Tuesday, July 29, 2008

New county gas rules require disclosure

The Durango Herald:

Commissioners propose drillers make known chemicals used

July 29, 2008
| Herald Staff Writer

Revised gas and oil regulations recently released by La Plata County include a proposed provision that would require companies to disclose the chemicals they use to emergency-room workers treating a case of exposure.

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To view La Plata County’s proposed gas and oil regulations, visit http://co.laplata.co.us and click the link “Chapter 90 Oil and Gas Code Revisions” or call 382-6260.

The rules go before the county’s Planning Commission at 6 p.m. Aug. 7 in the Anasazi Room at La Plata County Courthouse.

Public comments about the rules are being accepted through Friday by e-mail, wilsonkm@co.laplata.co.us , or mail, La Plata County Community Development Department, Attn: Oil & Gas Code Amendment, 1060 East Second Ave., Durango, CO 81301.

Questions have been raised recently about a hydraulic fracturing chemical used to bring gas to the surface after a nurse at Mercy Regional Medical Center required intensive care after being exposed to it while treating a patient.

Doctors treating nurse Cathy Behr were unable to obtain specific information about the chemical because the company using it said it was proprietary.

The provision is one of several alternatives related to chemicals being considered by the county. Another alternative would give the companies three days to disclose the information.

The revised regulations, which will go before the county's Planning Commission Aug. 7, have been in the works for two years and represent the first major overhaul the county has done on its gas and oil rules since they were enacted 20 years ago.

The changes include a new definition for a major facility, which requires a higher level of review, and contemplate giving neighboring landowners the right to appeal new wells. Now only surface owners can.

The revisions come just as the state is revamping its rules, which also could require companies to disclose the chemicals they use.

The state is expected to take final action on its rules later this month, as could the county. The similar timelines have raised concerns among industry officials who fear the two sets of rules may overlap or conflict.

County Manager Shawn Nau said the county's proposed rules address this by either mirroring the state's proposed regulations or by having the county's rules apply only where the state's don't.

"We've basically tried to use some creative drafting to solve the problem," he said.

La Plata County Planning Commission is expected to choose from among the various alternative provisions in making its recommendations to county commissioners, who will have the final say on the rules.

Public comments are being accepted until Friday.

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