5 Colo. Code Regs. § 1001-9-B-III

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-9-B-III - Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas Operations

III.A. Applicability

This section applies to pneumatic controllers that are actuated by natural gas, and located at, or upstream of natural gas processing plants (upstream activities include: oil and gas exploration and production operations and natural gas compressor stations).

III.B. Definitions

III.B.1. "Affected Operations" means pneumatic controllers that are actuated by natural gas, and located at, or upstream of natural gas processing plants (upstream activities include: oil and gas exploration and production operations and natural gas compressor stations).

III.B.2. "Continuous Bleed" means a continuous bleed rate of natural gas from a pneumatic controller that is designed to bleed natural gas continuously.

III.B.3. "Custody Transfer" means the transfer of crude oil or natural gas after processing and/or treatment in the producing operations or from storage vessels or automatic transfer facilities or other such equipment, including product loading racks, to pipelines or any other forms of transportation.

III.B.4. (State Only) "Enhanced Response" means to return a pneumatic controller to proper operation and includes but is not limited to, cleaning, adjusting, and repairing leaking gaskets, and seals; tuning to operate over a broader range of proportional band; and eliminating unnecessary valve positioners.

III.B.5. "High-Bleed Pneumatic Controller" means a continuous bleed pneumatic controller that is designed to have a continuous bleed rate that emits in excess of 6 standard cubic feet per hour (scfh) of natural gas to the atmosphere.

III.B.6. (State Only) "Intermittent pneumatic controller" means a pneumatic controller that is not designed to have a continuous bleed rate, but is designed to only release natural gas to the atmosphere as part of the actuation cycle.

III.B.7. "Low-Bleed Pneumatic controller" means a continuous bleed pneumatic controller that is designed to have a continuous bleed rate that emits less than or equal to 6 scfh of natural gas to the atmosphere.

III.B.8. "Natural Gas Processing Plant" means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both. A Joule-Thompson valve, a dew point depression valve, or an isolated or standalone Joule-Thompson skid is not a natural gas processing plant.

III.B.9. "No-Bleed Pneumatic Controller" means any pneumatic controller that is not using hydrocarbon gas as the valve's actuating gas.

III.B.10. "Non-emitting Controller" means a device that monitors a process parameter such as liquid level, pressure or temperature and sends a signal to a control valve in order to control the process parameter and does not emit natural gas to the atmosphere. Examples of non-emitting controllers include but are not limited to: no-bleed pneumatic controllers, electric controllers, mechanical controllers and routed pneumatic controllers.

III.B.11. "Pneumatic Controller" means a device that monitors a process parameter such as liquid level, pressure, or temperature and uses pressurized gas (which may be released to the atmosphere during normal operation) to send a signal to a control valve in order to control the process parameter. Controllers that do not utilize pressurized gas are not pneumatic controllers.

III.B.12. "Routed Pneumatic Controller" means a pneumatic controller that releases natural gas to a process, sales line or to a combustion device instead of directly to the atmosphere.

III.B.13. "Self-contained Pneumatic Controller" means a pneumatic controller that releases gas to a process or sales line instead of to the atmosphere.

III.B.14. "Wellhead" means the piping, casing, tubing and connected valves supporting or controlling the operation of an oil and/or natural gas well. The wellhead does not include other process equipment at the wellhead site.

III.C. Emission Reduction Requirements

Owners and operators of affected operations shall reduce emissions of volatile organic compounds from pneumatic controllers associated with affected operations as follows:

III.C.1. Continuous bleed, natural gas-driven pneumatic controllers in the 8-Hour Ozone Control Area or northern Weld County and located from the wellhead to the natural gas processing plant or point of custody transfer to an oil pipeline:

III.C.1.a. All pneumatic controllers located in the 8-Hour Ozone Control Area and placed in service on or after February 1, 2009, must emit natural gas emissions in an amount equal to or less than a low-bleed pneumatic controller, unless allowed pursuant to Section III.C.1.f.

III.C.1.b. All high-bleed pneumatic controllers located in the 8-Hour Ozone Control Area and in service prior to February 1, 2009 shall be replaced or retrofit such that natural gas emissions are reduced to an amount equal to or less than a low-bleed pneumatic controller, by May 1, 2009, unless allowed pursuant to Section III.C.1.f.

III.C.1.c. All pneumatic controllers located in northern Weld County and placed in service on or after February 14, 2023, and not already subject to Section III.C.3.a., must emit natural gas emissions in an amount equal to or less than a low-bleed pneumatic controller, unless allowed pursuant to Section III.C.1.f.

III.C.1.d. All high-bleed pneumatic controllers located in northern Weld County in service prior to February 14, 2023, and not already subject to Section III.C.3.b. must be replaced or retrofit such that natural gas emissions are reduced to an amount equal to or less than a low-bleed pneumatic controller, by May 1, 2023, unless allowed pursuant to Section III.C.1.f.

III.C.1.e. Except as provided in Section III.C.1.e.(iv), the following facilities must use only non-emitting controllers:

III.C.1.e.(i) Well production facilities that commence operations on or after February 14, 2023;

III.C.1.e.(ii) Well production facilities that receive production from a well that first begins production or is recompleted or refractured on or after February 14, 2023; and

III.C.1.e.(iii) Natural gas compressor stations that commence operations or increase compression horsepower on or after February 14, 2023.

III.C.1.e.(iv) Pneumatic controllers that emit natural gas to the atmosphere meeting any of the following conditions are not subject to the requirements in Section III.C.1.e.

III.C.1.e.(iv)(A) Pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting natural gas. Owners or operators must submit justification to the Division for the emitting pneumatic controller(s) to be installed forty-five (45) days prior to installation.

III.C.1.e.(iv)(B) Pneumatic controllers that emit natural gas located on temporary or portable equipment that is used for well abandonment activities or used prior to or through the end of flowback.

III.C.1.e.(iv)(C) Pneumatic controllers on temporary or portable equipment that is in use and onsite for sixty (60) days or less. This does not apply to use on temporary or portable equipment used to temporarily increase throughput capacity of a facility. Owners or operators must submit justification to the Division for continued use beyond sixty (60) days at least fourteen (14) days before the 60-day period expires.

III.C.1.e.(iv)(D) Pneumatic controllers that emit natural gas to the atmosphere that are used as emergency shutdown devices or for artificial lift control located on a wellhead that is greater than one quarter mile from the associated well production facility or that is not located on the same surface disturbance as the associated production facility.

III.C.1.e.(iv)(E) Any pneumatic controller that emits natural gas pursuant to Sections III.C.1.e.(iv)(A) through (D) must be tagged, which will indicate that the controller may emit natural gas.

III.C.1.f. All high-bleed pneumatic controllers that remain in service due to safety and/or process purposes must comply with Sections III.D. and III.E.

III.C.1.f.(i) For high-bleed pneumatic controllers located in the 8-Hour Ozone Control Area and in service prior to February 1, 2009, the owner/operator must submit justification for high-bleed pneumatic controllers to remain in service due to safety and /or process purposes by March 1, 2009.

III.C.1.f.(ii) For high-bleed pneumatic controllers located in the 8-Hour Ozone Control Area and placed in service on or after February 1, 2009, the owner/operator must submit justification for high-bleed pneumatic controllers to be installed due to safety and /or process purposes thirty (30) days prior to installation.

III.C.1.f.(iii) For high-bleed pneumatic controllers located in northern Weld County in service prior to February 14, 2023, the owner/operator must submit justification for high-bleed pneumatic controllers to remain in service due to safety and /or process purposes by March 1, 2023.

III.C.1.f.(iv) For high-bleed pneumatic controllers located in northern Weld County and placed in service on or after February 14, 2023, the owner/operator must submit justification for high-bleed pneumatic controllers to be installed due to safety and /or process purposes thirty (30) days prior to installation.

III.C.2. Continuous bleed, natural gas-driven pneumatic controllers in the 8-Hour Ozone Control Area or northern Weld County and located at a natural gas processing plant:

III.C.2.a. All pneumatic controllers in the 8-Hour Ozone Control Area placed in service on or after January 1, 2018, must have a natural gas bleed rate of zero, unless allowed pursuant to Section III.C.2.e.

III.C.2.b. All pneumatic controllers in the 8-Hour Ozone Control Area with a bleed rate greater than zero in service prior to January 1, 2018, must be replaced or retrofit such that the pneumatic controller has a natural gas bleed rate of zero by May 1, 2018, unless allowed pursuant to Section III.C.2.e.

III.C.2.c. All pneumatic controllers located in northern Weld County and placed in service on or after February 14, 2023, must have a natural gas bleed rate of zero, unless allowed pursuant to Section III.C.2.e.

III.C.2.d. All pneumatic controllers located in northern Weld County with a bleed rate greater than zero in service prior to February 14, 2023, must be replaced or retrofit such that the pneumatic controller has a natural gas bleed rate of zero by January 1, 2024, unless allowed pursuant to Section III.C.2.e.

III.C.2.e. All pneumatic controllers with a natural gas bleed rate greater than zero that remain in service due to safety and/or process purposes must comply with Sections III.D. and III.E.

III.C.2.e.(i) For pneumatic controllers in the 8-Hour Ozone Control Area with a natural gas bleed rate greater than zero in service prior to January 1, 2018, the owner or operator must submit justification for pneumatic controllers to remain in service due to safety and /or process purposes by May 1, 2018.

III.C.2.e.(ii) For pneumatic controllers in the 8-Hour Ozone Control Area with a natural gas bleed rate greater than zero placed in service on or after January 1, 2018, the owner or operator must submit justification for pneumatic controllers to be installed due to safety and /or process purposes thirty (30) days prior to installation.

III.C.2.e.(iii) For pneumatic controllers located in northern Weld County with a natural gas bleed rate greater than zero in service prior to February 14, 2023, the owner or operator must submit justification for pneumatic controllers to remain in service due to safety and /or process purposes by March 1, 2023.

III.C.2.e.(iv) For pneumatic controllers located in northern Weld County with a natural gas bleed rate greater than zero placed in service on or after February 14, 2023, the owner or operator must submit justification for pneumatic controllers to be installed due to safety and /or process purposes thirty (30) days prior to installation.

III.C.3. (State Only) Statewide:

III.C.3.a. Owners or operators of all pneumatic controllers placed in service on or after May 1, 2014, except as otherwise provided in Section III.C.4., must

III.C.3.a.(i) Utilize no-bleed pneumatic controllers where on-site electrical grid power is being used and use of a no-bleed pneumatic controller is technically and economically feasible.

III.C.3.a.(ii) If on-site electrical grid power is not being used or a no-bleed pneumatic controller is not technically and economically feasible, utilize pneumatic controllers that emit natural gas emissions in an amount equal to or less than a low-bleed pneumatic controller, unless allowed pursuant to Section III.C.3.c.

III.C.3.a.(iii) For purposes of Section III.C.3.a.(ii), instead of a low-bleed pneumatic controller, owners or operators may utilize a natural gas-driven intermittent pneumatic controller.

III.C.3.a.(iv) Utilizing self-contained pneumatic controllers satisfies Section III.C.3.a.(i).

III.C.3.b. All high-bleed pneumatic controllers in service prior to May 1, 2014, must be replaced or retrofitted by May 1, 2015, such that natural gas emissions are reduced to an amount equal to or less than a low-bleed pneumatic controller, unless allowed pursuant to Section III.C.3.c.

III.C.3.c. All high-bleed pneumatic controllers that must remain in service due to safety and/or process purposes must comply with Sections III.D. and III.E.

III.C.3.c.(i) For high-bleed pneumatic controllers in service prior to May 1, 2014, the owner/operator must submit justification for high-bleed pneumatic controllers to remain in service due to safety and/or process purposes by March 1, 2015.

III.C.3.c.(ii) For high-bleed pneumatic controllers placed in service on or after May 1, 2014, the owner/operator must submit justification for high-bleed pneumatic controllers to be installed due to safety and/or process purposes thirty (30) days prior to installation.

III.C.3.d. Continuous bleed, natural gas-driven pneumatic controllers located at natural gas-processing plants that are not subject to the requirements of Section III.C.2.

III.C.3.d.(i) All pneumatic controllers placed in service on or after January 1, 2023, must have a natural gas bleed rate of zero, unless allowed pursuant to Section III.C.3.a.(iii).

III.C.3.d.(ii) All pneumatic controllers with a bleed rate greater than zero in service prior to January 1, 2023, must be replaced or retrofit such that the pneumatic controller has a natural gas bleed rate of zero by January 1, 2024, unless allowed pursuant to Section III.C.3.a.(iii).

III.C.3.d.(iii) All pneumatic controllers with a natural gas bleed rate greater than zero that remain in service due to safety and/or process purposes must comply with Sections III.D. and III.E.

III.C.3.d.(iii)(A) For pneumatic controllers with a natural gas bleed rate greater than zero in service prior to January 1, 2023, the owner or operator must submit justification for pneumatic controllers to remain in service due to safety and /or process purposes by March 1, 2023.

III.C.3.d.(iii)(B) For pneumatic controllers with a natural gas bleed rate greater than zero placed in service on or after January 1, 2023, the owner or operator must submit justification for pneumatic controllers to be installed due to safety and /or process purposes thirty (30) days prior to installation.

III.C.4. (State Only) Non-Emitting Controller Requirements for Well Production Facilities and Natural Gas Compressor Stations

III.C.4.a. Except as provided in Section III.C.4.e.(i), the following facilities must use only non-emitting controllers:

III.C.4.a.(i) Well production facilities that commence operations on or after May 1, 2021;

III.C.4.a.(ii) Well production facilities that receive production from a well that first begins production or is recompleted or refractured on or after May 1, 2021; and

III.C.4.a.(iii) Natural gas compressor stations that commence operations or increase compression horsepower on or after May 1, 2021.

III.C.4.b. Each well production facility and natural gas compressor station with non-emitting controllers used to satisfy the requirements of Sections III.C.4.a.(i) through III.C.4.a.(iii) must contain on-site signage indicating that the facility utilizes non-emitting controllers to satisfy the requirements of this Section III.C.4. This Section III.C.4.b does not apply to operator's subject to Section III.C.4.d.(vi).

III.C.4.c. Company-Wide Non-Emitting Controller Program for Well Production Facilities That Commenced Operation before May 1, 2021

III.C.4.c.(i) Except as provided for in Section III.C.4.c.(iv), owners or operators of well production facilities that commenced operation before May 1, 2021, must phase out pneumatic controllers that emit natural gas to the atmosphere in accordance with Table 1.

III.C.4.c.(ii) Except as provided for in Section III.C.4.c.(iv), owners or operators of well production facilities that commenced operations before May 1, 2021, must:

III.C.4.c.(ii)(A) Determine Historic Facility Production for each existing well production facility that commenced operation before May 1, 2021.

III.C.4.c.(ii)(A)(1) Historic Facility Production at each existing well production facility which first began production during 2018 or earlier must be based on total liquids production (summing total barrels of oil and water produced through the well production facility) for the calendar year 2019.

III.C.4.c.(ii)(A)(2) Notwithstanding Section III.C.4.c.(ii)(A)(1), for any well production facility to which a well first began production during 2019, 2020 or by May 1, 2021, historic facility production must be based on the production for the first twelve (12) months beginning with the date of first production of the latest well to begin production prior to May 1, 2021.

III.C.4.c.(ii)(A)(3) Notwithstanding Sections III.C.4.c.(ii)(A)(1) and (2), for any well production facility to which a well first began production during 2019, 2020, or by May 1, 2021, if twelve (12) months since date of first production of the latest well to begin production has not passed as of May 1, 2021, then the owner or operator must use an estimate of the anticipated yearly production for the facility based on industry accepted calculation methodologies.

III.C.4.c.(ii)(B) Calculate the Total Historic Production for the owner or operator by summing the Historic Facility Production for all existing well production facilities that commenced operation before May 1, 2021.

III.C.4.c.(ii)(C) Determine the percentage of total liquids production for each existing facility (the Facility Percent Production) by dividing the Historic Facility Production for that facility by the Total Historic Production.

III.C.4.c.(ii)(D) Determine the Historic Non-Emitting Facility Percent Production.

III.C.4.c.(ii)(D)(1) If the well production facility, including all wellheads flowing to the well production facility, uses only non-emitting controllers, then the Facility Percent Production should be designated as Historic Non-Emitting Facility Percent Production.

III.C.4.c.(ii)(D)(2) In making the determination in Section III.C.4.c.(ii)(D)(1), pneumatic controllers that meet the conditions in Section III.C.4.e.(i) need not be considered.

III.C.4.c.(ii)(E) Determine the Total Historic Non-Emitting Facility Percent Production percentage by summing the Historic Non-Emitting Facility Percent Production for all well production facilities that commenced operation prior to May 1, 2021. The Total Historic Non-Emitting Facility Percent Production determines an owner or operators' May 1, 2022 and May 1, 2023 Additional Required Non-Emitting Facility Percent Production, as set forth in Table 1.

III.C.4.c.(iii) Owners or operators must demonstrate compliance with Table 1's May 1, 2022 and May 1, 2023 Additional Required Non-Emitting Facility Percent Production through any combination of (1) retrofitting well production facilities to utilize non-emitting controllers or (2) plugging and abandoning an existing well production facility.

III.C.4.c.(iv) An owner or operator that demonstrates that its total statewide oil and natural gas production averages 15 barrels of oil equivalent or less per day per well is not subject to the requirements of Sections III.C.4.c.(i) through (iii). To calculate average statewide oil and natural gas production per day per well, an owner or operator must sum all oil and natural gas production for calendar year 2019 in barrels of oil equivalent, divide by three hundred and sixty-five, and divide by the number of wells the owner or operator operated statewide that produced hydrocarbons in 2019.

III.C.4.c.(v) If a well production facility for which production was included in a calculation of achieving a Total Required Non-Emitting Facility Percent Production target is sold or transferred prior to May 1, 2023 and the selling or transferring owner or operator plans to utilize the well production facility to show compliance with Table 1, the selling or transferring owner or operator (and the buyer or transferee, as applicable) must submit to the Division an acknowledgment or certification within 30 days following sale or transfer, in a form acceptable to the Division, identifying how the selling or transferring owner or operator will utilize the well production facility to show compliance with Table 1.

In each submission of the updated Company-Wide Well Production Facility Natural Gas-Driven Pneumatic Controller Compliance Plan, the owner or operator will provide the date (month and year) when a well production facility was transferred since the last submission and whether or not the well production facility contributed or will contribute towards achieving the Total Required Non-Emitting Facility Percent Production. An owner or operator that merges with or acquires an owner or operator with a Company-Wide Well Production Facility Natural Gas-Driven Pneumatic Controller Compliance Plan must comply, despite the resulting ownership or operatorship, with each Company-Wide Well Production Facility Natural Gas-Driven Pneumatic Controller Compliance Plan, as applicable, and as established on September 1, 2021.

III.C.4.c.(vi) For each facility designated as contributing to Historic Non-Emitting Facility Percent Production, the owner or operator will place signage on-site by October 1, 2021 indicating that the facility utilizes non-emitting controllers to satisfy the requirements of this Section III.C.4.c.

TABLE 1*-Well Production Facilities
Total Historic Non-Emitting Facility Percent Production	May 1, 2022 Additional Required Non-Emitting Facility Percent Production	May 1, 2022 Maximum Required Non-Emitting Facility Percent Production	May 1, 2023 Additional Required Non-Emitting Facility Percent Production	May 1, 2023 Maximum Required Non-Emitting Facility Percent Production	Total Additional Required Non-Emitting Facility Percent Production By May 1 2023
> 75 %	+5%	90%	+10%	96.5%	+15%
> 60-75 %	+5%	80%	+10%	90%	+15%
> 40-60 %	+10%	65%	+15%	75%	+25%
> 20-40 %	+15%	50%	+20%	65%	+35%
0-20 %	+15%	35%	+25%	55%	+40%

* Table 1 establishes minimum increases in the percentage of liquids produced (based on historic non-emitting controller use) from non-emitting facilities. Owners or operators do not need to go beyond the maximum required percentages set forth in Table 1, although they may choose to do so.

III.C.4.d. Company-Wide Non-Emitting Controller Compliance Program for Natural Gas Compressor Stations that Commenced Operation Before May 1, 2021.

III.C.4.d.(i) Owners or operators of natural gas compressor stations that commenced operation before May 1, 2021, must phase out pneumatic controllers that emit natural gas to the atmosphere in accordance with Table 2.

III.C.4.d.(ii) Owners or operators of natural gas compressor stations that commenced operation before May 1, 2021, must:

III.C.4.d.(ii)(A) Determine Total Controller Count for all controllers at all of the owner or operator's natural gas compressor stations that commenced operation before May 1, 2021. The Total Controller Count must include all pneumatic controllers and all non-emitting controllers, except that pneumatic controllers excluded under Sections III.C.4.e.(i)(A) through (C) are not included in the Total Controller Count.

III.C.4.d.(ii)(B) Determine which controllers in the Total Controller Count are non-emitting and sum the total number of non-emitting controllers and designate those as Total Historic Non-Emitting Controllers.

III.C.4.d.(ii)(C) Determine the Total Historic Non-Emitting Percent Controllers by dividing the Total Historic Non-Emitting Controller Count by the Total Controller Count.

III.C.4.d.(iii) Owners or operators must demonstrate compliance with Table 2's May 1, 2022 and May 1, 2023 Additional Required Percentage of Non-Emitting Controllers through any combination of (1) retrofitting controllers at natural gas compressor stations to utilize non-emitting controllers or (2) permanently removing natural gas compressor stations from service.

III.C.4.d.(iv) Pneumatic controllers that emit natural gas to atmosphere at natural gas compressor stations with non-emitting controllers must be tagged, which will indicate that the controller may emit natural gas. The tags must differentiate between pneumatic controllers that are exempt under Sections III.C.4.e.(i)(A) through (C) and pneumatic controllers that emit natural gas to the atmosphere under the company-wide plan. Tagging pursuant to this Section III.C.4.d.(iv) must occur by May 1, 2022.

III.C.4.d.(v) If a natural gas compressor station for which the number of pneumatic controllers located at such compressor station was included in a calculation of achieving a Total Required Non-Emitting Percent Controllers target is sold or transferred prior to May 1, 2023 and the selling or transferring owner or operator plans to utilize the pneumatic controllers at that natural gas compressor station to show compliance with Table 2, the selling or transferring owner or operator (and the buyer or transferee, as applicable) must submit to the Division an acknowledgement or certification, within 30 days following sale or transfer, in a form acceptable to the Division, identifying how the selling or transferring owner or operator will utilize the pneumatic controllers at that natural gas compressor station to show compliance with Table 2.

In each submission of the updated Company-Wide Compressor Station Pneumatic Controller Compliance Plan, the owner or operator will provide the date (month and year) when the natural gas compressor station was transferred since the last submission and whether or not the compressor station contributed or will contribute towards achieving the Total Required Non-Emitting Percent Controllers. An owner or operator that merges with or acquires an owner or operator with a Company-Wide Compressor Station Pneumatic Controller Compliance Plan must comply, despite the resulting ownership or operatorship, with each Company-Wide Compressor Station Pneumatic Controller Compliance Plan, as applicable, and as established on September 1, 2021.

III.C.4.d.(vi) This section applies to owners or operators of natural gas compressor stations where all the owner or operator's active, operating natural gas compressor stations use only non-emitting controllers (except that pneumatic controllers that qualify for the exclusions set forth in Sections III.C.4.e.(i)(A) through (C) are not required to be non-emitting controllers).

III.C.4.d.(vi)(A) No later than September 1, 2021, such owners or operators may file a one-time notification with the Division in lieu of the requirements in Sections III.C.4.d.(i) through (iii) that:

III.C.4.d.(vi)(A)(1) Lists each active, operating natural gas compressor station (including AIRS identification numbers and facility names) and that includes a certification by the company representative that supervised the development and submission of the notification that, based on information and belief formed after reasonable inquiry, each of its active, operating natural gas compressor stations uses only non-emitting controllers (except that pneumatic controllers that qualify for the exclusions set forth in Sections III.C.4.e.(i)(A) through (C) are not required to be non-emitting controllers); and

III.C.4.d.(vi)(A)(2) Lists each inactive, non-operating compressor station (including AIRS identification numbers and facility names) and that includes a certification by the company representative that supervised the development and submission of the notification that after May 1, 2021, such compressor stations have not and subsequently will not operate with pneumatic controllers that emit natural gas to the atmosphere, except pneumatic controllers that qualify for exclusions set forth in subject to Sections III.C.4.e.(i)(A) through (C).

III.C.4.d.(vi)(B) If applicable, the notifications submitted under this section must list any pneumatic controllers that qualify for exclusions pursuant to Sections III.C.4.e.(i)(A) through (C) and identify the specific exemption applicable to each such pneumatic controller. Operators must tag any controller qualifying for the exclusions in Sections III.C.4.e.(i)(A) through (C) by October 1, 2021.

III.C.4.d.(vi)(C) The owner or operator must maintain a copy of the one-time notification required by Section III.C.4.d.(vi)(A) for five years.

TABLE 2* - Natural Gas Compressor Stations
Total Historic Percentage of Non-Emitting Controllers	May 1, 2022 Additional Required Percentage of Non-Emitting Controllers	May 1, 2022 Maximum Required Percentage of Non-Emitting Controllers	May 1, 2023 Additional Required Percentage of Non-Emitting Controllers	May 1, 2023 Maximum Required Percentage of Non-Emitting Controllers	Total Additional Required Percentage of Non-Emitting Controllers By May 1, 2023
> 75 %	+10%	90%	+15%	100%	+25%
> 60-75 %	+10%	85%	+20%	92%	+30%
> 40-60 %	+10%	70%	+25%	75%	+35%
> 20-40 %	+15%	50%	+25%	65%	+40%
0-20 %	+20%	35%	+25%	60%	+45%

* Table 2 establishes minimum additional percentages of non-emitting controllers required by May 1, 2022 and May 1, 2023 based on a company's historic percentage of non-emitting controllers. Owners and operators need not go beyond the maximum required percentages specified in Table 2, although they may choose to do so.

III.C.4.e. Pneumatic Controllers That Emit Natural Gas to the Atmosphere Not Subject to Non-Emitting Controller Requirements for Well Production Facilities and Natural Gas Compressor Stations.

III.C.4.e.(i) Pneumatic controllers that emit natural gas to the atmosphere meeting any of the following conditions are not subject to the requirements in Section III.C.4.a. and are not required to be retrofit in order to count the facility or controller as non-emitting for compliance with the company-wide plans under Sections III.C.4.c. and III.C.4.d.

III.C.4.e.(i)(A) Pneumatic controllers necessary for a safety or process purpose that cannot otherwise be met without emitting natural gas.

III.C.4.e.(i)(A)(1) Owners or operators that seek to rely on this exemption for facilities listed in Sections III.C.4.a.(i) through (iii) must submit a justification for the safety or process purposes to the Division for approval forty-five (45) days prior to installation of emitting device or retrofit of the facility. If the Division does not respond to the justification within forty-five (45) days after submission of the justification, the justification will be deemed approved.

III.C.4.e.(i)(A)(2) Owners or operators that seek to rely on this exemption to maintain emitting controllers at facilities that are retrofit to meet requirements of Section III.C.4.c.(i) must submit a justification for the safety or process purposes to the Division for approval forty-five (45) days prior to retrofit of the facility. If the Division does not respond to the justification within forty-five (45) days after submission of the justification, the justification will be deemed approved.

III.C.4.e.(i)(B) Pneumatic controllers that emit natural gas located on temporary or portable equipment that is used for well abandonment activities or used prior to or through the end of flowback.

III.C.4.e.(i)(C) Pneumatic controllers that emit natural gas located on temporary or portable equipment meeting the requirements of this Section III.C.4.e.(i)(C).

III.C.4.e.(i)(C)(1) Upon notice to the Division on a form developed by the Division, pneumatic controllers that emit natural gas other than those covered by Section III.C.4.e.(i)(B) located on temporary or portable equipment that is in use and onsite for sixty (60) days or less. However, this exemption for temporary or portable equipment does not apply to pneumatic controllers that emit natural gas used on temporary or portable equipment to temporarily increase throughput capacity of a facility.

III.C.4.e.(i)(C)(2) An owner or operator must obtain written approval from the Division for continued use beyond 60 days of pneumatic controllers that emit natural gas under Section III.C.4.e.(i)(C). The owner or operator must submit the request for an extension to the Division at least fourteen (14) days before the 60-day period expires. If the Division does not respond to the request before the 60-day period expires, the request will be deemed approved until such time as the Division may determine that the extension should be denied.

III.C.4.e.(i)(C)(2)(a) To request such an exemption, the owner or operator must submit a plan for Division approval which (1) identifies the temporary or portable equipment and number and type of pneumatic controllers that emit natural gas, (2) identifies how long the owner or operator plans to keep the equipment on site, (3) explains the need for an extension, and (4) other information as reasonably required by the Division.

III.C.4.e.(i)(C)(2)(b) In explaining the need for an extension, the operator must clearly identify the basis for extension; the anticipated schedule for use of the temporary or portable equipment; and the steps taken to minimize the length of the requested extension.

III.C.4.e.(i)(C)(3) The operator must inspect the pneumatic controllers using approved instrument monitoring method and AVO, consistent with Section II.E, at the same frequency as the associated well production facility or compressor station, and must comply with the repair, recordkeeping, and reporting provisions in Sections II.E.6 through 9.

III.C.4.e.(i)(D) Pneumatic controllers that emit natural gas to the atmosphere that are used as emergency shutdown devices or for artificial lift control located on a wellhead:

(1) greater than one quarter mile from the associated production facilities for well production facilities that commenced operation on or after May 1, 2021; or

(2) not located on the same surface disturbance as the associated production facilities for well production facilities that commenced operation before May 1, 2021.

III.C.4.e.(i)(D)(1) Owners or operators who seek to use a pneumatic controller at a qualifying wellhead at a facility listed in Sections III.C.4.a.(i) or (ii) that is not used as an emergency shutdown device or for artificial lift control must submit a justification for the use of such a pneumatic controller to the Division for approval forty-five (45) days prior to installation of the emitting device or retrofit of the facility. If the Division does not respond to the justification within forty-five (45) days after submission of the justification, the justification will be deemed approved.

III.C.4.e.(i)(D)(2) Owners or operators that seek to rely on this exemption to exclude emitting pneumatic controllers at a qualifying wellhead that are not used as an emergency shutdown device or for artificial lift control when determining their Total Historic Non-Emitting Facility Percent Production pursuant to Section III.C.4.c.(ii) must submit a justification to the Division for approval no later than July 1, 2021. If the Division does not respond to the justification by August 15, 2021, the justification will be deemed approved.

III.C.4.e.(i)(D)(3) Operators that utilize the exemption in Section III.C.4.e.(i)(D) must identify leaks from components using an approved instrument monitoring method and AVO, consistent with Section II.E, at the same frequency as the well production facility to which the well flows as set forth in Table 3 of Section II.E.4, or on a frequency no less than one time per year, whichever is greater, and must comply with the repair, recordkeeping, and reporting provisions in Sections II.E.6 through 9. For well production facilities that commenced operation before May 1, 2021 with wellheads utilizing this exemption, the requirement in this Section III.C.4.e.(i)(D)(3) must begin May 1, 2022.

III.C.4.e.(i)(D)(3)(a) An owner or operator that cannot reasonably access the wellhead site to conduct a monthly AIMM or AVO inspection due to circumstances beyond its control (including but not limited to the presence of crops, wildlife restrictions, or severe weather conditions) shall conduct an AVO or AIMM inspection, as applicable, within 14 days of the condition preventing inspection being resolved. Owners or operators that rely on this Section III.C.4.e.(i)(D)(3)(a) must maintain records pursuant to Section III.C.4.g.(vii) and report pursuant Section III.C.4.g.(viii).

III.C.4.e.(i)(D)(3)(b) Operators may use drone-mounted infra-red cameras that ensure line of sight and appropriate distance from the drone to all wellhead equipment and components to conduct the inspections required under Section III.C.4.e.(i)(D)(3). Operators must develop their own methodology before using OGI camera-equipped aerial drones and make that methodology available to the Division upon request.

III.C.4.e.(i)(D)(4) If a wellhead has on-site electrical grid power to operate an electric controller, then operators may not utilize the exemption in Section III.C.4.e.(i)(D) for any pneumatic controller at the wellhead for which it is technically feasible to utilize an electric controller.

III.C.4.e.(i)(D)(5) Operators may not utilize the exemption in Section III.C.4.e.(i)(D) where equipment with pneumatic controllers other than the wellhead is located at the wellhead site.

III.C.4.e.(ii) By October 1, 2021, each pneumatic controller at a well production facility that emits natural gas pursuant to Sections III.C.4.e.(i)(A) through (D) must be tagged, which will indicate that the controller may emit natural gas.

III.C.4.e.(iii) By October 1, 2021, each pneumatic controller at a natural gas compressor station that emits natural gas pursuant to Sections III.C.4.e.(i)(A) through (C) must be tagged, which will indicate that the controller may emit natural gas.

III.C.4.f. Company-Wide Well Production Facility and Natural Gas Compressor Station Reporting Requirements.

III.C.4.f.(i) Owners and operators of well production facilities subject to Sections III.C.4.c.(i) through (iii) must submit a Company-Wide Well Production Facility Pneumatic Controller Compliance Plan to the Division on the Division-approved form by September 1, 2021, and include all of the following elements:

III.C.4.f.(i)(A) A list of existing well production facilities as of May 1, 2021, including AIRS identification numbers and facility names.

III.C.4.f.(i)(B) The following for each well production facility:

III.C.4.f.(i)(B)(1) Historic Facility Production.

III.C.4.f.(i)(B)(2) Facility Percent Production.

III.C.4.f.(i)(B)(3) Historic Non-Emitting Facility Percent Production.

III.C.4.f.(i)(B)(4) The API number for each producing well included in the Total Historic Facility Production.

III.C.4.f.(i)(C) The following company-wide information:

III.C.4.f.(i)(C)(1) Total Historic Production.

III.C.4.f.(i)(C)(2) Total Historic Non-Emitting Facility Percent Production, including a list of facilities already using non-emitting controllers as determined in Section III.C.4.c.(ii)(E).

III.C.4.f.(i)(C)(3) Total Required Non-Emitting Facility Percent Production.

III.C.4.f.(i)(D) An indication of which and in what year well production facilities are expected to be retrofit with non-emitting controllers, or plugged and abandoned, to meet the required Additional Non-Emitting Facility Percent Production for each year listed in Table 1.

III.C.4.f.(ii) Owners or operators will submit an updated Company-Wide Facility Pneumatic Controller Compliance Plan by July 1 of each year listed in Table 1, unless the owner or operator has demonstrated compliance with the Total Required Non-Emitting Facility Percent Production in a previous year's plan. The updated plan will include all of the following elements:

III.C.4.f.(ii)(A) All elements set forth in Sections III.C.4.f.(i)(A) through (C).

III.C.4.f.(ii)(B) The date (month and year) that any well production facilities were retrofit or plugged and abandoned since the prior submission, which may vary from the information previously provided pursuant to Section III.C.4.f.(i)(D).

III.C.4.f.(ii)(C) An update of information set forth in Section III.C.4.f.(i)(D) if the Total Required Non-Emitting Facility Percent Production required by Table 1 has not been met.

III.C.4.f.(ii)(D) For each submission, the owner or operator must list each existing well production facility that is utilizing non-emitting controllers and provide a demonstration that the required Additional Non-Emitting Facility Percent Production for the relevant year has been met.

III.C.4.f.(ii)(E) In the final year, the owner or operator must additionally provide a demonstration that the Total Required Non-Emitting Facility Percent Production has been met.

III.C.4.f.(iii) Owners and operators of natural gas compressor stations subject to Sections III.C.4.d.(i) through (iii) must submit a Company-Wide Compressor Station Pneumatic Controller Compliance Plan to the Division on a Division-approved form by September 1, 2021, and include all of the following elements:

III.C.4.f.(iii)(A) A listing of existing natural gas compressor stations as of May 1, 2021, including AIRS identification numbers and facility names.

III.C.4.f.(iii)(B) The following company-wide information:

III.C.4.f.(iii)(B)(1) Total Controller Count, including a list of each pneumatic controller and all non-emitting controllers, except that pneumatic controllers excluded under Sections III.C.4.e.(i)(A) through (C) are not included in the Total Controller Count.

III.C.4.f.(iii)(B)(2) Total Historic Non-Emitting Controllers, including an indication as to which controllers are already non-emitting.

III.C.4.f.(iii)(B)(3) Total Required Non-Emitting Facility Percent Controllers.

III.C.4.f.(iii)(C) An indication of which and in what year controllers are expected to be retrofit with non-emitting controllers or removed from service (as applicable) to meet the required Additional Non-Emitting Percent Controllers for each year listed in Table 2.

III.C.4.f.(iv) Owners or operators will submit an updated Company-Wide Compressor Station Pneumatic Controller Compliance Plan by July 1 of each year listed in Table 2, unless the owner or operator has demonstrated compliance with the Total Required Non-Emitting Percent Controllers in a previous year's plan. The updated plan will include all of the following elements:

III.C.4.f.(iv)(A) All elements set forth in Sections III.C.4.f.(iii)(A) through (B).

III.C.4.f.(iv)(B) The date (month and year) that any controllers at natural gas compressor stations were retrofit or removed from service since the prior submission, which may vary from the information previously provided pursuant to Section III.C.4.f.(iii)(C).

III.C.4.f.(iv)(C) The information set forth in Section III.C.4.f.(iii)(C) if the Total Required Non-Emitting Percent Controllers required by Table 2 has not been met.

III.C.4.f.(iv)(D) For each submission, the owner or operator must list total controllers and total non-emitting controllers at existing natural gas compressor stations and provide a demonstration that the required Additional Non-Emitting Percent Controllers for the relevant year has been met.

III.C.4.f.(iv)(E) In the final year, the owner or operator must additionally provide a demonstration that the Total Required Non-Emitting Percent Controller has been met.

III.C.4.g. Recordkeeping and Reporting Requirements. The records in Sections III.C.4.g.(i) through (vii) must be kept for a period of five years and made available to the Division upon request.

III.C.4.g.(i) Records of the date a well production facility completes retrofit or all wells flowing to the well production facility are plugged and abandoned, or the date natural gas compressor station pneumatic controllers were retrofit or is taken out of service.

III.C.4.g.(ii) If claiming an exemption under Sections III.C.4.e.(i)(A) through III.C.4.e.(i)(D), records for each pneumatic controller demonstrating that the exemption applies.

III.C.4.g.(iii) Copies of the Company-Wide Well Production Facility Pneumatic Controller Compliance Plan and Company-Wide Compressor Station Pneumatic Controller Compliance Plans required to be submitted by Sections III.C.4.f.(i) through III.C.4.f.(iv).

III.C.4.g.(iv) For any owner or operator utilizing the provision in Section III.C.4.c.(iv), the records described in Section III.C.4.c.(iv) that demonstrate the owner or operator qualifies for that provision.

III.C.4.g.(v) For each pneumatic controller required to be tagged pursuant to Sections III.C.4.d.(iv), III.C.4.d.(vi)(B), III.C.4.e.(ii), or III.C.4.e.(iii), a list of each tagged pneumatic controller, equipment location, and its tag identification number.

III.C.4.g.(vi) Records required to be submitted to the Division pursuant to Sections III.C.4.c.(v) and III.C.4.d.(v).

III.C.4.g.(vii) Owners or operators that rely on Section III.C.4.e.(i)(D)(3)(a) must maintain:

(1) the date of the AIMM or AVO inspection at the production facility to which the well flows,

(2) the date of the AIMM or AVO inspection of the wellhead site once the conditions preventing inspection has been resolved, and

(3) records demonstrating the circumstances that prevented the wellhead site from being inspected.

III.C.4.g.(viii) Owners or operators that rely on Section III.C.4.e.(i)(D)(3)(a) shall report annually by May 31 of each year, on a form approved by the Division, the number of wellhead sites for which the AIMM inspection was delayed pursuant to Section III.C.4.e.(i)(D)(3)(a), the number of wellhead sites for which the AVO inspection was delayed pursuant to Section III.C.4.e.(i)(D)(3)(a), and the total number of wellhead sites where inspections were delayed pursuant to Section III.C.4.e.(i)(D)(3)(a) for (1) 30 days or less, (2) greater than 30 days but less than or equal to 90 days, and (3) greater than 90 days.

III.D. Monitoring

This section applies to pneumatic controllers identified in Sections III.C.1.f. and III.C.2.e. (State Only: and in Sections III.C.3.c. and III.C.3.d.(iii)).

III.D.1. In the 8-Hour Ozone Control Area or northern Weld County and located from the wellhead to the natural gas processing plant or point of custody transfer to an oil pipeline:

III.D.1.a. Effective May 1, 2009, or February 14, 2023, if located in northern Weld County, each high-bleed pneumatic controller must be physically tagged by the owner or operator identifying it with a unique high-bleed pneumatic controller number that is assigned and maintained by the owner or operator.

III.D.1.b. Effective May 1, 2009, or February 14, 2023, if located in northern Weld County, the owner or operator must inspect each high-bleed pneumatic controller on a monthly basis, perform necessary maintenance (such as cleaning, tuning, and repairing leaking gaskets, tubing fittings, and seals; tuning to operate over a broader range of proportional band, eliminating unnecessary valve positioners), and maintain the pneumatic controller according to manufacturer specifications to ensure that the controller's natural gas emissions are minimized.

III.D.2. In the 8-Hour Ozone Control Area or northern Weld County and located at a natural gas processing plant:

III.D.2.a. Effective May 1, 2018, or March 1, 2023, if located in northern Weld County, each pneumatic controller with a natural gas bleed rate greater than zero must be physically tagged by the owner or operator identifying it with a unique pneumatic controller number that is assigned and maintained by the owner or operator.

III.D.2.b. Effective May 1, 2018, or March 1, 2023, if located in northern Weld County, the owner or operator must inspect each pneumatic controller with a natural gas bleed rate greater than zero on a monthly basis, perform necessary maintenance (such as cleaning, tuning, and repairing leaking gaskets, tubing fittings, and seals; tuning to operate over a broader range of proportional band; eliminating unnecessary valve positioners), and maintain the pneumatic controller according to manufacturer specifications to ensure that the controller's natural gas emissions are minimized.

III.D.3. (State Only) Statewide:

III.D.3.a. Effective May 1, 2015, each high-bleed pneumatic controller must be physically tagged by the owner or operator identifying it with a unique high-bleed pneumatic controller number that is assigned and maintained by the owner or operator.

III.D.3.b. Effective May 1, 2015, the owner or operator must inspect each high-bleed pneumatic controller on a monthly basis, perform necessary maintenance (such as cleaning, tuning, and repairing leaking gaskets, tubing fittings, and seals; tuning to operate over a broader range of proportional band; eliminating unnecessary valve positioners), and maintain the pneumatic controller according to manufacturer specifications to ensure that the controller's natural gas emissions are minimized.

III.D.4. (State Only) Located at a natural gas processing plant not subject to Section III.D.2.

III.D.4.a. Effective March 1, 2023, each pneumatic controller with a natural gas bleed rate greater than zero must be physically tagged by the owner or operator identifying it with a unique pneumatic controller number that is assigned and maintained by the owner or operator.

III.D.4.b. Effective March 1, 2023, the owner or operator must inspect each pneumatic controller with a natural gas bleed rate greater than zero on a monthly basis, perform necessary maintenance (such as cleaning, tuning, and repairing leaking gaskets, tubing fittings, and seals; tuning to operate over a broader range of proportional band; eliminating unnecessary valve positioners), and maintain the pneumatic controller according to manufacturer specifications to ensure that the controller's natural gas emissions are minimized.

III.E. Recordkeeping

III.E.1. In the 8-Hour Ozone Control Area or northern Weld County:

III.E.1.a. Continuous bleed, natural gas-driven pneumatic controllers located from the wellhead to the natural gas processing plant or point of custody transfer to an oil pipeline:

III.E.1.a.(i) By January 1, 2019, or January 1, 2024, if located in northern Weld County, owners or operators must compile an estimate of the total number of continuous bleed, natural gas-driven pneumatic controllers in service prior to January 1, 2018, or January 1, 2024, if located in northern Weld County, and documentation (e.g., manufacturer specification, engineering calculations) that the natural gas bleed rate is less than or equal to 6 standard cubic feet of gas per hour.

III.E.1.a.(ii) Beginning January 1, 2018, or January 1, 2024, if located in northern Weld County, the owner or operator must maintain records of the make and model of each type of continuous bleed, natural gas-driven pneumatic controllers placed in service on or after January 1, 2018, or January 1, 2024, if located in northern Weld County, and documentation (e.g., manufacturer specification, engineering calculations) that the natural gas bleed rate is less than or equal to 6 standard cubic feet of gas per hour. Owners or operators must use this information to update the estimate required in Section III.E.1.a.(i) every three years (i.e., by January 1, 2022, January 1, 2025, etc.) (i.e., for northern Weld County, January 1, 2027, January 1, 2030, etc.).

III.E.1.b. Continuous bleed, natural gas-driven pneumatic controllers located at a natural gas processing plant:

III.E.1.b.(i) By January 1, 2019, or January 1, 2024, if located in northern Weld County, owners or operators must compile an estimate of the total number of continuous bleed, natural gas-driven pneumatic controllers in service prior to January 1, 2018, or January 1, 2024, if located in northern Weld County, and documentation (e.g., manufacturer specification, engineering calculations) that the natural gas bleed rate is zero.

III.E.1.b.(ii) Beginning January 1, 2018, or January 1, 2024, if located in northern Weld County, the owner or operator must maintain records of the make and model of each type of continuous bleed, natural gas-driven pneumatic controllers placed in service on or after January 1, 2018, or January 1, 2024, if located in northern Weld County, and documentation (e.g., manufacturer specification, engineering calculations) that the natural gas bleed rate is zero. Owners or operators must use this information to update the estimate required in Section III.E.1.b.(i) every three years (i.e., by January 1, 2022, January 1, 2025, etc.) (i.e., for northern Weld County, January 1, 2027, January 1, 2030, etc.).

III.E.1.c. Records must be maintained for a minimum of five years and made available to the Division upon request.

III.E.2. This section applies only to pneumatic controllers identified in Sections III.C.1.f. and III.C.2.e. (State Only: and in Section III.C.3.c.).

III.E.2.a. The owner or operator must maintain a log of the total number of pneumatic controllers and their associated controller numbers per facility, the total number of pneumatic controllers per company and the associated justification that the pneumatic controllers must be used pursuant to Sections III.C.1.f. and III.C.2.e. (State Only: and in Section III.C.3.c.). The log shall be updated on a monthly basis.

III.E.2.b. The owner or operator must maintain a log of necessary maintenance which shall include, at a minimum, inspection dates, the date of the maintenance activity, pneumatic controller number, description of the maintenance performed, results and date of any corrective action taken, and the printed name and signature of the individual performing the maintenance. The log shall be updated on a monthly basis.

III.E.2.c. Records of maintenance of pneumatic controllers shall be maintained for a minimum of three years and readily made available to the Division upon request.

III.F. (State Only) Pneumatic Controller Inspection and Enhanced Response

III.F.1. General Requirements

III.F.1.a. Beginning January 1, 2018, owners or operators of natural gas-driven pneumatic controllers in the 8-Hour Ozone Control Area must operate and maintain pneumatic controllers consistent with manufacturer's specifications, if available, or good engineering and maintenance practices.

III.F.1.b. Beginning May 1, 2020, owners or operators of natural gas-driven pneumatic controllers state-wide must operate and maintain pneumatic controllers consistent with manufacturer's specifications, if available, or good engineering and maintenance practices.

III.F.2. Pneumatic controller inspection

III.F.2.a. Beginning June 30, 2018, through calendar year 2019, owners or operators of natural gas-driven pneumatic controllers at well production facilities in the 8-Hour Ozone Control Area must inspect pneumatic controllers using an approved instrument monitoring method at least

III.F.2.a.(i) Annually at well production facilities with uncontrolled actual volatile organic compound emissions greater than or equal to one (1) ton per year and less than or equal to six (6) tons per year, based on a rolling twelve-month total.

III.F.2.a.(ii) Semi-annually at well production facilities with uncontrolled actual volatile organic compound emissions greater than six (6) tons per year and less than or equal to twelve (12) tons per year, based on a rolling twelve-month total.

III.F.2.a.(iii) Quarterly at well production facilities with uncontrolled actual volatile organic compound emissions greater than twelve (12) tons per year and less than or equal to twenty (20) tons per year, based on a rolling twelve-month total, or fifty (50) tons per year if no storage tanks storing oil or condensate are located at the well production facility, based on a rolling twelve-month total.

III.F.2.a.(iv) Monthly at well production facilities with uncontrolled actual volatile organic compound emissions greater than twenty (20) tons per year, based on a rolling twelve-month total, or fifty (50) tons per year if no storage tanks storing oil or condensate are located at the well production facility, based on a rolling twelve-month total.

III.F.2.b. Beginning calendar year 2020, owners or operators of natural gas-driven pneumatic controllers at well production facilities must inspect pneumatic controllers using an approved instrument monitoring method at least:

III.F.2.b.(i) Annually at well production facilities in the 8-Hour Ozone Control Area with uncontrolled actual volatile organic compound emissions greater than or equal to one (1) ton per year and less than two (2) tons per year, based on a rolling twelve-month total.

III.F.2.b.(ii) Semi-annually at well production facilities statewide with uncontrolled actual volatile organic compound emissions greater than or equal to two (2) tons per year and less than or equal to twelve (12) tons per year, based on a rolling twelve-month total.

III.F.2.b.(iii) Quarterly at well production facilities statewide with uncontrolled actual volatile organic compound emissions greater than twelve (12) tons per year and less than or equal to twenty (20) tons per year, based on a rolling twelve-month total, or fifty (50) tons per year if no storage tanks storing oil or condensate are located at the well production facility, based on a rolling twelve-month total.

III.F.2.b.(iv) Monthly at well production facilities statewide with uncontrolled actual volatile organic compound emissions greater than twenty (20) tons per year, based on a rolling twelve-month total, or fifty (50) tons per year if no storage tanks storing oil or condensate are located at the well production facility, based on a rolling twelve-month total.

III.F.2.c. Beginning calendar year 2023, owners or operators of natural gas-driven pneumatic controllers at well production facilities must inspect pneumatic controllers using an approved instrument monitoring method at the same frequency that the owner or operator inspects components for leaks pursuant to Sections II.E.4.e. or II.E.4.f.

III.F.2.d. For purposes of Sections III.F.2.a. through III.F.2.c., the estimated uncontrolled actual VOC emissions from the highest emitting storage tank at the well production facility determines the frequency at which inspections must be performed. If no storage tanks storing oil or condensate are located at the well production facility, owners or operators must rely on the facility emissions (controlled actual VOC emissions from all permanent equipment, including emissions from components determined by utilizing the emission factors defined as less than 10,000 ppmv of Table 2-8 of the 1995 EPA Protocol for Equipment Leak Emission Estimates).

III.F.2.e. Beginning June 30, 2018, owners or operators of natural gas-driven pneumatic controllers at natural gas compressor stations in the 8-Hour Ozone Control Area must inspect pneumatic controllers using an approved instrument monitoring method at least:

III.F.2.e.(i) Quarterly at natural gas compressor stations with fugitive volatile organic compound emissions greater than zero (0) and less than or equal to fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.e.(ii) Monthly at natural gas compressor stations with fugitive volatile organic compounds greater than fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.f. Beginning calendar year 2020, owners or operators of natural gas-driven pneumatic controllers at natural gas compressor stations outside the 8-Hour Ozone Control Area must inspect pneumatic controllers using an approved instrument monitoring method at least

III.F.2.f.(i) Semi-annually at natural gas compressor stations with fugitive volatile organic compound emissions greater than zero (0) and less than or equal to twelve (12) tons per year, based on a rolling twelve-month total.

III.F.2.f.(ii) Quarterly at natural gas compressor stations with fugitive volatile organic compound emissions greater than twelve (12) and less than or equal to fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.f.(iii) Monthly at natural gas compressor stations with fugitive volatile organic compounds greater than fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.g. Beginning calendar year 2023, owners or operators of natural gas-driven pneumatic controllers at natural gas compressor stations must inspect pneumatic controllers using an approved instrument monitoring method at least

III.F.2.g.(i) Quarterly at natural gas compressor stations with fugitive volatile organic compound emissions greater than zero (0) and less than or equal to fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.g.(ii) Bimonthly at natural gas compressor stations with fugitive volatile organic compound emissions greater than zero (0) and less than or equal to fifty (50) tons per year, based on a rolling twelve-month total, and located within a disproportionately impacted community or within 1,000 feet of an occupied area.

III.F.2.g.(iii) Monthly at natural gas compressor stations with fugitive volatile organic compounds greater than fifty (50) tons per year, based on a rolling twelve-month total.

III.F.2.h. For purposes of Sections III.F.2.d. and III.F.2.e., fugitive emissions must be calculated using the emission factors of Table 2-4 of the 1995 EPA Protocol for Equipment Leak Emission Estimates (Document EPA-453/R-95-017), or other Division approved method.

III.F.2.i. Beginning January 1, 2023, owners or operators of natural gas-driven pneumatic controllers located at natural gas-processing plants must inspect pneumatic controllers at least quarterly using an approved instrument monitoring method.

III.F.2.j. Where detectable emissions from the pneumatic controller are observed, owners or operators must determine whether the pneumatic controller is operating properly within five (5) working days after detecting emissions. In making this determination, owners or operators may use techniques other than approved instrument monitoring methods.

III.F.2.k. For pneumatic controllers not operating properly, the owner or operator must conduct enhanced response or follow manufacturer specifications to return the pneumatic controller to proper operation.

III.F.3. Enhanced response and remonitoring

III.F.3.a. Enhanced response must begin no later than five (5) working days and the pneumatic controller returned to proper operation no later than thirty (30) working days after determining the pneumatic controller is not operating properly, unless parts are unavailable, the equipment requires shutdown to complete enhanced response, or other good cause exists. If parts are unavailable, they must be ordered promptly and enhanced response conducted within fifteen (15) working days of receipt of the parts. If shutdown is required, enhanced response must be conducted during the next scheduled shutdown. If delay is attributable to other good cause, enhanced response must be completed within fifteen (15) working days after the cause of delay ceases to exist.

III.F.3.b. Within fifteen (15) working days of completion of enhanced response, the owner or operator must verify the pneumatic controller is operating properly. In verifying proper operation, owners or operators may use techniques other than approved instrument monitoring methods.

III.F.3.c. Pneumatic controllers found emitting detectable emissions are not subject to enforcement by the Division unless the owner or operator fails to determine whether the pneumatic controller is operating properly in accordance with Section III.F.2., perform any necessary enhanced response in accordance with Section III.F.3., keep records in accordance with Section III.F.4., or submit reports in accordance with Section III.F.5.

III.F.4. Owners or operators must maintain the following records for a minimum of three (3) years and make records available to the Division upon request.

III.F.4.a. The date, facility name, facility AIRS ID or facility location if the facility does not have an AIRS ID, and approved instrument monitoring method used for each inspection;

III.F.4.b. A list of pneumatic controllers, including type, determined to be not operating properly;

III.F.4.c. For intermittent pneumatic controllers observed to have detectable emissions but determined to be operating properly, a brief explanation of the basis for concluding that the intermittent pneumatic controller was operating properly. The explanation can include, but is not limited to, an owner or operator's standard operating procedure detailing how to determine whether an intermittent pneumatic controller is operating properly, or an individual explanation;

III.F.4.d. The date(s) of enhanced response and a description of the actions taken to return the pneumatic controller to proper operation;

III.F.4.e. The date the owner or operator verified the pneumatic controller was returned to proper operation; and

III.F.4.f. The delayed repair list, including the date and duration of any period where the enhanced response was delayed beyond thirty (30) days after determining the pneumatic controller is not operating properly due to unavailable parts, required shutdown, or delay for other good cause, the basis for the delay, and the schedule for returning the pneumatic controller to proper operation. Delay of enhanced response due to unavailable parts must be reviewed, and a record kept of that review, by a representative of the owner or operator with responsibility for pneumatic controller inspection and enhanced response compliance functions. This review will not be made by the individual making the initial determination to place a part on the delayed repair list.

III.F.5. Owners or operators of pneumatic controllers at well production facilities or natural gas compressor stations must submit a single annual report on or before May 31st of each year (beginning May 31st, 2019 for facilities in the 8-Hour Ozone Control Area and May 31st, 2021, for facilities outside the 8-Hour Ozone Control Area) that includes, at a minimum, the following information regarding pneumatic controller inspection and enhanced response activities at their subject facilities conducted the previous calendar year. Owners or operators of pneumatic controllers at natural gas processing plants must submit the annual report on or before May 31st of each year beginning 2024.

III.F.5.a. The total number and type of pneumatic controllers returned to proper operation, the types of actions taken to return the pneumatic controllers to proper operation, and the facility type (by inspection frequency tier of well production facility or natural gas compressor station);

III.F.5.b. The number and type of pneumatic controllers on the delayed repair list as of December 31 broken out by the facility type (by inspection frequency tier of well production facility or natural gas compressor station), and the basis for each delay; and

III.F.5.c. The record of all reviews conducted for delayed repairs due to unavailable parts extending beyond 30 days for the previous calendar year.

5 CCR 1001-9-B-III

46 CR 16, August 25, 2023, effective 9/14/2023

47 CR 02, January 25, 2024, effective 2/14/2024