News & Alerts

October 30, 2019 COGCC HOLDS OCTOBER COMMISSION HEARING WITH DISCUSSION OF CDPHE HEALTH STUDY AND UPCOMING RULEMAKING HEARINGS

The Commission held its October meeting on October 30, 2019 at the COGCC which included a presentation and discussion of the CDPHE Health Study, Reports from the Director on the Health Study impacts and the upcoming Rulemaking Hearings, robust Commissioner Discussion, Public Comment, and approval of a Consent Agenda. First, a CDPHE State Toxicologist presented the findings of the October 17, 2019 Health Study which was based off of samples collected from the CDPHE mobile laboratory. In short, the Study found a modeled risk of negative short-term health effects during worst case conditions during the pre-production stage of drilling and flowback. The CDPHE presentation generated a lot of discussion among the Commissioners, several of which expressed a concern about existing permits that have already been granted and not yet drilled that may not be required to comply with the Director’s heightened review of locations within 2000’ of a home following the CDPHE Health Study. In response, Director Robbins reported that 185 permits have been approved but not yet drilled and he has been conducting outreach to these operators to discuss the implementation of additional Best Management Practices at the locations before they drill.

In addition, Director Robbins outlined some high-level concepts for the Mission Change Rulemaking, including (1) a move away from multi-faceted permitting (currently requiring separate applications for a Drilling and Spacing Unit, Pooling, Form 2 & Form 2A) and towards one permitting protocol; (2) whether Permitting approval should shift away from the Director and to the professional Commission in July 2020; (3) revise the Rules of Process and Procedure to enhance engagement and standing to create a more neutral regulatory framework; and (4) increase Notice transparency so the public receives better notice of all oil and gas activities.