Enhanced enforcement? – Earthworks

On March 22, 2024, we observed an uncontrolled release of methane and other volatile organic compounds from an unidentified source at a Civitas well in East Greeley.

According to Colorado’s Environmental Justice Mapping Tool (Colorado Enviroscreen), neighborhoods in this part of Greeley are considered cumulative impact communities. This means that the people living in these communities experience greater environmental, social and economic burdens than 80% of Colorado communities and, according to the State of Colorado, even other communities disproportionately affected.

In 2023, the Colorado Department of Public Health and Environment (CDPHE) finalized a plan in partnership with the Environmental Protection Agency (EPA) to improve enforcement in DI communities. The goal is not only to ensure compliance with air quality regulations, but also to remind polluting activities that they are “actively monitored” for compliance (EPA-CDPHE MOU Work Plan). From our perspective, this is critical because, as we noted in our comments on the work plan, Colorado’s widely praised oil and gas industry regulations continue to rely on operators monitoring themselves. This is the same view shared by many people living in DI communities.

Unfortunately, if the state’s response to the Civitas pollution incident is any indication, there remains a damning disconnect between plan and reality in frontline communities.

When we shared the video with CDPHE’s Air Pollution Control Division (APCD), they immediately shared it with Civitas. Civitas responded that we observed a maintenance crew venting gas from the unit to relieve pressure. Since most emission events during maintenance activities are exempt from compliance, this would conveniently mean that the contamination does not violate any rules. However, in the 20 minutes we surveyed, we did not observe any crew members on site, and our video shows that there were no crew members on site (take a look for yourself!).

Photo of on-site conditions during an emissions incident. Emission source marked with a red circle.

We then asked the state agency if Civitas could provide a record of the maintenance crew’s attendance or some documentation that maintenance activities were taking place at the time of our observation. Civitas did not provide any evidence. Instead, after consulting Civitas again, APCD advised us that the activity described by the operator as having occurred was exempt from reporting.

So let’s pause to summarize how CDPHE has chosen to pursue more stringent enforcement to protect the health of the DI community:

1) Earthworks document uncontrolled pollution from a facility within the DI community.

2) APCD relies on Civitas for evidence assessment.

3) The operator denies our observations without any apparent justification

4) APCD states that the agency cannot require Civitas to provide evidence because there is no need to report the action that Civitas claims occurred.

This is not “enhanced law enforcement.” This is a loophole that can release many harmful contaminants.

Rhetoric versus reality

Governor Polis and his administration would like Coloradans to believe that pollution caused by the oil and gas industry is being addressed and that the terrible air quality on the Front Range will soon be a thing of the past, but to take him at his word would be an exercise in collective delusion. The reality in Colorado does not reflect Governor Polis’ rhetoric, and it will never be like that provided that Colorado’s governor and regulatory agencies allow operators like Civitas to define reality for the DI community and Colorado at large.

A law enforcement system that relies on self-monitoring and reporting is not a true law enforcement system. Regulators in Colorado are still limited to simply relying on the polluter’s word when it comes to pollution incidents at oil and gas sites, even when those sites are in communities that regulators should target for better enforcement.

As for Civitas, their behavior following a documented pollution episode is nothing new. The company claims to be the “first carbon neutral energy operator” in Colorado, but can’t provide any evidence to support that claim. Our observations of emissions from its operations, including those resulting from best management practices, suggest otherwise.

Emissions from Civitas fracking operations outside Aurora in late March 2024.

As it stands, Governor Colorado’s DI Community Protection Policy legacy resembles empty promises and business as usual. The EPA work plan allows the governor to keep at least some of his promises, but ultimately they are just words on paper until something changes on the ground. As long as the oil and gas industry continues to benefit from the benefit of the doubt rather than the burden of proof, communities on the front lines will continue to suffer the consequences of uncontrolled pollution.