Industry balks at new Boulder County oil and gas regs

BOULDER — Boulder County planning commissioners unanimously recommended approval of a new set of regulations aimed at beefing up environment protections in the community.

The new rules, which were developed following the Senate Bill 181 passage and rulemaking processes and must now be approved by the Boulder County Board of Commissioners, have not received a ringing endorsement from the oil industry, representatives of which spoke out during a planning commission hearing Tuesday.

“As we noted in yesterday’s public hearing and in previous feedback submitted to the county, the natural gas and oil industry believes that many of the county’s proposed provisions are subjective, overly broad, unnecessary and unreasonable,” American Petroleum Institute Colorado executive director Lynn Granger said in an emailed statement. “Land use decisions must not be arbitrary or capricious in nature. We feel some of these provisions, especially if used to deny a permit application, would fall short of that standard. In addition, many of the proposed standards are duplicative or work in concert to effectively prohibit the development of private mineral rights.”

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Despite the industry’s position, the vast majority of those who spoke out this week during a public hearing on the matter oppose drilling and many called for even stronger regulatory protections. 

According to county documents, provisions of the new oil and gas regulations would include:

• A 2,000-foot setback from homes, schools and child care centers
• Strong air quality provisions, including a leak detection and repair program, reporting requirements, and prompt repair of any discovered leaks
• Careful review, including the use of outside experts, of the impacts threatened by proposed development, including from air emissions, water use, potential contamination, noise, odor, light, dust, and traffic
• County review of operator-submitted emergency preparedness and response plans
• Enhanced and clarified reporting requirements for spills and accidents
• Transportation standards requiring operations to mitigate any adverse impacts to roads and public infrastructure
• Floodway prohibition
• A new permitting process for seismic testing activities
• Protection of cultural and historic resources, recreational areas, scenic and rural character impacts, agricultural land including sensitive soils, wetlands and other natural resources
• Financial assurances in the form of financial status reporting, greatly expanded insurance coverage requirements, and requirements for financial securities (e.g., bonds or letters of credit)
• Regulation of the abandonment or decommissioning of wells and pipelines
• Waste management requirements
• New provisions for enforcement, including inspections, fines, and other penalties.

Boulder County has a moratorium on new drilling activity that’s set to expire Dec. 31 if not extended. The Boulder County commissioners will hold a public hearing on the new regulations Dec. 1.

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