AESTHETIC AND NOISE CONTROL REGULATIONS

801. INTRODUCTION

The rules and regulations in this section are promulgated to control aesthetics and noise

impacts during the dr illing, completion and operation of oil and gas wells and production

facilities. Any Colorado county, home rule or statutory city, town, territorial charter city or city

and county may, by application to the Commission, seek a determination that the rules

and regulations in this section, or any individual rule or regulation, shall not apply to oil

and gas activities occurring within the boundaries, or any part thereof, of any Colorado

county, home rule or statutory city, town, territorial charter city or ci ty and county, such

determination to be based upon a showing by any Colorado county, home rule or statutory

city, town, territorial charter city or city and county that, because of conditions existing

therein, the enforcement of these rules and regulations is not necessary within the

boundaries of any Colorado county, home rule or statutory city, town, territorial charter

city or city and county for the protection of public health, safety and welfare.

802. NOISE ABATEMENT

a. The goal of this rule is to ident ify noise sources related to oil and gas operations that

impact surrounding landowners and to implement cost

- effective and technically

feasible mitigation measures to bring oil and gas facilities into compliance with the

allowable noise levels identified in subsection c. Operators should be aware that

noise control is most effectively addressed at the siting and design phase,

especially with respect to centralized compression and other downstream “gas

facilities” (see definition in the 100 Series of these rules).

b. Oil and gas operations at any well site, production facility, or gas facility shall comply with

the following maximum permissible noise levels.



### ZONE 7:00 am to next 7:00

pm 7:00 pm to next 7:00

am

Residential/Agricultural/Rural 55 db(A) 50 db( A)

Commercial 60 db(A) 55 db(A)

Light industrial 70 db(A) 65 db(A)

Industrial 80 db(A) 75 db(A)

The type of land use of the surrounding area shall be determined by the Director in

consultation with the Local Governmental Designee taking into considera tion any

applicable zoning or other local land use designation. In the hours between 7:00 a.m. and

the next 7:00 the noise levels permitted above may be increased ten (10) dB(A) for a

period not to exceed fifteen (15) minutes in any one (1) hour period. Th e allowable noise

level for periodic, impulsive or shrill noises is reduced by five (5) dB (A) from the levels

shown.

(1) Except as required pursuant to Rule 604.c.(2)A., operations involving pipeline or

gas facility installation or maintenance, the use of a drilling rig, completion rig,

workover rig, or stimulation is subject to the maximum permissible noise

levels for industrial zones.

8 00

- 1 As September 30, 2014(2) In remote locations, where there is no reasonably proximate occupied structure

or Designated Outside Activity Area, the li ght industrial standard may be

applicable.

(3) Pursuant to Commission inspection or upon receiving a complaint from a

nearby property owner or local governmental designee regarding noise related

to oil and gas operations, the Commission shall conduct an onsit e

investigation and take sound measurements as prescribed herein.

802.c. The following provide guidance for the measurement of sound levels and assignment

of points of compliance for oil and gas operations:

(1) Sound levels shall be measured at a distance of three hundred and fifty (350)

feet from the noise source. At the request of the complainant, the sound

level shall also be measured at a point beyond three hundred fifty (350)

feet that the complainant believes is more representative of the noise impact.

If an o il and gas well site, production facility, or gas facility is installed closer

than three hundred fifty (350) feet from an existing occupied structure,

sound levels shall be measured at a point twenty

- five (25) feet from the

structure towards the noise sou rce. Noise levels from oil and gas facilities

located on surface property owned, leased, or otherwise controlled by the

operator shall be measured at three hundred and fifty (350) feet or at the

property line, whichever is greater.

In situations where m easurement of noise levels at three hundred and fifty

(350) feet is impractical or unrepresentative due to topography, the

measurement may be taken at a lesser distance and extrapolated to a 350

-

foot equivalent using the following formula:

db(A) DISTANCE 2 = db(A) DISTANCE 1 – 20 x log 10 (distance 2/distance 1)

(2) Sound level meters shall be equipped with wind screens, and readings shall be

taken when the wind velocity at the time and place of measurement is not

more than five (5) miles per hour.

(3) Sound l evel measurements shall be taken four (4) feet above ground level.

(4) Sound levels shall be determined by averaging minute

- by

- minute

measurements made over a minimum fifteen (15) minute sample duration

if practicable. The sample shall be taken under conditio ns that are

representative of the noise experienced by the complainant (e.g., at night,

morning, evening, or during special weather conditions).

(5) In all sound level measurements, the existing ambient noise level from all

other sources in the encompassing e nvironment at the time and place of

such sound level measurement shall be considered to determine the

contribution to the sound level by the oil and gas operation(s).

802.d. In situations where the complaint or Commission onsite inspection indicates that

low fre quency noise is a component of the problem, the Commission shall obtain a

sound level measurement twenty

- five (25) feet from the exterior wall of the

residence or occupied structure nearest to the noise source, using a noise meter

calibrated to the db(C) s cale. If this reading exceeds 65 db(C), the

Commission shall require the operator to obtain a low frequency noise impact

analysis by a qualified sound expert, including identification of any reasonable

8 00

- 2 As September 30, 2014control measures available to mitigate such low freque ncy noise impact. Such

study shall be provided to the Commission for consideration and possible

action.

802.e. Exhaust from all engines, motors, coolers and other mechanized equipment shall

be vented in a direction away from all Building Units.

802.f. All Oil and Gas Facilities with engines or motors which are not electrically operated

that are within four hundred (400) feet of Building Units shall be equipped

with quiet design mufflers or equivalent. All mufflers shall be properly installed

and maintained in proper wo rking order.

803. LIGHTING

To the extent practicable, site lighting shall be directed downward and inward and shielded so

as to avoid glare on public roads and Building Units within one thousand (1000) feet.

804. VISUAL IMPACT MITIGATION

Production fac ilities, regardless of construction date, which are observable from any

public highway shall be painted with uniform, non

- contrasting, non

- reflective color tones

(similar to the Munsell Soil Color Coding System), and with colors matched to but slightly

d arker than the surrounding landscape.

805. ODORS AND DUST

a. General. Oil and gas facilities and equipment shall be operated in such a manner that

odors and dust do not constitute a nuisance or hazard to public welfare.

b. Odors.

(1) Compliance.

A. Oil and gas ope rations shall be in compliance with the Department of

Public Health and Environment, Air Quality Control Commission,

Regulation No. 2 Odor Emission, 5 C.C.R. 1001

- 4, Regulation No. 3

(5 C.C.R. 1001

- 5), and Regulation No. 7 Section XVII.B.1 (a

- c) and

Sectio n XII.

B. No violation of Rule 805.b.(1) shall be cited by the Commission, provided

that the practices identified in Rule 805.b.(2) are used.

(2) Production Equipment and Operations.

A. Crude Oil, Condensate, and Produced Water Tanks. All crude oil,

condensate, a nd produced water tanks with uncontrolled actual

emissions of volatile organic compounds (VOC) of five (5) tons per

year (tpy) or greater, located within 1,320 feet of a Building Unit, or a

Designated Outside Activity Area shall use an emission control

dev ice capable of achieving 95% control efficiency of VOC and

shall obtain a permit as required by Colorado Department of Public

Health and Environment, Air Pollution Control Commission Regulation

as set forth in 805. b. (1).

8 00

- 3 As September 30, 2014B. Glycol Dehydrators. All glycol dehydrators with uncontrolled actual

emissions of VOC of five (5) tpy or greater, located within 1,320 feet of

a Building Unit

, or a Designated Outside Activity Area shall use an

emission control device capable of achieving 90% control efficiency

of VOC a nd shall obtain a permit as required by Colorado

Department of Public Health and Environment, Air Pollution Control

Commission Regulation as set forth in 805.b.(1).

C. Pits. Pits with uncontrolled actual emissions of VOC of five (5) tpy or

greater shall not be located within 1,320 feet of a Building Unit, or a

Designated Outside Activity Area. For the purposes of this section,

compliance with Rule 902.c is required. Operators may provide

site

- specific data and analyses to COGCC staff establishing that pits

po tentially subject to this subsection do not have a potential to emit

VOC of five (5) tpy or greater.

D. Pneumatic Devices. Low

- or no

- bleed pneumatic devices must be

used when existing pneumatic devices are replaced or repaired,

and when new pneumatic device s are installed.

(3) Well completions.

A. Green completion practices are required on oil and gas wells where

reservoir pressure, formation productivity, and wellbore conditions

are likely to enable the well to be capable of naturally flowing

hydrocarbon gas in flammable or greater concentrations at a

stabilized rate in excess of five hundred (500) MCFD to the surface

against an induced surface backpressure of five hundred (500)

psig or sales line pressure, whichever is greater. Green

completion practices are not required for exploratory wells, where

the wells are not sufficiently proximate to sales lines, or where green

completion practices are otherwise not technically and economically

feasible.

B. Green completion practices shall include, but not be limited to, t he

following emission reduction measures:

i. The operator shall employ sand traps, surge vessels, separators,

and tanks as soon as practicable during flowback and

cleanout operations to safely maximize resource recovery

and minimize releases to the environme nt.

ii. Well effluent during flowback and cleanout operations prior to

encountering hydrocarbon gas of salable quality or

significant volumes of condensate may be directed to tanks

or pits (where permitted) such that oil or condensate

volumes shall not be all owed to accumulate in excess of

twenty (20) barrels and must be removed within twenty

- four

(24) hours. The gaseous phase of non

- flammable effluent

may be directed to a flare pit or vented from tanks for

safety purposes until flammable gas is encountered.

iii. Well effluent containing more than ten (10) barrels per day of

condensate or within two (2) hours after first encountering

hydrocarbon gas of salable quality shall be directed to a

8 00

- 4 As September 30, 2014combination of sand traps, separators, surge vessels, and

tanks or other eq uipment as needed to ensure safe separation

of sand, hydrocarbon liquids, water, and gas and to ensure

salable products are efficiently recovered for sale or

conserved and that non

- salable products are disposed of in

a safe and environmentally responsible manner.

iv. If it is safe and technically feasible, closed

- top tanks shall

utilize backpressure systems that exert a minimum of four (4)

ounces of backpressure and a maximum that does not exceed

the pressure rating of the tank to facilitate gathering and

comb ustion of tank vapors. Vent/backpressure values, the

combustor, lines to the combustor, and knock

- outs shall be

sized and maintained so as to safely accommodate any

surges the system may encounter.

v. All salable quality gas shall be directed to the sales li ne as soon

as practicable or shut in and conserved. Temporary flaring

or venting shall be permitted as a safety measure during

upset conditions and in accordance with all other applicable

laws, rules, and regulations.

C. An operator may request a variance f rom the Director if it believes that

using green completion practices is infeasible due to well or field

conditions, or would endanger the safety of wellsite personnel or the

public.

D. In instances where green completion practices are not technically

feasib le, operators shall employ Best Management Practices

(BMPs) to reduce emissions. Such BMPs shall consider safety and

shall include measures or actions to minimize the time period during

which gases are emitted directly to the atmosphere, and monitoring

and recording the volume and time period of such emissions.

805.c. Fugitive dust. Operators shall employ practices for control of fugitive dust caused

by their operations. Such practices shall include but are not limited to the use of

speed restrictions, reg ular road maintenance, restriction of construction activity

during high

- wind days, and silica dust controls when handling sand used in

hydraulic fracturing operations. Additional management practices such as road

surfacing, wind breaks and barriers, or au tomation of wells to reduce truck

traffic may also be required if technologically feasible and economically

reasonable to minimize fugitive dust emissions.

8 00

- 5 As September 30, 2014