The state of Colorado is long overdue in developing a rule to address cumulative impacts of oil and gas development. The Colorado Energy and Carbon Management Commission (ECMC) is currently tasked with setting requirements to require oil and gas developers to forecast and measure the intensity of environmental pollutants and community impacts from their operations. This rulemaking process stems from Senate Bill 19-181, a law passed over five years ago, designed to address large-scale environmental effects from the oil and gas industry’s operations.

Through this process, the ECMC seeks to incorporate analysis and consideration of cumulative impacts into oil and gas operations. The proposed rules would update the permitting process for operators, increase coordination with state air pollution regulators, and require oil and gas developers to engage with the public about their drilling plans, including specific consideration to what the rule refers to as “disproportionately impacted communities.”

The proposed rulemaking initially kicked off in January 2024, and was postponed in April as a result of House Bill 24-1346, a parallel rulemaking process that defined cumulative impacts. ECMC released a new version of the cumulative impacts proposed rule in June with a revised deadline of September 2024. Our Alliance has been involved in this process every step of the way, and will be participating in the rulemaking as an official party.

We were excited to see several of our initial proposed changes incorporated into the updated draft rules, including a 2000 foot setback requirement from and additional time for notice to be given to all disproportionately impacted communities, as well as a designated community liaison located in the Western Slope. We will continue to advocate for additional changes to be made to the proposed rules, including: additional transparency and a standardized process for all operators, an overall commitment to enhanced systems and practices to avoid, minimize, and mitigate harmful emissions, and added prescriptions to consider water quantity impacts and engage in reclamation.

The cumulative impacts rulemaking is an important opportunity to hold oil and gas operators accountable for public health and environmental impacts. Our Alliance, along with our friends at Defiende Nuestra Tierra, will be hosting a public information session in Rifle sometime in the coming weeks ahead of the September deadline. Please keep an eye on our website and email alerts for additional information. We hope these new regulations will break the status quo and hold oil and gas developers accountable for the impacts of their actions to everyday people.