Code of Colorado Regulations
400 - Department of Natural Resources
404 - Oil and Gas Conservation Commission
2 CCR 404-1 - PRACTICE AND PROCEDURE
Section 901 - GENERAL STANDARDS

Universal Citation: 2 CO Code Regs 404-1 ยง 901

Current through Register Vol. 47, No. 17, September 10, 2024

a. Addressing Impacts and Potential Impacts to Public Health, Safety, Welfare, the Environment, and Wildlife Resources. Whenever the Director has reasonable cause to determine that an Operator, in the conduct of any Oil and Gas Operations, is impacting or threatening to impact public health, safety, welfare, the environment, or wildlife resources, the Director may require the Operator to take action to avoid, minimize, or mitigate the potential impacts to public health, safety, welfare, the environment, or wildlife resources, including but not limited to:

(1) Suspending operations or initiating immediate mitigation measures until the cause of the threat or potential threat to public health, safety, welfare, the environment, or wildlife resources is identified and the threat or potential threat to public health, safety, welfare, the environment, or wildlife resources is corrected.

(2) Submitting a Form 27, Site Investigation and Remediation Workplan, for site characterization, Remediation, monitoring, permitting, and the establishment of points of compliance.

(3) If the Director requires an Operator to take action pursuant to this Rule 901.a, the Operator may appeal the Director's decision to the Commission pursuant to Rule 503.g.(10). The matter will not be assigned to an Administrative Law Judge pursuant to Rule 503.h. The Commission will hear the appeal at its next regularly scheduled meeting. Operators will continue to comply with any requirements identified by the Director pursuant to this Rule 901.a until the Commission makes a decision on the appeal. The Commission may uphold the Director's decision if the Commission determines the Director had reasonable cause to determine that an Operator's actions impacted or threatened to impact public health, safety, welfare, the environmental, or wildlife resources, and that the action required by the Director was necessary and reasonable to avoid, minimize, or mitigate those impacts or threatened impacts.

b. Incorporation by Reference. Pursuant to § 24-4-103 (12.5), C.R.S., the Commission incorporates by reference into these 900 Series Rules the following codes, standards, guidelines, and rules of other federal agencies, state agencies, and nationally recognized organizations and associations.

(1) Where Materials May Be Found.
A. Copies of all materials incorporated by reference are available for public inspection during normal business hours from the Public Room Administrator at the office of the Commission, 1120 Lincoln Street, Suite 801, Denver, Colorado 80203.

B. Copies of all materials incorporated by reference are also available at the office or website of the agency or organization that issued the code, standard, guideline, or rule, as specified below.

C. Copies of any materials that are not available to the public on the internet for no cost may be examined at any state publications depository library.

(2) Current Version. Only the version of the code, standard, guideline, or rule in effect as of January 15, 2020, and no later amendments or editions of the code, standard, guideline, or rule are incorporated by reference, unless otherwise specified below.

(3) Materials Incorporated.
A. Colorado Department of Public Health and Environment, Water Quality Control Commission ("WQCC"), Regulation Number 41, The Basic Standards for Ground Water, 5 C.C.R. § 1002-41, et seq. (hereinafter "WQCC Regulation 41"). Only the version of WQCC Regulation 41 in effect as of January 15, 2021 applies; later amendments do not apply. WQCC Regulation 41 may be examined at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, and is available online at https://cdphe.colorado.gov/water-quality-control-commission-regulations.

B. Colorado Department of Public Health and Environment, Solid and Hazardous Waste Commission ("SHWC"), Regulations Pertaining to Solid Waste, 6 C.C.R. § 1007-2, et seq. (hereinafter "SHWC Solid Waste Regulations"). Only the version of the SHWC Solid Waste Regulations in effect as of January 15, 2021 applies; later amendments do not apply. The SHWC Solid Waste Regulations may be examined at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, and are available online at https://cdphe.colorado.gov/solid-waste-regulations.

C. SHWC Regulations Pertaining to Hazardous Waste, 6 C.C.R. § 1007-3, et seq. (hereinafter "SHWC Hazardous Waste Regulations"). Only the version of the SHWC Hazardous Waste Regulations in effect as of January 15, 2021 applies; later amendments do not apply. The SHWC Hazardous Waste Regulations may be examined at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, and are available online at https://cdphe.colorado.gov/hazardous-waste-regulations.

D. Colorado Department of Public Health and Environment, Air Quality Control Commission ("AQCC"), Regulation No. 7, Control of Ozone Via Ozone Precursors and Control of Hydrocarbons Via Oil and Gas Emissions (Emissions of Volatile Organic Compounds and Nitrogen Oxides), 5 C.C.R. § 1001-9, et seq. (hereinafter "AQCC Regulation No. 7"). Only the version of AQCC Regulation No. 7 in effect as of January 15, 2021 applies; later amendments do not apply. AQCC Regulation No. 7 may be examined at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246, and is available online at https://cdphe.colorado.gov/aqcc-regulations.

E. Colorado State Board of Examiners of Water Well Construction and Pump Installation Contractors, Rules and Regulations for Water Well Construction, Pump Installation, Cistern Installation, and Monitoring and Observation Hole/Well Construction, 2 C.C.R. § 402-2, et seq. (hereinafter "State Engineer's Water Well Construction and Permitting Rules"). Only the version of the State Engineer's Water Well Construction Rules in effect as of January 15, 2021 applies; later amendments do not apply. The State Engineer's Water Well Construction and Permitting Rules may be examined at the Colorado Division of Water Resources, 1313 Sherman St., Suite 821, Denver, CO 80203, and are available online at https://dwr.colorado.gov/services/well-construction-inspection.

F. U.S. Environmental Protection Agency, Test Methods for Evaluating Solid Waste: Physical/Chemical Methods (May 2019 edition) (hereinafter, "EPA SW-846"). Only the May 2019, "Update VI" edition of EP SW-846 applies to this rule; later amendments do not apply. EPA SW-846 may be examined at the U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop St, Denver, CO 80202, and is available online at https://www.epa.gov/hw-sw846/sw-846-compendium.

G. U.S. Environmental Protection Agency, 40 C.F.R. § 60.5375a, What GHG and VOC standards apply to well affected facilities? (2016) (hereinafter, "40 C.F.R. § 60.5375a"). Only the version of 40 C.F.R. § 60.5375a that became effective on August 2, 2016 applies to this rule; later amendments do not apply. 40 C.F.R. § 60.5375a may be examined at the U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop St, Denver, CO 80202, and is available online at https://www.govinfo.gov/content/pkg/FR-2016-06-03/pdf/2016-11971.pdf.

H. U.S. Environmental Protection Agency, Regional Screening Levels for Chemical Contaminants at Super Fund Sites (Nov. 18, 2020) (hereinafter, "EPA's RSLs"). Only the November 2020 version of EPA's RSLs applies; later amendments do not apply. EPA's RSLs may be examined at the U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop St, Denver, CO 80202, and are available online at https://www.epa.gov/risk/regional-screening-levels-rsls-generic-tables.

I. Western Coordinating Committee on Nutrient Management, Soil, Plant and Water Reference Methods for the Western Region (4th edition, 2013). Only the 4th edition (2013) of the Soil, Plant and Water Reference Methods for the Western Region applies to this rule; later amendments do not apply. Soil, Plant and Water Reference Methods for the Western Region may be examined at the Soil Science Society of America, 5585 Guilford Road, Madison, WI 53711, and is available online at https://www.naptprogram.org/files/napt/publications/method-papers/western-states-methods-manual-2013.pdf.

J. Rocky Mountain Low-Level Radioactive Waste Board, Rules (Dec. 3, 2010). Only the 2010 version of the Rocky Mountain Low-Level Radioactive Waste Board's Rules apply to this Rule; later amendments do not apply. The Rocky Mountain Low-Level Radioactive Waste Board's Rules may be examined at Rocky Mountain Low-Level Radioactive Waste Board, 999 18th St., Suite 2400 S, Denver, CO 80202, and are available online at http://www.rmllwb.us/documents/Rules_12-3-10.pdf.

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