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(a) Air quality monitoring plan.

(1) General. In order to minimize degradation to air quality, operator shall avoid, minimize, or mitigate all potentially harmful emissions and odors, and avoid, minimize, or mitigate dust associated with on-site activities and traffic on access roads.

(2) Minimization of emissions. The following will be required to protect air quality:

a. The use of electric equipment and electric line power to operate all permanent production equipment.

b. The use of no-bleed continuous and intermittent pneumatic devices that do not bleed natural gas to the atmosphere. This requirement can be met by replacing natural gas with electricity or instrument air or routing the discharge emissions to a closed-loop system or process.

c. Any combustion device, auto-ignition system, recorder, vapor recovery device, or other equipment used to meet the hydrocarbon destruction efficiency or control efficiency regulation shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's recommendations, instructions, and operating manuals.

d. Year-round compliance with the odor standards pursuant to COGCC and CDPHE regulations.

e. Venting is prohibited unless necessary for safety. If emergency venting is required, or if accidental venting occurs, the operator shall provide notice to the city of such event as soon as, but in no event later than, 24 hours from the time of the event, with the information listed above and with an explanation as to the cause and how the event will be avoided in the future.

f. Reduction of emissions from oil and gas well maintenance activities. For planned maintenance activities involving the intentional flaring of gas, the operator shall provide 48-hour advance written notice to the city of such proposed flaring. Such notice shall identify the duration and nature of the flaring event, a description as to why flaring is necessary, what steps will be taken to limit the duration of flaring, and what steps the operator proposes to undertake to minimize similar events in the future.

g. Telemetric control and monitoring systems to detect when pilot lights on control devices are extinguished.

h. Exhaust from all engines, turbines, motors, coolers, and all other equipment must be vented up and away from the nearest residences.

i. Operator shall participate in Natural Gas STAR program or other voluntary programs to encourage innovation in pollution control at the oil and gas location.

(3) Air quality monitoring and testing for all facilities.

a. Pre-construction or pre-drilling baseline air quality testing. Operator shall conduct air sampling for a period of five consecutive days prior to any construction activities for any new oil and gas location or prior to drilling additional wells on any oil and gas location already constructed. Operator shall conduct baseline sampling using a continuous monitoring system that detects the following: wind speed, wind direction, temperature, humidity, pressure, particulate matter (PM2.5 and PM10), sulfur dioxide (SO2), nitrogen oxides (NOx), carbon dioxide (CO), methane, ethane, propane, butane, total volatile organic carbon (VOC), and a sample to be analyzed by EPA Method TO-15 (Determination of Volatile Organic Compounds (VOCs) in Air), which includes benzene, toluene, ethylbenzene and xylene. Operator shall conduct baseline sampling at least 30 days in advance of any construction activities at the oil and gas location. Results of the baseline air sampling must be received by the oil and gas manager prior to the issuance of the final OGP. Results will be used to compare with future samples to determine any change in air quality over time. Both baseline and future samples will also be compared to general air quality measurements in the Aurora area to determine how the air at the oil and gas location compares to the Aurora region.

b. Continuous air monitoring. During drilling, completion, and production phases, the operator shall conduct continuous air monitoring capable of detecting total hydrocarbons. Continuous air monitoring is defined as data points obtained at least once per minute, and 24 hours per day.

(4) Air monitoring and leak detection for facilities without permanent tanks.

a. Periodic air sampling. During all operational phases, the operator shall deploy canisters and collect air samples for speciated hydrocarbon analysis when monitoring indicates elevated levels of hydrocarbons or at the request of the city.

b. Data related to air monitoring or sampling during any phase shall be reported to the city quarterly. Reports shall include, at a minimum, a summary of continuous monitoring methods used, location of each continuous monitor, maximum one minute and average concentrations over the reporting period (for each parameter monitored). The report shall include the number of grab samples collected, the date, time, and reason for collecting each grab sample, and the concentration range for each pollutant. All exceedances of health-based limits shall be reported along with any measures taken to mitigate the emissions.

c. Leak detection and repair. During the production phase, the operator shall develop and maintain a leak detection and repair (LDAR) program as required by CDPHE using modern leak detection technologies such as infrared (IR) cameras for equipment used on the oil and gas location.

d. For the first five years of the production phase at an oil and gas location, the operator shall conduct at least semi-annual inspections of all equipment at the oil and gas location; more frequent inspections may be required based on the nature and location of the facility and as required by state rules. At least once per year, the operator shall notify the city five business days prior to an LDAR inspection of its facilities to provide the city the opportunity to observe the inspection.

e. Records. The operator will maintain records of all leaks found, the date the leaks were repaired, and the date the location is rescreened to verify that the leak has been repaired. Such records must be maintained for five years and must be made available to the city upon request.

f. Repairs. Except when an emergency circumstance would necessitate an immediate repair, operator must repair leaks as quickly as practicable. If more than five days of repair time is needed after a leak is discovered, an explanation of why more time is required must be submitted to the city.

(5) Air quality requirements for facilities with permanent tanks. Tankless production sites are required unless the operator provides sufficient rationale for why permanent storage tanks are needed. For facilities that must use permanent storage tanks and do not transport all hydrocarbons and produced water via pipelines, the following air quality provisions will apply until the pipeline infrastructure is available:

a. Operator shall comply with the regulations in subsections (a)(4)(a), (a)(4)(b), (a)(4)(e) and (a)(4)(f) of this section.

b. Leak detection and repair. Unless more frequent inspections are required by the AQCC, for the five-year period beginning with the start of the production phase at an oil and gas location, operator shall conduct IR camera monitoring of all equipment at the respective oil and gas location based on the following minimum frequency:

1. Year one. Monthly.

2. Year two. Quarterly.

3. Years three through five. Semi-annually.

4. The first inspection will occur within 30 days of the facility commencing production.

c. Additional monitoring. After the initial five-year period, operator will conduct semi-annual IR camera monitoring until all wells at the oil and gas location are either connected to a gathering line and associated infrastructure or are plugged and abandoned.

d. The city may require the operator to use a third party to conduct additional air monitoring and analysis as needed in response to emergency events such as spills, process upsets, or accidental releases. Operator may evaluate other technologies throughout the life of the wells and may use other technologies if they are as effective in detecting target compounds.

(6) Ozone air quality action days.

a. The operator shall respond to ozone air quality action day advisories posted by the CDPHE for the Front Range Area by implementing their suggested air emission reduction measures as feasible. Emission reduction measures shall be implemented for the duration of an ozone air quality action day advisory and may include measures such as:

1. Minimization of vehicle and engine idling.

2. Reducing truck traffic and worker traffic.

3. Delaying vehicle refueling.

4. Postponement of construction and maintenance activities if feasible.

b. Within 60 days following the conclusion of each annual ozone air quality action day season, operator must submit a report to the city that details which measures it implemented during any ozone air quality action day advisories.

(7) Compliance reports. The operator must submit quarterly reports to the city certifying:

a. Compliance with these air quality requirements and documenting any periods of material noncompliance, including the date and duration of each such deviation and a compliance plan and schedule to achieve compliance; and

b. That the equipment at the oil and gas location continues to operate within its design parameters, and if not, what steps will be taken to modify the equipment to enable the equipment to operate within its design parameters. The quarterly report must contain a certification as to the truth, accuracy, and completeness of the reports, signed by a responsible official, as defined by the CDPHE. The operator will also provide the city with a copy of any self-reporting submissions that operator provides to the CDPHE due to any incidence of noncompliance with any CDPHE air quality rules or regulations at the oil and gas location.

(8) Combustion devices. To the extent flares, thermal oxidizers, or combustion devices are utilized, all such flares shall be designed and operated as follows:

a. The combustion device must be fired with natural gas and designed to operate with a 98 percent or higher hydrocarbon destruction efficiency.

b. The combustion device must be designed and operated in a manner that will ensure no visible emissions during normal operation. Visible emissions mean observations of smoke for any period or periods of duration greater than or equal to one minute in any 15-minute period during normal operation, pursuant to EPA Method 22. Visible emissions do not include radiant energy or water vapor.

c. The combustion device must be operated with a flame present at all times when emissions may be vented to it, or another mechanism that does not allow uncontrolled emissions.

d. The combustion device will have no visible flame, with the exception of the pilot light, from the oil and gas location boundary. The combustion device shall completely conceal the flame.

e. All combustion devices must be equipped with an auto-igniter unless manned while in use.

(9) Burning. No open burning of trash, debris, or other objects shall occur on any oil and gas location except for approved flaring.

(10) Air modeling study. If the city determines that an Air Modeling Study is necessary to create a dispersion model, operator will be invoiced its proportionate share in an amount not to exceed $5,000 per oil and gas location.

(b) Odor.

(1) Odor prevention. Operator will prevent odors by routing to closed-loop systems unless technically infeasible. Odors emitting from an oil and gas location must be controlled immediately. Operator must minimize odors by proactively addressing and resolving verified citizen concerns within 12 hours. Operator must use a filtration system or additives to drilling fluids to prevent or minimize odors but cannot mask odors. In order to meet the provisions of this section, operator shall implement the following measures:

a. Wiping down the drill pipe each time that the drilling operation "trips" out of the hole.

b. Increasing additive concentrations during peak hours.

(c) Fugitive dust suppression.

(1) Minimize dust. In addition to complying with COGCC rules, dust associated with activities on the oil and gas location and traffic on access roads shall be minimized throughout construction, drilling, and operational activities such that there are no visible dust emissions from access roads or the oil and gas location unless infeasible given wind conditions.

(2) Water use. No untreated produced water or other process fluids shall be used for dust suppression. Reclaimed water used in compliance with CDPHE Regulation 84 must be treated prior to use for dust suppression.

(3) Covering of material. At the oil and gas location, sand, silica, or similar material must be stored in covered containers.

(4) Safety data sheets (SDS). Safety data sheets (SDS) for any chemical-based dust suppressant, other than magnesium chloride, shall be submitted to the city prior to use.

(d) Noise.

(1) Noise management plan. For any oil and gas location that is on property located in zoning districts that allow for residential development or if a residential building unit is located within 1,320 feet of an oil and gas location located in a zoning district that does not allow for residential development unless operator obtains waivers from all property owners within that distance, the following provisions shall apply:

a. A baseline noise mitigation study will be conducted to ascertain baseline noise levels at the oil and gas location to demonstrate that noise is expected to be mitigated to the extent practicable, and a copy will be provided to the city.

b. The operator shall comply with all provisions of COGCC regulations on noise abatement with respect to the oil and gas location; provided, however, that the maximum permissible noise levels to be applied under COGGC regulations for the length of time indicated in COGCC regulations shall be, other than during the construction phase, the greater of:

1. The levels set forth for the land use type of "Residential/Agricultural/Rural/Industrial," as applicable, under COGCC regulations if measurements are taken at 1,000 feet from the sound walls at the oil and gas location; and

2. Four dB(A) higher than baseline ambient sound measured at 1,000 feet from the sound walls at the oil and gas location.

c. During the construction phase, noise levels shall not exceed those produced by the construction of a typical commercial development. All measurements considered for compliance with this section shall be taken by a third-party contractor using industry-standard equipment and practices. The operator shall address C scale noise/vibration through berming, capable sound walls, and other associated regulations. During the drilling and completion phases, the operator shall construct a sound wall and/or comparable measures to mitigate noise.

d. All noise mitigation measures shall be paid for by the operator.

e. Unloading pipe. The operator shall not unload pipe from delivery trucks between 8:00 p.m. and 7:00 a.m.

(2) Mitigation of dust, noise, and visual disturbance. For mitigation of dust, noise, and visual disturbance during the drilling and completion phases, the operator shall use a combination of berms, bales, and sound walls at the perimeter of any oil and gas location that:

a. Is located in a zoning district that allows for residential development; or

b. Is located within 1,320 feet of a residential building unit (as measured from the edge of an oil and gas location, excluding the access road) in a zoning district not zoned for residential development unless the operator obtains a variance in advance.

(3) Quiet completion technology. Operator shall use quiet completion technology on any oil and gas location that:

a. Is located in a zoning district that allows for residential development; or

b. Is located within 1,320 feet of a residential building unit (as measured from the edge of an oil and gas location, excluding the access road) in a zoning district not zoned for residential development unless the operator obtains a variance in advance.

(e) Electric equipment.

(1) Operator shall use electric line power to power permanent production equipment, such as compressors, motors, and pump jacks, in order to mitigate noise and to reduce emissions. Fuel-powered generators used solely for emergency purposes are excluded. (Ord. No. 2021-15, § 5, 6-14-2021)