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Proposed Amendments to the Clean Water Act's SPCC Rule:
On October 15, 2007, EPA proposed amendments to the Spill Prevention, Control, and Countermeasure (“SPCC”) rule. In the course of five years, EPA has revised the rule, proposed additional revisions, and has repeatedly extended its applicable compliance deadlines. Originally required to be implemented by August 2003, EPA is now requiring that owners and operators of facilities regulated by the rule prepare (or amend) and implement their SPCC plan(s) as outlined in the rule by July 1, 2009, or if not yet operational by July 1, 2009, prior to the commencement of operations. EPA’s comment period for the proposed amendments closed on December 14, 2007. The latest proposed amendments respond to a number of questions, comments, and issues raised by the regulated community between the passage of the first major amendment in July 2002 and the last amendments passed in December 2006.
Continued ... Colorado's House Bill 1341 and the COGCC's Strawman Proposal In its 2007 legislative session, the Colorado General Assembly enacted House Bill 1341, legislation substantially changing the composition of the Colorado Oil & Gas Conservation Commission (COGCC) and charging the Commission to include consideration of environmental, wildlife and public health impacts with its decisions. Specifically, the COGCC was expanded from seven to nine members, the two additions being the Executive Directors of the Department of Natural Resources and the Department of Public Health and Environment. The General Assembly also reduced from five to three the COGCC members with substantial oil & gas experience and mandated that one member be a local government official, one member have formal training or substantial experience in environmental or wildlife protection, one member have formal training or substantial experience in soil conservation or reclamation, and one member be actively engaged in agriculture production and also be a royalty owner. The General Assembly also revised the legislative declaration at the beginning of the Oil and Gas Conservation Act. The Act now declares it to be in the public interest to foster "responsible, balanced" development of oil and gas in a manner not only consistent with the protection of public health, safety and welfare, but also the "protection of the environment and wildlife resources." Continued ... EPA Considering Effluent Limitation Guidelines (ELGs) for Discharges of Coalbed Methane Produced Water EPA recently initiated a detailed study to determine if the CBM industry should be designated as a subcategory of the Oil and Gas Extraction category for purposes of establishing separate, distinct ELGs for discharges of produced water exclusively associated with the extraction of CBM. To compile information for this study, EPA is examining the nature of CBM extraction and production operations, the magnitude and characteristics of associated discharges of produced water and associated environmental impacts, current and potential produced water management, treatment, disposal and beneficial re-use technologies within the CBM industry, geographic distinctions among CBM operations; economic and financial considerations related to available re-use and technology options; and other factors. EPA has completed an initial screening of the CBM industry by examining data and information from sources such as Toxic Release Inventory reports and Discharge Monitoring Reports submitted pursuant to the NPDES permits. EPA has been gathering additional data through a series of calls and meetings with CBM industry stakeholders, and visits to selected CBM operation sites. EPA also issued a notice soliciting comments and information in response to a questionnaire concerning the CBM extraction industry, and anyone wishing to submit comments to EPA must do so by December 31, 2007. 72 Fed. Reg. 61335 (Oct. 30, 2007). EPA will rely on all the data and information gathered to develop a mandatory national survey or information collection request (“ICR”) that EPA intends to send out to CBM industry members by late Summer 2008, under EPA’s investigation authority under the Clean Water Act § 308. EPA expects to present the results of the ICR to the public by October 2009, and evaluate the information compiled through the ICR to determine whether ELGs should be adopted for the CBM extraction industry.
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December 19, 2007 CONTRIBUTING AUTHORS: Sherry Bursey Ozone Non-attainment The recent classification of the Denver Metropolitan Area as non-attainment for ozone triggered significant _____________________________ EPA Exemption of Oil and Gas Construction Activities from Stormwater Permit Requirements Under Challenge Oil and gas operators should be aware that a federal appellate court is currently considering a challenge to EPA's exemption of construction activities associated with oil and gas operations from National Pollutant Discharge Elimination System (NPDES) stormwater permit requirements under the federal Clean Water Act. _____________________________ Just in case you missed it... DGS Partner Zach Miller recently presented a speech to the Colorado Bar Association on "Produced Water from Coalbed Methane Production: Water Law Issues and Developments." Outline and PowerPoint Materials available on our website. _________________________
Davis Graham & Stubbs LLP 303.892.9400
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