Date: December 27, 2023
To: Air Pollution Control Division
Colorado Department of Public Health and Environment
4300 Cherry Creek South Drive
Denver, CO 80246
cdphe.commentsapcd@state.co.us
CC: Stefanie Rucker
Re: Regulation Number 7 GHG Intensity Verification Protocol
Dear Stefanie Rucker,
We appreciate your work in adopting the GHG Intensity Verification Rule this summer to define how oil and gas production operators must use direct measurements of their methane emissions to calculate their GHG intensity. While the coalition was very encouraged when the Verification Rule passed, we need to make sure the Division writes a strong and scientifically valid Protocol so that we can put these priorities into practice and to ensure that the Protocol will effectively:
- Protect People’s Health & Safety: The purpose of the Protocol is to ensure that operators capture methane emissions data that is accurate and Without clear standards around measurement technology/methodology, recordkeeping, and reporting, we cannot entirely trust the emissions data. Without accurate emissions data, Colorado and Coloradans cannot make informed decisions that best protect the health of their families and communities. This means Coloradans, especially those living near oil and gas operations, will continue to suffer the harmful cost of oil and gas pollution.
- Establish Public Accountability & Transparency: As a public agency, APCD has a mandate to protect Methane pollution is incredibly harmful, and yet up until the passing of the Verification Rule, was never required to be routinely tracked or measured. The Verification Rule rectifies this omission, but only if the Division finalizes a Protocol centered around collecting reliable measurement data. A robust Protocol grounded in best-available science is the only way to do that and win back public trust.
- Prioritize Climate: Colorado recognizes the importance of climate change - that is why it has passed several statutes to reduce climate But without a Protocol that ensures our climate pollutant data is accurately measured, Colorado can never be sure if it is living up to its goal of protecting our state from the ravages of climate change. And we risk continuing to suffer the dangers and damages from extreme weather events.
- Create Inclusion for Environmental Justice: Colorado law requires the state to protect disproportionately impacted communities (DICs) from oil and gas Therefore, the state must keep an eye on methane emissions independently of what oil and gas operators report and make that information available to the public, especially DICs. The burden should not land on frontline community members to make critical decisions, especially using poor information.
In order for the Protocol to achieve the above outcomes it must effectively drive both regulatory compliance AND ongoing learning around methane measurement and emissions overall. The Protocol should:
- Contain clear guidance for operators to follow so that they choose a measurement strategy that is appropriate for the production site where the technology or methodology will be deployed. Operators must first categorize their sites into different “types” and then deploy the correct technology program for each type of site.
- Encourage operators to test new methane measurement technologies in the This will help them properly design or update their own methane measurement programs.
- Encourage the Division to learn more about methane emissions from low-producing wells by performing its own measurements of methane emissions from these wells. This will help Colorado better understand the quantity of emissions from these sources and whether the state should develop a default factor specifically for methane emissions from low-producing
- Include a process outlining how the Division should review and update the GHG Intensity Verification Protocol (and propose updates to the Rule, if appropriate) with continuous improvement in mind.
Thank you again for your hard work and for ensuring the success of the GHG Intensity Verification Rule to become a first-of-its kind policy to measure and verify greenhouse gas emissions from oil and gas operations. Now is the time to put these efforts into effect so that we are able to safeguard Coloradans and guarantee the overall success of the Rule through the enforcement of the Protocol.
Thank you for your consideration,
Morgan Brown
Regional Organizer
Defend Our Future
Laurie Anderson
Colorado Field Organizer
Moms Clean Air Force
Kate Hudson
Advocacy Coordinator
Water Keepers Alliance
Ramesh Bhatt, PhD
Chair
Colorado Sierra Club Conservation Committee
Gwen Lachelt
Executive Director
Western Leaders Network
Andrew Forces-Gudmundson
Senior Manager for State Policy
Earthworks
Giselle Arroyo
Outreach Coordinator
Colorado Rising
Emily Hornback
Executive Director
Western Colorado Alliance