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Arapahoe County Commission Proposed Amendments to Oil and Gas Regulations Online Comment - 5:30 PM

Arapahoe County is asking for public input on proposed stricter oil and gas regulations in Arapahoe County.

Read the proposed regulations on the Arapahoe County
  webpage.

Consider the details in Save the Aurora Reservoir (STAR)'s analysis:

With the state Energy & Carbon Management Commission's conditional approval of the Lowry Ranch Comprehensive Area Plan, Civitas will next look to gain approval from Arapahoe County for each prospective well-pad location.

The Board of County Commissioners has passed more stringent regulations over the past two years, in part because of actions by Save The Aurora Reservoir and residents like you. The County has the power to require even more protections for human health, wildlife, and the environment through procedures including:
  • Air quality monitoring
  • Water sampling and monitoring
  • Fire prevention and mitigation plans
  • Spill and release reporting
  • Noise mitigation
  • Site inspections
  • Financial assurances and fines
Suggesting these improvements to the proposed regulations would help:
  • SETBACKS: Add a new 5-3.6(F)(2)(a)(ix) Require one mile setbacks from public areas 5,280 feet from a school, school facility, licensed child care center, hospital, outpatient clinic, nursing home, and life care institution, as measured from the parcel boundary of the Oil and Gas Facility to the property line of the building.
    The evidence from peer-reviewed studies shows that setbacks less than 1 mile from residences is a high risk for the community. STAR strongly recommends the County at least include language that setbacks from vulnerable populations (schools, daycare centers, hospitals, nursing homes, assisted living facilities and outpatient clinics) should be at a distance established to have no statistically significant negative health effects on those vulnerable populations.
  • SECONDARY CONTAINMENT: Amend 5-3.6(F)(5)(b) Require secondary containment on all components: wellheads, flowlines, crude oil transfer lines, valves, fitting and instrumentation, and process equipment.
    These components should be subject to secondary containment requirements in addition to tanks. Any and all of these components can fail, be damaged accidentally or vandalized and result in a release that if large enough could migrate to surface water or groundwater.
  • REMOVE "FINAL": Delete "final" from 5-3.6(E)(1)(d) Require a final decision by Arapahoe County Commission. Upon completion of the referral process and acceptance of the final copy of the complete application and exhibits by the PWD, the application materials will be forwarded for review to the PWD Director.
    The PWD Director should not have final authority over oil and gas applications. These projects have major public health and safety consequences.
  • PUBLIC HEARINGS: Add a new 5-3.6(E)(1)(e) Require a public hearing if any resident or homeowners owners with homes above proposed wells request.
    A final decision on each oil and gas application must be made by the Arapahoe County Board of County Commissioners. Upon the request of any resident or homeowner whose home lies above the projected path of any proposed well, a public hearing is required.

    The Board of County Commissioners should make the decision on all oil and gas applications due to the major consequences to public health, safety and welfare, the environment, and wildlife. A public hearing should be required if requested by any resident or homeowner whose home lies above any proposed well.
  • AMENDING ADMINISTRATIVELY:Delete 5-3.6(O) Delete the ability to amend administratively.
    The provision for Administrative Amendments should be deleted. Under this provision, the application can be amended without the opportunity for public oversight or public review. All O&G Applications must be concrete and specific so that both the county and the public know what is being proposed, whether it complies with the law and regulations and what effects it may have on public health, safety, and welfare, the environment and wlldlife. Any application must comply with all requirements when filed and the public must be able to weigh in the project. This cannot occur when the proposal can be modified after public input has been received.
  • REQUIRE ELECTRIFICATION: Add new 5-3.6(F)(11)(a) All facilities shall be equipped with electric-powered engines for motors, compressors, drilling and production equipment, and pumping systems, and the Operator is responsible for ensuring adequate power supply from the electrical grid for the electric equipment required in this section.
    Requiring full electrification from the grid will address several air quality concerns.
  • EMERGENCY SHUTDOWN: Amend 5-3.6(F)(3)(n)(i) Require shut down for incidents.
    In the case of an emergency, the wellpad must be immediately shut down until the required report is made and the operator has been given approval by the county to resume operations. If emergency services are required, all operations must cease until the required report is made and approval to resume operations is given by the Local Government Designee.

    After any emergency at a wellpad. It is important for the county to investigate the cause of the problem and ensure that a resumption of operations is safe for county residents, the environment, and wildlife.
  • CEASE IF NUMEROUS COMPLAINTS IN 48-HOUR PERIOD: Amend 5-3.6(G)(7) to require all operations to cease if numerous related complaints.
    Add: "or (3) 20 related complaints on the ECMC website over a 48-hour period. If a cease and desist order is issued, the Director must commence an investigation and operations cannot resume without the approval of the Director."

    If there are a specified number of complaints in a specified period, operations must shut down and the county to investigate. It is important to have an immediate investigation so that violations can be addressed before they cause major damage to public health, the environment, and wildlife.
Then submit written comments using the county's online form:  webpage.
When:
Wednesday, September 4, 2024 to Friday, September 6, 2024
Additional Info:
Category:
Important Community Event
Registration is not Required
Payment In Full In Advance Only