Well Liquids Unloading -- Notification of Unloading Event Caused by Excess Water Infiltration due to a Nearby Hydraulic Fracturing Event (Regulation No. 7, Part D, Section II.G.1.d.(iii))
Regulation No. 7, Part D, Section II.G.1.d. requires capture and recovery techniques or installation/use of a control device during well liquids unloading and well swabbing operations, beginning January 1, 2023, unless exempted in Sections II.G.1.d.(i) or II.G.1.d.(ii).
Section II.G.1.d.(ii) allows an exemption from well liquids unloading capture or control requirements at a facility based on: (1) facility location, and (2) the number of well liquids unloading events at a single well with emissions to the atmosphere during a given preceding period of time. Refer to Section II.G.1.d.(ii) for complete information about this exemption.
Section II.G.1.d.(iii) allows certain well liquids unloading events to occur but not be included in the calculation for the purposes of Section II.G.1.d.(ii). In order for that allowance to apply, all three of the following conditions must be met:
- The need for well liquids unloading resulted from the infiltration of excess water directly caused by a nearby hydraulic fracking event (this is also referred to as an "offset frac" situation); AND
- The owner of the well to be unloaded provides the Air Pollution Control Division with at least 48 hours written notice (or as soon as possible prior to conducting well liquids unloading if 48 hours’ notice would require an alternative or extended well liquids unloading practice that increases emissions); AND
- The well liquids unloading activities must be completed within thirty (30) days of commencement of the activities.
This form must be used to complete the written notice requirements of Section II.G.1.d.(iii) if a company qualifies for and wishes to claim this exemption.
This form and notification is specific to a single well. If there are multiple wells to be unloaded for which this exemption is being claimed, submit a separate notification for each well to be unloaded.
The timing of the notice of the offset frac in Section II.G.1.d.(iii) is intended to be consistent with the COGCC rule addressing the same notification.
if the Air Pollution Control Division later determines the claim of "offset frac" or infiltration was not valid for a particular event or series of events, the operator bears the risk of not having employed capture or control techniques.
The Air Pollution Control Division expects this to be a "limited-use" exemption, and it is subject to removal from the rule if overused.
