Colorado Noise Rule Benefits Landowners
Noise is the number one complaint for many landowners living close to oil and gas facilities. The continuous whine of a pumpjack, whirr of an engine, or rumble from a compressor fan can be extremely annoying to those who have to live with the noise 24-hours-a-day, 7-days-a-week.
Throughout 2005 and 2006, OGAP and the San Juan Citizens Alliance (SJCA) participated in multi-stakeholder meetings with representatives from the Colorado Oil and Gas Conservation Commission (COGCC), oil and gas industry, agricultural community, and La Plata, Garfield and Weld counties. As representatives of landowner interests, OGAP and SJCA advocated for lower allowable noise (decibel) levels; and a requirement to address low frequency noise. View OGAP/SJCA submissions.
Numerous citizens from across the state provided input to OGAP and SJCA; and many wrote letters to the COGCC or travelled hundreds of miles to attend the noise hearings. Input from impacted landowners was critical in helping the Commissioners understand the extent to which oil and gas noise is affecting the health, and quality of life of people living near oil and gas operations.
In September, 2005 and December, 2005, the Colorado Oil and Gas Conservation Commission (COGCC) heard presentations from the COGCC, OGAP/SJCA, the oil and gas industry and individual citizens on what they would like to see in a new noise rule. At the December hearing the Commissioners amended the noise rule (Rule 802), providing greater protection for citizens living close to oil and gas operations.
Industry was able to successfully challenge the rule, and as a result, citizens lost one of the most progressive and protective provisions. The provision would have lowered residential noise standard of 45 dBA.The new rule requires new operations to meet an allowable residential noise level of 45 decibels (dBA) at night, measured 350 feet from the oil and gas noise source.Previously, companies had to meet a 50 dBA night-time level. This part of the rule will come into effect in January, 2007, and will only apply to operations constructed after that date. Existing oil and gas operations will be able to continue to meet the 50 dBA noise level.
The new Colorado rule still provides the following benefits to landowners:
1) Expansion of the residential standard to rural and agricultural areas. The residential standard now applies to those living in rural or agricultural areas. The previous rule allowed oil and gas operators to emit noise in rural and agricultural areas at light industrial levels (65 dBA at night, 70 dBA during the day), The new rule will improve the quality of life of citizens living in rural/agricultural areas by lowering the allowable noise by 15 dBA.
2) Low frequency noise provision included. The rumble from compressors, which people often say they can feel as a vibration in their bodies, is the result of low frequency noise (LFN). In the previous rule, there was no acknowledgement of the problem of low frequency noise from oil and gas operations. Now, if citizens believe there is a low frequency noise problem related to a nearby oil and gas facility, they may file a complaint with the COGCC. If low frequency noise is present, the new noise rule requires oil and gas operators to conduct a study and determine ways to mitigate LFN. Because LFN and its mitigation is a fairly new issue to the COGCC, the Commissioners decided not to require the successful mitigation of LFN, but the Commissioners have the ability to require companies to attempt LFN mitigation if it is technically and economically feasible. If low frequency noise turns out to be a widespread problem in Colorado, it is likely that the COGCC will consider strengthening the LFN provision at some point in the future.
3) Quiet design muffler requirement expanded. The previous rule required the use of quiet design mufflers on oil and gas engines located within 400 feet of occupied buildings in high density areas. This provision was changed so that quiet design mufflers are required in all situations where engines are operating within 400 feet of occupied buildings (i.e., even if there is only one person living within the 400-foot radius of the engine).
For More Information
OGAP and San Juan Citizens' Alliance Submissions on Colorado Noise Rule
General Noise Resources related to oil and gas operations
