​Updates to Colorado's Regulation 3 and Regulation 7 are scheduled for December and, although not yet finalized, are summarized for well production facilities below. These changes are a direct result of SB-19181 and the re-designation of the Denver Metro/North Front Range ozone non-attainment area.

Updated Storage Tank Control

• Updated to include crude and water tanks (not just condensate)
• Lowered emissions thresholds for all tanks (for new and existing tanks)
  • By May 1, 2020, controls will be required on tanks with VOC emissions 4 tons per year or more in the non-attainment area
  • By March 1, 2021, controls will be required on tanks with VOC emissions 2 tons per year or more statewide
• Weekly inspections required for all tanks
• Automatic gauging systems for new tanks/facilities

New Truck Load-Out Control
Liquid load-out to trucks must be controlled (using submerged fill and vapor collection system)

Increased Leak Detection and Repair (LDAR) Frequency

• At least semi-annual LDAR at well production facilities with VOC emissions over 2 tons per year statewide
  • ​Maintain more frequent (quarterly or monthly) LDAR, if applicable
• Alternative methods for LDAR may be used if demonstrated to be as effective as current methods

Updated Well Unloading Requirements

• Best management practices and additional recordkeeping requirements during plugging and abandonment statewide

New Pneumatic Controller Inspection and Reporting

• Pneumatics inspections at the same frequency as LDAR statewide
• Annual report documenting inspections

New Annual Emission Report

• New requirement for operators to provide an annual emission report for all Colorado facilities statewide
  • ​Must include VOC, NOx, methane, ethane, carbon monoxide
  • Must include emissions from drilling/fracking/completion, separator venting, flaring, storage tanks, dehydrators, engines, component leaks, pneumatic devices, equipment blow-downs, well unloading, produced water handling

Updates to Reasonably Available Control Technology (RACT)
​Major sources (50 tons per year or more of controlled NOx or VOC) will have expanded combustion equipment requirements as well as NSPS and NESHAP requirements (incorporated by reference) and a RACT for general solvent use.

If you have questions or need help navigating these proposed changes, please contact us.

Colorado's Air Quality Control Commission (AQCC) is the governing body "appointed by the governor and authorized by the Colorado General Assembly to oversee Colorado’s air quality program"¹ and responsible for implementing policy. Four state bills from the 2019 legislative session² require the AQCC to promulgate additional emission control regulations.

The most recent AQCC meeting was held in Lamar, CO on June 20, 2019. According to Garry Kaufman of the CDPHE-APCD, there are three immediate (within one year) priorities for rulemaking that originate from this legislature. The three AQCC rulemakings that have been scheduled (which are separate from the forthcoming COGCC rulemakings) are below with associated approximate rulemaking hearing dates. The fourth rulemaking below is estimated from the AQCC long term calendar as of August 2019.

1. Reg 3 & Reg 7 Revisions - Oil & Gas (December 2019)
2. Regional Haze, Part One (March 2020)
3. GHG Emissions Reporting & Reductions (May 2020)
4. Region Haze, Part Two (November 2020)

Altogether, these efforts will help with our next iteration of the ozone SIP. This could be finished by the second half of 2020, but there are differing opinions on that timeline.

​One of the issues that we've been closely tracking is new regulation for continuous methane monitoring, as required by SB 19-181. As of now, it is expected to undergo rulemaking sometime in 2020, but no firm schedule has been set.
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If you have any questions, please feel free to email me.

Nate