Upcoming Rulemaking: Statutory Alignment
Background
The Statutory Alignment Rulemaking will incorporate Worker Certification, Enforcement, and Enviroscreen 2.0 conforming changes.
Worker Certification
On April 16, 2019, Governor Polis signed Senate Bill 19-181 into law. Senate Bill 19-181 ensures that the Commission regulates oil and gas development and operations in Colorado in a manner that protects public health, safety, welfare, the environment, and wildlife resources. Pursuant to C.R.S. § 34-60-106(20), the Commission will adopt rules that require certification for workers in the following fields:
(a) Compliance officers with regard to the federal “Occupational Safety and Health Act of 1970”, 29 U.S.C. sec. 651 et seq., including specifically working in confined spaces;
(b) Compliance officers with regard to codes published by the American Petroleum Institute and American Society of Mechanical Engineers or their successor organizations;
(c) The handling of hazardous materials;
(d) Welders working on oil and gas process lines, including:
(I) Knowledge of the flowline rules promulgated pursuant to subsection (19) of this section;
(II) A minimum of seven thousand hours of documented on-the-job training, which requirement can be met by an employee working under the supervision of a person with the requisite seven thousand hours of training; and
(III) Passage of the International Code Council Exam F31, national standard journeyman mechanical, or an analogous successor exam, for any person working on pressurized process lines in upstream and midstream operations.
Enforcement
On May 16, 2024 and May 24, 2024, Governor Polis signed Senate Bill 24-229 and House Bill 24-1346 into law. The Commission will adopt rules that align and conform with the enforcement changes that arose from these bills. Specifically, the Commission will incorporate provisions related to: 1) statute of limitations, C.R.S. § 34-60-115; 2) expansion of Director's ability to issue Cease & Desist Orders, C.R.S. § 34-60-121(5); 3) formalization of a license to operate, C.R.S. § 34-60-106(1)(f)(I)(B)(I.5); and 4) additional circumstances that require an Order Finding Violation Hearing before the Commission and cannot be resolved through Administrative Orders by Consent C.R.S. § 34-60-121(6).
Enviroscreen 2.0
The Commission will update its definition of "Colorado Enviroscreen" to reference Enviroscreen 2.0, which conforms with the current Enviroscreen version used by the Air Quality Control Commission.
Opportunities for Public Participation and Stakeholder Input
Public comment opportunities will be forthcoming once the Statutory Alignment Strawdawg rules are released.
Rulemaking Timeline
● June 27: Notice of Rulemaking
● July 11: Request for Party Status
● July - August: Party Briefing
● August 27: Commission Hearing
Links to Documents
Video Recordings
All of ECMC’s public hearings and listening sessions are recorded and posted on our YouTube channel.