American Oil and Gas Reporter - January 2019 - 121

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Colorado Finds Setback Compromise
DENVER-Changes to its school setback regulations adopted by the Colorado
Oil & Gas Conservation Commission in
December represent a victory for common
sense and compromise, says a spokesperson
for the Colorado Oil & Gas Association.
On Dec. 18, the COGCC unanimously
approved a rule making that defines school
and child care facilities in relation to the
state's oil- and gas-well setback requirements. The new rule doesn't change the
1,000-foot setback standard, explains
Scott Prestidge, COGA's director of communications and public affairs. But, in
addition to buildings, he says, it now
also applies to facilities within a school's
property boundary, as well as to those
facilities adjacent to a school property
that are commonly used by students.
"We wanted to find an outcome that
approached it from the standpoint of
looking at where the students actually
are," Prestidge says, adding COGA supports the final rule.
Adds COGA President Dan Haley,
"The oil and natural gas industry participated in countless meetings and conversations over the past year with schools
and school districts, and participating environmental organizations, and we are
proud of what has been accomplished. If
we take the time to work on important
and complex issues together, we can find
constructive solutions. That is the Colorado
way, and we are grateful for all who negotiated in good faith, enabling us to
reach a successful outcome that will serve
this state for years to come."
Prestidge contrasts the consensus agreement reached by the negotiating parties
that formed the basis for the COGCC's
rule with blanket property boundary bills
introduced in the past two sessions of the
Colorado Legislature. "There was a lot
more nuance that needed to be discussed
besides that sort of simple (legislative) approach," he says. "That is why we always
said in committee hearings that this topic
needed to be addressed through the regulatory
process. Easy does not equal better, and
this outcome proves that by taking the
longer road, you often get better solutions."
Facility Definitions
The final rule amends and adds definitions to the COGCC's 100 Series definition of high occupancy buildings, and
makes conforming changes to both its
300 Series rules on Form 2 permit to
drill and Form 2A oil and gas location
assessment application procedures, and
its 500 Series rules on exceptions to the

1,000-foot setback.
Under the rule, COGCC says, a school
facility "means any discrete facility or
area, whether indoor or outdoor, associated
with a school that students use commonly
as part of their curriculum or extracurricular
activities. A school facility is either adjacent
to or owned by the school or school governing body, and the school or school
governing body has the legal right to use
the school facility at its discretion."
Importantly, points out Prestidge, the
definition excludes "floating facilities"
such as a municipal athletic field or performing arts complex that students may
use only occasionally, and for which there
already are setback rules or "designation
outdoor activity area" rules that apply.
The new boundary setbacks also apply
to future school facilities expected to be
built and put in use within three years of
an operator filing his pre-application notice. To be considered a future school facility, the COGCC says:
· For public, noncharter schools, the
school governing body must affirm the
nature, timing and location of the future
facility in writing.
· Future charter schools must have
been approved by the appropriate school
district or the State Charter School Institute, and the school governing body must

affirm the nature, timing and location of
a future facility in writing.
· A future private school must be
registered with the Colorado Secretary
of State at the time the pre-application
notice is filed, and must provide corroborating documentation.
Prestidge notes that requiring a future
charter school to have obtained required
approvals at the time a pre-application
notice is filed prevents opponents of oil
and gas development from proposing
charter schools solely to block drilling
without any true intent to finalize the application and open the school.
He adds that the 1,000-foot setback
applies only to commercially-licensed
child care facilities as defined in Section
26-6-102(5) C.R.S. of the Colorado Human Services Code. "We are comfortable
having licensed child care facilities included because they are high-occupancy
locations, which is the correct application
of the rule," Prestidge says.
The 1,000-foot setback for a child
care facility includes "any associated outdoor play area adjacent to or directly accessible from the center, and is fenced or
has natural barriers, such as hedges or
stationary walls, at least four feet high
demarcating its boundary," according to
the COGCC.
r

EPA Says Trump's Regulations
Driving Drop In GHG Emissions
WASHINGTON-Reported total greenhouse gas emissions in the United States
have dropped 2.7 percent since 2016,
with reported emissions from large power
plants declining 4.5 percent during the
past two years and by 19.7 percent since
2011, the U.S. Environmental Protection
Agency says in its latest analysis of its
GHG reporting program.
"Thanks to President Trump's regulatory reform agenda, the economy is booming, energy production is surging and we
are reducing greenhouse gas emissions
from major industrial sources," says acting
EPA Administrator Andrew Wheeler.
"These achievements flow largely from
technological breakthroughs in the private
sector, not the heavy hand of government."
Wheeler adds that while many around
the world are talking about GHG reduction,
this latest EPA report provides evidence
that the United States is proving regulations

are not necessary to cut carbon dioxide
emissions. He notes that under the administration's proposed Affordable Clean
Energy Rule, CO2 emissions from the
U.S. power sector are projected to continue
falling, with a forecasted decrease of 34
percent below 2005 levels.
More than 8,000 large facilities reported
their 2017 GHG emissions to EPA under
the program, now in its seventh full year
of data collection. In addition to collecting
detailed reports from the largest GHGemitting facilities, the EPA program also
collects data from upstream fossil fuel
and industrial gas suppliers.
"The United States leads the world
both in natural gas and oil production
and in cutting GHG emissions-clean natural gas produced through advanced technologies such as hydraulic fracturing is
playing a significant role in driving carbon
dioxide emissions to 25-year lows," says
Howard Feldman, the American Petroleum
JANUARY 2019 121



American Oil and Gas Reporter - January 2019

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Contents
American Oil and Gas Reporter - January 2019 - Intro
American Oil and Gas Reporter - January 2019 - 1
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