closure operations will be conducted in accordance with the Commission's Rules, including the Commission's 1000 Series Rules.

b.General Site Investigation and Remediation Requirements.

(1)Site Investigation and Remediation Workplan. Operators will submit and obtain the Director's approval of a Form 27 whenever it is required by the Commission's Rules, prior to commencing the operations addressed by the Form 27.

(2)Sampling and Analyses. Operators will conduct sampling and analysis of soil and Groundwater pursuant to Rule 915 to determine the horizontal and vertical extent of any contamination in excess of the cleanup concentrations in Table 915-1 or in WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b.

A. Sampling and analyses will be required to profile E&P Waste, delineate extent of contamination, and confirm compliance with applicable standards upon completion of Remediation.

B. Laboratory method detection limits must be less than or equal to Table 915-1 or WQCC Regulation 41 standards, as incorporated by reference in Rule 901.b.

C. Composite sample results may be submitted for preliminary analysis and waste profiling. Discrete sample results will be required for confirmation sampling.

(3)Management of Investigation-Derived Waste. Investigation-Derived Waste will be managed pursuant to Rules 905 or 906.

(4)Pit Evacuation. Prior to site investigation and Remediation, E&P Waste will be treated or disposed pursuant to Rule 905.

(5)Remediation.

A. Remediation will be performed in a manner that reduces or removes contamination that exceeds the cleanup concentrations in Table 915-1 or in WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b, and that protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

B. When conducting Remediation activities, Operators will conform to the following standards:

i. Operators will fence or cover open excavations to prevent access when sites are not attended.

ii. Operators will protect topsoil, consistent with the Commission's 1000 Series Rules.

iii. Operators will minimize surface disturbance.

iv. Operators will properly store, handle, and manage all E&P Waste to prevent contamination of stormwater, surface water, Groundwater, and soil.

v. If Remediation occurs within High Priority Habitat, the Operator will incorporate Best Management Practices protective of the relevant wildlife species or habitat in the Operator's Form 27.

C. Groundwater that does not meet the cleanup concentrations in Table 915-1 or WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b, will be remediated pursuant to a Form 27.

(6)Surface Reclamation. If the Director approves the closure of a Remediation project, the Operator will reclaim the site(s) pursuant to the Commission's 1000 Series Rules.

c.Form 27, Site Investigation and Remediation Workplan. Operators will prepare and obtain the Director's approval of a Form 27 prior to conducting the following operations and Remediation activities:

(1) Pit or Cuttings Trench closure;

(2) Buried or partially buried vessel closure, which will be by removal;

(3) Remediation of Spills and Releases pursuant to Rule 912;

(4) Land Treatment of Oily Waste pursuant to Rule 905.e;

(5) Closure of Centralized E&P Waste Management Facilities pursuant to Rule 907.h;

(6) Remediation of impacted Groundwater pursuant to Rule 915.e.(3).D, and the contaminant concentrations in Table 915-1;

(7) Investigation and Remediation of natural gas in soil or Groundwater;

(8) When requested by the Director due to any potential risk to soil, Groundwater, or surface water; and

(9) Decommissioning of Oil and Gas Facilities.

d.Implementation Schedule. Each Form 27 will include a specific implementation schedule to complete investigation and Remediation.

(1) Operators will investigate impacts to soil, Groundwater, and surface water as soon as the impacts are discovered.

(2) Any change from the approved implementation schedule will be requested at least 14 days in advance, and the Operator may not make the change without the Director's approval.

e.Reporting Schedule. After initial approval of a Form 27, the Operator will provide quarterly update reports in a Supplemental Form 27 to document progress of site investigation and Remediation, unless an alternative reporting schedule has been requested by the Operator and approved by the Director. The Director may request a more frequent reporting schedule based on site-specific conditions.

(1) Operators may not change the reporting schedule without the Director's approval.

(2) By April 15, 2021, Operators of existing Remediation projects approved prior to January 15, 2021 will submit a Supplemental Form 27 with a detailed project summary and status.

(3) For existing Remediation projects approved prior to January 15, 2021, the Operator will adopt a quarterly reporting schedule unless a more frequent or specific reporting schedule was already approved by the Director.

(4) At least one of the Operator's quarterly reports each calendar year will address the adequacy of general liability insurance held by the Operator pursuant to Rule 705, or Financial Assurance otherwise provided by the Operator, to fully address the anticipated costs of Remediation.

f.Discovery of a Spill or Release During Closure. If a Spill or Release is discovered during facility closure operations, the Operator will report it to the Director on a Form 19 pursuant to Rule 912.

g.Changes of Operator. Within 60 days of the Director's approval of a Form 9 - Subsequent pursuant to Rule 218.e, the Buying Operator will submit a supplemental Form 27 designating the responsible Operator for all open Remediation projects.

h.Closure.

(1) Remediation will be considered complete when the Operator has demonstrated compliance with:

A. The cleanup concentrations in Table 915-1;

B. WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b, if applicable; and

C. Any condition of approval of a Form 27.

(2) An Operator may request a variance pursuant to Rule 502 to comply with an alternative standard in lieu of one or more of the standards in Rules 913.h.(1).A & C. In addition to applying for a variance, the Operator will also submit a Form 27 demonstrating that their alternative clean-up process protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources.

(3) For contaminated groundwater where periodic monitoring has been required, closure may not occur until after 4 consecutive quarters of sampling and analysis demonstrating compliance with Table 915-1 and WQCC Regulation 41 numeric and narrative Groundwater quality standards and classifications, as incorporated by reference in Rule 901.b, if applicable.

(4) Notification of Completion. Within 30 days after conclusion of site Remediation activities:

A. Operators conducting Remediation operations pursuant to an approved Form 27 will submit to the Director a Supplemental Form 27 containing documentation sufficient to demonstrate compliance with the Commission's Rules.

B. Operators will coordinate with the Director through a Form 4 regarding additional surface Reclamation required by the Commission's 1000 Series Rules, if applicable.

i.Release of Financial Assurance. Financial Assurance required by Rule 706 may be held by the Director until the required Remediation of soil and/or Groundwater impacts is completed in accordance with the approved workplan, or until cleanup goals are met.

2 CCR 404-1-913

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