FOR IMMEDIATE RELEASE
September 18, 2012
September 18, 2012
Sierra Club and coalition demand closing hazardous oil &
gas drilling setback loophole
Contacts: Shane
Davis, Sierra Club Oil & Gas Team, 509.570.4422
Joshua
Ruschhaupt, Sierra Club RMC Director, 303.454.3362
Denver, CO –
Friday, Sierra Club Rocky Mountain Chapter and 12 other groups asked the
Colorado Oil and Gas Conservation Commission to immediately address, and close
its existing “Setback Loophole.” In
addition the minimum setback standards need to be significantly expanded. Sign-on letter attached below.
This Setback Loophole allows any “completed” well to be
re-entered and re-drilled regardless of proximity to a structure. There are
approximately 4,000 active oil and gas wells that are closer to residential
structures than the COGCC setback mandate of 350’. There are also approximately
82,000 abandoned wells in Colorado, and early statistics show that
approximately 55% of abandoned wells are being re-entered and re-drilled,
meaning there could eventually be tens of thousands of wells closer to
residential structures than the current setback mandates. The Setback Loophole
denies the COGCC the power to prevent and mitigate adverse environmental and
human health impacts
In addition, the current minimum drilling setback standards
are far short (350’ urban, 150’ rural) of needed protections, and the Sierra
Club RMC and coalition signers of this letter to the COGCC request a minimum of
2,000’ plus 100’ for each additional well bore, due to the concentration of on-site emissions from
aggregated wellbores.
###
About The Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization with more than 1.4 million members and supporters nationwide. In addition to creating opportunities for people of all ages, levels and locations to have meaningful outdoor experiences, the Sierra Club works to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying and litigation. For more information, visit http://www.sierraclub.org.
 Sierra Club Rocky Mountain Chapter1536 Wynkoop St., 4B-1 Denver, CO 80202 |
A copy of the letter
submitted to the COGCC:
Matthew
Lepore
Colorado
Oil and Gas Conservation Commission
1120
Lincoln Street, Suite 801
Denver,
Colorado 80203
September
14, 2012
Dear
Mr. Lepore,
The Sierra Club Rocky Mountain Chapter requests that the
State begin a rulemaking process for increasing minimum setbacks for oil and
gas drilling to 2,000 feet plus an additional 100 feet per additional onsite
wellbore near residences, schools, playgrounds/sports fields/parks, hospitals,
nursing homes, and other similar facilities, due to the concentration of
on-site emissions from aggregated wellbores. Current state regulations mandate
a minimum setback distance of just 350 feet in all urban settings.
The Sierra Club believes that the protection of human life,
public welfare, and the environment are essential factors to be considered by
all levels of government when making siting decisions. We believe that land use
planning should include in the siting decisions the protection of air and water
quality, and public welfare. Such facilities should be excluded from certain
categories of land zoning, and should proceed only after a need for them has
been demonstrated. [http://sierraclub.org/policy/conservation/energyfac.aspx]
This request for a rulemaking addresses probable adverse
impacts to the environment and human health from oil and natural gas
development that uses hydraulic fracturing (“fracking”). The COGCC setbacks are
not based on health impact studies, and no apparent scientific data support the
COGCC’s claim that the current setbacks prevent or mitigate adverse impacts.
Setback
Loophole
In addition, there is a “Setback Loophole” in the COGCC 600
Series Rules. Rule 603(a) lays out setbacks from various types of development;
for example, wells must be sited at least 150 feet from property lines in rural
areas, and 350 feet from high density structures. However, Rule 602(d) states:
“Existing ‘completed’ wells are exempt from the provisions of these regulations
as they relate to the location of the well.”
This Setback Loophole allows any ‘completed’ well to be
re-entered and re-drilled regardless of proximity to a structure. There are
approximately 4,000 active oil and gas wells that are closer to residential
structures than the COGCC setback mandate of 350’. There are also approximately
82,000 abandoned wells in Colorado, and early statistics show that
approximately 55% of abandoned wells are being re-entered and re-drilled,
meaning there could eventually be tens of thousands of wells closer to
residential structures than the current setback mandates. The Setback Loophole
denies the COGCC the power to prevent and mitigate adverse environmental and
human health impacts.
It is urgent that the COGCC fully address and update the
current inadequate setbacks, for oil and gas development near high density
residential areas, including, but not limited to: hospitals, public schools,
buildings and grounds, parks, playgrounds, and other areas of special
concern. We request that the Setback
Loophole allowing for oil & gas activities be closed, and that the COGCC
abide by its mission to prevent and mitigate adverse environmental impacts,
which also impact human health and
welfare.
Protecting
Water Quality
Northern Colorado is in the midst of an unprecedented
increase in oil and gas drilling, including fracking, taking place near
densely-populated residential areas. A recent analysis by Sierra Club and Clean
Water Action found that 44% of all operator spills have caused and are
continuing to cause groundwater contamination. 3.1% have caused surface water
contamination and 57% of protective berms failed to prevent secondary fluid
migrations.
[http://www.cleanwateraction.org/files/publications/co/SC-CWA-to-COGA-2-27-2012.pdf]
Since the 2008 COGCC Rule change, ground water contaminations
have risen by 3.5% and berm failures increased by 3% to 60% of all berms having
failed to prevent secondary fluid migration.
The Sierra Club has identified fracking and its associated
impacts as the issue of utmost concern in Colorado, and EPA studies are needed
to identify a wide range of potential adverse impacts on human health, and
until such studies are completed, we should proceed with utmost caution in
exposing our communities to unknown and possibly dangerous impacts.
Protecting
Air Quality
Both science and experience in Colorado establish that the
COGCC should adhere to its statutory mandate of protecting human health in the
conduct of oil and gas operations by 1) minimizing fugitive emissions and other
toxic chemicals, and 2) maximizing the distance of natural gas facilities from
residences and other public places based on the good science of sound health
impact assessments. These two principles
should guide state policy on oil and gas activities in populated areas.
We are respectfully requesting that the state of Colorado
recognize the continuing weaknesses in “the strongest regulations in the
Country,” as is often quoted in the media, and continue to lead the country
with improvements that show Coloradans that the COGCC is addressing their
concerns swiftly and comprehensively.
This is an industry that appears to know no boundaries when it comes to
the average citizen looking out of their home windows. We need the COGCC to be responsive and
pro-active with regard to protecting the environment Coloradans depend upon for
our lifestyle, quality of living, health, and welfare.
Studies linking oil and gas development to water
contamination can be found at the following links:
For a complete listing of Sierra Club policies as they relate
to this industry, see: http://goo.gl/A5nCA
Sincerely,
Shane Davis
Oil & Gas Team Research & Information Manager
Sierra Club Rocky Mountain Chapter
Joshua
Ruschhaupt
Director
Sierra
Club Rocky Mountain Chapter
1536
Wynkoop St., 4B-1
Denver,
CO 80202
303.454.3362
Additional signing
organizations:
Dr. Gary Wockner
Clean Water Action
1536 Wynkoop Street, Suite B-400
Denver, CO 80202
303.405.6755
http://www.cleanwateraction.org/co
Shane Davis
Director
Fractivist.com
PO BOX 576
Longmont, CO 80502
509.570.4422
http://www.fractivist.com
Jennifer Palazzolo
Co-Founder
Erie Rising
2770 Arapahoe Suite 222
Lafayette, CO 80026
720.839.9097
http://www.erierising.com
Claudette Konola
Western Colorado Congress Mesa Cnty
Mesa County WCC
PO Box 1931
Grand Junction, CO 81502
http://wccmesa.org/
Christine Canaly
Director
San Luis Valley Ecosystem Council
P.O. Box 223
Alamosa, CO 81101
(719) 589-1518 (office)
(719) 256-4758 (hm office)
slvwater@fairpoint.net
slvec.org
Jodee Brekee
Commerce City Unite NOW
Adams County Unite NOW
106th Ave
Commerce City
303.591.5721
Eleanor J. Jefferson
Lakewood Fracktivists
640 S, Vance St,
Lakewood,CO 80226
720-261-6615
Rico Moore
Fort Collins Citizens for Health and the Environment
The Cache la Poudre River Foundation
721 West Myrtle Street
Fort Collins, CO 80521
Kim Orr
Co-Founder
Loveland Rising
march.hare.house@gmail.com
Sloan Shoemaker
Executive Director
Wilderness Workshop
PO Box 1442
Carbondale, CO 81623
970-963-3977
sloan@wildernessworkshop.org
www.wildernessworkshop.org
Jim Ramey, Director
Citizens for a Healthy Community
chc.director@gmail.com
P.O. Box 291
Hotchkiss, Colorado 81419
970. 527.7779
www.citizensforahealthycommunity.org
Roz McClellan
Rocky Mountain Recreation Initiative
1567 Twin Sisters Rd.
Nederland, CO 80466
303.447.9409, 720.635.7799
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