5 Colo. Code Regs. § 1001-9-B-VI

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

Section 5 CCR 1001-9-B-VI - (State Only) Oil and Natural Gas Pre-Production, Early Production and Production Operations

VI.A. Definitions

VI.A.1. "Commencement of operation" means when a source first conducts the activity that it was designed and permitted for. In addition, for oil and gas well production facilities, commencement of operation is the date any permanent production equipment is in use and product is consistently flowing to sales lines, gathering lines, or storage tanks from the first producing well at the stationary source, but no later than end of well completion operations (including flowback).

VI.A.2. "Controlling interest" means an interest that provides a person, either directly or indirectly, the power to direct or cause the direction of the management and policies of another person, whether through ownership or voting securities, by contract, or otherwise.

VI.A.3. "Cumulatively impacted community" means a census block group within the disproportionately impacted community layer in Colorado Enviroscreen (Version 1.0) with a Colorado EnviroScreen (Version 1.0) score above the 80th percentile.

VI.A.4. "Disproportionately impacted community" means a census block group that satisfies one or more of the following.

VI.4.a. The proportion of the population living in households that are below two hundred percent of the federal poverty level is greater than forty percent.

VI.4.b. The proportion of households that spend more than thirty percent of household income on housing is greater than fifty percent.

VI.4.c. The proportion of the population that identifies as people of color is greater than forty percent.

VI.4.d. The proportion of the population that is linguistically isolated is greater than twenty percent.

VI.4.e. Multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation may act cumulatively to affect health and the environment and may contribute to persistent disparities.

VI.A.5. "Drill-out" means the process of removing the plugs placed during hydraulic fracturing or refracturing. Drill-out ends after the removal of all stage plugs and the initial wellbore clean-up.

VI.A.6. "Drilling" or "drilled" means the process to bore a hole to create a well for oil and/or natural gas production.

VI.A.7. "Flowback" means the process of allowing fluids and entrained solids to flow from a well following stimulation, either in preparation for a subsequent phase of treatment or in preparation for cleanup and placing the well into production. The term flowback also means the fluids and entrained solids flowing from a well after drilling or hydraulic fracturing or refracturing. Flowback ends when all temporary flowback equipment is removed from service. Flowback does not include drill-out.

VI.A.8. "Flowback vessel" means a vessel that contains flowback.

VI.A.9. "Hydraulic fracturing" means the process of directing pressurized fluids containing any combination of water, proppant, and any added chemicals to penetrate tight formations, such as shale, coal, and tight sand formations, that subsequently require flowback to expel fracture fluids and solids.

VI.A.10. "Hydraulic refracturing" means conducting a subsequent hydraulic fracturing operation at a well that has previously undergone a hydraulic fracturing operation.

VI.A.11. "kBOE" means production of hydrocarbon liquids and natural gas, measured in thousands of barrels of oil equivalent.

VI.A.12. "Majority operator" means an operator with company-wide production in the 8-hour ozone control area and/or northern Weld County in the calendar year immediately prior to the applicable NOx intensity target year of greater than 50,000 kBOE.

VI.A.13. "Midstream segment" means the oil and natural gas compression segment and the natural gas processing segment that are upstream of the natural gas transmission and storage segment.

VI.A.14. "Minority operator" means an operator with company-wide production in the 8-hour ozone control area and/or northern Weld County in the calendar year immediately prior to the applicable NOx intensity target year of greater than 45 kBOE but less than or equal to 50,000 kBOE.

VI.A.15. "Pre-production operations" means the drilling through the hydrocarbon bearing zones, hydraulic fracturing or refracturing, drill-out, and flowback of an oil and/or natural gas well.

VI.A.16. "Tank measurement system" means equipment and methods used to determine the quantity of the liquids inside a flowback vessel without requiring direct access through the flowback vessel thief hatch or other opening.

VI.A.17. "Upstream segment" means oil and natural gas exploration and production operations located upstream of the midstream segment.

VI.A.18. "Well" means a hole drilled for the purpose of producing oil and/or natural gas.

VI.A.19. "Well completion" means the process that allows for the flow of petroleum and/or natural gas from newly drilled wells, to expel drilling and reservoir fluids, and to test the reservoir flow characteristics (e.g., hydraulic fracturing, drill-out, flowback).

VI.A.20. "Well re-completion" means the process that allows for the flow of petroleum and/or natural gas from an existing well from any geological interval not currently producing in the existing well, to expel drilling and reservoir fluids, and to test the reservoir flow characteristics (e.g., hydraulic re-fracturing, drill-out, flowback).

VI.B. General provisions

VI.B.1. At all times the facility and equipment must be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions.

VI.B.2. Air pollution control equipment must be operated and maintained pursuant to the manufacturing specifications or equivalent to the extent practicable and consistent with technological limitations and good engineering and maintenance practices.

VI.C. Air quality monitoring

VI.C.1. Owners or operators of drilling operations that begin on or after May 1, 2021, must monitor air quality at and/or around the pre-production and early production operations.

VI.C.1.a. Owners or operators must monitor air quality for at least ten (10) days prior to beginning pre-production operations, during all pre-production operations, and for at least six months after the well is capable of consistently producing either separable gas or salable liquid hydrocarbons (i.e., early production).

VI.C.1.b. Owners or operators must submit an air quality monitoring plan to the Division and the local government with jurisdiction over the location of the operations and any other local government unit, where applicable, within 2,000 feet of the proposed operations at least sixty (60) days prior to beginning air quality monitoring. Upon the request of any of these local government units within 14 days of receiving the plan, the Division will consult with them as part of its review process. Owners or operators must receive approval from the Division of the air quality monitoring plan prior to beginning air quality monitoring. Owners or operators must comply with the plan once approved. The air quality monitoring plan must include, at a minimum:

VI.C.1.b.(i) The owner or operator name and the contact information of the owner or operator representative for monitoring purposes.

VI.C.1.b.(ii) The planned schedule for drilling and pre-production operations.

VI.C.1.b.(iii) The operations to be monitored including the API number of the well(s), location of the operations including latitude and longitude coordinates, and any associated facility or equipment AIRS number(s).

VI.C.1.b.(iv) Whether the local government with jurisdiction over the location of the operations has air quality monitoring requirements applicable to pre-production and/or early production operations, a description of those requirements, and a local government contact for air quality monitoring purposes.

VI.C.1.b.(v) The monitoring objective(s), which must include one or more of the following (and may include additional objectives such as field-testing new air quality monitoring technologies or improving emissions inventories):

VI.C.1.b.(v)(A) Detect, evaluate, and reduce as necessary hazardous air pollutant emissions;

VI.C.1.b.(v)(B) Detect, evaluate, and reduce as necessary ozone precursor emissions;

VI.C.1.b.(v)(C) Detect, evaluate, and reduce as necessary methane emissions.

VI.C.1.b.(vi) The air pollutant(s) and other parameters to be monitored. Pollutants must include at least one of the following: total VOCs, methane, benzene or BTEX (benzene, toluene, ethyl benzene and xylenes) or other indicator of hydrocarbon emissions from pre-production and early production operations, as appropriate to meeting the specified monitoring objectives.

VI.C.1.b.(vii) A description of the monitoring equipment to be deployed, including the manufacturer and model information and any manufacturer specifications for the monitoring equipment and data systems. The description of pollutant monitoring equipment should explain why it was chosen and document or provide references describing relevant prior use and evaluations that are known to the owner or operator.

VI.C.1.b.(viii) A description of the meteorological monitoring equipment to be deployed. If meteorological data will not be collected on-site, the plan must provide reasoning and justification, and identify the meteorological station from which data will be obtained and demonstrate that the station represents conditions at the oil and gas development site.

VI.C.1.b.(ix) A monitor siting plan, which must include but is not limited to:

VI.C.1.b.(ix)(A) The number of monitors and/or sensors to be deployed.

VI.C.1.b.(ix)(B) The location and height of the monitoring equipment, including for each phase of operations if location and height of the equipment will change (e.g., monitoring placement impacted by sound walls).

VI.C.1.b.(ix)(C) A topographic map and plan of the site, showing the expected equipment layout, including air quality and meteorological monitor locations and their distance from pre-production and production operations. The map must indicate any obstructions to air flow to the monitor(s) and also show all roads and access ways within a half-mile of the facility and any contiguous structures, whether or not they are part of the production operations.

VI.C.1.b.(ix)(D) A description of how the placement of monitoring equipment minimizes surface disturbances, in alignment with the Colorado Oil and Gas Conservation Commission's site preparation requirements.

VI.C.1.b.(ix)(E) An explanation of how the number and placement of monitoring equipment will be adequate to achieve the desired air quality monitoring objectives, considering the monitoring equipment's detection limit and other limitations.

VI.C.1.b.(x) The standard operating procedures that will be employed, to include at minimum:

VI.C.1.b.(x)(A) The sampling and/or measurement interval, averaging times, minimum detection concentration or level, expected precision, and confidence level at which pollutant data will be reported.

VI.C.1.b.(x)(B) The response level for each pollutant or indicator monitored and/or sampled and the response procedures or actions that will be taken if elevated levels are observed.

VI.C.1.b.(x)(C) The data quality indicators for precision and bias of the monitoring equipment.

VI.C.1.b.(x)(D) The quality control and quality assurance procedures, including calibration intervals and frequency, which will be used to ensure proper operation of the monitoring equipment. Owners or operators may reference and attach an existing methodology.

VI.C.1.b.(x)(E) A discussion of known limitations of the pollutant monitoring equipment and, if applicable, how they will be addressed.

VI.C.1.b.(x)(F) The protocol that will be used for acquiring, processing, and recording relevant meteorological data.

VI.C.1.b.(x)(G) The data system and operating protocol to be used for data collection, including, but not limited to, data logging, data processing, recording, downloading, backup and storage, and reporting.

VI.C.1.b.(x)(H) The methods for collecting and analyzing speciated or other samples of chemical constituents identified by the Division when indicated necessary based on site-specific concentration thresholds, if applicable.

VI.C.1.b.(xi) A description of how the monitoring equipment, pollutant(s) monitored, and siting plan are expected to detect elevated emissions and achieve at least one of the monitoring objectives listed in Section VI.C.1.b.(v).

VI.C.1.c. Within ten (10) days of approving a monitoring plan, the Division will notify all local government units identified in Section VI.C.1.b. of the plan approval.

VI.C.2. Recordkeeping and reporting

VI.C.2.a. Owners or operators must keep the following records for a minimum of three (3) years, unless otherwise specified, and upon request make records available to the Division. Local governments identified in Section VI.C.1.b may request those records from the Division. If the Division has not requested the records and a local government(s) identified in Section VI.C.1.b requests the records from the Division, the Division shall request the records from the owner or operator.

VI.C.2.a.(i) The air quality monitoring plan.

VI.C.2.a.(ii) Monthly reports and the data necessary to inform the monthly reports, as provided in Section VI.C.2.b.

VI.C.2.a.(iii) Activity logs to inform Section VI.C.2.b.(iii)(A) of the monthly report.

VI.C.2.a.(iv) For a period of one year after the monthly report, the underlying raw data associated with each monitor.

VI.C.2.a.(v) For a period of one year after the monthly report, the meteorological data in the time intervals as close to the sampling and/or measurement intervals as possible.

VI.C.2.b. Owners or operators must submit monthly reports of monitoring conducted to the Division by the last day of the month following the previous month of monitoring (e.g., by June 30 for the previous May 1-31), including

VI.C.2.b.(i) The month and year of the monitoring period.

VI.C.2.b.(ii) A description of the monitoring equipment and the pollutant(s) monitored.

VI.C.2.b.(iii) A description of the monitored operations including

VI.C.2.b.(iii)(A) The phase of operation (e.g., prior to pre-production, during pre-production operations, early production) and activities occurring during the monitored period.

VI.C.2.b.(iii)(B) API number of the well(s).

VI.C.2.b.(iii)(C) Location of the operations, including latitude and longitude coordinates.

VI.C.2.b.(iii)(D) Any associated facility or equipment AIRS number(s).

VI.C.2.b.(iii)(E) The date, time, and duration of any monitoring equipment downtime.

VI.C.2.b.(iii)(F) The date, time, and duration of operations malfunctions and shut-in periods or other events investigated for influence on monitoring.

VI.C.2.b.(iv) For the first monthly report after beginning monitoring during pre-production operations, a summary of air quality condition results monitored prior to beginning pre-production operations, including time series of the results at hourly or higher time resolution and a statistical summary of the air quality results monitored prior to beginning pre-production operations, including number of observations, maximum concentrations or levels, periodic averages, and data distributions including 5^th, 25^th, median, 75^th and 95^th percentile values.

VI.C.2.b.(v) A summary of monitored air quality results, including time series plots as hourly or higher time resolution and a statistical summary including number of observations, maximum concentrations or levels, periodic averages, and date distributions including 5^th, 25^th, median, 75^th and 95 percentile values.

VI.C.2.b.(vi) A description of responsive action(s) taken as a result of monitoring results, including the date; concentration or level measured; correlations with specific events, activities, and/or monitoring thresholds; and any additional steps taken as a result of the responsive action.

VI.C.2.b.(vii) The results of any speciated or other samples of chemical constituents identified by the Division and collected when site-specific concentrations indicate such samples are necessary.

VI.C.2.b.(viii) A summary of meteorological data, including in the time intervals identified for concentration readings in the air quality monitoring plan during the time period of responsive action(s). If meteorological data is collected on-site, the meteorological data assessed in as close to the sampling and/or measurement intervals as possible.

VI.C.2.b.(ix) A description of how data will be processed, if available from the manufacturer, and summarized for purposes of fulfilling monthly reporting requirements, including whether and how data will be corrected, and how missing data and values that are below detection limits will be treated in statistical summaries.

VI.C.2.b.(x) Beginning May 2023, a list of leaking components requiring repair and the monitoring method(s) used to determine the presence of the leak pursuant to Section II.E.

VI.C.2.b.(xi) In the last monthly report, a certification by the company representative that supervised the development and submission of the monitoring reports that, based on information and belief formed after reasonable inquiry, the statements and information in the monthly reports are true, accurate, and complete.

VI.C.3. Owners or operators must notify the Division and the local government with jurisdiction over the location of the operations, using the contact provided in Section VI.C.1.b.(iv), within forty-eight (48) hours of responsive action(s) taken as a result of recorded values in excess of the response level.

VI.D. Emission reduction from pre-production flowback vessels

VI.D.1. Control

VI.D.1.a. Owners or operators of a well with flowback that begins on or after May 1, 2021, must collect and control emissions from each flowback vessel on and after the date flowback is routed to the flowback vessel by routing emissions to and operating air pollution control equipment that achieves a hydrocarbon control efficiency of at least 95%. If a combustion device is used, it must have a design destruction efficiency of at least 98% for hydrocarbons.

VI.D.1.a.(i) Owners or operators must use enclosed, vapor-tight flowback vessels.

VI.D.1.a.(ii) Flowback vessels must be inspected, tested, and refurbished where necessary to ensure the flowback vessel is vapor-tight prior to receiving flowback.

VI.D.1.a.(iii) Owners or operators must use a tank measurement system to determine the quantity of liquids in the flowback vessel(s).

VI.D.1.a.(iii)(A) Thief hatches or other access points to the flowback vessel must remain closed and latched during activities to determine the quantity of liquids in the flowback vessel(s).

VI.D.1.a.(iii)(B) Opening the thief hatch or other access point if required to inspect, test, or calibrate the tank measurement system or to add biocides or chemicals is not a violation of Section VI.D.1.a.(ii)(A).

VI.D.1.a.(iv) Combustion devices used during pre-production operations must be enclosed, have no visible emissions during normal operation, and be designed so that an observer, by means of visual observation from the outside of the enclosed combustion device, or by other means approved by the Division, determine whether it is operating properly.

VI.D.1.a.(iv)(A) Combustion devices must be equipped with an operational auto-igniter upon installation of the combustion device.

VI.D.2. Monitoring

VI.D.2.a. Owners or operators of a well with flowback that begins on or after May 1, 2021, must conduct daily visual inspections of the flowback vessel and any associated equipment.

VI.D.2.a.(i) Visual inspection of any thief hatch, pressure relief valve, or other access point to ensure that they are closed and properly seated.

VI.D.2.a.(ii) Visual inspection or monitoring of the air pollution control equipment to ensure that it is operating.

VI.D.2.a.(iii) Visual inspection of the air pollution control equipment to ensure that the valves for the piping from the flowback vessel to the air pollution control equipment are open.

VI.D.2.a.(iv) If a combustion device is used, visual inspection of the auto-igniter and valves for piping of gas to the pilot light to ensure they are functioning properly.

VI.D.2.a.(v) If a combustion device is used, inspection of the device for the presence or absence of smoke. If smoke is observed, either the equipment must be immediately shut-in to investigate the potential cause for smoke and perform repairs, as necessary, or EPA Method 22 must be conducted to determine whether visible emissions are present for a period of at least one (1) minute in fifteen (15) minutes.

VI.D.3. Recordkeeping

VI.D.3.a. The owner or operator of each flowback vessel subject to Section VI.D.1. must maintain records for a period of two (2) years and make them available to the Division upon request, including

VI.D.3.a.(i) The API number of the well and the associated facility location, including latitude and longitude coordinates.

VI.D.3.a.(ii) The date and time of the onset of flowback.

VI.D.3.a.(iii) The date and time the flowback vessels were permanently disconnected, if applicable.

VI.D.3.a.(iii) The date and duration of any period where the air pollution control equipment is not operating.

VI.D.3.a.(iv) Records of the inspections required in Section VI.D.2. including the time and date of each inspection, a description of any problems observed, a description and date of any corrective action(s) taken, and the name of the employee or third party performing corrective action(s).

VI.D.3.a.(v) Where a combustion device is used, the date and result of any EPA Method 22 test or investigation pursuant to Section VI.D.2.a.(v).

VI.E. Use and Operational Restrictions for Drilling, Pre-Production, and Production Operations

VI.E.1. Beginning in 2024, owners or operators of drilling and pre-production operations in the 8-hour ozone control area or northern Weld County conducted between May 1 and September 30 must comply with the following use practices.

VI.E.1.a. At operations located in a cumulatively impacted community.

VI.E.1.a.(i) Drill rig engines and/or turbines with a manufacturer's design rate greater than or equal to 50 horsepower must be

VI.E.1.a.(i)(A) Powered by grid power or non-fossil fuel generated power (e.g., solar, geothermal, battery). For owners or operators utilizing this Section VI.E.1.a.(i)(A), other associated non-self-propelled fuel combustion equipment used during drilling, hydraulic fracturing, or hydraulic refracturing of a well (e.g., compressors, pumps, boilers, process heaters, lighting) must be powered by grid power or no-fossil fuel generated power, where technically feasible;

VI.E.1.a.(i)(B) Tier IV diesel engines, which can include the use of dual fuel;

VI.E.1.a.(i)(C) Natural gas generators including, but not limited to, those with battery storage system; or

VI.E.1.a.(i)(D) Other technologies or operational optimization methods as approved by the Division.

VI.E.1.a.(ii) Pumps used for hydraulic fracturing or refracturing must be powered by

VI.E.1.a.(ii)(A) Electricity, natural gas-fired engines, or natural gas-fired turbines; or

VI.E.1.a.(ii)(B) Other technologies or operational optimization methods as approved by the Division.

VI.E.1.b. At operations not located in a cumulatively impacted community.

VI.E.1.b.(i) Drill rig engines or turbines with a manufacturer's design rate greater than or equal to 50 horsepower must be:

VI.E.1.b.(i)(A) Powered by grid power or non-fossil fuel generated power (e.g., solar, geothermal, battery);

VI.E.1.b.(i)(B) Tier IV diesel engines, which can include the use of dual fuel;

VI.E.1.b.(i)(C) In calendar years 2024 and 2025, Tier II dual fuel engines;

VI.E.1.b.(i)(D) Tier II diesel engine combined with operational practices guaranteed by the manufacturer to be Tier IV compliant;

VI.E.1.b.(i)(E) Natural gas generators including, but not limited to, those with battery storage system; or

VI.E.1.b.(i)(F) Other technologies or operational optimization methods as approved by the Division.

VI.E.1.b.(ii) Pumps used for hydraulic fracturing or refracturing must be powered by

VI.E.1.b.(ii)(A) Electricity, natural-gas fired engines, or natural-gas fired turbines;

VI.E.1.b.(ii)(B) Tier IV diesel engines, which can include the use of dual fuel; or

VI.E.1.b.(ii)(C) Other technologies or operational optimization methods as approved by the Division.

VI.E.1.c. The use practices in Sections VI.E.1.a. and VI.E.1.b. do not apply to emergency engines or turbines providing back-up power in case of unexpected power outages.

VI.E.1.d. All engines and turbines used to drill, hydraulically fracture, or hydraulically refracture operations and other associated equipment used during drilling, hydraulic fracturing, or hydraulic refracturing operations must be operated and maintained pursuant to the manufacturing specifications, recommendations, or equivalent to the extent practicable, and consistent with technological limitations and good engineering and maintenance practices.

VI.E.2. Beginning in 2024, operators of upstream segment operations (e.g., drilling, pre-production, and well production facilities) in the 8-hour ozone control area or northern Weld County must reduce emissions between May 1 and September 30 and achieve the following NOx intensity targets.

VI.E.2.a. Compliance with the NOx intensity targets will be determined for the applicable year using the following calculation, based on the final report submitted pursuant to Part B, Section V. (i.e., ONGAEIR).

NOx intensity = operator May-Sept NOx emissions / (0.42 * calendar year kBOE)

* Operator May-Sept NOx emissions means emissions from all upstream segment activities and equipment in which the majority or minority operator has a controlling interest. NOx emissions is only allocated to one operator for the May-Sept time period.

VI.E.2.b. For calendar year 2024,

VI.E.2.b.(i) Majority operator: 0.034 tons NOx/kBOE.

VI.E.2.b.(ii) Minority operator: 0.073 tons NOx/kBOE.

VI.E.2.c. For calendar year 2025,

VI.E.2.c.(i) Majority operator: 0.028 tons NOx/kBOE.

VI.E.2.c.(ii) Minority operator: 0.060 tons NOx/kBOE.

VI.E.2.d. For calendar year 2026,

VI.E.2.d.(i) Majority operator: 0.027 tons NOx/kBOE.

VI.E.2.d.(ii) Minority operator: 0.058 tons NOx/kBOE.

VI.E.3. Recordkeeping. The following records for wells drilled on or after May 1, 2024, and well production facilities in the 8-hour ozone control area or northern Weld County must be kept for a period of five (5) years and made available to the Division upon request.

VI.E.3.a. For drilling, hydraulic fracturing, and hydraulic refracturing operations located in a cumulatively impacted community, records demonstrating that the use practices in Section VI.E.1.a. were followed between May 1 and September 30.

VI.E.3.b. For drilling, hydraulic fracturing, and hydraulic refracturing operations not located in a cumulatively impacted community, records demonstrating that the use practices in Section VI.E.1.b. were followed between May 1 and September 30.

VI.E.3.c. Records of any engines or turbines used to drill, hydraulically fracture, and hydraulically refracture a well between May 1 and September 30, including AIRS number, if applicable; manufacturer model; horsepower; engine configuration; whether the engine or turbine is grid powered, if applicable; and the emissions tier the engine is certified or guaranteed to meet, if applicable.

VI.E.3.d. A mapped image of the location of the drilling operations that occurred between May 1 and September 30 in relation to any cumulatively impacted community or disproportionately impacted community within 2000 feet of the drilling operations at the time of the drilling operations.

VI.E.3.e. The manufacturer specifications, recommendations, or equivalent specified in Section VI.E.1.c., if applicable.

VI.E.3.f. Records of NOx emissions from well production facilities and wells drilled and/or hydraulically fractured or refractured between May 1 and September 30 and company kBOE.

VI.E.4. Reporting. Beginning November 30, 2024, and by November 30 of 2025 and 2026 thereafter, the owner or operator of wells drilled on or after May 1, 2024, and/or well production facilities in the 8-hour ozone control area or northern Weld County must submit the following information using a Division-approved format.

VI.E.4.a. For each drilling, hydraulic fracturing, and hydraulic refracturing operation occurring May 1 through September 30, the report must include, but is not limited to

VI.E.4.a.(i) The location of the operations (i.e., not location per well), including latitude and longitude coordinates, and any associated facility or equipment AIRs number(s).

VI.E.4.a.(ii) An identification of which operations are located within a cumulatively impacted community.

VI.E.4.a.(iii) The API number of the well(s), if known.

VI.E.4.a.(iv) The date and duration of drilling, hydraulic fracturing, and hydraulic refracturing of each well.

VI.E.4.a.(v) An identification of any engines or turbines used to drill, hydraulically fracture, and hydraulically refracture a well, including AIRS number, if applicable; manufacturer model; horsepower; engine configuration; whether the engine is grid powered, if applicable; and the emissions tier the engine is certified or guaranteed to meet, if applicable.

VI.E.4.a.(vi) Performance test, manufacturer guarantee, or other documentation if claiming a lower emission factor, if applicable.

VI.E.4.a.(vii) For drilling, hydraulic fracturing, and hydraulic refracturing operations occurring May 1 through September 30 and located in a cumulatively impacted community, a demonstration that the use practices in Section VI.E.1.a. were followed.

VI.E.4.a.(viii) For drilling, hydraulic fracturing, and hydraulic refracturing operations not located in a cumulatively impacted community, a demonstration that the use practices in Section VI.E.1.b. were followed.

VI.E.4.a.(ix) An interim report of the drilling, hydraulic fracturing, and hydraulic refracturing operation NOx emissions for the time period of May 1 through September 30.

VI.E.4.b. For each well production facility operating May 1 through September 30, the report must include, but is not limited to

VI.E.4.b.(i) An identification of each well production facility, including facility name and facility AIRS ID or facility location if the facility does not have an AIRS ID.

VI.E.4.b.(ii) An identification of which well production facilities are located within a cumulatively impacted community.

VI.E.4.b.(iii) An interim report of the well production facility NOx emissions for the time period of May 1 through September 30.

VI.E.4.c. Owners or operators of drilling, hydraulic fracturing, hydraulic refracturing operations and well production facilities must submit

VI.E.4.c.(i) The company's rolling twelve month total kBOE through September 30.

VI.E.4.c.(i)(A) Production can only be allocated to one operator for the same time period. Operators must account for production from all oil or natural gas wells and well production facilities in which the operator holds the controlling interest. Operators must account for production during the time in which the operator holds that controlling interest.

VI.E.4.c.(i)(B) Operators must calculate kBOE by adding the production of hydrocarbon liquids in thousand barrels to the proportion of natural gas (calculated by dividing the million standard cubic feet (MMscf) volume of natural gas produced by the conversion rate of 5.8 Mscf/kBOE).

VI.E.5. Reporting. Owners or operators must submit an updated report as required in Section VI.E.4. with asset transfers impacting the reporting year by June 30 of the subsequent year (e.g., an updated report including asset transfers impacting 2024 must be submitted by June 30, 2025).

VI.E.5.a. Owners or operators that commence drilling, hydraulic fracturing, or hydraulic refracturing operations after May 1 of the compliance year that are transferred or acquired by a different controlling interest must submit documentation of how the NOx emissions between the commencement of drilling, hydraulic fracturing, or hydraulic fracturing and September 30 and the production between commencement of operation and the end of the calendar year will be allocated between the acquiring operator and selling operator for the purposes of determining compliance with the applicable NOx intensity target. The selling operator must also report

VI.E.5.a.(i) Identification of each drilling, hydraulic fracturing, hydraulic refracturing operation transferred (name and AIRS ID, if applicable), the name of the acquiring operator, and the date of closing of the transaction.

VI.E.5.a.(ii) The drilling, hydraulic fracturing, and hydraulic refracturing operation NOx emissions for the time period of May 1 through September 30.

VI.E.5.a.(iii) The drilling, hydraulic fracturing, and hydraulic refracturing operation production for the time period of May 1 through the end of the calendar year.

5 CCR 1001-9-B-VI

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

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