If anyone in the Broomfield area heard a loud ba-boom recently, it’s because there was a loose cannon wheeling around the area representing the Colorado Oil and Gas Conservation Commission (COGCC) trying to explain what the commission is doing before it gets around to what it’s supposed to do.

Senate Bill 181 established a new mission for the COGCC.  It’s supposed to protect health, safety, and well being of people, places and things as a priority over energy development.  Its new mission will take time, maybe several years, to implement. Gov. Jared Polis appointed Jeff Robbins, an attorney from Durango and former counsel to the city of Aurora on oil and gas development, as director in charge of current and future COGCC administration.

Robbins met with concerned citizens in Broomfield and revealed news unsettling in many different ways to different groups of people.

The meeting had a Question/Answer format.  One question concerned the enthusiasm of 140 COGCC employees for their new health, safety, and well being mission.  Robbins stated, “We have a significant number of staff who are excited, motivated, and anxious, and there are staff that aren’t as excited, and there are staff who don’t give a sh**.”

Acknowledging this challenge, Robbins hopes to hire a deputy who can “help me provide my staff with as much support to be successful under 181 as possible.  It’s not something I bring to the table – management skills.”  

Despite these limitations, the director has moved forward with COGCC employees on setting “objective criteria” for continuing to permit wells during the rule-setting period.  There are sixteen adopted benchmarks.

One citizen asked if the criteria are based on quantitative measurements that reflect scientific research. “No, the objective criteria were created by my staff and I, but we didn’t necessarily look to scientific studies.” A questioner pursued the issue, “Is there a spreadsheet formula for the factors that go on the criteria list?” 

Robbins explained that the objective criteria are “sensitive receptor-based.”  That means, as an example, any drilling inside of 1,500 feet of schools or residences will get extra review. Other “sensitive receptors” include wildlife, water, flood plains, outdoor activity areas, hydrocarbon storage areas, and drinking water supplies. The criteria are “heuristic,” said Robbins, and “if you meet one or several criteria, you’re on the review list.” “But the criteria aren’t based on science, right?” reiterated a listener. “That could be your opinion,” replied Robbins.

Another citizen asked if proximity to Superfund sites could be put on the objective criteria list. Too late, said Robbins.  The criteria are set and can’t be changed.

Air quality presents a sticky issue based on aggressive drilling in Weld County.  Currently, the state relies on frackers to measure air quality, and as one participant pointed out, the industry has an interest in under-measuring pollution. Ensuring accurate measurement should be a state responsibility, according to participants.  “It’s something we’re going to look into,” said Robbins.

Bella Romero Academy, a 4th to 8th grade school with 87 percent of its children on free and reduced lunch, is only 1,360 feet from drilling by Extraction Oil.  Homes are 509 feet away. Extraction agreed to complete its drilling by school opening.  According to a participant, Gov. Polis said when he visited the site that the drilling wouldn’t happen.  “You can smell these sites,” said the participant.  “We need air monitoring there.”  “This is a legacy before my time,” said Robbins, “but I’m aware of that one and other Extraction sites causing concerns.”

Participants wanted to know why there wouldn’t be a pause in drilling near residences.  The commission could prioritize wells far from homes.  The current backlog involves over 500 locations and 6000 wells.  “I’m doing what the state legislature and governor told me to do, and SB-181 specifically said there wouldn’t be a moratorium.  You’re the type of people who aren’t going to be happy with my answers,” he added, “I’m sorry.” 

SB-181 actually makes no mention of moratoria in the bill text. Sponsors did state during hearings that they didn’t intend for moratoria to occur, but they did want proper review of well applications during the rule-setting period before permitting.

“We’re trying not to be the same as usual.  We’re pivoting with our new mission and new commissioners.”  Transparency is Robbins’ goal, he says, but the view from outside is still very hazy. 

Paula Noonan owns Colorado Capitol Watch, the state’s premier legislature tracking platform.