The new and updated Energy and Carbon Management Commission (ECMC) rules established in 2024 are inclusive of new/revised definitions, new ECMC community liaison positions, expanded pre-application consultation requirements, new Form 2D Emissions Intensity assessments, expanded cumulative impacts plan analysis requirements, expanded Oil and Gas Development Plan (OGDP) consultation requirements, new permit expiration criteria, and new restrictions on operations conducted during ozone season in Colorado’s ozone nonattainment area. The list of changes is extensive, with the full list
available for review on the Cumulative Impacts Rulemaking page on the ECMC website.
The collection of changes, formally referred to as the “Cumulative Impacts and Enhanced Systems and Practices Rules” were officially adopted on October 15, 2024, and went into effect on December 15, 2024.
200 Series – General Provisions
These rule changes established a new rule under the 200 Series – General Provisions. Specifically, Rule 224 was added, with the ECMC adopting two new Community Liaison Roles within the organization. These new Liaisons serve as dedicated resources and advocates for Disproportionately Impacted Communities (DICs), attending pre-application consultations for operations to be located within their specific DIC areas, reviewing associated Community Outreach Plans, ensuring members of the DIC communities with information and third-party resources, etc. The creation of these roles is specifically prompted by the desire to forge better working relationships between the ECMC and the residents of DICs with active or proposed Oil and Gas upstream operations, and to build trust and transparency to allow for increased public input and influence on public policy. These goals align with Colorado’s overall push to better address Environmental Justice (EJ) concerns within the state.
As of February 2025, ECMC has hired Steven Arauza of Rifle, CO and Yesica Chavez of Denver, CO to act as Western Slope and Front Range Community Liaisons, respectively. Additional information about the new Liaisons can be
found in this article posted by the ECMC. These liaisons are likely to be present for the newly required pre-application meetings (see below) and will have a degree of influence over the OGDP issuance process!
300 Series – Permitting Process
The bulk of the 2024 rule revisions fall within the 300 Series ECMC rules. Many of these rules have seen updates and revisions, some more significant than others. While not all of these revisions reflect new requirements, they still impact many aspects of the overall ECMC permitting process. In some cases, however, more significant changes have been introduced, such as the new pre-application meeting requirements under Rule 301, new Cumulative Impacts Analysis (CIA) requirements under Rule 304 and new Rule 315, and new rule for oil and gas operations located in the ozone nonattainment area under new Rule 316. Many of the new and revised rule language specifically address proposed facilities to be located within Disproportionately Impacted Communities (DICs) and/or Cumulatively Impacted Communities (CICs), making it incredibly important to consider potential facility sitings.
As mentioned above, some of the 2024 revisions and updates are more significant than others and are important to consider as part of your operations planning in 2025 and beyond. A highlight overview of those changes is detailed further below.
Pre-Application Meetings (Rule 301) – Prior to submittal of any official OGDP or CAP to the ECMC, operators must now participate in at least one pre-application consultation with the ECMC Director, covering such tops as location siting (with special emphasis on locations within DICs), ALAs, Cumulative Impacts considerations, conditions of approval, etc. These meetings will include at a minimum the operator in question and the ECMC Director, with additional invitations extended to relevant and proximate local governments, Colorado Department of Public Health and Environment (CDPHE), agencies with relevant land use jurisdiction, Colorado Parks and Wildlife (CPW), impacted local residents, and finally, the relevant ECMC Community Liaison if certain siting conditions are met.
Expanded Public Comment Periods (Rule 303) – While 30 days is still the minimum public comment period, and 45 days for any OGDPs with proposed locations within 2,000 feet of sensitive locations, a third period of 60 days has been established for any OGDPs proposing locations within DICs or Cumulatively Impacted Communities (CICs).
Alternative Location Analyses (Rule 304) – ECMC has modified 3 of the 10 triggers prompting the need for ALAs to be conducted.
- The proposed Working Pad Surface is within 1/2 mile of 1 or more Residential Building Units or High Occupancy Building Units (increased from 2,000 feet);
- The proposed Working Pad Surface is less than 1/2 mile from a School Facility or Child Care Center (increased from 2,000 feet); and
- The proposed Working Pad Surface is within 1 mile of a Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center located within a Disproportionately Impacted Community (increased from 2,000 feet).
Additionally, ALAs now require additional information to be included, most importantly, a new CIA for the proposed location. Detailed requirements for CIAs have been introduced as a new standalone Rule 315.
NOx and GHG Intensity Targets (Rules 306 and 307) – As part of OGDP review and approval, new language surrounding compliance with NOx and GHG Intensity Targets has been introduced. Compliance with these targets is an important consideration for operators where applicable and must be appropriately covered as part of any OGDP preparation and submittal.
Applications for Permits to Drill (Rule 308) – The ECMC Director retains the authority to request CIAs on a case-by-case basis, in support of submitted APDs.
Post Completeness Consultations and Community Meetings (Rule 309) – For projects occurring in DICs or CICs, operators will be required to work with the relevant Community Liaison (see above) to host appropriate post-completeness community meetings, with very specific notice requirements detailed under this Rule. Further, consultations between the ECMC Director and CDPHE may be required depending on the specific project location.
Cumulative Impacts Analyses (Rule 315) – The new rules surrounding preparation and submittal of CIAs are extensive, being moved from their previous location under Rule 304 to a new standalone Rule 315. The main point of these expanded rules is to feed data into the Air Quality Control Commission’s (AQCC) baseline dataset known as the cumulative impacts data evaluation repository, or “CIDER,” used by AQCC to evaluate cumulative impacts from Oil & Gas operations throughout Colorado. CIAs won’t be required for every proposed facility but may be requested at the ECMC Director’s discretion.
Ozone Nonattainment Area Requirements (Rule 316) – ECMC has adopted new rules surrounding oil & gas operations in the ozone nonattainment area. Generally, these new rules require submittal additional information surrounding compliance with NOX Intensity targets for facilities proposing to conduct pre-production operations in the ozone nonattainment areas during the ozone season of May 1 through September 30. More importantly, OGDP applications for these facilities must be submitted by December 31 of the year prior to the proposed operations.
In addition to the above, Rule 316 has introduced a series of enhanced systems and practices requirements for applicable operations within the ozone nonattainment area. Certain requirements will be applicable year-round, while other more stringent requirements will only apply during the May 1 through September 30 ozone season. Operations within DICs or CICs will be subject to additional requirements beyond those mentioned above.
Other Rule Changes
Various minor changes were made to 800 Series, 900 Series and 1200 Series rules as part of the 2024 updates, but these changes were generally not substantive. However, the updates to 600 Series rules were a bit more impactful. Specifically, under Rule 604 (Setbacks and Siting Requirements), for facilities to be located within a DIC and within 2,000 feet of a Residential Building Unit or High Occupancy Building Unit, additional requirements have been introduced in order to receive a determination of substantial equivalence from the ECMC. Understanding these requirements will be critical for operators proposing facility locations in sensitive areas.
Industry Next Steps
Any upstream O&G operator with planned operations in Colorado in 2025 and beyond needs to start reviewing and understanding the new rules established by ECMC in 2024. This is especially important for operators with active or planned operations in the ozone nonattainment area, a DIC or CIC, or both. Finally, the new timing requirements for OGDP applications are especially critical to understand. If you are planning on any new operations in 2026, applications need to be submitted by the end of 2025, so you may not have as much time as you expected!
Stay tuned for further updates as these rules continue to be implemented, and please don’t hesitate to contact Trinity’s
Denver office to directly talk with a local expert!
