Denver, CO (Dec. 13, 2024) - Datasets and maps of the known affected oil and gas remediation site locations are available following a public hearing at the Energy and Carbon Management Commission (ECMC). Today’s hearing was a follow up to a hearing that occurred on November 26 at which ECMC announced that two environmental consultants hired by oil and gas operators submitted falsified laboratory data reports to ECMC.
ECMC remains confident that the falsified data created no new risks to public health because the scope of the impacted data is limited to Site Investigation and Remediation Workplans for sites that have already been disturbed by oil and gas development. In other words, the disturbances from oil and gas operations at these sites is unchanged; the falsified data may affect the degree of remediation work needed to remediate those disturbances.
ECMC’s on-going investigation will determine the degree to which the falsified data impacts remediation at each site. The impact will vary based on the results of each location’s investigation: ECMC anticipates that some sites will need no remediation plan changes and that some will require adjustments. It will depend on the type of data falsified at each location and the degree to which the falsified data impacted previous remediation decisions. Operators will be responsible for implementing any adjustments to the remediation plans subject to ECMC oversight.
View the press announcement dated 11/26/24 for more information about the data falsification, description of Workplans, and the ways in which ECMC is working diligently to ensure that all sites affected by the falsified data are properly sampled and investigated, using protocols such as split sampling and independent analysis, field inspections, desktop data inspections, and more.
Today Director Murphy outlined which sites will be investigated first. The ongoing investigation is complex because the currently-known degree of falsified data is seemingly patternless. As of 12/9/24, ECMC has preliminarily determined that the data manipulation affected inorganic and organic laboratory data at the following locations:
- There are a total of 344 oil and gas remediation project sites impacted by the falsified data.
- All sites are located in Weld County or along the border of Weld county. ECMC contacted the pertinent municipalities immediately prior to today’s public hearing.
- 296 are in unincorporated Weld County.
- 48 are located within the boundaries of 15 municipalities: Berthoud (1), Dacono (2), Erie (2), Evans (7), Firestone (3), Fort Lupton (1), Frederick (2), Greeley (8), Johnstown (2) (these two sites fall within Larimer County along the west border of Weld County), Kersey (1), Milliken (8), Northglen (1), Platteville (5), Severance (2), and Windsor (3).
- Of the 344 remediation project sites, 167 are active and presently under ongoing site investigation and remediation. ECMC will investigate the degree to which the falsified data impacts the remediation workplan and may determine that adjustments to the active remediation work are needed.
- Of the 344 sites, 177 are closed projects, which means site investigation and remediation work has been completed and, according to the data provided to ECMC, the project met the clean up standards set by ECMC. In many cases, the remediation project site is no longer an active oil and gas location. ECMC has prioritized investigating the degree to which the falsified data impacted decisions to determine that no further investigation or remediation action was necessary for these projects. Based on the findings of the investigation, ECMC may determine that the remediation projects need to be reopened for additional remediation.
- Of the 177 closed projects, 34 are located within or adjacent to municipalities. ECMC’s immediate priority is addressing these sites. Out of an abundance of caution, ECMC will be coordinating with the landowners and requesting that they consider the projects reopened until the investigation is complete. In order to conduct additional site investigation and remediation, if necessary, the operators will have to reopen access in coordination with the affected landowners or tenant farmers.
- Please note that the information above may evolve as the investigation continues.
ECMC’s jurisdiction is limited to its regulatory authority; the investigation could include enforcement action and fines issued to the operators in accordance with the Colorado Oil and Gas Conservation Act. ECMC’s investigation will not include determining why the data falsification occurred as that would fall outside the scope of ECMC’s jurisdiction: this matter has been referred to prosecutors for further, review, assessment, and a potential criminal investigation. Given the degree of alleged fraud, ECMC will cooperate with appropriate law enforcement regarding criminal and civil penalties as needed.
ECMC will provide additional information to the public as the investigation unfolds. The Commission instructed Staff Director Julie Murphy to provide no fewer than quarterly public updates in addition to updates, when needed, throughout the investigation.
About the ECMC
The mission of the Colorado Energy & Carbon Management Commission (ECMC) is to regulate the development and production of the natural resources of oil and gas, deep geothermal resources, the capture and sequestration of carbon, and the underground storage of natural gas in a manner that protects public health, safety, welfare, the environment and wildlife resources. Visit the ECMC website for more information.