First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0124.01 Thomas Morris x4218 HOUSE BILL 13-1018 HOUSE SPONSORSHIP Coram, SENATE SPONSORSHIP (None), House Committees Senate Committees Health, Insurance & Environment A BILL FOR AN ACT Concerning the beneficial use of produced water for dust suppression. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill gives the solid and hazardous waste commission exclusive jurisdiction to regulate the beneficial use of groundwater produced during oil and gas operations for dust suppression on unpaved roads in rural areas. The commission must adopt rules to establish standards for such use. The standards must prevent the discharge of pollutants into state waters, minimize the public's exposure to naturally occurring radioactive material contained in produced water, and establish a maximum concentration of naturally occurring radioactive material in produced water used for dust suppression at a level that does not exceed the federal environmental protection agency's standard for soil application. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 30-20-109, add (1.5) (a) (III), (1.5) (a) (IV), (1.5) (a) (V), and (1.5) (f) as follows: 30-20-109. Commission to promulgate rules - definitions. (1.5) (a) As used in this subsection (1.5): (III) "Naturally occurring radioactive material" has the meaning established in section 25-11-101 (2.7), C.R.S. (IV) "Oil and gas operations" has the meaning established in section 34-60-103 (6.5), C.R.S. (V) "Produced water" means the portion of exploration and production waste that is brought to the surface during oil and gas operations and that consists of groundwater, including naturally occurring radioactive material and any constituents added by the operator, as that term is defined in section 34-60-103 (6.8), C.R.S. (f) The solid and hazardous waste commission has exclusive jurisdiction to regulate the beneficial use of produced water for dust suppression on unpaved roads in rural areas; except that nothing in this paragraph (f) gives the commission authority to regulate oil and gas operations. The commission shall promulgate rules to establish standards for such use. The commission shall set the standards: (I) To prevent the discharge of pollutants into state waters, as those terms are defined in section 25-7-103, C.R.S.; (II) To minimize the public's exposure to naturally occurring radioactive material contained in produced water; and (III) For the maximum concentration of naturally occurring radioactive material in produced water used for dust suppression at a level that does not exceed the federal environmental protection agency's standard for soil application. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.