Cumulative Impacts Rulemaking in Colorado Must Not Fail Communities

Pollution from oil and gas harms air quality and contributes to global warming, affecting the health of Colorado communities and wildlife. This harm is made worse in areas that are impacted by multiple pollution sources. Cumulative impacts, or the collective impacts from all pollution sources in a community, are often felt hardest by communities of color and low-income families.

Colorado regulators are developing rules that could limit cumulative pollution and protect communities from oil and gas production-but the draft proposal falls short. Colorado must do better for its communities.

Advocates demand strong protections against oil and gas pollution

Environmental justice and conservation groups and concerned residents have long urged the state of Colorado to protect overburdened communities from oil and gas development. The Colorado legislature directed the Energy & Carbon Management Commission (ECMC) to develop regulations that take into account the cumulative impacts of fossil fuels on public health and the environment.

In June, ECMC released a proposed set of rulesthat included many key protections for communities disproportionately impacted by oil and gas production. These include communities of color, low-income communities, and communities that face disproportionate environmental burdens. Under these proposed rules, oil and gas companies would be required to get informed consent from residents before drilling within 2,000 feet of homes in such communities. Additionally, the rules would require oil and gas companies that were noncompliant with air quality regulations to pause drilling when air pollution is at its peak. This initial draft resulted from listening to community concerns and provided strong protections to limit cumulative impacts.

However, the ECMC released a new set of proposed ruleson August 2 that removed protections the community groups had fought hard for, caving in to pressure from fossil fuel lobbyists. The latest proposal falls short of the earlier draft in many ways. For one, the new proposal limits residents' decision-making power about their own health and well-being by removing rules that would require oil and gas companies to get informed consent before drilling near homes. Further, the recent draft only considers impacts within one mile of a drill site, even though community members who live beyond that area will also experience adverse health consequences. By reinstating protections included in earlier drafts, Colorado has the opportunity to limit cumulative pollution and protect disproportionately impacted communities.

Colorado needs strong cumulative impact rules to protect public health

ECMC has the opportunity to protect public health and promote environmental justice by passing stronger cumulative impact rules through five key changes:

1. ECMC should use the definition of disproportionately impacted communitiesas agreed upon by state lawmakers. The weakened proposed rules only apply to a small subset of the communities included in the original proposal and would leave behind most communities who are also negatively impacted by oil and gas drilling and who would greatly benefit from these protections.
2. The rules should close loopholes to ensure no new oil and gas operations are allowed within 2,000 feet of disproportionately impacted communities without informed consent. This is essential for families to be empowered to make decisions about the health risks posed by oil and gas operations.
3. Colorado should collect baseline air quality data to determine the amount of pollution present in a community before approving a new drilling permit. This is a fundamental first step in assessing cumulative impacts. The combined effects of multiple oil and gas operations can have devastating consequences for air and water quality, human health, and wildlife.
4. State regulators should set and enforce strict limits on toxic, ozone-causing air pollutants, especially when produced during high-ozone days. Nitrous oxides released from oil and gas production contribute significantly to the formation of ground-level ozone, which causes respiratory problems, asthma, and other health issues.
5. Regulations should require leaky oil and gas wells located in disproportionately impacted communities to be plugged to offset pollution from oil and gas activities. These old, unprofitable wells are a risk to communities and wildlife as they leak methane gas and other toxic chemicals.

Colorado is taking an important step toward protecting communities from the cumulative impacts of oil and gas production. ECMC has until September 30 to finalize these critical rules. Colorado lawmakers must pass strong regulations that offer full protection for Colorado communities, air quality, and wildlife.

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