BEFORE THE AIR QUALITY CONTROL COMMISSION, STATE OF COLORADO
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1 BEFORE THE AIR QUALITY CONTROL COMMISSION, STATE OF COLORADO IN THE MATTER OF PROPOSED REVISIONS TO COLORADO AIR QUALITY CONTROL COMMISSION REGULATION NUMBER 3, PARTS A, B, AND C; REGULATION NUMBER 6, PART A; AND REGULATION NUMBER 7: OIL & GAS RULEMAKING EFFORT NOTICE OF CHANGE IN DESIGNATED REPRESENTATIVES Whiting Oil and Gas Corporation ( Whiting ) hereby submits this NOTICE OF CHANGE IN DESIGNATED REPRESENTATIVES pursuant to the Air Quality Control Commission s ( Commission ) Procedural Rules, 5 CCR , and the Colorado State Administrative Procedure Act ( APA ), C.R.S et seq., in connection with the Commission s consideration of the Air Pollution Control Division s ( Division ) proposed revisions to Commission Regulation Numbers 3, 6, and 7 ( Proposed Rules ). I. NOTICE OF CHANGE IN REPRESENTATIVES Whiting hereby notifies the Commission and all parties granted party status that with respect to the above-captioned hearing (the Rulemaking ), Jennifer L. Biever and Ana M. Gutierrez of Hogan Lovells US LLP are now representatives of Whiting and are authorized to file requisite pleadings on Whiting s behalf and otherwise represent Whiting in connection with the Rulemaking. Whiting reserves the right to also file pleadings, present witness testimony, or otherwise represent itself during this Rulemaking. Whiting is no longer a member of the DGS Client Group and is no longer represented by the DGS Client Group in this Rulemaking. Notwithstanding, Whiting continues to endorse the DGS Client Group Prehearing Statement. Furthermore, Whiting hereby endorses and joins in the Rebuttal Statement of the Joint Industry Work Group filed on behalf of the Colorado Petroleum Association ( CPA ), the Colorado Oil & Gas Association ( COGA ), and Bill Barrett Corporation, Black Hills Exploration and Production, Bonanza Creek Energy, Inc., and PDC Energy, Inc., (the DGS Client Group ) (hereinafter, the Joint Industry Work Group Rebuttal Statement ). By withdrawing as a member of the DGS Client Group and seeking to continue as a party to this rulemaking on its own, Whiting is not requesting individual time allocation at the hearing. 1
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3 CERTIFICATE OF SERVICE I hereby certify that on this 30th day of January, 2014, a true and correct copy of the foregoing NOTICE OF CHANGE IN DESIGNATED REPRESENTATIVES was sent via electronic mail to the following: APPLICANT/NAME REPRESENTATED BY/ADDRESS 1. Office of Air Quality Control Commission Air Quality Control Commission cdphe.aqcc-comments@state.co.us 2. Theresa Martin Program Coordinator Air Quality Control Commission 4300 Cherry Creek Drive South, EDO- AQCC-A5 Denver, Colorado Theresa.Martin@state.co.us 3. Commissioner John Loewy - Hearing Officer Air Quality Control Commission 4300 Cherry Creek Drive South, EDO- AQCC-A5 Denver, Colorado jloewy@mac.com 4. Mike Silverstein Administrator/Technical Secretary Air Quality Control Commission 4300 Cherry Creek Drive South, EDO- AQCC-A5 Denver, Colorado Mike.Silverstein@state.co.us 5. Will Allison Division Director Air Pollution Control Division Staff 4300 Cherry Creek Drive South, AOCD-B1 Denver, Colorado William.Allison@state.co.us 6. Garry Kaufman Air Pollution Control Division Staff 4300 Cherry Creek Drive South, AOCD-B1 Denver, Colorado Garrison.Kaufman@state.co.us 7. Kirsten King Program Manager Air Pollution Control Division Staff 4300 Cherry Creek Drive South, 3
4 AOCD-B1 Denver, Colorado Tom Roan Attorney for the Commission Attorney General s Office Colorado Department of Law Natural Resources Section Air Quality Unit 1525 Sherman Street, 7th Floor Denver, Colorado Tom.Roan@state.co.us 9. Clay Clarke Attorney for the Division Attorney General s Office Colorado Department of Law Natural Resources Section Air Quality Unit 1300 Broadway, 10th Floor Denver, Colorado Clay.Clarke@state.co.us 10. Robyn Wille Attorney for the Division Attorney General s Office Colorado Department of Law Natural Resources Section Air Quality Unit 1300 Broadway, 10th Floor Denver, Colorado Robyn.Wille@state.co.us 11. Linda Miller Attorney for the Division Attorney General s Office Colorado Department of Law Natural Resources Section Air Quality Unit 1300 Broadway, 10th Floor Denver, Colorado Linda.Miller@state.co.us 12. Be The Change USA A Non-Profit Organization Phil Doe 7140 South Depew 4
5 Littleton, CO Wes Wilson 2505 Yates Street Denver, CO Chevron USA, Inc., and its affiliates Chevron Midcontinent, LP, and Four Star Oil & Gas Company (Chevron 14. City of Greeley th Street Greeley, CO Colorado Association of Commerce & Industry (CACI) 1600 Broadway, Suite Colorado Oil & Gas Association PO Box 540 Denver, CO Tisha Schuller Andrew Casper 17. Colorado Petroleum Association (CPA) 1700 Lincoln Street, Suite 2545 Denver, CO Poulson Odell & Peterson LLC 1775 Sherman Street, Suite 1400 Denver, CO Scott M. Campbell Jeremy I. Ferrin Brad Mueller, Director of Community Development Carly West Jost & Shelton Energy Group, P.C Larimer Street, Suite Jamie L. Jost James P. Parrot Hogan Lovells US LLP 1200 Seventeenth Street, Suite
6 Stan Dempsey, Jr. 18. Colorado Utilities Coalition for Clean Air (Individually and Members of include: Platte River Power Authority, Tri-State Generation and Transmission Association Inc., Public Service Company of Colorado doing business as Xcel Energy, and Colorado Springs Utilities) 19. DCP Midstream, LP th Street, Suite Dolores County PO Box 608 Dove Creek, CO DGS Client Group (includes: Bill Barrett Corporation, Black Hills Exploration and Production, Bonanza Creek Energy Inc., PDC Energy Inc., and Whiting Oil and Gas Corporation) 6 Jennifer L. Biever, Esq Jennifer.biever@hoganlovells.com Ana Maria Gutierrez, Esq ana.gutierrez@hoganlovells.com Colorado Oil & Gas Association Ryley Carlock & Applewhite 1700 Lincoln Street, Suite 3500 Denver, CO James W. Sanderson jsanderson@rcalaw.com Julie A. Rosen jrosen@rcalaw.com Carver Schwarz McNab Kamper & Forbes, LLC 1600 Stout Street, Suite Jeffrey W. Schwarz, Esq. jschwarz@csmkf.com Stewart McNab, Esq. smcnab@csmkf.com Julie R. Kibel jrae@ftitel.net Davis Graham & Stubbs LLP th Street, Suite John R. Jacus, Esq. john.jacus@dgslaw.com Zach C. Miller, Esq. zach.miller@dgslaw.com Radcliffe Dann IV, Esq. randy.dann@dgslaw.com Eric P. Waeckerlin, Esq.
7 22. Earthworks Oil and Gas Accountability Project (OGAP) PO Box 1102 Durango, CO Earthjustice 1400 Glenarm Place, Suite Robin L. Cooley Michael S. Freeman 23. Encana Oil & Gas (USA), Inc. (Encana) Beatty & Wozniak, P.C th Street, Suite James Martin 24. Environmental Defense Fund (EDF) 2060 North Broadway, Suite 300 Boulder, CO Dan Grossman, Rocky Mountain Regional Director and Senior Attorney 25. Garfield County 195 West 14 th Street Rifle, CO The Gallagher Law Group 2060 North Broadway, Suite 280 Boulder, CO Thomas A. Bloomfield DeLone Law, Inc Jennine Place Boulder, CO Elizabeth DeLone Paranhos Paul Reaser Environmental Health Manager x8113 Board of County Commissioners: John Martin- Chair, Tom Jankovsky and Mike Samson Environmental Health Manager: Paul Reaser Oil and Gas Liaison: Kirby Wynn 7
8 County Attorney: Frank Hutfless 26. Grand Valley Citizens Alliance (GVCA), Weld Air and Water (WAW), Community Alliance of the Yampa Valley (CAYV), Citizens for Clean Air (CCA), Western Colorado Congress (WCC), and NFRIA-WSERC Conservation Center Matthew Sura, Esq Prado Drive Boulder, CO Grand Valley Citizens Alliance (GVCA) PO Box 656 Silt, CO Bob Arrington, GVCA Member Weld Air and Water (WAW) th Avenue Greeley, CO Wendy Highby, Founding Member Community Alliance of the Yampa Valley PO Box Steamboat Springs, CO Rodger Steen, Board Member Citizens for Clean Air (CCA) 514 Rado Drive #F Grand Junction, CO Tom Phillips, Board Member Western Colorado Congress (WCC) PO Box 1931 Grand Junction, CO Rein van West, President NFRIA-WSERC Conservation Center PO Box Poplar Avenue Paonia, CO Sarah Sauter, Executive Director 27. La Plata County Todd A. Weaver, Esq. 8
9 1060 East 2nd Avenue Durango, CO Board of County Commissioners: Robert Bobby Lieb, Jr.-Chair, Julie Westendorff, and Gwen Lachelt Deputy County Attorney La Plata County Attorney s Office 1099 Main Avenue, Suite 313 Durango, CO weaver@lpcattorney.org Courtney Roseberry La Plata County Natural Resources Planner 1060 East 2nd Avenue Durango, CO Courtney.Roseberry@co.laplata.co.us Leslie Jakoby La Plata County Environmental Specialist 1060 Main Avenue, Suite 104 Durango, CO Leslie.Jakoby@co.laplata.co.us 28. La Plata County Energy Council (LPCEC) Dugan & Associates, PC 900 Main Avenue, Suite A Durango, CO Thomas P. Dugan, Esq. tpdugan@dugan-law.com 29. Local Government Coalition (includes: City and County of Denver, La Plata County, San Miguel County, Pitkin County, Boulder County, Adams County, City of Fort Collins, City of Boulder) On behalf of Boulder County: Pamela H. Milmoe Air Quality Coordinator Boulder County Public Health 3450 Broadway Boulder, CO pmilmoe@bouldercounty.org Ben Doyle 9
10 Assistant County Attorney Boulder County P.O. Box 471 Boulder, CO On behalf of the City and County of Denver: Gregg W. Thomas Manager of Air, Water, and Climate Section City and County of Denver Dept of Environmental Health 201 West Colfax Avenue, Dept Jessica R. Brody Assistant City Attorney City and County of Denver 201 West Colfax Avenue, Dept Katherine Wilmoth Assistant City Attorney City and County of Denver 201 West Colfax Avenue, Dept Mesa County 544 Rood Avenue Grand Junction, CO John Justman, Mesa County Commissioner Mesa County Planning 200 South Spruce Street Grand Junction, CO Randy Price, Senior Planner 10
11 31. Moffat County 221 West Victory Way, Suite 250 Craig, CO Charles G. Grobe 32. Montezuma County 109 West Main, Room 302 Cortez, CO Board of County Commissioners: Steve Chappel-Chair, Kennan G. Ertel, Larry Don Suckla County Attorney: John Baxter County Administrator: Melissa Brunner Office of Community Services: James Dietrich 33. Natural Resources Defense Council (NRDC) th Street NW Washington, DC Noble Energy, Inc. & Anadarko Petroleum Corporation Pete Baier, Director Jeff Comstock, Natural Resources Director Moffat County 221 West Victory Way, Suite 130 Craig, CO Office of Community Services 109 West Main, Room 304 Cortez, CO Earthjustice 1400 Glenarm Place, Suite Robin L. Cooley Michael S. Freeman For both Noble and Anadarko: Denise W. Kennedy, Esq. Holland & Hart LLP th Street, Suite For Noble: Denee A. DiLuigi, Esq. Noble Energy, Inc. 11
12 1625 Broadway, Suite Phillips County 221 South Interocean Avenue Holyoke, CO Board of County Commissioners: K. Joe Kinnie- Chair, Donald J. Lock, and Harlan Stern 36. Pioneer Natural Resources USA, Inc th Street, Suite Regional Air Quality Council (RAQC) 1445 Market Street, Suite Rio Blanco County 200 Main Street Meeker, CO For Anadarko: Julia A. Jones, Esq. Anadarko Petroleum Corporation th Street, Suite Randy Schafer, Administrator Laura Schroetlin, Administrative Assistant Douglas P. Wall, Associate General Counsel Kenneth H. Lloyd, Executive Director x250 Mark Sprague, Natural Resource Specialist Shawn Bolton 39. Sierra Club th Street, Suite 300 Earthjustice 1400 Glenarm Place, Suite Robin L. Cooley 12
13 Michael S. Freeman Washington County 150 Ash Street Akron, CO Board of County Commissioners: David Foy- Chair, Lea Ann Laybourn, and Terry Hart 41. Weld County 1150 O Street PO Box 758 Greeley, CO Board of County Commissioners: William Bill Garcia-Chair, Douglas Rademacher, Sean Conway, Mike Freeman and Barbara Kirkmeyer 42. WildEarth Guardians (WEG) 1536 Wynkoop, Suite 301 Chris Packer, Administrator cpacker@co.washington.co.us Val Foutz, Assistant to Board vfoutz@co.washington.co.us Bruce T. Barker, Attorney bbarker@co.weld.co.us Earthjustice 1400 Glenarm Place, Suite Robin L. Cooley rcooley@earthjustice.org Michael S. Freeman mfreeman@earthjustice.org 43. Worldwide Liquid Solutions, LLC 700 Independent Avenue Grand Junction, CO WPX Energy Rocky Mountain LLC and WPX Energy Production LLC (WPX) th Street, Suite 1200 Dan Wilson, Attorney at Law Road, Suite 201 Grand Junction, CO Dan@danwilsonlaw.us Lisa A. Decker, Senior Counsel lisa.decker@wpxenergy.com JoDell Mizoue, Environmental Supervisor 13
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