HomeMy WebLinkAbout20082899.tiff •
APPENDIX C
STATE OF COLORADO STORAGE
TANK REGULATIONS
•
2008-2899
STORAGE TANK REGULATIONS
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT
• DIVISION OF OIL AND PUBLIC SAFETY
(Found at 7 C.C.R. 1101-14)
TABLE OF CONTENTS
Page
ARTICLE 1 GENERAL PROVISIONS
1-1 Statement of Basis and Purpose 1
1-2 Technical Rationale. 1
1-3 Statutory Authority 1
1-4 Effective Date. 1
1-5 Definitions 2
ARTICLE 2 UNDERGROUND STORAGE TANKS 11
Section 2-1 UST Program Scope and Interim Prohibition 11
2-1-1 Applicability 11
2-1-2 Interim Prohibition for deferred UST systems 12
2-1-3 Determination of Ownership and Use 12
• Section 2-2 UST Design, Construction, Installation, and Notification 12
2-2-1 Application for UST Permit 12
2-2-2 Construction Requirements 12
2-2-3 Application Requirements. 13
2-2-4 Inspection of the Facility during Construction 14
2-2-5 Plan Review and Installation Inspection Fee. 14
2-2-6 Denial, Revocation, or Modification of Permit. 14
2-2-7 Access to premises and records of UST facilities 15
2-2-8 Performance standards for new UST systems 15
2-2-9 Upgrading of existing UST systems. 19
2-2-10 Registration of UST Systems 21
Section 2-3 General Operating Requirements 22
2-3-1 Spill and overfill control. 22
2-3-2 Operation and maintenance of corrosion protection. 23
2-3-3 Compatibility. 23
2-3-4 Repairs allowed 24
2-3-5 Reporting and record keeping 25
Section 2-4 Release Detection 26
2-4-1 General requirements for all UST systems. 26
• 2-4-2 Requirements for petroleum UST systems. 27
2-4-3 Requirements for hazardous substance UST systems 28
2-4-4 Methods of release detection for tanks. 29
2-4-5 Methods of release detection for piping 34
2-4-6 Release detection record keeping 34
• Section 2-5 Out of Service UST Systems and Closure 35
2-5-1 Temporary closure. 35
2-5-2 Permanent closure and changes-in-service. 35
2-5-3 Assessing the site at closure or change-in-service. 36
2-5-4 Applicability to previously closed UST systems. 36
2-5-5 Closure records. 36
ARTICLE 3 ABOVEGROUND STORAGE TANKS 37
Section 3-1 Applicability 37
Section 3-2 Installation and Registration 37
3-2-1 Application for Permit for AST's 37
3-2-2 AST Facility Inspections Required. 39
3-2-3 Denial or Revocation of Permit. 39
3-2-4 Access to Premises and Records 39
3-2-5 Registration and Notification for AST's. 40
Section 3-3 Performance Standards for ASTs 41
3-3-1 Definitions 41
3-3-2 Design and Construction of Tanks 41
• 3-3-3 Security. 43
3-3-4 Location and Installation of Propane ASTs. 43
3-3-5 Location and Installation of ASTs at Service Stations 44
3-3-6 Location and Installation of Governmental, Industrial and Commercial AST Facilities 45
3-3-7 Location and Installation of Unattended Cardlock Systems. 45
3-3-8 Location and Installation of ASTs at Bulk Plants 46
3-3-9 Location and Installation of ASTs in Vaults 49
3-3-10 Normal Venting. 50
3-3-11 Emergency Relief Venting 51
3-3-12 Vent Piping. 54
3-3-13 Tank Openings Other than Vents 54
3-3-14 Installation of Tanks Inside Buildings. 55
3-3-15 Standards for Piping, Valves & Fittings. 56
3-3-16 Upgrading of AST Systems. 58
Section 3-4 General Operating Requirements 59
3-4-1 Fire and Safety Standards 59
3-4-2 Spill and Overfill Control. 60
3-4-3 Operation and Maintenance of Corrosion Protection. 63
3-4-4 Compatibility Requirements for All Tanks 64
3-4-5 Static Protection for All AST's. 64
3-4-6 Repairs Allowed 65
• 3-4-7 Out of Service, Closure or Change-In-Service. 65
3-4-8 Reinstallation of ASTs 67
3-4-9 Record Keeping 68
Section 3-5 Release Detection 69
3-5-1 General Requirements for all AST Systems. 69
• 3-5-2 Leak Detection for Secondary Containment Tanks. 69
3-5-3 AST Facility Housekeeping Required. 70
Section 3-6 Oil Pollution Prevention - SPCC Plan 70
3-6-1 Applicability 70
3-6-2 Definitions 70
3-6-3 Requirements For Preparation of SPCC Plan. 71
3-6-4 Amendment of SPCC Plan Required by Director 71
3-6-5 Amendment of SPCC Plan by Owners/Operators. 71
3-6-6 SPCC Plan, Preparation and Implementation Guidelines 72
ARTICLE 4 RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION 74
4-1 Reporting of suspected releases. 74
4-2 Investigation due to off-site impacts. 75
4-3 Release investigation and confirmation steps. 75
4-4 Reporting and cleanup of spills and overfills 76
ARTICLE 5 RELEASE RESPONSE AND CORRECTIVE ACTION 76
5-1 General 76
5-2 Initial Response and Site Classification 77
5-3 Site Characterization 78
5-4 Corrective Actions. 81
5-5 Public Participation 85
ARTICLE 6 FINANCIAL RESPONSIBILITY REQUIREMENTS
FOR OWNERS/OPERATORS OF PETROLEUM
UNDERGROUND STORAGE TANKS 86
ARTICLE 7 EMISSION INSPECTION 94
7-1 Statement of Basis and Purpose 94
7-2 Fee Schedule. 94
7-3 Statutory Authority 94
ARTICLE 8 PETROLEUM STORAGE TANK FUND 94
8-1 Eligibility. 94
8-2 Reimbursement. 99
8-3 Allowable Costs 101
8-4 Unallowable Costs 102
8-5 Reasonable Costs. 103
• 8-6 Determining the Number of Occurrences. 104
8-7 Committee Review of Application. 104
8-8 Fund Payment Report 105
8-9 Miscellaneous Regulations. 105
ARTICLE 1 GENERAL PROVISIONS
• 1-1 Statement of Basis and Purpose.
These regulations are promulgated to establish rules for the design, installation, registration,
construction,and operation of storage tanks used to store regulated substances,including petroleum,
other than material classified as hazardous wastes under Subtitle C of the U.S. Solid Waste Disposal
Act and to describe the financial responsibility of petroleum storage tank owners/operators.
The main purpose of these regulations is to reduce damage to the environment,and risk to the public
caused by leaking petroleum storage tanks and to mitigate such damage effectively when it occurs.
The 1999 amendments to these regulations incorporate an adaptation of the American Society of
Testing and Materials Standard E 1739-95 into the requirements of Article 5 of these regulations.
These amendments are intended to facilitate the incorporation of risk-based contaminant screening
levels into the process of investigating and remediating petroleum releases.
1-2 Technical Rationale.
The technical requirements of these regulations are supported by many studies made by petroleum
industry associations,the National Fire Protection Association,the American Society of Testing and
Materials, and by studies made by or at the behest of the U.S. Environmental Protection Agency.
They represent the consensus of opinion of informed persons, as to the best methods for reducing
hazards, posed by storage tanks, to acceptable levels.
1-3 Statutory Authority.
The amendments to these regulations have been created pursuant to Title 8 Article 20.5 Sections
(202) and (302) of the Colorado Revised Statutes.
1-4 Effective Date.
These amended rules shall be effective on May 30, 2005. The prior editions of the combined
UST/AST regulations were published August 1, 2004, August 1, 2002, February 1, 1999, and
January 1, 1997. Prior editions of the UST rules were published effective September 30, 1995 and
December 1, 1989.Prior editions of the AST rules were published effective September 30, 1995 and
October 1, 1994.A prior edition of the Emission Inspection rules was published effective January 1,
1990.
1-5 Definitions.
Terms in these regulations shall have the same definitions as those found in Articles 20 and 20.5 of
Title 8 of the Colorado Revised Statutes. In addition, unless the context otherwise requires:
(1) "Aboveground release" means any release to the surface of the land or to surface
• water.This includes,but is not limited to,releases from the above-ground portion of an UST system
1
and aboveground releases associated with overfills and transfer operations as the regulated substance
moves to or from an UST system.411 (2) "Ancillary equipment"means any devices including,but not limited to,such devices
as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of
regulated substances to and from an UST.
(3) "AST" means an aboveground storage tank, which is not permanently closed.
(4) "AST system" means all ASTs at a facility, all the connected piping and ancillary
equipment, all loading facilities, and all containment systems if applicable.
(5) "Atmospheric Tank" is a storage tank that has been designed to operate at pressures
from atmospheric through 0.5 psig (760 mm Hg through 780 mm Hg) measured at the top of the
tank.
(6) "Attenuation" is the reduction in concentrations of chemical(s) of concern in the
environment with distance or time due to processes such as diffusion, dispersion, adsorption,
chemical degradation,biodegradation,and other similar chemical,biological,or physical processes.
(7) "Belowground release" means any release to the subsurface of the land and/or to
groundwater.This includes,but is not limited to,releases from the belowground portions of an AST
or UST system, and belowground releases associated with overfills and transfer operations as the
regulated substance moves to or from an AST or UST system.
1111
(8) "Beneath the surface of the ground" means beneath the ground surface or otherwise
covered with earthen materials.
(9) "Bulk Plant" is that portion of a property where liquids are received by tank vessel,
pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing
such liquids by tank vessel,pipeline,tank car,tank vehicle,portable tank or container. [Note:A bulk
plant is normally a wholesale fuel facility where petroleum products are stored prior to resale or
redistribution.]
(10) "Capillary fringe" is the zone immediately above the water table, where water is
drawn upward by capillary attraction.
(11) "Cathodic protection" is a technique to prevent corrosion of a metal surface by
making that surface the cathode of an electrochemical cell.For example,an UST or AST system can
be cathodically protected through the application of either galvanic anodes or impressed current.
(12) "Cathodic protection tester"means a person who can demonstrate an understanding of
the principles and measurements of all common types of cathodic protection systems as applied to
buried or submerged metal piping and UST and AST systems. At a minimum, such persons must
have education and experience in soil resistivity, stray current, structure-to-soil potential, and
• component electrical isolation measurements of buried metal piping and UST and AST systems.
2
(13) "CERCLA"means the Comprehensive Environmental Response,Compensation,and
Liability Act of 1980, as amended.
• (14) "Certificate of Eligibility" is a document that entitles the bearer to participate in the
Fund without further determination of compliance by the Director,if that bearer is a mortgagee who
has acquired, by foreclosure or receipt of a deed in lieu of foreclosure, property on which the
petroleum storage tanks covered by the certificate are located.
(15) "Chemicals of concern" (COCs) are chemical compounds that have been identified
for evaluation due to specific risks to human health and/or the environment.
(16) "Committee" means the Petroleum Storage Tank Committee created in C.R.S. § 8-
20.5-104.
(17) "Compatible"means the ability of two or more substances to maintain their respective
physical and chemical properties upon contact with one another for the design life of the tank system
under conditions likely to be encountered.
(18) "Connected piping" means all piping including valves, elbows,joints, flanges, and
flexible connectors attached to a tank system through which regulated substances flow. For the
purpose of determining how much piping is connected to any individual AST or UST system, the
piping that joins two systems should be allocated equally between them.
. (19) "Corrective action "is the sequence of actions that include any or all of the following:
interim remedial action, remediation, operation and maintenance, monitoring of progress, and
termination of remedial action.
(20) "Corrosion expert" means a person who, by reason of thorough knowledge of the
physical sciences and the principles of engineering and mathematics acquired by a professional
education and related practical experience,is qualified to engage in the practice of corrosion control
on buried or submerged metal piping systems and metal tanks. Such a person must be accredited or
certified as being qualified by the National Association of Corrosion Engineers or be a registered
professional engineer who has certification or licensing that includes education and experience in
corrosion control of buried or submerged metal piping systems and metal tanks.
(21) "Crossgradient" is in the direction of equal static head.
(22) "Dielectric material"means a material that does not conduct direct electrical current.
Dielectric coatings are used to electrically isolate systems from the surrounding soils. Dielectric
bushings are used to electrically isolate portions of the system (e.g., tank from piping).
(23) "Director" means the Director of the Division of Oil and Public Safety of the
Colorado Department of Labor and Employment or any designees thereof which may include certain
employees of the Division of Oil and Public Safety of the Colorado Department of Labor and
Employment or other persons.
• (24) "Downgradient" is in the direction of maximum decreasing static head.
3
(25) "Effective porosity" is the volume fraction of the soil (or rock) that is available to
• transport water. The effective porosity does not include isolated pore spaces.
(26) "Electrical equipment" means underground equipment that contains dielectric fluid
that is necessary for the operation of equipment such as transformers and buried electrical cable.
(27) "Electrolyte" means the soil or liquid adjacent to and in contact with the systems,
including the moisture and other chemicals contained in it; the electrically conductive material
between the tank and its environment;
(28) "Excavation zone" means the volume containing the UST system and backfill
material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST
system is placed at the time of installation.
(29) "Existing tank"means an UST system used to contain an accumulation of regulated
substances or for which installation commenced before December 22, 1988. Installation is
considered to have commenced if:
(a) the owner/operator has obtained all federal, state, and local approvals or permits
necessary to begin physical construction of the site or installation of the UST system; and if,
(b)(1)either a continuous on-site physical construction or installation program has begun;or,
• (2) the owner/operator has entered into contractual obligations, which cannot be
cancelled or modified without substantial loss, for physical construction at the site or installation of
the UST system to be completed within a reasonable time.
(30) "Exposure pathway"is the course that a chemical of concern takes from a source area
to a point of exposure. An exposure pathway describes a unique mechanism by which a person or
sensitive environment is assumed to be exposed to a chemical of concern. Each exposure pathway
includes a source,an exposure route, and a point of exposure. If the exposure point differs from the
source,transport or exposure media(e.g.,air,water,dust)are also included.All exposure pathways
are assumed to be complete unless an exposure pathway elimination criteria is demonstrated.
Exposure pathway elimination criteria are listed in the Owner/Operator Guidance Document.
(31) "Farm tank" is a tank located on a tract of land devoted to the production of crops or
raising animals, including fish, and associated residences and improvements. A farm tank must be
located on the farm property."Farm"includes fish hatcheries,rangeland and nurseries with growing
operations.
(32) "Fire resistant tank"is a single or double walled AST with a U.L.2085 listing(or with
an equivalent listing from a nationally recognized independent laboratory) that has been designed
and constructed to provide fire resistive protection from exposure to a high intensity liquid pool fire.
The construction shall prevent release of liquid, failure of the primary tank,failure of the supporting
• structure, and impairment of venting for a period of not less than two hours when tested using the
fire exposure environment described in U.L. 2085 or an equivalent testing procedure for ASTs.An
4
AST can meet the above requirements by adding a coating, if such exists, which would cause the
AST to receive a listing as mentioned above. The owner/operator must provide evidence of such
• listing and proper application of the coating.
(33) "Flow-through process tank" is a tank that forms an integral part of a production
process through which there is a steady,variable,recurring,or intermittent flow of materials during
the operation of the process.Flow-through process tanks do not include tanks used for the storage of
materials prior to their introduction into the production process or for the storage of finished products
or by-products from the production process.
(34) "Fraction of organic carbon " is the fraction by weight of total naturally occurring
organic carbon in a soil sample.
(35) "Free product" refers to a regulated substance that is present as a nonaqueous phase
liquid (e.g., liquid not dissolved in water.)
(36) "Fund" means the Petroleum Storage Tank Fund created in C.R.S. § 8-20.5-103.
(37) "Gathering lines" means any pipeline, equipment, facility, or building used in the
transportation of oil or gas during oil or gas production or gathering operations.
(38) "Good Engineering Practice", "Good Engineering Standards", and "Nationally
Recognized Standard" means in accordance with standards developed by nationally recognized
• laboratories or associations such as: Underwriters Laboratory(U.L.),American National Standards
Institute(ANSI),American Petroleum Institute(API),American Society for Testing and Materials
(ASTM),American Society of Mechanical Engineers(ASME), Steel Tank Institute(STI),National
Association of Corrosion Engineers(NACE), or the National Fire Protection Association (NFPA).
(39) "Gradient" is the slope of the water table in the direction of groundwater flow. This
slope is typically expressed as a unit change in water table elevation per unit horizontal distance(e.g.
ft/ft).
(40) "Hazardous substance UST system"means an UST system that contains a hazardous
substance defined in section 101(14)of the Comprehensive Environmental Response,Compensation
and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under
subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST
system.
(41) "Heating oil"means petroleum that is No. 1,No.2,No.4--light,No.4--heavy,No. 5-
-light, No. 5--heavy, and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy
Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils.
Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
(42) "Hydraulic conductivity" is the coefficient of proportionality describing the rate at
which water can move through a permeable medium.
•
5
(43) "Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop
mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and,other
• similar devices.
(44) "Industrial property" is property currently zoned industrial by the local zoning
authority.
(45) "Infiltration rate"is the volume of water traveling through the unsaturated zone and
reaching groundwater per unit time.
(46) "Lens", as referred to in the Tier 2 model, is a horizontal unit of soil which can be
assigned different soil properties (e.g. hydraulic conductivity and moisture content), and which is
located between a petroleum vapor source and the ground surface or a building. The lens is typically
used to estimate volatile chemical diffusion rates when there are units with variable moisture content
above a vapor source.
(47) "Liquid trap"means sumps,well cellars,and other traps used in association with oil
and gas production, gathering, and extraction operations (including gas production plants), for the
purpose of collecting oil,water,and other liquids.These liquid traps may temporarily collect liquids
for subsequent disposition or reinjection into a production or pipeline stream, or may collect and
separate liquids from a gas stream.
(48) "Marine Service Station"is that portion of a property where liquids used as fuels are
• stored and dispensed from fixed equipment on shore,piers,wharves,or floating docks into the fuel
tanks of self-propelled craft, including all facilities used in connection therewith.
(49) "Media"are intervening substances through which something is transmitted or carried
(e.g. soil, water, or air).
(50) "Mortgagee" refers to a mortgagee or the holder of an evidence of debt secured by a
mortgage or deed of trust.
(51) "Motor fuel"means petroleum or a petroleum-based substance that is motor gasoline,
aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the
operation of a motor engine.
(52) "New UST" means an UST system that will be used to contain an accumulation of
regulated substances and for which installation commenced on or after December 22, 1988(see also
"Existing Tank.")
(53) "Noncommercial purposes"with respect to motor fuel at farms and residences means
not for resale.
(54) "Operational life"refers to the period beginning when installation of the tank system
has commenced until the time the tank system is properly closed.
•
6
(55) "Out of Service" means that the tank is not being operated in accordance with its
intended purpose.
• (56) "Overfill"is a release that occurs when a tank is filled beyond its capacity,resulting in
a discharge of the regulated substance to the environment.
(57) "Owner(s)/operator(s)" means that the task to which this phrase is attached may be
performed by either the owner or the operator. If neither the owner nor the operator performs the
task, both shall be in violation of these regulations. Duplication of the task is not required. This
definition applies to all persons who meet the statutory definition of"owner" or"operator" other
than orphaned or abandoned tank owners.
(58) "Person" means an individual, trust, firm, joint stock company, federal agency,
corporation,state,municipality,commission,political subdivision of a state,or any interstate body.
"Person" also includes a consortium, a joint venture, a commercial entity, and the United States
Government.
(59) "Petroleum AST system"means an AST system that contains petroleum or a mixture
of petroleum with de minimis quantities of other substances. Such systems include those containing
motor fuels,jet fuels, distillate fuel oils, residual fuel oils, lubricants, and used oils.
(60) "Petroleum UST system"means an UST system that contains petroleum or a mixture
of petroleum with de minimis quantities of other regulated substances. Such systems include those
• containing motor fuels,jet fuels,distillate fuel oils,residual fuel oils,lubricants,petroleum solvents,
and used oils.
(61) "Pipe" or "Piping" means a hollow cylinder or tubular conduit that is constructed of
non-earthen materials and in accordance with NFPA or other nationally recognized piping standards
for petroleum storage tanks.
(62) "Pipeline facilities (including gathering lines)" are new and existing pipe rights-of-
way and any associated equipment, facilities, or buildings.
(63) "Point of compliance" (POC) is a point or location some specified distance
hydraulically downgradient of the activity being monitored for compliance.
(64) "Point of exposure"(POE)is the location at which a person or sensitive environment
is assumed to be exposed to a chemical of concern. POEs for benzene, toluene, ethylbenzene and
xylenes are: property boundaries, surficial soils, subsurface utilities, structures, groundwater wells,
surface water,and sensitive environments. POEs for MTBE are: water supply wells that are used for
human consumption and surface water features that are used for human consumption.
(65) "Process or Processing"is an integrated sequence of operations.The sequence may be
inclusive of both physical and chemical operations and may involve, but is not limited to,
preparation, separation, purification, or change in state, energy content, or composition.
•
7
(66) "Reimbursement" means an assignment of money from the Fund to reimburse a
person for approved costs incurred in remediating petroleum contamination.
• (67) "Regulated substance"for UST systems has the same meaning as in C.R.S, § 8-20.5-
101(13). "Regulated substance" for AST systems means regulated petroleum products.
(68) "Release detection"means determining whether a release of a regulated substance has
occurred from the UST or AST system into the environment or into the interstitial space between the
UST or AST system and its secondary barrier or secondary containment around it.
(69) "Remediation"means actions taken to reduce concentrations of chemicals of concern
(including natural attenuation),or prevent migration of chemicals of concern to POEs. Remediation
shall be implemented for sites where no further action is not appropriate.
(70) "Repair" means to restore a tank or system component that has caused a release of
product from the UST or AST system.
(71) "Residential property" is property currently zoned residential by the local zoning
authority.
(72) "Residential tank" is a tank located on property used primarily for dwelling purposes.
(73) "Residual water content" is the fraction of water remaining in soil after gravity
• drainage.
(74) "Risk-based screening level(s)"(RBSLs) are the risk-based corrective action target
levels for chemical(s) of concern.
(75) "Saturated zone"is the subsurface zone which occurs below the water table. The soil
pores are filled with water, and the moisture content equals the porosity.
(76) "Secondary Containment" is containment which prevents any release from an AST
system from reaching land or waters outside of the containment area.
(77) "Secondary Containment Tank" is a shop fabricated AST which includes a steel or
reinforced concrete secondary shell that will provide containment of the entire capacity of the inner
tank in case of leaks or ruptures of the inner tank and having means for monitoring the interstitial
space for a leak.
(78) "Sensitive Environment"is an area ofparticular environmental value where regulated
petroleum contamination could pose a greater threat than in other less sensitive areas. Sensitive
environments include: critical habitat for federally endangered or threatened species,national parks,
national monuments, national recreation areas, national wildlife refuges; national forests,
campgrounds; recreational areas, game management areas,wildlife management areas, designated
federal wilderness areas,wetlands,wild and scenic rivers,state parks, state wildlife refuges,habitat
• designated for state endangered species, fishery resources, state designated natural areas, wellhead
protection areas, classified groundwater areas, and county or municipal parks.
8
(79) "Septic tank" is a water-tight covered receptacle designed to receive or process,
• through liquid separation or biological digestion,the sewage discharged from a building sewer where
the effluent from such receptacle is distributed for disposal through the soil and settled solids and
scum from the tank are pumped out periodically and hauled to a treatment facility.
(80) "Service Station"is a place where motor fuels are sold to the general public for cash
or credit and are dispensed into the fuel tanks of motor vehicles or approved containers. This does
not include unattended cardlock system facilities at bulk plants which only use proprietary cards
specific to the cardlock system in question.
(81) "Site classification" is a qualitative evaluation of a site based on known or readily
available information to identify the need for interim remedial actions and further information
gathering.
(82) "Site-specific target level(s)" (SSTLs) are the risked-based remedial action target
levels for chemical(s) of concern developed for a particular site under the Tier 2 evaluation.
(83) "Soil bulk density" is the dry weight of soil per unit volume.
(84) "Source concentration" is the highest concentration, in soil and/or groundwater and
/or vapor, of the chemicals of concern.
• (85) "Storm-water or wastewater collection system"means piping,pumps,conduits,and
any other equipment necessary to collect and transport the flow of surface water run-off resulting
from precipitation,or domestic, commercial,or industrial wastewater to and from retention areas or
any areas where treatment is designated to occur.The collection of storm water and wastewater does
not include treatment except where incidental to conveyance.
(86) "Subsurface soils" are all soils located at a depth of greater than one meter below the
ground surface.
(87) "Surface impoundment"is a natural topographic depression,man-made excavation,or
diked area formed primarily of earthen materials(although it maybe lined with man-made materials)
that is not an injection well.
(88) "Surficial soils"are all soils located from the ground surface to a depth of one meter
below ground surface.
(89) "Temporary closure" means the time between when a tank is out of service and is
permanently closed.
(90) "Tier 1 evaluation" is a risked-based analysis which includes a comparison of the
highest levels of contamination remaining on the site with the Tier 1 RBSLs. Each completed
exposure pathway must be evaluated.The completed exposure pathway with the lowest RBSLs for a
• given media will determine the cleanup goals for the site.
9
(91) "Tier lA evaluation" is a risked-based analysis to develop site-specific risk-based
screening levels (SS-RBSLs) for complete exposure pathways utilizing the Tier 1 models and
• incorporating data collected from the site. The completed exposure pathway with the lowest SS-
RBSLs will determine the cleanup goals for a given media at the site.
(92) "Tier 2 evaluation" is a risk-based analysis to develop site-specific target levels
(SSTLs) for complete exposure pathways utilizing saturated and unsaturated zone models such as
API DSS VADSAT or BP RISC. Acceptable models for the unsaturated zone will be analytical,
transient,capable of modeling one-dimensional dispersion and degradation,and calculating effective
solubility for individual constituents in a mixture. Acceptable models for the saturated zone will be
analytical or semi-analytical,transient,and simulate retardation,degradation,one-dimensional flow
and three-dimensional dispersion. The Tier 2 evaluation incorporates data collected from the site.
The completed exposure pathway with the lowest SSTLs for a given media will determine the
cleanup goals for the site.
(93) "Total porosity" is the volume of pore spaces divided by the total volume of soil.
(94) "Unattended Cardlock System"is a vehicle fueling facility,which uses a mechanical
or electronic method of tracking fuel deliveries using an identification card.
(95) "Underground area"means an underground room, such as a basement,cellar,shaft or
vault,providing enough space for physical inspection of the exterior of the tank situated on or above
the surface of the floor.
• (96) "Unsaturated zone" is a subsurface zone, which occurs above the water table. The
soil pores are only partially filled with water, and the moisture content is less than the porosity.
(97) "Upgrade" means the addition or retrofit of some systems (such as cathodic
protection, lining,modification of the system piping, or spill and overfill controls,etc.)to improve
the ability of an UST or AST system to prevent the release of product.
(98) "UST" means an underground storage tank which is not permanently closed.
(99) "UST system"means an UST,connected underground piping,underground ancillary
equipment, and containment system, if any.
(100) "Van Genuchten's N"is a parameter,used in the Tier 2 models,to estimate long-tutu
average moisture content in the unsaturated zone.
(101) "Vault"means an enclosure(other than a secondary containment tank),either above
or below-grade, that completely encloses an AST.
(102) "Wastewater treatment tank" means a tank that is designed to receive and treat an
influent wastewater through physical, chemical, or biological methods.
•
10
ARTICLE 2 UNDERGROUND STORAGE TANKS
. Section 2-1 UST Program Scope and Interim Prohibition
2-1-1 Applicability.
(a) These UST regulations apply to all owners/operators of an UST system except as
otherwise provided in paragraphs (b), (c), and (d) of this section. Any UST system listed in
paragraph (c) of this section must meet the requirements of section 2-1-2.
(b) The following UST systems are excluded from these regulations:
(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the
Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;
(2) Any wastewater treatment tank system that is part of a wastewater treatment facility
regulated under Section 402 or 307(b)of the Clean Water Act;
(3) Equipment or machinery that contains regulated substances for operational purposes
such as hydraulic lift tanks and electrical equipment tanks;
(4) Any UST system whose capacity is 110 gallons or less;
(5) Any UST system that contains a de minimis concentration of regulated substances;
• and
(6) Any emergency spill or overflow containment UST system that is expeditiously
emptied after use.
(c) Deferrals. The following types of UST systems are deferred from all parts of these
regulations except section 2-1-2 and Article 5:
(1) Wastewater treatment tank systems;
(2) Any UST systems containing radioactive material that are regulated under the Atomic
Energy Act of 1954 (42 U.S.C. § 2011 and following);
(3) Any UST system that is part of an emergency generator system at nuclear power
generation facilities regulated by the Nuclear Regulatory Commission under 10 C.F.R. Part 50,
Appendix A;
(4) Airport hydrant fuel distribution systems; and
(5) UST systems with field-constructed tanks.
• (d) Deferrals. Section 3-5(the release detection requirements)does not apply to any UST
system that stores fuel solely for use by emergency power generators.
11
2-1-2 Interim Prohibition for deferred UST systems.
• (a) No person may install an UST system listed in section 2-1-1(c) for the purpose of
storing regulated substances unless the UST system(whether of single-or double-wall construction):
(1) Will prevent releases due to corrosion or structural failure for the operational life of
the UST system;
(2) Is cathodically protected against corrosion, constructed of non-corrodible material,
steel clad with a non-corrodible material,or designed in a manner to prevent the release or threatened
release of any stored substance; and
(3) Is constructed or lined with material that is compatible with the stored substance.
(b) Notwithstanding paragraph (a) of this section, an UST system without corrosion
protection may be installed at a site that is determined by a corrosion expert not to be corrosive
enough to cause it to have a release due to corrosion during its operating life.Owners/operators must
maintain records that demonstrate compliance with the requirements of this paragraph for the
remaining life of the system.
[Note: The National Association of Corrosion Engineers Standard RP-02-85, "Control of External
Corrosion on Metallic Buried,Partially Buried,or Submerged Liquid Storage Systems,"may be used
as guidance for complying with paragraph (b) of this section.]
• 2-1-3 Determination of Ownership and Use.
An UST which was in use before December 22, 1988 and which was not closed in accordance with
national fire codes in effect at the time is considered to be in use until permanently closed in
accordance with these regulations.An UST in use on or after December 22, 1988 is considered to be
in use until permanently closed in accordance with these regulations.
Section 2-2 UST Design, Construction, Installation, and Notification
2-2-1 Application for UST Permit.
An application must be submitted to the Director for approval before beginning construction:
(a) On any new UST system used to store regulated substances.
(b) On an UST system that is being upgraded to the standards described in these
regulations or applicable statutes.
2-2-2 Construction Requirements.
No person may install,or cause to be installed, a new or replacement UST system or facility
• until:
(a) An application, as described in section 2-2-3 has been approved by the Director;
12
(b) The installation plan has been reported to the local Fire Department having
• jurisdiction; and
(c) The application/inspection fee described in section 2-2-5 has been paid.
2-2-3 Application Requirements.
The application required by section 2-2-1 must include:
(a) Site Plan -A dimensioned drawing of the facility, showing the name and address of
the facility, the location of existing tanks and piping that will remain at the facility, as well as new
tanks and piping proposed in the application,the location of dispensers and buildings at the facility,
the location of property lines, the location and names of streets adjacent to the facility; and
(b) A written application containing information about the proposed construction as
follows:
1. Method to be used to prevent releases of regulated substances due to corrosion of the
UST system;including piping and any swing joints or flexible connectors that will routinely contain
regulated substances;
2. Method to be used to prevent overfilling the UST;
• 3. Method to be used to prevent spills during transfer operations;
4. Leak detection method that will be used;
5. Type of pump that will be used for dispensing the UST contents;
6. Type of in-line leak detector to be used, if pressurized piping system is to be used;
7. Size and type of existing tanks and pipelines that will continue in use at the facility;
8. Size and type of tanks and pipelines to be installed;
9. Depth of burial of the tanks;
10. Type of backfill material to be used;
11. Surface coverage of the tanks in traffic areas;
12. Method to be used to prevent flotation of the tank;
13. Regulated substances to be stored at the facility;
• 14. Name and address of the facility;
13
15. Name and address of the operator of the facility;
• 16. Name and address of the owner of the UST system; and
17. Type of Vapor Recovery System to be used at the facility.
The name and address of the installer, the name of the tank manufacturer, and the tank serial
numbers should be included if known at the time of application submission;otherwise they must be
supplied when the installation is inspected.
The Director will make available an application form to facilitate submission of the required
information.
2-2-4 Inspection of the Facility during Construction.
The Director will make an inspection of the UST system before completion of construction activities
to verify that the construction is proceeding according to plan.The owner/operator shall provide the
Director with a 72 hour notice prior to the time of inspection.This inspection will be as detailed as
practicable; but does not exempt the owner/operator from certifying that the installation was made
according to all the technical requirements of these regulations.
2-2-5 Plan Review and Installation Inspection Fee.
• Each owner/operator must remit a fee of one hundred fifty($150)dollars to the Director to cover the
costs of the site plan review and installation inspection, for each UST installation or upgrade
construction plan submitted.
2-2-6 Denial,Revocation, or Modification of Permit.
(a) An UST permit application may be denied if the UST installation or operation is not
in conformance with these regulations; or is not in conformance with both Code 30 and Code 30-A
of the National Fire Protection Association.
(b) An UST permit may be denied if the permit application is not complete or is
determined to be inaccurate.
(c) An UST permit may be revoked if the UST installation or operation is not in
conformance with these regulations or is not in conformance with either Code 30 or Code 30-A of
the National Fire Protection Association.An UST permit is automatically revoked six months after
the date of issue unless the Director grants an extension in writing.
(d) Six months or later after an UST permit is issued, the permit may be modified by
subsequent statutory or regulatory changes.
•
14
2-2-7 Access to premises and records of UST facilities.
• Any duly authorized agent or employee of the Director shall have authority to enter in or upon the
premises of any facility that contains an UST system, containing a regulated substance, for the
purpose of verifying that such UST system and it's required records are in compliance with these
regulations.
2-2-8 Performance standards for new UST systems.
In order to prevent releases due to structural failure, corrosion,or spills and overfills for as long as
the UST system is used to store regulated substances,all owners/operators of new UST systems must
meet the following requirements.
(a) Tanks. Each tank must be properly designed and constructed, and any portion
underground that routinely contains product must be protected from corrosion,in accordance with a
code of practice developed by a nationally recognized association or independent testing laboratory
as specified below:
(1) The tank is constructed of fiberglass-reinforced plastic; or
[Note: The following industry codes may be used to comply with paragraph (a)(1) of this section:
Underwriters Laboratories Standard 1316, "Standard for Glass- Fiber-Reinforced Plastic
Underground Storage Tanks for Petroleum Products";Underwriter's Laboratories of Canada CAN4-
111 "Standard for Reinforced Plastic Underground Tanks for Petroleum Products"; or
American Society of Testing and Materials Standard D4021-86, "Standard Specification for Glass-
Fiber-Reinforced Polyester Underground Petroleum Storage Tanks."]
(2) The tank is constructed of steel and cathodically protected in the following manner:
(i) The tank is coated with a suitable dielectric material;
(ii) Field-installed cathodic protection systems are designed by a corrosion expert;
(iii) Impressed current systems are designed to allow determination of current operating
status as required in section 2-3-2(c); and
(iv) Cathodic protection systems are operated and maintained in accordance with section
2-3-2; or
[Note: The following codes and standards may be used to comply with paragraph (a)(2) of this
section:
(A) Steel Tank Institute "Specification for STI-P3 System of External Corrosion
Protection of Underground Steel Storage Tanks";
i
15
(B) Underwriters Laboratories Standard 1746, "Corrosion Protection Systems for
Underground Storage Tanks";
• (C) Underwriters Laboratories of Canada CAN4-S603-M85, "Standard for Steel
Underground Tanks for Flammable and Combustible Liquids," and CAN4-G03.1-M85, "Standard
for Galvanic Corrosion Protection Systems for Underground Tanks for Flammable and Combustible
Liquids," and CAN4-S631-M84, "Isolating Bushings for Steel Underground Tanks Protected with
Coatings and Galvanic Systems"; or
(D) National Association of Corrosion Engineers Standard RP-02-85, "Control of
External Corrosion on Metallic Buried,Partially Buried,or Submerged Liquid Storage Systems,"and
Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and
Combustible Liquids."]
(3) The tank is constructed of a steel-fiberglass-reinforced-plastic composite; or
[Note: The following industry codes may be used to comply with paragraph (a)(3)of this section:
Underwriters Laboratories Standard 1746, "Corrosion Protection Systems for Underground Storage
Tanks,"or the Association for Composite Tanks ACT-100,"Specification for the Fabrication of FRP
Clad Underground Storage Tanks."]
(4) The tank is constructed of metal without additional corrosion protection measures
provided that:
• (i) The tank is installed at a site that is determined by a corrosion expert not to be
corrosive enough to cause it to have a release due to corrosion during its operating life; and
(ii) Owners/operators maintain records that demonstrate compliance with the
requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank; or
(5) The tank construction and corrosion protection are determined by the Director to be
designed to prevent the release or threatened release of any stored regulated substance in a manner
that is no less protective of human health and the environment than paragraphs(a)(1)through(4)of
this section.
(b) Piping.The piping that routinely contains regulated substances and is in contact with
the ground must be properly designed,constructed,and protected from corrosion in accordance with
a code of practice developed by a nationally recognized association or independent testing laboratory
as specified below:
(1) The piping is constructed of fiberglass-reinforced plastic; or
[Note: The following codes and standards may be used to comply with paragraph (b)(1) of this
section:
(A) Underwriters Laboratories Subject 971, "UL Listed Non-Metal Pipe";
•
16
(B) Underwriters Laboratories Standard 567, "Pipe Connectors for Flammable and
Combustible and LP Gas";
• (C) Underwriters Laboratories of Canada Guide ULC-107, "Glass Fiber Reinforced
Plastic Pipe and Fittings for Flammable Liquids"; and
(D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, "Flexible
Underground Hose Connectors."]
(2) The piping is constructed of steel and cathodically protected in the following manner:
(i) The piping is coated with a suitable dielectric material;
(ii) Field-installed cathodic protection systems are designed by a corrosion expert;
(iii) Impressed current systems are designed to allow determination of current operating
status as required in section 2-3-2(c); and
(iv) Cathodic protection systems are operated and maintained in accordance with section
2-3-2; or
[Note: The following codes and standards may be used to comply with paragraph (b)(2) of this
section:
• (A) National Fire Protection Association Standard 30, "Flammable and Combustible
Liquids Code";
(B) American Petroleum Institute Publication 1615, "Installation of Underground
Petroleum Storage Systems";
(C) American Petroleum Institute Publication 1632,"Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems"; and
(D) National Association of Corrosion Engineers Standard RP-01-69, "Control of
External Corrosion on Submerged Metallic Piping Systems."]
(3) The piping is constructed of metal without additional corrosion protection measures
provided that:
(i) The piping is installed at a site that is determined by a corrosion expert to not be
corrosive enough to cause it to have a release due to corrosion during its operating life; and
(ii) Owners/operators maintain records that demonstrate compliance with the
requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or
• [Note: National Fire Protection Association Standard 30, "Flammable and Combustible Liquids
Code"; and National Association of Corrosion Engineers Standard RP-01-69, "Control of External
17
Corrosion on Submerged Metallic Piping Systems,"may be used to comply with paragraph(b)(3)of
this section.]
• (4) The piping construction and corrosion protection are determined by the Director to be
designed to prevent the release or threatened release of any stored regulated substance in a manner
that is no less protective of human health and the environment than the requirements in paragraphs
(b)(1) through (3) of this section.
(c) Spill and overfill prevention equipment.
(1) Except as provided in paragraph (c)(2) of this section, to prevent spilling and
overfilling associated with product transfer to the UST system, owners/operators must use the
following spill and overfill prevention equipment:
(i) Spill prevention equipment that will prevent release of product to the environment
when the transfer hose is detached from the fill pipe(for example, a spill catchment basin); and
(ii) Overfill prevention equipment that will:
(A) Automatically shut off flow into the tank when the tank is more than 95 percent full;
or
(B) Alert the transfer operator when the tank is more than 90 percent full by restricting the
• flow into the tank or triggering a high-level alarm.
(2) Owners/operators are not required to use the spill and overfill prevention equipment
specified in paragraph(c)(1) of this section if:
(i) Alternative equipment is used that is determined by the Director to be no less
protective of human health and the environment than the equipment specified in paragraph(c)(1)(i)
or(ii) of this section; or
(ii) The UST system is filled by transfers of no more than 25 gallons at one time.
(d) Installation.All tanks and piping must be properly installed in accordance with a code
of practice developed by a nationally recognized association or independent testing laboratory and in
accordance with the manufacturer's instructions.
[Note: Tank and piping system installation practices and procedures described in the following
codes may be used to comply with the requirements of paragraph (d) of this section:
(i) American Petroleum Institute Publication 1615, "Installation of Underground
Petroleum Storage System"; or
(ii) Petroleum Equipment Institute Publication RP100, "Recommended Practices for
• Installation of Underground Liquid Storage Systems"; or
18
(iii) American National Standards Institute Standard B31.3,"Petroleum Refinery Piping,"
and American National Standards Institute Standard B3 IA"Liquid Petroleum Transportation Piping
• System.")
(e) Certification of installation.All owners/operators must ensure that one or more of the
following methods of certification, testing, or inspection is used to demonstrate compliance with
paragraph(d)of this section by providing a certification of compliance on the UST registration form
in accordance with section 2-2-10.
(1) The installer has been certified by the tank and piping manufacturer(s)to install the
particular tank installed; or
(2) The installer is currently licensed by the Director; or
(3) The installation has been inspected and certified by a registered professional engineer
with education and experience in UST system installation; or
(4) The installation has been inspected and approved by the Director and certified by the
owner/operator; or
(5) All work listed in the manufacturer's installation checklists has been completed and
documented; or
• (6) The owner/operator has complied with another method for ensuring compliance with
paragraph (d) of this section that is determined by the Director to be no less protective of human
health and the environment than the above methods.
In any event,the responsibility for ensuring compliance with the installation regulations belongs to
the owner/operator.
(f) Pursuant to C.R.S. § 8-20.5-204,the owner/operator is required to notify the Director
and receive approval by the Director of the installation.
2-2-9 Upgrading of existing UST systems.
(a) Alternatives allowed. Not later than December 22, 1998, all existing UST systems
must comply with one of the following:
(1) New UST system performance standards under section 2-2-8; or
(2) Upgrading requirements in (b)through (d) of this section; or
(3) Closure requirements under section 2-5 of these regulations, including applicable
requirements for corrective action under Article 5.
•
19
(b) Tank upgrading requirements. Steel tanks must be upgraded to meet one of the
following requirements in accordance with a code of practice developed by a nationally recognized
• association or independent testing laboratory:
(1) Internal lining. A tank may be upgraded by internal lining if:
(i) The lining is installed in accordance with the requirements of section 2-3-4, and
(ii) Within 10 years after lining, and every 5 years thereafter,the lined tank is internally
inspected and found to be structurally sound with the lining still performing in accordance with
original design specifications.
(2) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic
protection system meets the requirements of section 2-2-8(a)(2)(ii),(iii),and(iv)and the integrity of
the tank is ensured using one of the following methods:
(i) The tank is internally inspected and assessed to ensure that the tank is structurally
sound and free of corrosion holes prior to installing the cathodic protection system; or
(ii) The tank has been installed for less than 10 years and is monitored monthly for
releases in accordance with section 2-4-4(d)through (h); or
(iii) The tank has been installed for less than 10 years and is assessed for corrosion holes
by conducting two (2) tightness tests that meet the requirements of section 2-4-4(c). The first
• tightness test must be conducted prior to installing the cathodic protection system. The second
tightness test must be conducted between three(3)and six(6)months following the first operation of
the cathodic protection system; or
(iv) The tank is assessed for corrosion holes by a method that is determined by the
Director to prevent releases in a manner that is no less protective of human health and the
environment than paragraphs (b)(2)(i) through (iii) of this section.
(3) Internal lining combined with cathodic protection. A tank may be upgraded by both
internal lining and cathodic protection if:
(i) The lining is installed in accordance with the requirements of section 2-3-4; and
(ii) The cathodic protection system meets the requirements of section 2-2-8(a)(2)(ii),(iii),
and (iv).
[Note: The following codes and standards may be used to comply with this section:
(A) American Petroleum Institute Publication 1631, "Recommended Practice for the
Interior Lining of Existing Steel Underground Storage Tanks";
•
20
(B) National Leak Prevention Association Standard 631,"Spill Prevention,Minimum 10
Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of
Cathodic Protection";
(C) National Association of Corrosion Engineers Standard RP-02-85, "Control of
External Corrosion on Metallic Buried,Partially Buried,or Submerged Liquid Storage Systems";and
(D) American Petroleum Institute Publication 1632, "Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems."]
(c) Piping upgrading requirements. Metal piping that routinely contains regulated
substances and is in contact with the ground must be cathodically protected in accordance with a
code of practice developed by a nationally recognized association or independent testing laboratory
and must meet the requirements of section 2-2-8(b)(2)(ii), (iii), and (iv).
[Note: The codes and standards listed in the note following section 2-2-8(b)(2) may be used to
comply with this requirement.]
(d) Spill and overfill prevention equipment.To prevent spilling and overfilling associated
with product transfer to the UST system, all existing UST systems must comply with new UST
system spill and overfill prevention equipment requirements specified in section 2-2-8(c).
2-2-10 Registration of UST Systems.
• (a) Each owner/operator of an UST system must register each system with the Director
within 30 days after the first day on which the system is actually used to contain a regulated
substance. This registration must be renewed annually, on or before the calendar date of the initial
registration,in each succeeding year after 1989.The owner/operator is required to pay a registration
fee as set by statute for each tank registered.
(b) All UST systems and facilities must be registered on a form provided by the Director,
regardless of use, size, or type of regulated substance stored therein; and regardless of whether the
tanks and facilities are in service or out of service.
[Note: Owners/operators of UST systems that were in the ground on or after May 8, 1986, unless
taken out of operation on or before January 1, 1974, were required to notify the Colorado
Department of Health in accordance with the Hazardous and Solid Waste Amendments of 1984,
Public Law 98-616,on a form published by EPA on November 8, 1985 (50 FR 46602)unless notice
was given pursuant to section 103(c)of CERCLA. Owners/operators who have not complied with
the notification requirements may use the registration form described in section 2-2-10(h)]
(c) Owners required to register tanks under paragraph (a) of this section must register
each tank they own. Owners may register several tanks using one registration form,but owners who
own tanks located at more than one place of operation must file a separate registration form for each
separate place of operation.
•
21
(d) Any time there is a change in operation, including upgrading of the UST system,
changes in operation, or completed closure of an UST system, the owner/operator is required to
update the registration within 60 days.
(e) Registration forms required to be submitted under paragraph(a)of this section must
provide all of the required information for each tank.
(0 All owners/operators of new UST systems must certify in the registration form,
compliance with the following requirements:
(l) Installation of tanks and piping under section 2-2-8(e);
(2) Cathodic protection of steel tanks and piping under section 2-2-8(a) and (b);
(3) Financial responsibility under Article 6 of these regulations; and
(4) Release detection under sections 2-4-2 and 2-4-3.
(g) All owners/operators of new UST systems must certify in the registration form that
the method used to install the UST system complies with the requirements in section 2-2-8(d).
(h) After July 1, 1989, any person who sells a tank intended to be used as an UST must
notify the purchaser of such tank of the owner's registration obligations under paragraph(a) of this
. section.
(i) The registration form supplied by the Director will meet the requirements of section
9002 of the federal Solid Waste Disposal Act as amended.
(j) The required fee for UST registration is the amount required per tank per year as
authorized by C.R.S. § 8-20.5-102; and the fee for the installation plan review and the installation
inspection is set at$150.00,as authorized by C.R.S. §8-20.5-204,to cover the costs of administering
this section.
Section 2-3 General Operating Requirements
2-3-1 Spill and overfill control.
(a) Owners/operators must ensure that releases due to spilling or overfilling do not occur.
The owner/operator must ensure that the volume available in the tank is greater than the volume of
product to be transferred to the tank before the transfer is made and that the transfer operation is
monitored constantly to prevent overfilling and spilling.
[Note: The transfer procedures described in National Fire Protection Association Publication 385
may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill
prevention appears in American Petroleum Institute Publication 1621, "Recommended Practice for
• Bulk Liquid Stock Control at Retail Outlets,"and National Fire Protection Association Standard 30,
"Flammable and Combustible Liquids Code."]
22
(b) The owner/operator must report, investigate, and clean up any spills and overfills in
accordance with section 4-4.
2-3-2 Operation and maintenance of corrosion protection.
All owners/operators of steel UST systems with corrosion protection must comply with the following
requirements to ensure that releases due to corrosion are prevented for as long as the UST system is
used to store regulated substances:
(a) All corrosion protection systems must be operated and maintained to continuously
provide corrosion protection to the metal components of that portion of the tank and piping that
routinely contain regulated substances and are in contact with the ground.
(b) All UST systems equipped with cathodic protection systems must be inspected for
proper operation by a qualified cathodic protection tester in accordance with the following
requirements:
(1) Frequency. All cathodic protection systems must be tested within 6 months of
installation and at least every 3 years thereafter or according to another reasonable time frame
established by the Director; and
(2) Inspection criteria. The criteria that are used to determine that cathodic protection is
• adequate as required by this section must be in accordance with a code of practice developed by a
nationally recognized association.
[Note: National Association of Corrosion Engineers Standard RP-02-85, "Control of External
Corrosion on Metallic Buried,Partially Buried,or Submerged Liquid Storage Systems,"maybe used
to comply with paragraph (b)(2) of this section.]
(c) UST systems with impressed current cathodic protection systems must also be
inspected every 60 days to ensure that the equipment is running properly.
(d) For UST systems using cathodic protection,records of the operation of the cathodic
protection must be maintained (in accordance with section 2-3-5) to demonstrate compliance with
the performance standards in this section. These records must provide the following:
(1) The results of the last three inspections required in paragraph(c)of this section; and
(2) The results of testing from the last two inspections required in paragraph(b)of this
section.
2-3-3 Compatibility.
Owners/operators must use an UST system made of or lined with materials that are compatible with
• the substance stored in the UST.
23
[Note: Owners/operators storing alcohol blends may use the following codes to comply with the
requirements of this section:
• (A) American Petroleum Institute Publication 1626, "Storing and Handling Ethanol and
Gasoline-Ethanol Blends at Distribution Terminals and Service Stations"; and
(B) American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-
Methanol/Cosolvent Blends at Distribution Terminals and Service Stations."]
2-3-4 Repairs allowed.
Owners/operators of UST systems must ensure that repairs will prevent releases due to structural
failure or corrosion as long as the UST system is used to store regulated substances.The repairs must
meet the following requirements:
(a) Repairs to UST systems must be properly conducted in accordance with a code of
practice developed by a nationally recognized association or an independent testing laboratory.
[Note: The following codes and standards may be used to comply with paragraph(a)of this section:
National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code";
American Petroleum Institute Publication 2200, "Repairing Crude Oil,Liquified Petroleum Gas,and
Product Pipelines";American Petroleum Institute Publication 1631,"Recommended Practice for the
Interior Lining of Existing Steel Underground Storage Tanks"; and National Leak Prevention
Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel
. Underground Tanks by Lining Without the Addition of Cathodic Protection."]
(b) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's
authorized representatives or in accordance with a code of practice developed by a nationally
recognized association or an independent testing laboratory.
(c) Metal pipe sections and fittings that have released product as a result of corrosion or
other damage must be replaced.Fiberglass pipes and fittings may be repaired in accordance with the
manufacturer's specifications.
(d) Repaired tanks and piping must be tightness tested in accordance with sections 2-4-
4(c) and 2-4-5(b) within 30 days following the date of the completion of the repair unless:
(1) The repaired tank is internally inspected in accordance with a code of practice
developed by a nationally recognized association or an independent testing laboratory; or
(2) The repaired portion of the UST system is monitored monthly for releases in
accordance with a method specified in section 2-4-4(d)through (h); or
(3) Another test method is used that is determined by the Director to be no less protective
of human health and the environment than those listed above.
•
24
(e) Within 6 months following the repair of any cathodically protected UST system,the
cathodic protection system must be tested in accordance with section 2-3-2(b)and(c)to ensure that
• it is operating properly.
(1) UST system owners/operators must maintain records of each repair for the remaining
operating life of the UST system that demonstrate compliance with the requirements of this section.
2-3-5 Reporting and record keeping.
Owners/operators of UST systems must cooperate fully with inspections, monitoring and testing
conducted by the Director, as well as requests for document submission,testing,and monitoring by
the owner/operator pursuant to section 9005 of Subtitle I of the Resource Conservation and Recovery
Act, as amended.
(a) Reporting.Owners/operators must submit the following information to the Director:
(1) Registration for all UST systems (§ 2-2-10), which includes certification of
installation for new UST systems (§ 2-2-8(e));
(2) Reports of all releases including suspected releases(§4-1),spills and overfills(§4-4),
and confirmed releases (§ 5-2);
(3) Corrective actions planned or taken including initial abatement measures and initial
• site characterization (§ 5-2),and corrective action plans (§ 5-3); and
(4) A notification before permanent closure or change-in-service(§ 2-5-2).
(b) Record keeping. Owners/operators must maintain the following information:
(1) A corrosion expert's analysis of site corrosion potential if corrosion protection
equipment is not used (§ 2-2-8(a)(4)and (b)(3)).
(2) Documentation of operation of corrosion protection equipment (§ 2-3-2);
(3) Documentation of UST system repairs (§ 2-3-4(f));
(4) Recent compliance with release detection requirements (§ 2-4-6); and
(5) Results of the site investigation conducted at permanent closure(§ 2-5-5).
(c) Availability and Maintenance of Records. Owners/operators are required, upon
request,to provide all records referenced in these regulations to the Director.Owners/operators must
keep the required records either:
(1) At the UST site and immediately available for inspection by the Director; or
•
25
(2) At a readily available alternative site so they can be sent to the Director upon request;
or
• (3) In the case of permanent closure records required under section 2-5-5,
owners/operators are also provided with the additional alternative of mailing closure records to the
Director if they cannot be kept at the site or an alternative site as indicated above.
(d) Notwithstanding the above, for Fund reimbursement purposes, persons may be
required to maintain the above or other records in accordance with Fund requirements.
Section 2-4 Release Detection
2-4-1 General requirements for all UST systems.
(a) Owners/operators of new and existing UST systems must provide a method, or
combination of methods, of release detection that:
(1) Can detect a release from any portion of the tank and the connected underground
piping that routinely contains product;
(2) Is installed, calibrated, operated, and maintained in accordance with the
manufacturer's instructions, including routine maintenance and service checks for operability or
running condition; and
• (3) Meets the performance requirements in sections 2-4-4 and 2-4-5, with any
performance claims and their manner of determination described in writing by the equipment
manufacturer or installer. In addition, methods used after December 22, 1991 except for methods
permanently installed prior to that date, must be capable of detecting the leak rate or quantity
specified for that method in sections 2-4-4(b), (c), and (d) or 2-4-5(a) and (b),with a probability of
detection of 0.95 and a probability of false alarm of 0.05.
(b) When a release detection method operated in accordance with the performance
standards in sections 2-4-4 and 2-4-5 indicates a release may have occurred,owners/operators must
notify the Director in accordance with Article 4.
(c) Owners/operators of all UST systems must have complied with the release detection
requirements of this section 2-4 by December 22, of the year listed in the following table:
Schedule for Phase-in of Release Detection
Year System Year When Release Detection is Required
Was Installed (by December 22 of the year indicated)
1989 1990 1991 1992 1993
Before 1965 or RD PP
• date unknown
26
Schedule for Phase-in of Release Detection
• 1965 - 1969 PP/RD
1970 - 1974 PP RD
1975 - 1979 PP RD
1980 - 1988 PP RD
New UST PP/RD Immediately upon installation
PP= Must have begun release detection for all pressurized piping in accordance with sections 2-4-
2(b)(1) and 2-4-3(b)(4).
RD=Must have begun release detection for tanks and suction piping in accordance with sections 2-
4-2(a), 2-4-2(b)(2), and 2-4-3.
(d) Any existing UST system that does not apply a method of release detection that
complies with the requirements of this section must complete the closure procedures in section 2-5
immediately.
2-4-2 Requirements for petroleum UST systems.
• Owners/operators of petroleum UST systems must provide release detection for tanks and piping as
follows:
(a) Tanks.Tanks must be monitored at least every 30 days for releases using one of the
methods listed in section 2-4-4(d)-(h) except that:
(I) UST systems that meet the performance standards in sections 2-2-8 or 2-2-9,and the
monthly inventory control requirements in section 2-4-4(a) or (b), may use tank tightness testing
(conducted in accordance with section 2-4-4(c))at least once every 5 years until December 22, 1998,
or until 10 years after the tank is installed or upgraded under section 2-2-9(b), whichever is later;
(2) UST systems that do not meet the performance standards in sections 2-2-8 or 2-2-9
may use monthly inventory controls (conducted in accordance with section 2-4-4(a) or (b)) and
annual tank tightness testing (conducted in accordance with section 2-4-4(c)) until December 22,
1998 when the tank must be upgraded under section 2-2-9 or permanently closed under section 2-5-
2; and
(3) Tanks with a capacity of 1,000 gallons or less may use weekly tank gauging
(conducted in accordance with § 2-4-4(b)).
(b) Piping. Underground piping that routinely contains regulated substances must be
• monitored for releases in a manner that meets one of the following requirements:
27
(1) Pressurized piping. Underground piping that conveys regulated substances under
pressure must:
• (i) Be equipped with an automatic line leak detector which meets the requirements of
section 2-4-5(a); and
(ii) Have an annual line tightness test conducted in accordance with section 2-4-5(b)or
have monthly monitoring conducted in accordance with section 2-4-5(c).
(2) Suction piping.Underground piping that conveys regulated substances under suction
must either have a line tightness test conducted at least once every 3 years and in accordance with
section 2-4-5(b),or use a monthly monitoring method conducted in accordance with section 2-4-5(c).
No release detection is required for suction piping that is designed and constructed to meet the
following standards:
(i) The below-grade piping operates at less than atmospheric pressure;
(ii) The below-grade piping is sloped so that the contents of the pipe will drain back into
the storage tank if the suction is released;
(iii) Only one check valve is included in each suction line;
(iv) The check valve is located directly below and as close as practical to the suction
pump; and
•
(v) A method is provided that allows compliance with paragraphs (b)(2)(ii)-(iv) of this
section to be readily determined.
2-4-3 Requirements for hazardous substance UST systems.
Owners/operators of hazardous substance UST systems must provide release detection that meets the
following requirements:
(a) Release detection at existing UST systems must meet the requirements for petroleum
UST systems in section 2-4-2.By December 22, 1998,all existing hazardous substance UST systems
must meet the release detection requirements for new UST systems in paragraph(b)of this section.
(b) Release detection at new hazardous substance UST systems must meet the following
requirements:
(1) Secondary containment systems must be designed, constructed and installed to:
(i) Contain regulated substances released from the UST system until they are detected
and removed;
• (ii) Prevent the release of regulated substances to the environment at any time during the
operational life of the UST system; and
28
(iii) Be checked for evidence of a release at least every 30 days.
• [Note: The provisions of40 CFR 265.193,Containment and Detection of Releases,may be used to
comply with these requirements.]
(2) Double-walled tanks must be designed, constructed, and installed to:
(I) Contain a release from any portion of the inner tank within the outer wall; and
(ii) Detect the failure of the inner wall.
(3) External liners (including vaults)must be designed, constructed, and installed to:
(i) Contain 100 percent of the capacity of the largest tank within its boundary;
(ii) Prevent the interference of precipitation or groundwater intrusion with the ability to
contain or detect a release of regulated substances; and
(iii) Surround the tank completely (i.e., it is capable of preventing lateral as well as
vertical migration of regulated substances).
(4) Underground piping must be equipped with secondary containment that satisfies the
requirements of paragraph(b)(I)of this section(e.g.,trench liners,jacketing of double-walled pipe).
• In addition,underground piping that conveys regulated substances under pressure must be equipped
with an automatic line leak detector in accordance with section 2-4-5(a).
(5) Other methods of release detection may be used if owners/operators:
(I) Demonstrate to the Director that an alternate method can detect a release of the stored
substance as effectively as any of the methods allowed in section 2-4-4(b)-(h)can detect a release of
petroleum;
(ii) Provide information to the Director on effective corrective action technologies,health
risks, and chemical and physical properties of the stored substance, and the characteristics of the
UST site; and,
(iii) Obtain written approval from the Director to use the alternate release detection
method before the installation and operation of the new UST system.
2-4-4 Methods of release detection for tanks.
Each method of release detection for tanks used to meet the requirements of section 2-4-2 must be
conducted in accordance with the following:
•
29
(a) Inventory control. Product inventory control (or another test of equivalent
performance)must be conducted monthly to detect a release of at least 1.0 percent of flow-through
• plus 130 gallons on a monthly basis in the following manner:
(1) Inventory volume measurements for regulated substance inputs,withdrawals,and the
amount still remaining in the tank are recorded each operating day;
(2) The equipment used is capable of measuring the level of product over the full range of
the tank's height to the nearest one-eighth of an inch;
(3) The regulated substance inputs are reconciled with delivery receipts by measurement
of the tank inventory volume before and after delivery;
(4) Deliveries are made through a drop tube that extends to within one foot of the tank
bottom;
(5) Product dispensing is metered and recorded within an accuracy of 6 cubic inches for
every 5 gallons of product withdrawn; and
(6) The measurement of any water level in the bottom of the tank is made to the nearest
one-eighth of an inch at least once a month.
[Note: Practices described in the American Petroleum Institute Publication 1621, "Recommended
• Practice for Bulk Liquid Stock Control at Retail Outlets," may be used, where applicable, as
guidance in meeting the requirements of this paragraph.]
(b) Manual tank gauging. Manual tank gauging must meet the following requirements:
(I) Tank liquid level measurements are taken at the beginning and ending of a period of
at least 36 hours during which no liquid is added to or removed from the tank;
(2) Level measurements are based on an average of two consecutive stick readings at both
the beginning and ending of the period;
(3) The equipment used is capable of measuring the level of product over the full range of
the tank's height to the nearest one-eighth of an inch;
(4) A leak is suspected and subject to the requirements of Article 4 if the variation
between beginning and ending measurements exceeds the weekly or monthly standards in the
following table:
•
30
• Weekly Monthly Minimum
Tank Tank Dimensions Standard Standard Rest
Capacity 1 Test Average of Period
(Gallons) (Gallons) 4 Tests Duration
(Gallons)
550 N/A 10 5 36 hours
551-1,000 N/A 13 7 36 hours
1,000 64" (diameter) x 73" (length) 9 4 44 hours
1,000 48" (diameter)x 128" (length) 12 6 58 hours
1,001 -2,000 N/A 26 13 36 hours
(5) Only tanks of 1,000 gallons or less nominal capacity may use manual tank gauging as
the sole method of release detection.Tanks of 1,001 to 2,000 gallons may use this method in place of
inventory control in section 2-4-4(a).Tanks of greater than 2,000 gallons nominal capacity may not
use this method to meet the requirements of this section.
(c) Tank tightness testing. Tank tightness testing (or another test of equivalent
performance) must be capable of detecting a 0.1 gallon per hour leak rate, with a probability of
• detection of 0.95, from any portion of the tank that routinely contains product while accounting for
the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation,
evaporation or condensation, and the location of the water table.
(d) Automatic tank gauging.Equipment for automatic tank gauging that tests for the loss
of product and conducts inventory control must meet the following requirements:
(1) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate
from any portion of the tank that routinely contains product; and
(2) Inventory control (or another test of equivalent performance) is conducted in
accordance with the requirements of section 2-4-4(a).
(e) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the
excavation zone must meet the following requirements:
(I) The materials used as backfill are sufficiently porous(e.g.,gravel,sand,crushed rock)
to readily allow diffusion of vapors from releases into the excavation area;
(2) The stored regulated substance, or a tracer compound placed in the UST system, is
sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring
• devices located in the excavation zone in the event of a release from the tank;
31
(3) The measurement of vapors by the monitoring device is not rendered inoperative by
the groundwater, rainfall, or soil moisture or other known interferences so that a release could go
• undetected for more than 30 days;
(4) The level of background contamination in the excavation zone will not interfere with
the method used to detect releases from the tank;
(5) The vapor monitors are designed and operated to detect any significant increase in
concentration above background of the regulated substance stored in the UST system, a component
or components of that substance, or a tracer compound placed in the UST system;
(6) In the UST excavation zone, the site is assessed to ensure compliance with the
requirements in paragraphs(e)(1)-(4)of this section and to establish the number and positioning of
monitoring wells that will detect releases within the excavation zone from any portion of the tank
that routinely contains product; and
(7) Monitoring wells are clearly marked and secured to avoid unauthorized access and
tampering.
(f) Groundwater monitoring.Testing or monitoring for liquids on the groundwater must
meet the following requirements:
(1) The regulated substance is immiscible in water and has a specific gravity of less than
• one;
(2) Groundwater is never more than 20 feet from the ground surface and the hydraulic
conductivity of the soil(s)between the UST system and the monitoring wells or devices is not less
than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or
other permeable materials);
(3) The slotted portion of the monitoring well casing must be designed to prevent
migration of natural soils or filter pack into the well and to allow entry of regulated substance on the
water table into the well under both high and low groundwater conditions;
(4) Monitoring wells shall be sealed from the ground surface to the top of the filter pack;
(5) Monitoring wells or devices intercept the excavation zone or are as close to it as is
technically feasible;
(6) The continuous monitoring devices or manual methods used can detect the presence
of at least one-eighth of an inch of free product on top of the groundwater in the monitoring wells;
(7) Within and immediately below the UST system excavation zone,the site is assessed
to ensure compliance with the requirements in paragraphs(f)(1)-(5) of this section and to establish
the number and positioning of monitoring wells or devices that will detect releases from any portion
• of the tank that routinely contains product; and
32
(8) Monitoring wells are clearly marked and secured to avoid unauthorized access and
tampering.
• (g) Interstitial monitoring. Interstitial monitoring between the UST system and a
secondary barrier immediately around or beneath it may be used,but only if the system is designed,
constructed and installed to detect a leak from any portion of the tank that routinely contains product
and also meets one of the following requirements:
(1) For double-walled UST systems,the sampling or testing method can detect a release
through the inner wall in any portion of the tank that routinely contains product;
[Note: The provisions outlined in the Steel Tank Institute's "Standard for Dual Wall Underground
Storage Tanks"may be used as guidance for aspects of the design and construction of underground
steel double-walled tanks.]
(2) For UST systems with a secondary barrier within the excavation zone,the sampling or
testing method used can detect a release between the UST system and the secondary barrier;
(i) The secondary barrier around or beneath the UST system consists of artificially
constructed material that is sufficiently thick and impermeable(not more than 0.000001 cm/sec for
the regulated substance stored) to direct a release to the monitoring point and permit its detection;
(ii) The barrier is compatible with the regulated substance stored so that a release from
the UST system will not cause a deterioration of the barrier allowing a release to pass through
• undetected;
(iii) For cathodically protected tanks,the secondary barrier must be installed so that it does
not interfere with the proper operation of the cathodic protection system;
(iv) The groundwater, soil moisture, or rainfall will not render the testing or sampling
method used inoperative so that a release could go undetected for more than 30 days;
(v) The site is assessed to ensure that the secondary barrier is always above the
groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use
under such conditions; and,
(vi) Monitoring wells are clearly marked and secured to avoid unauthorized access and
tampering.
(3) For tanks with an internally fitted liner, an automated device can detect a release
between the inner wall of the tank and the liner,and the liner is compatible with the substance stored.
(h) Other methods. Any other type of release detection method, or combination of
methods, can be used if:
(1) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month
• with a probability of detection of 0.95 and a probability of false alarm of 0.05; or
33
(2) The Director may approve another method if the owner/operator can demonstrate that
the method can detect a release as effectively as any of the methods allowed in paragraphs(c)-(h)of
althis section.In comparing methods,the Director shall consider the size of release that the method can
detect and the frequency and reliability with which it can be detected.If the method is approved,the
owner/operator must comply with any conditions imposed by the Director on its use to ensure the
protection of human health and the environment.
2-4-5 Methods of release detection for piping.
Each method of release detection for piping used to meet the requirements of section 2-4-2 must be
conducted in accordance with the following:
(a) Automatic line leak detectors.Methods which alert the owner/operator to the presence
of a leak by restricting or shutting off the flow of regulated substances through piping or triggering
an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds
per square inch line pressure within I hour.An annual test of the operation of the leak detector must
be conducted in accordance with the manufacturer's requirements.
(b) Line tightness testing.A periodic test of piping may be conducted only if it can detect
a 0.1 gallon per hour leak rate at one and one-half times the operating pressure.
(c) Applicable tank methods. Any of the methods in section 2-4-4(e)-(h)may be used if
they are designed to detect a release from any portion of the underground piping that routinely
• contains regulated substances.
2-4-6 Release detection record keeping.
All UST system owners/operators must maintain records in accordance with section 2-3-5
demonstrating compliance with all applicable requirements of this section. These records must
include the following:
(a) All written performance claims pertaining to any release detection system used, and
the manner in which these claims have been justified or tested by the equipment manufacturer or
installer,must be maintained for 5 years,or for another reasonable period of time determined by the
Director, from the date of installation;
(b) The results of any sampling, testing,or monitoring must be maintained for at least 1
year, or for another reasonable period of time determined by the Director, except that the results of
tank tightness testing conducted in accordance with section 2-4-4(c)must be retained until the next
test is conducted; and
(c) Written documentation of all calibration,maintenance,and repair of release detection
equipment permanently located on-site must be maintained for at least one year after the servicing
work is completed,or for another reasonable time period determined by the Director.Any schedules
of required calibration and maintenance provided by the release detection equipment manufacturer
• must be retained for 5 years from the date of installation.
34
(d) Notwithstanding the above, to be eligible for the Fund,persons may be required to
maintain the above or other records in accordance with Fund requirements.
• Section 2-5 Out of Service UST Systems and Closure
2-5-1 Temporary closure.
(a) When an UST system is temporarily closed, owners/operators must continue
operation and maintenance of corrosion protection in accordance with section 2-3-2,and any release
detection in accordance with section 2-4. Articles 4 and 5 must be complied with if a release is
suspected or confirmed. However, release detection is not required as long as the UST system is
empty.The UST system is empty when all materials have been removed using commonly employed
practices so that no more than 2.5 centimeters(one inch)of residue,or 0.3 percent by weight of the
total capacity of the UST system, remain in the system.
(b) When an UST system is temporarily closed for 3 months or more, owners/operators
must also comply with the following requirements:
(1) Leave vent lines open and functioning; and
(2) Cap and secure all other lines, pumps, manways, and ancillary equipment.
(c) When an UST system is temporarily closed for more than 12 months,
• owners/operators must permanently close the UST system if it does not meet either performance
standards in section 2-2-8 for new UST systems or the upgrading requirements in section 2-2-9,
except that the spill and overfill equipment requirements do not have to be met. Owners/operators
must permanently close the substandard UST systems at the end of this 12-month period in
accordance with sections 2-5-2 to 2-5-5,unless the Director provides a written extension of the 12-
month temporary closure period. Owners/operators must complete a site assessment in accordance
with section 2-5-3 before such an extension can be applied for.
2-5-2 Permanent closure and changes-in-service.
(a) At least 10 days before beginning either permanent closure or a change-in-service
under paragraphs(b)and(c)of this section,owners/operators must notify the Director of their intent
to permanently close or make the change-in-service, unless such action is in response to corrective
action.The required assessment of the excavation zone under section 2-5-3 must be performed after
notifying the Director, but before completion of the permanent closure or a change-in-service.
(b) To permanently close a tank,owner/operators must empty and clean it by removing
all liquids and accumulated sludges. All tanks taken out of service permanently must also be either
removed from the ground or filled with an inert solid material.
(c) Continued use of an UST system to store a non-regulated substance is considered a
change-in-service. Before a change-in-service, owners/operators must empty and clean the tank by
• removing all liquid and accumulated sludge and conduct a site assessment in accordance with section
2-5-3.
35
[Note: The following cleaning and closure procedures may be used to comply with this section:
• (A) American Petroleum Institute Recommended Practice 1604,"Removal and Disposal
of Used Underground Petroleum Storage Tanks";
(B) American Petroleum Institute Publication 2015, "Cleaning Petroleum Storage Tanks";
(C) American Petroleum Institute Recommended Practice 1631, "Interior Lining of
Underground Storage Tanks," may be used as guidance for compliance with this section; and
(D) The National Institute for Occupational Safety and Health "Criteria for a
Recommended Standard...Working in Confined Space"may be used as guidance for conducting safe
closure procedures at some hazardous substance tanks.]
2-5-3 Assessing the site at closure or change-in-service.
(a) Before permanent closure or a change-in-service is completed,owners/operators must
measure for the presence of a release where contamination is most likely to be present at the UST
site, as specified in Article 5. The requirements of this section are satisfied if one of the external
release detection methods allowed in section 2-4-4(e) or (f) is operating in accordance with the
requirements in section 2-4-4 at the time of closure, and indicates no release has occurred.
• (b) If contaminated soils,contaminated groundwater,or free product as a liquid or vapor
is discovered under paragraph (a) of this section, or by any other manner, owners/operators must
begin corrective action in accordance with Article 5.
2-5-4 Applicability to previously closed UST systems.
When directed by the Director, the owner/operator of an UST system permanently closed before
December 22, 1988 must assess the excavation zone and close the UST system in accordance with
this section if releases from the UST may,in the judgment of the Director,pose a current or potential
threat to human health and the environment.
2-5-5 Closure records.
Owners/operators must maintain records in accordance with section 2-3-5 that are capable of
demonstrating compliance with closure requirements under this section.The results of the excavation
zone assessment required in section 2-5-3 must be maintained for at least 3 years after completion of
permanent closure or change-in-service in one of the following ways:
(a) By the owners/operators who took the UST system out of service;
(b) By the current owners/operators of the UST system site; or
• (c) By mailing these records to the Director if they cannot be maintained at the closed
facility.
36
[Note,all applicants to the Fund may be required to maintain closure records until reimbursement is
• complete.]
ARTICLE 3 ABOVEGROUND STORAGE TANKS
Section 3-1 Applicability
(a) All provisions in these regulations apply to all petroleum AST systems unless
specifically restricted to a specific system. Aside from meeting these regulatory requirements, all
AST systems must meet local fire district rules, zoning rules, and requirements of other authorities
having jurisdiction over AST systems. It will be the owner/operator's responsibility to ensure
compliance with all such requirements.
(b) In addition to exclusions listed in C.R.S. §8-20.5-101(2),the following ASTs or AST
systems are excluded from these regulations:
(1) Any AST whose capacity is greater than 39,999 gallons or less than 660 gallons.
(2) Any AST system that contains a de minimis concentration of petroleum products.
(3) Any AST systems containing radioactive material that are regulated under the Atomic
• Energy Act;
(4) Any AST system that is part of an emergency generator system at nuclear power
generation facilities;
(5) AST's used to store liquefied petroleum gases that are not liquid at standard
temperature and pressure.
(6) AST's used to store liquids whose fluidity is less than that of 300 penetration asphalt
when tested in accordance with ASTM D 5.
Section 3-2 Installation and Registration
3-2-1 Application for Permit for AST's.
(a) An application must be submitted to and approved by the Director,before beginning
construction on any new petroleum AST system at a particular facility; or before beginning
construction on any existing petroleum AST system at a facility that is being upgraded to the
standards described in these regulations.
(b) The application must include:
• (I) Site Plan-A dimensioned drawing of the facility, showing the name and address of
the facility, the location of existing tanks and piping that will remain at the facility, as well as new
37
tanks and piping proposed in the application,the location of dispensers and buildings at the facility,
the location of loading/unloading facilities, the location of guard posts and fences, the location of
• property lines, and the location and names of streets adjacent to the facility; and
(2) A written application,using the form supplied by the Director,containing information
about the proposed construction as follows:
(A) Method to be used to prevent releases of petroleum due to corrosion of the AST
system; including any piping that will be exposed to an electrolyte, and that will routinely contain
petroleum;
(B) Method to be used to prevent overfilling the AST;
(C) Method to be used to prevent spills during transfer operations;
(D) Leak detection method that will be used;
(E) Type of pumping system or method that will be used for dispensing the AST contents;
(F) Type of in-line leak detector to be used, if a pressurized piping system is to be used;
(G) Size and type of existing tanks and pipelines that will continue in use at the facility;
• (H) Size and type of tanks and pipelines to be installed;
(I) Method to be used to prevent flotation of the tank and to protect it from periodic
flooding;
Q) Regulated substances to be stored in the tanks at the facility;
(K) Name and address of the facility;
(L) Name and address of the owner of the AST system;
(M) Description of the Vapor Recovery System to be used at the facility if such is
required;
(N) The name of the fire protection district that will be providing fire protection for this
facility. If the facility is not located in any fire protection district,that fact must be communicated to
the Director;
(O) The method of secondary containment to be used for each tank installed or upgraded;
(P) Whether the tank will be of the horizontal or vertical type; and
•
38
(Q) Certification that the spill prevention, spill control, and spill countermeasures plan
(SPCC Plan)required by section 3-6 of these regulations will be implemented within 6 months after
• construction of the facility,or certification stating why the facility does not require an SPCC Plan.
3-2-2 AST Facility Inspections Required.
(a) Except in emergencies, if underground piping will be replaced or added to the AST
system, the Director must be notified at least 48 hours prior to beginning the air pressure/soap
solution test of the piping in order that an inspection of the system may be scheduled at that time.
Emergency situations will be dealt with individually by the Director; possibly by delegation of the
inspection.
(b) The Director will make an inspection of the AST system, to verify that the facility
was constructed according to plan. This inspection will be as detailed as practicable;but does not
exempt the owner/operator from certifying that the installation was made according to all the
requirements of these regulations.
3-2-3 Denial or Revocation of Permit.
(a) An AST permit application may be denied or revoked if the AST installation or
operation is not in conformance with these AST regulations or is not in conformance with all
applicable sections of the National Fire Protection Association codes.
• (b) An AST permit may be denied or revoked if the AST permit application is not
complete or is determined to be inaccurate.
(c) An AST permit may be revoked if the AST installation or operation is not in
conformance with the NFPA Codes in effect at the time of installation, and may be revoked for
misrepresentation of facts in the application.
(d) An AST permit may be revoked if an inspection by the Director reveals that the
construction performed is not in accordance with the installation plan submitted for approval; and
may be revoked for failure to meet the operating or fire safety rules established by these regulations
or established by the various provisions of the NFPA Codes that apply to the AST facility.
(e) An AST system permit is automatically revoked six months after the date of issue
unless the Director grants an extension in writing.
(f) Six months or later, after an AST permit is issued, the permit may be modified by
subsequent statutory or regulatory changes.
3-2-4 Access to Premises and Records.
The Director shall have authority to enter in or upon the premises of any facility that contains an
AST system containing petroleum, for the purpose of verifying that such AST system and its'
• required records are in compliance with these regulations.
39
3-2-5 Registration and Notification for AST's.
• (a) AST Registration Required.
All ASTs and facility data must be registered, re-registered or updated on a form provided by the
Director, regardless of whether the ASTs and facilities are currently in service or out of service,
according to the following provisions:
(1) The registration form must be filled out as completely as possible by the
owner/operator of the AST; and must include each tank owned or operated at the facility.
(2) Owners/operators may provide notice for several tanks at a single facility using one
notification form,but owners/operators who own or operate tanks located at more than one facility
must file a separate notification form for each separate facility.
(b) Registration Timing.
Each owner/operator of an AST must register each AST with the Director as follows:
(1) By July 1, 1993 if the tanks were not registered previously; and
(2) Within 30 days after the first day on which any AST is actually used to contain
petroleum; and
• (3) This registration information must be updated within 60 days after any additional tank
construction, tank destruction, or AST system upgrading has been completed at the facility
concerned.
(c) Registration Fee Required.
The owner/operator is required to pay an annual registration fee in the amount allowed by the current
state law for each regulated tank owned or operated,until the regulated AST is permanently closed as
in section 3-4-7(c)or until the owner/operator has instituted a change-in-service to a substance other
than petroleum as in section 3-4-7(d).
(d) Tank Vendor Responsibility.
After September 30, 1994, any person who sells a tank,intended to be used as an AST must notify
the purchaser of such tank of the purchaser's registration and registration fee obligations under
section 3-2-5 these regulations.
Section 3-3 Performance Standards for ASTs
3-3-1 Definitions.
• For the purposes of this section 3-3 the following definitions shall apply:
40
(a) COMBUSTIBLE LIQUID-A liquid having a flash point at or above 100°Fahrenheit
(37.8°C). Combustible Liquids are subdivided as follows:
• (1) CLASS II liquids have a flash point at or above 100°F.(37.8°C) and below
I40°F.(60°C).
(2) CLASS IIIA liquids have a flash point at or above 140°F.(60°C) and below
200°F.(93°C).
(3) CLASS IIIB liquids have a flash point at or above 200°F.(93°C).
(b) FLAMMABLE LIQUID-A liquid having a flash point below 100°Fahrenheit(37.8°
Centigrade) and having a vapor pressure not exceeding 40 psia(2068 mm Hg) at 100°F.(37.8°C)is
known as a Class I liquid. Class I liquids are subdivided as follows:
(1) CLASS IA liquids have a flash point below 73"F.(22.8°C)and a boiling point below
100°F.(37.8°C).
(2) CLASS IB liquids have a flash point below 73°F.(22.8°C) and a boiling point at or
above 100°F.(37.8°C).
(3) CLASS IC liquids have a flash point at or above 73c1.(22.8°C) and below
100°F.(37.8°C).
• (c) LIQUID - is any material that has a fluidity greater than that of 300 penetration
asphalt when tested in accordance with ASTM D 5, Test for Penetration for Bituminous Materials.
When not otherwise identified,the term"liquid"shall mean both flammable and combustible liquids.
[Note 1: Class I flammable liquids include all grades of Gasoline, and most motor fuels blended
using alcohol and MTBE (methyl-tert-butyl-ether).]
[Note 2: Class II combustible liquids include #1 and #2 Diesel Fuels, #1 and #2 Heating Oil,
Kerosene, and Jet-A grade Jet fuel.]
[Note 3: Class III combustible liquids include most Lubricating Oils, and Heavy Fuel oils.]
3-3-2 Design and Construction of Tanks.
All tanks shall be designed and built in accordance with recognized good engineering standards for
the material of construction being used and shall be of steel or approved noncombustible material,
with the following limitations and exceptions:
(a) The material of tank construction shall be compatible with the liquid to be stored.In
case of doubt about the properties of the liquid to be stored,the supplier,producer of the liquid, or
other competent authority shall be consulted.
(b) Tanks constructed of combustible materials shall be subject to the approval of the
• Director and limited to:
41
(1) Use where required by the properties of the liquid stored, or
• (2) Storage of Class IIIB liquids aboveground in areas not exposed to spill or leak of
Class I or Class II liquid, or
(3) Storage of Class IIIB liquids inside a building protected by an approved automatic fire
extinguishing system.
(c) Atmospheric tanks shall not be used for the storage of a liquid at a temperature at or
above its boiling point. Atmospheric tanks shall be labeled and shall be built, installed, and used
within the scope of a nationally recognized construction standard; such as U.L. 142,or API Standard
650, or an equivalent standard.
(d) Secondary Containment Tanks may be installed without special drainage or diking if
they are constructed to meet all the following requirements:
(I) The capacity of the tank shall not exceed 12,000 gallons; and
(2) All piping connections to the tank are made above the normal maximum liquid level;
and
(3) Means are provided to prevent the release of liquid from the tank by siphon flow; and
• (4) The outer tank must contain a release from any portion of the inner tank within the
outer wall; and
(5) For ASTs installed after September 30, 1994,spacing between adjacent tanks shall be
not less than three(3) feet (0.9 M); and
(6) Tanks must be protected from collisions as described in section 3-3-3; and
(7) The system must prevent spills by either:
(A) A check valve and a shutoff valve with a quick-connect coupling or a dry-break valve
which is installed in the piping at a point where connection and disconnection is made for delivery
from the vehicle to any AST; or
(B) If the delivery hose is connected directly to the tank, the fill line at the tank shall be
equipped with a tight-fill device for connecting the hose to the tank to prevent or contain any spill at
the fill opening during delivery operations; and
(8) All ASTs installed at service stations after September 30, 1994 must prevent overfills
by means of equipment that will shut off liquid flow to the tank when the liquid level in the tank
reaches 95%of capacity or sound an audible alarm when the liquid level in the tank reaches 90%of
capacity.
•
42
(e) For bulk plants only,ASTs which are connected by piping to an UST before October
1, 1994,may continue to be so connected only if equipped with a positive approved shutoff overfill
• protection device,the UST meets all UST operating requirements,and the transfer of the product is
visually monitored. No other ASTs may be connected by piping to an UST.
3-3-3 Security.
(1) Where tanks are supported above the foundations,tank supports shall be installed on
firm foundations. Steel supports or exposed piling supports for tanks storing Class I,Class II,or Class
IIIA liquids shall be protected by materials having a fire resistance rating of not less than 2 hours.
(2) Every tank shall be so supported as to prevent the excessive concentration of loads on
the supporting portion of the tank shell.
(3) The area within the fence (if applicable) and within any dike shall be kept free of
vegetation,debris,and any other material that is not necessary to the proper operation of the tank and
piping system.
(4) After December 22, 1996, tanks where fuel is dispensed into vehicles shall be
protected against vehicular collision by suitable barriers,which may include buildings and open space
which the Director approves in writing.
(5) Tanks installed after September 30, 1994 that are not enclosed in vaults shall be
enclosed with a chain link fence at least 6 ft(2 m)high. The fence shall be separated from the tanks
by at least 10 ft (3 m) and shall have a gate that is properly secured against unauthorized entry.
(Exception: Tanks are not required to be enclosed within a fence if the property on which the tanks
are located already has a perimeter security fence.)
(1) For AST systems installed after September 30, 1994, at least one emergency
personnel exit must be included in the chain link fence mentioned in subsection (e) above.
(2) For ASTs installed after September 30, 1994, tank supports and foundations shall
be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion
in any part of the tank.
3-3-4 Location and Installation of Propane ASTs.
(a) The minimum horizontal separation between an LP-Gas container and a Class I,Class
II or Class IIIA liquid storage tank installed after September 30, 1994 shall be 20 ft(6 m),except in
the case of a Class I, Class II, or Class IIIA liquid tank operating at pressures exceeding 2.5 psig
(17.2 kPa) or equipped with emergency venting that will permit pressures to exceed 2.5 psig(17.2
kPa),in which case the provisions of section 3-3-8(f) shall apply. When flammable or combustible
liquids storage tanks are within a diked area, the LP-Gas containers shall be outside the diked area
and at least 10 ft(3 m) away from the centerline of the wall of the diked area.For all tanks, suitable
• measures shall be taken to prevent the accumulation of Class I, Class I1, or Class IIIA liquids under
adjacent LP-Gas containers such as by dikes, diversion curbs, or grading.
43
(b) Subsection (a) shall not apply when LP-Gas containers of 125 gal (475 L) or less
• capacity are installed adjacent to fuel oil supply tanks of 660 gal (2498 L) or less capacity. No
horizontal separation is required between aboveground LP-Gas containers and underground
flammable and combustible liquids tanks installed in accordance with UST rules.
3-3-5 Location and Installation of ASTs at Service Stations.
After September 30, 1994, new ASTs may only be installed at service stations if they meet all the
general requirements for ASTs,and the service station requirements of this section.After December
22, 1996, tanks designed and built for underground use shall not be used as ASTs. All of the
provisions in this section also apply to marine service stations and airport service stations.
(a) For ASTs installed after September 30, 1994,tanks storing Class I and II liquids at an
individual site shall be limited to a maximum individual capacity of 12,000 gallons' and an aggregate
capacity of 39,999 gallons.
(b) For ASTs installed after September 30, 1994, tanks shall be located at least:
(1) 50 ft (15 m) from the nearest important building on the same property; and
(2) 50 ft (15 m) from any fuel dispenser; except that for secondary containment tanks,
"fire resistant" tanks or tanks installed in a vault,the distance requirement from tank to dispenser is
waived; provided that all tanks, pipes and dispensers are satisfactorily protected from vehicular
traffic; and
(3) 50 ft (15 m) from the nearest side of a public way; and
(4) 100 ft (30 m) from any property line that is or can be built upon, including the
opposite side of a public way.
Exception: All distances may be reduced by 50 percent iftanks are fire resistant tanks or installed in
a vault.
Note nominal tank capacity may slightly exceed 12,000 gallons due to
manufacturing procedures.
•
44
3-3-6 Location and Installation of Governmental,Industrial and Commercial AST Facilities.
• AST installations are permitted at commercial,industrial,governmental,and manufacturing facilities
whose ASTs are used only for fueling vehicles used in connection with their business,but only under
one of the following two conditions:
(a) If the AST system meets all service station requirements, including spacing
requirements it can operate under the service station gallonage allowances; or
(b)(1) The facility has been inspected and approved by the Director; and
(2) No more than two (2) ASTs are in service at the facility; and
(3) No AST at the facility has a capacity greater than 6,000 U.S. gallons; and
(4) There is not more than one (I) tank at the facility containing gasoline; and
(5) The spacing requirements of table 3-6 in these regulations are met.
3-3-7 Location and Installation of Unattended Cardlock Systems.
(a) Unattended operation of cardlock systems with ASTs will be permitted only under the
following conditions:
• (1) Tanks shall be located at least:
(A) 50 ft (15 m) from the nearest important building on the same property; and
(B) 50 ft (15 m) from any fuel dispenser; except that for secondary containment tanks,
"fire resistant" tanks having a 2 hour or more fire rating or tanks installed in a vault, the distance
requirement from tank to dispenser is waived; provided that all tanks, pipes and dispensers are
satisfactorily protected from vehicular traffic; and
(C) 50 ft(15 m) from the nearest side of a public way; and
(D) 100 ft (30 m) from any property line that is or can be built upon, including the
opposite side of a public way.
Exception: All distances may be reduced by 50 percent if tanks are fire resistant tanks or installed in
a vault; and
(2) Any AST dispensers installed after September 30, 1994 must be separated from the
tank enclosure by a fence or similar barrier.
(3) The facility has been inspected and approved for unattended operation by the
• Director.
45
(b) With respect to bulk plants,governmental,industrial,and commercial facilities where
only proprietary cards specific to the cardlock system in question are allowed:
• (1) Cardlock systems installed before October 1, 1994 do not need to meet the distance
requirements above.
(2) Cardlock systems installed on October 1, 1994 or thereafter must meet the 50 ft
distance requirement for dispensers as well as any other distances the Director deems reasonable.
3-3-8 Location and Installation of ASTs at Bulk Plants.
The following provisions apply only to bulk plants:
(a) Every AST which is installed after September 30, 1994 and used for the storage of
Class I,Class II,or Class IIIA liquids(except as provided in section 3-3-8(c),and those liquids with
boil-over characteristics and unstable liquids,operating at pressures not in excess of 2.5 psig(I7.2
kPa)and designed with a weak roof-to-shell seam,or equipped with emergency venting devices that
will not permit pressures to exceed 2.5 psig(17.2 kPa),shall be located in accordance with Table 3-I
in these regulations.Where tank spacing is contingent on a weak roof-to-shell seam design,the user
shall present evidence certifying such construction to the Director,upon request.
(b) Every AST which is installed after September 30, 1994 and used for the storage of
Class I,Class II,or Class IIIA liquids,except those liquids with boil-over characteristics and unstable
liquids, operating at pressures exceeding 2.5 psig (17.2 kPa) or equipped with emergency venting
• that will permit pressures to exceed 2.5 psig(17.2 kPa),shall be located in accordance with Table 3-
2.
(c) Every AST which is installed after September 30, 1994 and used for the storage of
liquids with boil-over characteristics shall be located in accordance with Table 3-3 of these
regulations. Liquids with boil-over characteristics shall not be stored in fixed roof tanks larger than
150 ft(45.7 m) in diameter, unless an approved inerting system is provided on the tank.
(d) Every AST which is installed after September 30, 1994 and used for the storage of
unstable liquids shall be located in accordance with Table 3-4 of these regulations.
(e) Every AST which is installed after September 30, 1994 and used for the storage of
Class IIIB liquids,excluding unstable liquids,shall be located in accordance with Table 3-5 of these
regulations, except when located within a diked area or drainage path for a tank(s) storing a Class I
or Class II liquid. When a Class IIIB liquid storage tank is within the diked area or drainage path for
a Class I or Class 11 liquid, AST.31.3(b), (c), or(d) shall apply.
(f) Spacing (Shell-to-Shell) between Any Two Adjacent ASTs, where one AST is
installed after September 30, 1994, with tanks storing Class I, II, or IIIA stable liquids shall be
separated in accordance with Table 3-7 in these regulations. For unstable liquids, the distance
between tanks shall not be less than one-half the sum of their diameters.
•
46
Table 3-I STABLE LIQUIDS[Operating Pressure 2.5 psig(17.2kPa)or Less]
• Type of Tank Protection Minimum distance in Feet Minimum distance in Feet
from property line that is from nearest side of any
or can be built upon, public way or from nearest
including the opposite side important building on the
of a public way and shall same property and shall be
be not less than 5 ft. not less than 5 ft.
Floating Roof Protection for exposures 'h times diameter of tank 1/6 times diameter of tank
None Diameter of tank 1/6 times diameter of tank
Vertical with weak roof-to- Approved foam or inerting 1/2 times diameter of tank 1/6 times diameter of tank
shell seam system
Protection for exposures Diameter of tank %times diameter of tank
None 2 times diameter of tank %times diameter of tank
Horizontal and vertical tanks Approved foam or inerting '/times Table 3-6 '/ times Table 3-6
with emergency relief system
venting to limit pressure to
2.5 psig Protection for exposures Table 3-6 Table 3-6
None 2 times Table 3-6 Table 3-6
Table 3-2 Stable Liquids[Operating Pressure Greater than 15 psig(17.2 kPa)]
Type of Tank Protection Minimum Distance in Feet Minimum Distance in Feet
• from Property Line that Is from Nearest Public Way
or Can Be Built Upon, or Nearest Important
Including the Opposite Building on the same
Side of a Public Way Property
Any Type Protection for Exposures 1'/times Table 3-6 but not 11/2 times Table 3-6 but not
less than 25 feet less than 25 feet
Any Type None 3 times Table 3-6 but not 1'%times Table 3-6 but not
less than 50 feet less than 25 feet
Table 3-3 Boil-Over Liquids
Type of Tank Protection Minimum distance in Feet Minimum distance in Feet
from property line that is from nearest side of any
or can be built upon, public way or from nearest
including the opposite side important building on the
of a public way and shall same property and shall be
be not less than 5 ft. not less than 5 ft.
Floating Roof Protection for exposures % times diameter of tank 1/6 times diameter of tank
None Diameter of tank 1/6 times diameter of tank
Fixed Roof Approved foam or inerting Diameter of tank %times diameter of tank
system
• Protection for exposures 2 times diameter of tank %times diameter of tank
None 4 times diameter of tank %times diameter of tank
47
Table 3-4 Unstable Liquids
• Type of Tank Protection Minimum distance in Feet Minimum distance in Feet
from property line that is from nearest side of any
or can be built upon, public way or from nearest
including the opposite side important building on the
of a public way same property
Horizontal and vertical tanks Tank protected with any one Table 3-6 but not less than Not less than 25 ft
with emergency relief of the following:approved 25 ft
venting to permit pressure water spray,approved
not in excess of 2.5 psig inerting,approved insulation
and refrigeration,approved
barricade
Protection for exposures 2/Table 3-6 but not less Not less than 50 ft
than 50 ft
None 5 times Table 3-6 but not Not less than 100 ft
less than 100 ft
Horizontal and vertical tanks Tank protected with any one 2 times Table 3-6 but not Not less than 50 ft
with emergency relief of the following: approved less than 50 ft
venting to permit pressure water spray,approved
over 2.5 psig inerting,approved insulation
and refrigeration,approved
barricade
Protection for exposures 4 times Table 3-6 but not Not less than 100 ft
less than 100 ft
• None 8 times Table 3-6 but not Not less than 150 ft
less than 150 ft
Table 3-5 Class 11IB Liquids
Capacity Gallons Minimum distance in Feet from Minimum distance in Feet from
property line that is or can be built nearest side of any public way or
upon,including the opposite side of a from nearest important building on
public way the same property
12,000 or less 5 5
12,001 to 30,000 10 5
30,001 to 39,999 10 10
Table 3-6 Reference Table for Use in Tables 3-1 to 3-4
Capacity Tank Gallons Minimum distance in Feet from Minimum distance in Feet from
property line that is or can be built nearest side of any public way or from
upon,including the opposite side of a nearest important building on the
public way same property
660-750 10 5
751 - 12,000 15 5
• 12,001 to 30,000 20 5
30,001 to 39,999 30 10
48
• Table 3-7 Minimum Tank Spacing[Shell-to-Shell]
Floating Roof Tanks Fixed or Horizontal Tanks
Class I or II Liquids Class ILIA Liquids
All tanks not over 1/6 sum of adjacent tank 1/6 sum of adjacent tank 1/6 sum of adjacent tank
150 ft in diameter diameters but not less than 3 ft diameters but not less than 3 ft diameters but not less than 3
ft
3-3-9 Location and Installation of ASTs in Vaults.
The provisions in this section apply only to ASTs installed after September 30, 1994.
(a) There shall be no openings in the vault enclosure except those necessary for access to,
inspection of,and filling,emptying,and venting of the tank.The walls and floor of the vault shall be
constructed of reinforced concrete at least 6 inches (15 cm) thick. The top shall be constructed of
non-combustible material constructed to be weaker than the walls. The top, floor, and tank
foundation shall be designed to withstand the anticipated loading. The vault shall be substantially
liquid tight(able to contain the product for enough time until any release therein can be cleaned up)
and there shall be no backfill material around the tank. There shall be sufficient space between the
tank and vault to allow for inspection of the tank and its appurtenances.
• (b) Each vault and its tank shall be suitably anchored to withstand uplifting by
groundwater or flooding, including when the tank is empty.
(c) A vault shall be designed to be wind and earthquake resistant, in accordance with
good engineering practice.The vault shall be resistant to damage from the impact of a motor vehicle,
or suitable collision barriers shall be provided.
(d) Each tank shall be in its own vault. Adjacent vaults may share a common wall.
(e) Connections shall be provided to permit venting of each vault to dilute,disperse,and
remove any vapors prior to personnel entering the vault.
(f) Vaults that contain tanks of Class I liquids shall be provided with continuous
ventilation at a rate of not less than 1 cubic foot per minute per square foot of floor area(.3m3/min-
m3),but not less than 150 cfin (4m3/min). Failure of the exhaust air flow shall automatically shut
down the dispensing system.The exhaust system shall be designed to provide air movement across
all parts of the vault floor. Supply and exhaust ducts shall extend to within 3 in. (7.6 cm), but not
more than 12 in.(30.5 cm),of the floor.The exhaust system shall be installed in accordance with the
provisions ofNFPA 91,Standard for Exhaust Systems for Air Conveying of Materials. Means shall
be provided to automatically detect any flammable vapors and to automatically shut down the
dispensing system upon detection of such flammable vapors in the exhaust duct at a concentration of
• 25 percent of the lower flammable limit.
49
(g) Each vault shall be equipped with a detection system capable of detecting liquids,
including water, and of activating an alarm.
• (h) Means shall be provided to recover liquid from the vault. If a pump is used to meet
this requirement,the pump shall not be permanently installed in the vault.Electric powered portable
pumps shall be suitable for use in Class I, Division 1 locations, as defined in NFPA 70,National
Electrical Code.
(i) Vent pipes that are provided for normal tank venting shall terminate at least 12 feet
(3.6m) above ground level.
(j) Emergency vents shall be vapor tight and shall be permitted to discharge inside the
vault. Long-bolt manhole covers shall not be permitted for this purpose.
(k) Each vault shall be provided with a means for personnel entry.At each entry point,a
warning sign indicating the need for procedures for safe entry into confined spaces shall be posted.
Each entry point shall be secured against unauthorized entry and vandalism.
(1) Each vault shall be provided with a suitable means to admit a fire suppression agent.
(m) The interior of any vault containing a tank that stores a Class I liquid shall be
designated a Class I, Division 1 location, as defined in NFPA 70,National Electrical Code.
• 3-3-10 Normal Venting.
(a) Atmospheric tanks shall be adequately vented to prevent the development of vacuum
or pressure sufficient to distort or damage the tank; and to prevent exceeding the design pressure,as
a result of filling or emptying the tank, or of atmospheric temperature changes.
(b) For ASTs installed after September 30, 1994, normal vents shall be sized in
accordance with either:
(1) American Petroleum Institute Standard No. 2000, Venting Atmospheric and Low-
Pressure Storage Tanks, or another accepted standard; or
(2) shall be at least as large as the filling or withdrawal connection,whichever is larger,
but in no case less than 1 1/4 in. (3 cm)nominal inside diameter.
(c) If any AST installed after September 30, 1994 has more than one fill or withdrawal
connection and simultaneous filling or withdrawal can be made,the vent size shall be based on the
maximum anticipated simultaneous flow.
(d) Normal vent lines must be of sufficient capacity to ensure that no fuel drop will cause
the pressure inside the tank to exceed the test pressure(normally 3 psig).Except for tanks containing
Class III liquids,a spark arrester cap is required at the end of the vent line and it must be located "in
• the clear" and at least 12 feet above ground level.
50
(e) Adequate ventilation either natural or forced must exist to guarantee that flammable
liquid vapors cannot build up to 25% of the lower flammable limit anywhere, because of the
• presence of the tank facility in question.
3-3-11 Emergency Relief Venting.
The provisions in this section apply to all ASTs existing after December 22, 1996.
(a) Every AST shall have some form of construction or device that will relieve excessive
internal pressure caused by exposure fires;
Exception: Tanks larger than 12,000 gallons capacity storing Class IIIB liquids do not require
emergency relief venting unless they are within the diked area or the drainage path of Class I or
Class II liquids.
(b) In a vertical tank,the construction referred to in section 3-3-10(a)may take the form
of a floating roof, lifter roof, a weak roof-to-shell seam, or other approved pressure-relieving
construction.The weak roof-to-shell seam shall be constructed to fail preferential to any other seam.
Design methods that will provide a weak roof-to-shell seam construction are contained in API 650,
Welded Steel Tanks for Oil Storage, and U.L. 142, Standard for Steel Aboveground Tanks for
Flammable and Combustible Liquids.
(c) Where entire dependence for emergency relief is placed upon pressure-relieving
• devices, the total venting capacity of both normal and emergency vents shall be enough to prevent
rupture of the shell or bottom of the tank if vertical, or of the shell or heads if horizontal.If unstable
liquids are stored, the effects of heat or gas resulting from polymerization, decomposition,
condensation, or self-reactivity shall be taken into account.
The total capacity of both normal and emergency venting devices shall be not less than that derived
from Table 3-8 of these regulations except as provided in subsections(e)and(t)below. Such device
may be a self-closing manhole cover, or one using long bolts that permit the cover to lift under
internal pressure,or an additional or larger relief valve or valves.The wetted area of the tank shall be
calculated on the basis of 55 percent of the total exposed area of a sphere or spheroid, 75 percent of
the total exposed area of a horizontal tank, and the first 30 ft(9m)above grade of the exposed shell
area of a vertical tank.
(d) For tanks and storage vessels designed for pressures over 1 psig(6.9 kPa), the total
rate of venting shall be determined in accordance with Table 3-8 in these regulations, except that
when the exposed wetted area of the surface is greater than 2,800 sq ft (260 m2), the total rate of
venting shall be in accordance with Table 3-9 in these regulations, or calculated by the following
formula:
CFH = 1,107 A°'82
Where:
• CFH =venting requirement, in cubic feet of free air per hour; and
51
A = exposed wetted surface, in square feet
Q= the total heat input per hour expressed in BTU
• The foregoing formula is based on Q= 21,000 A°82
(e) The total emergency relief venting capacity for any specific stable liquid can be
determined by the following formula:
Cubic feet of free air per hour = V * 1,337
L * Mv2
Where:
V = cubic feet of free air per hour as derived from Table 3-8
L= latent heat of vaporization of specific liquid in Btu/pound
M = molecular weight of specific liquids
(f) For tanks containing stable liquids,the required airflow rate of subsections(c)or(e)
may be multiplied by 0.3 when protection is provided by water spray in accordance with the current
version of NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection, or when
protection is provided by insulation systems which meet the following performance criteria:
(1) Will remain in place under fire exposure conditions.
(2) Will withstand dislodgment when subjected to hose stream impingement during fire
exposure. This requirement may be waived where use of solid hose streams is not contemplated or
would not be practical.
(3) Will maintain a maximum conductance value of 4.0 Btu per hour per square foot per
degree Fahrenheit (Btu/hr/sq ft/F) when the outer insulation jacket or cover is at a temperature of
1,660°F(904.4°C)and when the mean temperature of the insulation exceeds 1,000°F(537.8°C).;and
the required airflow rate may be multiplied by 0.15 when protection is provided by both water spray
as in this section and by drainage to a remote impounding area as in section 3-4-2 of these
regulations.
(g) The outlet of all vents and vent drains on tanks equipped with emergency venting to
permit pressures exceeding 2.5 psig (17.2 kPa) shall be arranged to discharge in such a way as to
prevent localized overheating of or flame impingement on any part of the tank,in the event vapors
from such vents are ignited.
(h) Each commercial tank venting device shall have stamped on it the opening pressure,
the pressure at which the valve reaches the full open position, and the flow capacity at the latter
pressure. If the start to open pressure is less than 2.5 psig(17.2 kPa) and the pressure at full open
position is greater than 2.5 psig (17.2 kPa), the flow capacity at 2.5 psig (17.2 kPa) shall also be
stamped on the venting device. The flow capacity shall be expressed in cubic feet per hour of air at
60°F (15.6°C) and 14.7 psia (760 mm Hg).
52
(1) The flow capacity of tank venting devices under 8 in. (20 cm)in nominal pipe size
shall be determined by actual test of each type and size of vent.These flow tests maybe conducted
• by the manufacturer if certified by a qualified,impartial observer or may be conducted by a qualified,
impartial outside agency.The flow capacity of tank venting devices 8 in.(20 cm)nominal pipe size
and larger,including manhole covers with long bolts or equivalent,may be calculated provided that
the opening pressure is actually measured,the rated pressure and corresponding free orifice area are
stated, the word "calculated" appears on the nameplate, and the computation is based on a flow
coefficient of 0.5 applied to the rated orifice area.
(2) A suitable formula for this calculation is: CFH = 1,667*Cf*A*(Pt-Pa)I/2
where:
CFH =venting requirement in cubic feet of free air per hour
Cr= 0.5 [the flow coefficient]
A = the orifice area in sq in.
P,= the absolute pressure inside the tank in inches of water
Pa= the absolute atmospheric pressure outside the tank in inches of water.
Table 3-8 Wetted Area Versus Cubic Feet Free Air Per Hour
[14.7 psia and 60E F (101.3 kPa and 15.6EC)
Sq. Feet CFH Sq. Feet CFH Sq. Feet CFH Sq. Feet CFH
• 20 21,100 100 105,000 350 288,000 1,200 557,000
30 31,600 120 126,000 400 312,000 1,400 587,000
40 42,100 140 147,000 500 354,000 1,600 614,000
50 52,700 160 168,000 600 392,000 1,800 639,000
60 63,200 180 190,000 700 428,000 2,000 662,000
70 73,700 200 211,000 800 462,000 2,400 704,000
80 84,200 250 239,000 900 493,000 2,800 and over 742,000
90 94,800 300 265,000 1,000 524,000
Table 3-9 Wetted Area Over 2,800 Sq. Ft. and Pressures Over I psig
Sq. Feet CFH Sq. Feet CFH Sq. Feet CFH Sq. Feet CFH
2,800 742,000 5,000 1,250,000 10,000 2,110,000 35,000 5,900,000
3,000 786,000 6,000 1,390,000 15,000 2,940,000 40,000 6,570,000
• 3,500 892,000 7,000 1,570,000 20,000 3,720,000
53
Table 3-9 Wetted Area Over 2,800 Sq. Ft. and Pressures Over l psig
• 4,000 995,000 8,000 1,760,000 25,000 4,470,000
4,500 1,100,000 9,000 1,930,000 30,000 5,190,000
3-3-12 Vent Piping.
The design, fabrication, assembly, test, and inspection of all piping systems for flammable and
combustible liquids shall be in conformance with the applicable sections of ANSI B31,American
National Standard Code for Pressure Piping and installed in conformance with the following
requirements:
(a) Where vent pipe outlets for tanks storing Class I liquids are adjacent to buildings or
public ways, they shall be located so that the vapors are released at a safe point outside of buildings
and not less than 12 ft (3.6 m) above the adjacent ground level. In order to aid their dispersion,
vapors shall be discharged upward or horizontally away from closely adjacent walls. Vent outlets
shall be located so that flammable vapors will not be trapped by eaves or other obstructions and shall
be at least 5 ft(1.5 m) from building openings.
(b) The manifolding of tank vent piping shall be avoided except where required for
special purposes such as vapor recovery,vapor conservation,or air pollution control.When tank vent
piping is manifolded,pipe sizes shall be such as to discharge,within the pressure limitations of the
system,the vapors they may be required to handle when manifolded tanks are subject to the same fire
exposure.
(c) Vent piping for tanks storing Class I liquids shall not be manifolded with vent piping
for tanks storing Class II or Class III liquids unless means are provided to prevent the vapors from
Class I liquids from entering tanks storing Class II or Class III liquids,to prevent contamination and
possible change in classification of the less volatile liquid.
3-3713 Tank Openings Other than Vents
(a) Each connection to an AST through which liquid can normally flow shall be provided
with an internal or an external valve located as close as practical to the shell of the tank.
(b) Each connection below the liquid level through which liquid does not normally flow
shall be provided with a liquid tight closure.This may be a valve,plug,or blind,or a combination of
these.
(c) Openings for gauging on tanks storing Class I liquids shall be provided with a vapor
tight cap or cover. Such covers shall be closed when not gauging.
•
54
(d) Fill pipes that enter the top of a tank shall terminate within 6 in(15 cm)of the bottom
of the tank. Fill pipes shall be installed or arranged so that vibration is minimized.
• Exception:Fill pipes in tanks whose vapor space, under normal operating conditions, is not in the
flammable range need not meet this requirement.
(e) Filling and emptying connections for Class I,Class II, and Class IIIA liquids that are
made and broken shall be located outside of buildings at a location free from any source of ignition
and not less than 5 ft. (1.5 m)away from any building opening. Such connections for any liquid shall
be closed and liquid tight when not in use and shall be properly identified.
3-3-14 Installation of Tanks Inside Buildings.
Exception: Tanks storing Class IIIB liquids need not comply with these provisions.
Tanks shall not be permitted inside of buildings unless the storage of liquids in outside aboveground
or underground tanks is not practical because of government regulations,temperature considerations
or production considerations. Tanks may be permitted inside of buildings or structures only when
permitted by the Director and only under the following conditions:
(a) ASTs installed after September 30, 1994 inside buildings shall be permitted only in
areas at or above grade that have adequate drainage and are separated from other parts of the building
by construction having a fire resistance rating of at least 2 hours.Day tanks,running tanks,and surge
• tanks are permitted in process areas.Class I,Class II and Class IIIA liquids that may be heated above
their flash points shall not be stored in basements. Openings to other rooms or buildings shall be
provided with noncombustible liquid tight raised sills or ramps at least 4 in.(10 cm)in height,or the
floor in the storage area shall be at least 4 in.(10 cm)below the surrounding floor. As a minimum,
each opening shall be provided with a listed, self-closing 1 1/2-hr (B) fire door installed in
accordance with the current versions of NFPA 80, Standard for Fire Doors and Fire Windows;
NFPA 90A Standard for the Installation of Air Conditioning and Ventilating Systems, or NFPA 91,
Standard for the Installation of Blower and Exhaust Systems for Dust, Stock and Vapor Removal or
Conveying. The room shall be constructed without floor drains and with seals between walls and
floor of the room in order to contain the product in case of leakage or spillage from the tank.
(b) Each connection to a tank inside of buildings through which liquid can normally flow
shall be provided with an internal or an external valve located as close as practicable to the shell of
the tank; and connections for all tank openings shall be liquid tight.
(c) Tanks for storage of Class I or Class II liquids inside buildings shall be provided with
either:
(1) A normally closed remotely activated valve,
(2) An automatic-closing heat-activated valve, or
• (3) Another approved device on each liquid transfer connection below the liquid level,
except for connections used for emergency disposal,to provide for quick cutoff of flow in the event
55
of fire in the vicinity of the tank. This function can be incorporated in the valve required in
subsection (b) above and, if a separate valve, shall be located adjacent to the valve required in
• subsection (b).
(d) Vents for tanks inside of buildings shall be as required in sections 3-3-9,3-3-10,3-3-
11, except that emergency venting by the use of weak roof seams on tanks shall not be permitted.
Vents shall terminate outside the buildings.
(e) Vent piping shall be constructed as in section 3-3-10.
(f) Openings for manual gauging of Class I or Class II liquids,if independent of the fill
pipe, shall be provided with a vapor tight cap or cover. Openings shall be kept closed when not
gauging. Each such opening for any liquid shall be protected against liquid overflow and possible
vapor release by means of a spring-loaded check valve or other approved device. Substitutes for
manual gauging include,but are not limited to,heavy-duty flat gauge glasses,magnetic,hydraulic,or
hydrostatic remote reading devices, and sealed float gauges.
(g) The inlet of the fill pipe and the outlet of a vapor recovery line for which connections
are made and broken shall be located outside of buildings at a location free from any source of
ignition and not less than 5 ft (1.5 m) away from any building opening. Such connections shall be
closed and tight when not in use and shall be properly identified.
(h) Tanks storing Class I, Class II, and Class ILIA liquids inside buildings shall be
• equipped with a device, or other means shall be provided to prevent overflow into the building.
Suitable devices include,but are not limited to, a float valve, a preset meter on the fill line, a valve
actuated by the weight of the tank contents, a low head pump incapable of producing overflow,or a
liquid tight overflow pipe at least one pipe size larger than the fill pipe,discharging by gravity back
to the outside source of liquid or to an approved location.
(i) Tank openings provided for purposes of vapor recovery shall be protected against
possible vapor release by means of a spring-loaded check valve or dry-break connections, or other
approved device, unless the opening is pipe-connected to a vapor processing system. Openings
designed for combined fill and vapor recovery shall also be protected against vapor release unless
connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery line.
All connections shall be vapor tight.
3-3-15 Standards for Piping,Valves & Fittings.
(a) General and Suction Systems.
(1) Liquid shall not be dispensed from a tank by pressurization of the tank. Means shall
be provided to prevent the release of liquid by siphon flow.
(2) Until December,22, 1998,where a suction pump-type dispensing device is used,an
emergency shut-off valve with a shear section which will close in case of fire or collision is required.
•
56
(3) After December 22, 1998,where an AST with underground piping is at an elevation
that produces a gravity head on the dispensing device, the dispenser shall be equipped with an
• emergency shut-off valve with a shear section which will close in case of fire or collision and the
tank outlet shall be equipped with a device (such as a normally closed solenoid valve) that will
prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and
downstream of the main valve specified by section 3-3-13(a) of these regulations.The device shall
be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the
event of failure of the piping or hose when the dispenser is not in use. This device is not required if
(1)the main valve is closed during non-operating hours; or(2)there are employees on site who are
trained to close the main valve in the event of a leak;or(3)all aboveground piping is within a diked
area or properly contained and all underground piping is properly contained.
(4) After December 22, 1998, except where there is a solenoid valve and an emergency
shut-off valve with a shear section which will close in case of fire or collision (or equivalent
equipment),if a suction pump-type dispensing device is used,a listed vacuum-actuated shutoff valve
(which prevents the release of product due to a malfunction in the suction pump where the release
would be generated by head pressure from the AST) and a shear section shall be installed directly
under each dispensing device.
(Exception: Tanks installed in below-grade vaults need not comply with this requirement.)
(5) For ASTs installed after September 30, 1994, shutoff and check valves shall be
equipped with a pressure-relieving device that will relieve the pressure generated by thermal
• expansion back to the tank.
(6) Piping shall be routed so that exposure to physical damage is minimized.
(7) ASTs with underground piping must meet UST pressurized piping requirements.
Owners/operators must contact the Director before installing or repairing any underground piping.
(b) Remote Pumping Systems.
This section shall apply to systems for dispensing Class I liquids and Class II liquids where such
liquids are transferred from storage to individual or multiple dispensing devices by pumps located
other than at the dispensing devices.
(1) Pumps shall be listed and designed or equipped so that no part of the system will be
subjected to pressures above its allowable working pressure.
(2) Each pump shall have installed on the discharge side a listed leak detection device
that will provide an indication if the piping and dispensers are not essentially liquid tight.Each leak-
detecting device shall be checked and tested at least annually according to the manufacturer's
specifications.
(3) Pumps installed above grade,outside buildings,shall be located not less than 10 ft.(3
• m) from lines of adjoining property that can be built upon and not less than 5 ft.(1.5 m) from any
building opening. Pumps shall be substantially anchored and protected against physical damage.
57
(4) A listed rigidly anchored emergency shutoff valve, incorporating a fusible link or
• other thermally actuated device, designed to close automatically in event of severe impact or fire
exposure shall be installed in accordance with the manufacturer's instructions, in the supply line at
the base of each individual island-type dispenser or at the inlet of each overhead dispensing device.
An emergency shutoff valve incorporating a slip joint feature shall not be used. The automatic
closing feature of this valve shall be checked at the time of initial installation and at least once a year
thereafter by manually tripping the hold-open linkage.
(5) Any vapor return pipe inside the dispenser housing shall have a shear section or
flexible connector so that the liquid emergency shutoff valve will function as described above.
(c) Breakaway devices.
A listed emergency breakaway device designed to retain liquid on both sides of the breakaway point
shall be installed on each hose dispensing Class I liquids. Such devices are not required at marine
service stations.
3-3-16 Upgrading of AST Systems.
(a) On or before December 22, 1996,AST systems must meet the requirements of these
regulations or permanently close the tanks in accordance with these regulations. The following
requirements take effect December 22, 1996:
• (1) Each AST must be sound and have an emergency relief venting device which is
equivalent to those described in these regulations. The owner/operator is required to provide proof
that the tank meets this requirement.
(2) Secondary containment methods or devices must be provided and in regular use at the
facility as described in section 3-4-2.
(3) The facility must meet the security requirements of section 3-3-3.
(b) By December 22, 1998 certain AST systems must be equipped with a solenoid valve
or a vacuum-actuated shutoff valve, with a shear section as described in section 3-3-15.
[Note: In applying these requirements, the following quotation will be carefully considered by the
Director - "Existing plants, equipment, buildings, structures, and installations for the storage,
handling or use of flammable or combustible liquids that are not in strict compliance with the terms
of this code may be continued in use at the discretion of the Director provided they do not constitute
a recognized hazard to life or adjoining property.The existence of a situation that might result in an
explosion or sudden escalation of a fire, such as inadequate ventilation of confined spaces, lack of
adequate emergency venting of a tank, failure to fireproof the supports of elevated tanks, or lack of
drainage or dikes to control spills, may constitute such a hazard."]
•
58
Section 3-4 General Operating Requirements
• 3-4-1 Fire and Safety Standards.
(a) Any recognized real hazard to life or to adjoining property must be prevented;
(b) Fire Safety- All Facilities
(I) Warning signs incorporating the following or equivalent wording shall be
conspicuously posted in the dispenser area:
(A) WARNING: It is unlawful and dangerous to dispense gasoline into unapproved
containers; and
(B) NO SMOKING; and
(C) STOP MOTOR.
(2) Additional fire protection may be required by the Director, or by the local authority
having jurisdiction in special cases.
(3) Smoking materials, including matches and lighters, shall not be used within 20 feet
(6m)of areas used for fueling, servicing fuel systems, or receiving or dispensing of Class I liquids.
The motors of all equipment being fueled shall be shut off during the fueling operation except for
• emergency situations.
(4) Each vehicle fueling facility shall be provided with one or more listed fire
extinguishers having a minimum classification of 40B:C located so that an extinguisher will be
within 100 ft.(30m)of each pump,dispenser,and underground fill pipe opening. Such extinguisher
shall be accessible for use by the persons dispensing product during all hours fuel products are
dispensed from the facility.
(c) Fire Safety- Unattended Facilities.
The Fire Safety requirements for unattended operation include all of the measures listed in this
section as well as those in subsection (b) above. These requirements apply to any vehicle fueling
facility that uses any type of unattended self service operation including but not limited to service
stations, bulk plants, governmental facilities, and commercial facilities.
(1) Emergency controls shall be installed at a location acceptable to the Director,but the
controls shall be more than 20 feet (7m) and less than 100 feet (30m) from the dispensers.
Emergency controls shall shut off power to all dispensing devices at the station. Controls shall be
manually reset only in a manner subject to approval by the Director.
(2) Operating instructions must be conspicuously posted in the dispensing area and shall
• include the location of the emergency controls and a requirement that the user must stay outside of
his/her vehicle, in view of the fueling nozzle during the entire dispensing time period.
59
(3) Warning signs incorporating the following or equivalent wording shall be
• conspicuously posted in the dispenser area:
(A) EMERGENCY INSTRUCTIONS - In case of fire or spill:
(i) Use emergency stop button.
(ii) Report accident by calling (specify local fire department number) on the
telephone to report location;
(4) A listed automatic-closing type hose nozzle valve with latch-open device shall be
provided.The system shall include listed equipment with a feature that causes or requires the closing
of the hose nozzle valve before the product flow can be resumed or before the hose nozzle valve can
be replaced in its normal position in the dispenser.
(5) A telephone or other approved,clearly identified means to notify the fire department
shall be provided on the site in a location subject to approval by the Director.
3-4-2 Spill and Overfill Control.
(a) General Requirements.
(1) After December 22, 1996,facilities shall be provided so that any accidental discharge
• of any Class I, I1 or IIIA liquids will be prevented from endangering important facilities, and
adjoining property,or reaching waterways,as provided for in subsections(b)or(c)except that tanks
storing Class IIIB liquids do not require special drainage or diking provisions for fire protection
purposes.
(2) Owners/operators of AST's must ensure that releases due to spilling or overfilling do
not occur.The owner/operator must ensure that the volume available in the tank is greater than the
volume of product to be transferred to the tank before the transfer is made; and that the transfer
operation is monitored constantly to prevent overfilling and spilling.
(3) Spill and overfill prevention equipment is required for all ASTs installed after
September 30, 1994.Means shall be provided for determining the liquid level in each tank,and this
means shall be accessible to the delivery operator. Specifically, for all AST's installed after
September 30, 1994 at service stations,and for all secondary containment type tanks without diking
or impounding protection, the equipment shall automatically stop the delivery of liquid to the tank
when the liquid level in the tank reaches 95 percent of capacity or sound an audible alarm when the
liquid level in the tank reaches 90 percent of capacity.
(4) Delivery operations shall comply with the following requirements:
(A) The delivery vehicle shall be separated from any AST by at least 25 ft. (7.6 m) for
• class I liquids and by at least 15 ft. for class II and class III liquids, measured from the nearest fill
spout or transfer connection.
60
(B) Tank filling shall not begin until the delivery operator has determined tank ullage
• (available capacity) based on direct liquid level measurement converted to gallons or some
equivalent method. Tank ullage and the amount of the product delivered must be entered in the
facility records as per section 3-4-9(a)(7).
(C) For ASTs installed after September 30, 1994,a check valve and a shutoff valve with a
quick-connect coupling or a dry-break valve shall be installed in the piping at a point where
connection and disconnection is made for delivery from the vehicle to the AST.This device shall be
protected from tampering and physical damage.
(5) The owner/operator must report, investigate, and clean up any spills and overfills in
accordance with Articles 4 and 5 of these Regulations.
(b) Remote Impounding.
Where protection of adjoining property or waterways is by means of drainage to a remote
impounding area,so that impounded liquid will not be held against tanks,such systems shall comply
with the following:
(1) A slope of not less than 1 percent away from the tank shall be provided for at least 50
ft (15 m) toward the impounding area.
• (2) The impounding area shall have a net capacity not less than that of the largest tank
that can drain into it plus an allowance for precipitation.
(3) The route of the drainage system shall be so located that,if the liquids in the drainage
system are ignited, the fire will not seriously expose tanks or adjoining property.
(4) The confines of the impounding area shall be located so that,when filled to capacity,
the liquid level will not be closer than 50 ft. (15 m)from any property line that can be built upon,or
from any tank.
(c) Impounding Around Tanks by Diking.
Exception: Size and spacing requirements for dikes enclosing existing ASTs may be reduced or
waived by the Director if he determines that there are equivalent safety measures at the facility.
When protection of adjoining property or waterways is by means of impounding by diking around
the tanks, such system shall comply with the following:
(1) For ASTs installed after September 30, 1994,a slope of not less than I percent away
from the tank shall be provided for at least 50 ft(15 m) or to the dike base,whichever is less.
(2) After December 22, 1996,the volumetric capacity of the diked area shall not be less
• than the greatest amount of liquid that can be released from the largest tank within the diked area,
assuming a full tank.To allow for volume occupied by tanks,the capacity of the diked area enclosing
61
more than one tank shall be calculated after deducting the volume of the tanks,other than the largest
tank,below the height of the dike.
• (3) For ASTs installed after September 30, 1994,to permit access,the outside base of the
dike at ground level shall be no closer than 10 ft (3 m) to any property line that is, or can be built
upon.
(4) After December 22, 1996, walls of the diked area shall be of non-permeable earth,
steel, concrete,or solid masonry designed to be liquid tight and to withstand a full hydrostatic head
for enough time until any release therein can be cleaned up. For all AST dikes installed after
September 30, 1994, the floor of the diked area must be impervious enough to contain the product
for enough time until any release therein can be cleaned up. Earthen walls 3 ft (0.09 m) or more in
height shall have a flat section at the top not less than 2 ft (0.06 m) wide. The slope of an earthen
wall shall be consistent with the angle of repose of the material of which the wall is constructed.
Diked areas for tanks containing Class I liquids located in extremely porous soils may require special
treatment to prevent seepage of hazardous quantities of liquids to low-lying areas or waterways in
case of spills.
(5) Except as provided in subsection (6) below, the walls of the diked area shall be
restricted to an average interior height of 6 ft (1.8 m) above interior grade.
(6) Dikes may be higher than an average of 6 ft (1.8 m) above interior grade where
provisions are made for normal access and necessary emergency access to tanks,valves, and other
• equipment, and safe egress from the diked enclosure.
(A) Where the average height of the dike containing Class I liquids is over 12 ft high,
measured from interior grade,or where the distance between any tank and the top inside edge of the
dike wall is less than the height of the dike,provisions shall be made for normal operation of valves
and access to tank roof without entering below the top of the dike. These provisions may be met
through the use of remote-operated valves, elevated walkways, etc..
(B) Piping passing through dike walls shall be designed to prevent excessive stresses as a
result of settlement or fire exposure.
(C) For ASTs installed after September 30, 1994,the minimum distance between tanks
and toe of interior dike walls shall be 5 ft (1.5 m).
(7) Where provision is made for draining water from diked areas, such drains shall be
controlled in a manner so as to prevent flammable or combustible liquids from entering natural water
courses, public sewers, or public drains, if their presence would constitute a hazard. Control of
drainage shall be accessible under fire conditions from outside the dike.
(3) Storage of combustible materials, empty or full drums, or barrels, shall not be
permitted within the diked area.
•
62
3-4-3 Operation and Maintenance of Corrosion Protection.
• (a) Internal Corrosion Protection For ASTs Installed After September 30, 1994.
When ASTs installed after September 30, 1994 are not designed in accordance with the American
Petroleum Institute, American Society of Mechanical Engineers, or the Underwriters Laboratories
Inc. Standards, or if corrosion is anticipated beyond that provided for in the design formulas used,
additional metal thickness or suitable protective coatings or linings shall be provided to compensate
for the corrosion loss expected during the design life of the tank.
(b) External Corrosion Protection for ASTs installed after September 30, 1994.
For those portions of an AST system installed after September 30, 1994 including the product
pipelines that normally contain petroleum products and are in contact with the soil or with an
electrolyte that may cause corrosion of the AST system,tanks and piping must be protected by either:
(I) A properly engineered, installed and maintained cathodic protection system in
accordance with recognized standards of design, such as:
(A) National Association of Corrosion Engineers Standard RP-01-69, "Control of
External Corrosion of Underground or Submerged Metallic Piping Systems";
(B) National Association of Corrosion Engineers Standard RP-02-85,"Control ofExternal
• Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems"; or;
(2) Approved or listed corrosion-resistant materials or systems, which may include
special alloys, fiberglass reinforced plastic, or fiberglass reinforced plastic coatings.
(c) External Coating of all Elevated Tanks.
For installations where tanks and piping are not in contact with soil or with an electrolyte,corrosion
protection may consist of an appropriate external coating.
(d) Cathodic Protection Requirements.
Owners/operators must comply with the following requirements to ensure that releases due to
corrosion are prevented for as long as a cathodically protected AST system is used to store
petroleum:
(1) All corrosion protection systems must be operated and maintained to continuously
provide corrosion protection to the metal components of that portion of the tank and piping that
routinely contain petroleum and are in contact with the ground.
(2) Performance criteria-The criteria that are used to determine that cathodic protection
is adequate as required by this section must be in accordance with a code of practice developed by a
• nationally recognized association.
63
(3) Periodic Inspections - AST systems with impressed current cathodic protection
systems must be inspected periodically as specified by the equipment manufacturer to ensure that the
• equipment is running properly.
(4) Record Keeping - For AST systems using cathodic protection, records of the
operation of the cathodic protection must be maintained to demonstrate compliance with the
performance standards in this section.
If an AST system is not cathodically protected, the AST system must meet the requirements of
section 3-5-1(b).
3-4-4 Compatibility Requirements for All Tanks.
Owners/operators must use an AST system made of or lined with materials that are compatible with
the substance stored in the AST.
[Note: Owners/operators storing alcohol blends may use the following codes to comply with the
requirements of this section: (a) American Petroleum Institute Publication 1626, "Storing and
Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations";and
(b) American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-
Methanol/Co-solvent Blends at Distribution Terminals and Service Stations."]
3-4-5 Static Protection for All AST's.
. (a) Grounding Required.
All equipment such as tanks,machinery and piping,where an ignitable mixture may be present shall
be bonded or connected to a ground.
(b) Bonding Facilities Required.
The bond or ground or both shall be physically applied or shall be inherently present by the nature of
the installation; and
(1) Bonding facilities for protection against static sparks during the loading of tank
vehicles through open domes shall be provided:
(A) Where Class I liquids are loaded, or
(B) Where Class II or Class III liquids are loaded into vehicles that may contain vapors
from previous cargoes of Class I liquids; and
(2) Bonding facilities shall consist of a metallic bond wire permanently electrically
connected to the fill stem,or to some part of the rack structure in electrical contact with the fill stem.
The free end of such wire shall be provided with a clamp or equivalent device for convenient
• attachment to some metallic part in electrical contact with the cargo tank of the tank vehicle. (This
can be a simple ground clamp used while loading).
64
3-4-6 Repairs Allowed.
• (a) If an AST system is damaged,it must be repaired to meet applicable requirements,or
be properly closed.Owners/operators of AST systems must ensure that repairs will prevent releases
due to structural failure or corrosion as long as the AST system is used to store petroleum.
(b) The repairs must meet the following requirements:
(1) Repairs to AST systems must be properly conducted in accordance with a code of
practice developed by a nationally recognized association or an independent testing laboratory.
[Note: The following codes and standards may be used to comply with paragraph(b)of this section:
National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code";
American Petroleum Institute Publication 2200,"Repairing Crude Oil,Liquefied Petroleum Gas,and
Product Pipelines"];
(2) Aboveground metal pipe that has released product must be immediately repaired or
replaced and appropriately tested. [Note: repaired piping that has previously contained flammable
liquid must not be subjected to an air pressure test unless the piping has been completely cleaned and
rendered vapor free]
(3) Underground metal pipe sections and fittings connected to an AST that have released
product as a result of corrosion or other damage must be replaced immediately and protected from
future corrosion. Fiberglass pipes and fittings may be repaired in accordance with the equipment
• manufacturer's specifications.
(4) Repaired AST underground piping must be volumetrically tested following the
completion of the repair. The volumetric test can be made using one of the available commercial
precision testing methods or by a standpipe test at 1.5 times operating pressure for small sections of
pipe if approved by the Director. New replacement piping runs that have never contained product
may be tested by an air pressure/soap bubble test at 1.5 times operating pressure if inspected and
approved by the Director.
3-4-7 Out of Service, Closure or Change-In-Service.
(a) Out of Service. An AST may be taken out of service without notice and without
meeting any leak detection requirement for a period of not more than 90 days by simply removing
the petroleum product from the tank.The"Out of Service"period may continue for up to a total of 9
calendar months without further action until the tank is returned to service. Returning to active
service of an AST that has been out of service for more than 90 days must be accompanied by a
careful visual inspection of all components of the AST system that may contain product,for seepage
from any and all tank and piping connections.Temporary Closure status as described in subsection
(b) below, must be initiated for any AST that has been out of service for more than 9 months.
Records documenting "out of service" periods, and documenting the inspections required prior to
reinstitution of service, should be kept on site; but need not be sent to Director.
• (b) Temporary Closure. Temporarily closed tanks must be emptied of liquid, rendered
vapor free and safeguarded against trespassing by means of locked gates, fences etc. AST's may
65
continue in a temporary closed status for not more than 24 calendar months. Reactivation of a
temporarily closed tank requires an appropriate test of all the connected piping, and a careful
• physical inspection to ensure that the tank and all secondary containment structures are clean,liquid
tight and structurally sound.AST's must be permanently closed as described in subsection(c)below,
when temporary closure exceeds 24 months.The annual registration fee described in section 3-2-5
must be paid for AST's that are out of service or temporarily closed until such time as the
owner/operator institutes permanent closure or change-in-service for the AST.Records documenting
"temporary closure"periods and inspections prior to reinstitution of service, should be kept on site;
but need not be sent to the Director.
(c) Permanent Closure.Permanent Closure may be initiated by the owner/operator at any
time up to 24 calendar months after beginning temporary closure. To permanently close an AST
system, owners/operators must:
(I) Empty and clean the tank by removing all liquids and accumulated sludges as
described in subsection (e)below; and
(2) Clean out and plug both ends of all connected piping; and
(3) Remove all dispensers; and
(4) Render all connected loading facilities completely inoperative; and
• (5) Safeguard the AST system from trespassing as described in subsection(b)above,or
remove the tanks from the facility; and
(6) Notify the Director of the permanent closure at least ten days before the closure.
(d) Change-In-Service. Continued use of an AST system to store a substance other than
petroleum is considered a change-in-service. Before a change-in-service, owners/operators must
empty and clean the tank, connected piping, and any other equipment that previously contained
petroleum product as described in subsection (e) below; then notify the Director in writing of the
change of service.
(e) All liquids and accumulated sludges must be removed and disposed of according to
the rules adopted pursuant to the Solid Waste Disposal Regulations and the Colorado Hazardous
Waste Regulations adopted by the Colorado Department of Public Health and Environment.
(0 Assessing the site at closure or change-in-service.
(1) Before permanent closure or a change-in-service is completed,or upon request by the
Director for previously closed sites, owners/operators must measure for the presence of a release
where contamination is most likely to be present at the site. In selecting sample types, sample
locations, and measurement methods, owners/operators must consider the method of closure, the
nature of the stored substance,the depth to groundwater,and other factors appropriate for identifying
• the presence of a release.The requirements of this section are satisfied if one of the release detection
66
methods allowed in these regulations is operating and used at the time of closure, and indicates no
release has occurred.
• (2) If contaminated soils,contaminated groundwater,or free product as a liquid or vapor
is discovered under subsection(1),or by any other manner,owners/operators must begin corrective
action in accordance with these regulations.
[Note 1: Permanently closed or non-regulated AST's may be returned to active petroleum product
service only after meeting the reinstallation rules described in section 3-4-8 below.]
[Note 2: These closure rules are the minimum required in Colorado; they do not preempt local fire
district rules, local building codes, or local zoning rules. In fire districts where the Uniform Fire
Code is in effect, the fire district may require that out of service ASTs be removed or demolished.]
[Note 3: The following procedures may be used to comply with this section 3-4-7:
(A) American Petroleum Institute Publication 2015,"Cleaning Petroleum Storage Tanks";
(B) American Petroleum Institute Publ. 2015A, "Lead Hazard Associated with Tank
Entry";
(C) American Petroleum Institute 201 5B,"Cleaning Open Top and Floating Roof Tanks";
(D) National Institute for Occupational Safety and Health "Criteria for a Recommended
Standard...Working in Confined Space" may be used as guidance for conducting safe closures.]
3-4-8 Reinstallation of ASTs.
To qualify for reinstallation of an AST at a different site in flammable or combustible liquids service,
a used AST must meet the following requirements:
(a) The AST itself must meet all the fabrication, construction and performance
requirements listed in section 3-3 of these regulations.
(b) An installation permit must be applied for and received from the Director as with any
other installation or upgrade.The AST installation will be inspected by the Director as described in
section 3-2.
(c) The tank must be thoroughly cleaned inside and outside and be examined for pits,
cracks, corrosion effects, transportation damage, etc. Any damage must be properly repaired.
(d) A tank sold to a new owner/operator must be externally protected as necessary,tested,
and certified as structurally sound and capable of performing properly in the proposed service by a
tank manufacturer or tank manufacturer's qualified representative;or by a Tank Inspector meeting at
least one of the following qualifications:
•
67
(1) A degree in engineering plus I year of experience in inspection of tanks, pressure
vessels or piping;
• (2) A 2-year certificate in engineering or technology from a technical college,and 2 years
of experience in construction,repair,operation or inspection,of which one year must be inspection
of tanks, pressure vessels or piping; or
(3) The equivalent of a high school education,and 3 years of experience in construction,
repair, operation or inspection, of which at least one year must be in inspection of tanks, pressure
vessels or piping.
(e) Emergency relief vents or devices for meeting the fire exposure requirements must be
tested and certified to be in good working order.
3-4-9 Record Keeping.
(a) Owners/operators must maintain the following records for an AST site as applicable:
(1) Installation permits for newly installed tanks, reinstalled used tanks or permits for
upgrading existing tanks must be maintained for 5 years.
(2) Tank registration records or record of facility ID number retained until closure.
• (3) Records of repairs that have been performed within the last 5 years.
(4) Monthly visual inspection records of the AST system must be kept for one year.
(5) Most recent underground piping precision test records must be maintained.
(6) Records showing the history of each AST in terms of which Class and type of product
has been stored in that tank, shall be maintained for at least one year.
(7) Records to document that tank ullage was properly checked prior to filling tanks must
be maintained for at least six months.
(8) Free product removal records must be maintained to document proper operation
following any release of product within the last five years.
(9) SPCC plans as described in section 3-6 of these regulations if such a plan is required
must be retained as long as the plan is required.
(10) Records showing the changes in status of tanks that have been taken out of service or
temporarily closed at times then returned to service, should be maintained for at least two(2)years.
Records need not be kept for tanks that have been permanently closed.
•
68
(b) Records must be maintained at the AST site and immediately available for inspection
by the Director; or at a readily available alternative site and be provided for inspection within 24
• hours to the Director upon request.
(c) Notwithstanding the above, to be eligible for the Fund, persons may be required to
maintain the above or other records in accordance with Fund requirements.
Section 3-5 Release Detection
3-5-1 General Requirements for all AST Systems.
(a) ASTs that are not in contact with the ground or any electrolyte that might cause
corrosion of the tank must be visually inspected, at least once per month by operating personnel to
detect any leakage from tank seams, connections, and fittings. Any such leakage must be repaired
immediately and reported under the repair and reporting requirements of these regulations.
(b) ASTs including metal supporting structures that are in contact with the soil or that
are in contact with an electrolyte that may promote corrosion of the tank must(1)be inspected as in
subsection(a)above and(2)be protected from corrosion or tested periodically to prove that they are
not seriously corroded,as described in this section.Tanks that are not cathodically protected must be
tested within 5 years after October 1, 1994; and once every two years thereafter by either;
(1) An external visual inspection, that includes the bottom of the tank, for corrosion or
• other visible damage; or
(2) A leakage test of any type approved by the Director; or
(3) An internal inspection for corrosion or other visible damage; or
(4) Comply with some other alternative test for corrosion or leakage as specified by and
approved by the Director in the future.
(c) AST system piping that is not in contact with the soil or with an electrolyte that might
cause corrosion of the piping,must be inspected at least once each month to detect leakage from pipe
seams, connections, and fittings. Any such leakage that may exceed the reportable quantity (25
gallons)must be repaired immediately and reported as in Article 4.
(d) Underground AST piping that is in contact with the soil or an electrolyte, and that
routinely contains petroleum must be precision tested annually to ensure that it is maintained in a
liquid tight condition.
3-5-2 Leak Detection for Secondary Containment Tanks.
• Secondary Containment tanks that are installed without special drainage or diking according to
section 3-4-2(b) or(c)must be visually inspected at least once each month to ensure that there has
69
been no failure of the outer wall of the secondary containment tank.An interstitial liquid detector or
some other positive means of leak detection must be installed to detect leaks from the inner wall of
• the tank; and operation of that leak detector must be verified at least monthly. A record of the
inspection must be maintained [See § 3-4-9].
3-5-3 AST Facility Housekeeping Required.
(a) All AST system tank and piping fittings, connections, valves, auxiliary equipment
that contains product,secondary containment areas,etc.must be maintained free of obstructions that
would interfere with visual detection of leaks and spills.
(b) Secondary containment areas must be maintained free of accumulations of water,
leaves, weeds, flammable material, non U.L. listed tanks or drums; and anything else that might
interfere with the containment purpose of such areas.
Section 3-6 Oil Pollution Prevention - SPCC Plan
3-6-1 Applicability.
(a) Owners/operators of non-transportation related facilities engaged in storing,
processing,refining, transferring, distributing or consuming oil and oil products; and which due to
their location could reasonably be expected to discharge oil in harmful quantities into or upon the
navigable waters of the United States or adjoining shorelines must develop and implement a spill
prevention,spill control,and spill countermeasures plan(SPCC PLAN)as described in section 3-6-6
.
of this rule if the facility contains either:
(1) An aggregate aboveground oil storage capacity greater than 1,320 gallons; or
(2) Any single aboveground oil storage tank whose capacity exceeds 660 gallons.
(b) This rule does not apply to any of the following:
(I) Transportation related facilities.
(2) Facilities which,due to their location,could not reasonably be expected to discharge
oil into or upon the navigable waters of the United States.
3-6-2 Definitions.
For this section 3-6 the following definitions apply:
(a) Oil-means oil of any kind or in any form,including but not limited to petroleum,fuel
oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(b) Discharge - includes but is not limited to, any spilling, leaking,pumping, pouring,
• emitting, emptying, or dumping.
70
(c) Owner/operator-means any person owning or operating an AST facility,and in the
case of any abandoned facility,the person who owned or operated such facility immediately prior to
• abandonment.
(d) Navigable waters - means all waters of the United States that are connected with a
navigable stream, lake or sea. [Note: This definition is usually interpreted to mean any waterway
(even a normally dry wash or storm sewer) that eventually drains into a navigable stream.]
3-6-3 Requirements For Preparation of SPCC Plan.
(a) Owners/operators of facilities existing before October 1, 1994, which are subject to
this rule must prepare and fully implement an SPCC Plan by October 1, 1995.
(b) Owners/operators of facilities subject to this rule, which become operational after
September 30, 1994,must prepare an SPCC Plan within 6 months after the facility begins operations;
and must fully implement the SPCC Plan within one year after the facility becomes operational.
(c) The SPCC Plan for any facility must be reviewed and certified to be in accordance
with good engineering practices by a Registered Professional Engineer.
(d) Owners/operators of facilities that must prepare an SPCC Plan are required to
maintain a complete copy of the SPCC Plan at the facility if the facility is normally attended at least
8 hours per day, or at the nearest field office if the facility is not so attended.
• 3-6-4 Amendment of SPCC Plan Required by Director.
The Director may require an amendment of the SPCC Plan for any facility required to have one,if it
is determined that the plan is inadequate to protect the navigable waters of Colorado and the United
States.
3-6-5 Amendment of SPCC Plan by Owners/Operators .
(a) Owners/operators of facilities with an SPCC plan subject to section 3-6-3(a) or(b)
shall amend the SPCC Plan in accordance with section 3-6-6 whenever there is a change in facility
design,construction,operation or maintenance which materially affects the facility's potential for the
discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Such
amendments shall be fully implemented as soon as possible,but not later than six months after such
change occurs.
(b) Notwithstanding compliance with paragraph(a)of this section,owners/operators of
facilities with an SPCC plan subject to section 3-6-3(a)or(b)shall complete a review and evaluation
of the SPCC Plan at least once every three years from the date such facility becomes subject to this
rule.As a result of this review and evaluation,the owner/operator shall amend the SPCC Plan within
six months of the review to include more effective prevention and control technology if:
• (1) Such technology will significantly reduce the likelihood of a spill event; and
71
(2) If such technology has been field-proven at the time of the review.
• (c) No amendment to an SPCC Plan shall be deemed to satisfy the requirements of this
section unless it has been certified to be in accordance with good engineering practices by a
Registered Professional Engineer in accordance with section 3-6-3(c).
3-6-6 SPCC Plan, Preparation and Implementation Guidelines.
The SPCC Plan must be a carefully thought out plan,prepared in accordance with good engineering
practices, and which has the full approval of management at a level with authority to commit the
necessary resources. The complete plan shall follow the sequence outlined below, and include a
discussion of the facility's conformance with the appropriate guidelines listed:
(a) A facility which has experienced one or more spill events within twelve months prior
to October 1, 1994 shall include a written description of each such spill,corrective action taken and
plans for preventing recurrence.
(b) Where experience indicates a potential for equipment failure(such as tank overflow,
rupture or leakage), the plan shall include a prediction of the direction, rate of flow, and total
quantity of oil which could be discharged from the facility as a result of each major type of failure.
(c) Appropriate containment and/or diversionary structures or equipment to prevent
discharged oil from reaching a navigable water course shall be provided. One of the following
•
preventive systems or its equivalent must be used as a minimum:
(1) Dikes,berms or retaining walls sufficiently impervious to contain spilled oil;
(2) Installation of secondary containment tanks or fire resistant tanks;
(3) Curbing and/or drip pans;
(4) Culverting, gutters or other drainage systems;
(5) Weirs,booms or other bathers;
(6) Spill diversion ponds;
(7) Retention ponds;
(8) Sorbent materials; or
(9) Sumps and collection systems.
(d) When it is determined by the owner/operator that the installation of structures or
• equipment listed in subsection (c) above to prevent discharged oil from reaching the navigable
72
waters is not practicable from any onshore or offshore facility, the owner/operator should clearly
demonstrate such impracticability and provide the following:
• (1) A strong oil spill contingency plan following the provisions of 40 C.F.R. Part 109;
and
(2) A written commitment of manpower, equipment and materials required to
expeditiously control and remove any harmful quantity of oil discharged.
(e) In addition to the prevention standards listed in subsection(c)above,the plan should
include a complete discussion of conformance with the following:
(1) Facility drainage(onshore).
(A) Drainage from diked storage areas must be restrained by valves or other positive
means;
(B) Flapper-type drain valves must not be used to drain diked areas.
(C) Plant drainage systems from undiked areas should,if possible retain oil or return it to
the facility.
(2) Facility transfer operations, pumping, and in-plant process (onshore).
• (A) Buried piping must be cathodically protected if soil conditions warrant.
(B) Pipe supports must be properly designed to minimize abrasion and corrosion and
allow for expansion and contraction.
(3) Inspections and records required by this section must be in accordance with written
procedures developed for the facility by the owner/operator.
(4) Security.
(A) All plants handling,processing, and storing oil should be fully fenced,and entrance
gates should be locked and/or guarded when the plant is not in production or is unattended.
(B) The master flow and drain valves and any other valves that will pciuiit direct outward
flow of the tank's content to the surface must be securely locked in the closed position when in non-
operating or non-standby status.
(C) The starter control on all oil pumps must be locked in the"off'position or located at a
site accessible only to authorized personnel when the pumps are in a non-operating or non-standby
status.
•
73
(D) The loading/unloading connections of oil pipelines must be securely capped or blank-
flanged when not in service or standby service for an extended time. This security practice also
• applies to pipelines that are emptied of liquid content either by draining or by inert gas pressure.
(E) Facility lighting must be commensurate with the type and location of the facility.
(5) Personnel, training and spill prevention procedures.
(A) Owners/operators are responsible for properly instructing their personnel in the
operation and maintenance of equipment to prevent the discharges of oil; and applicable pollution
control laws, rules and regulations.
(B) Each applicable facility must have a designated person who is accountable for oil spill
prevention and who reports to line management.
(C) Owners/operators must schedule and conduct spill prevention briefings for their
operating personnel at intervals frequent enough to assure adequate understanding of the SPCC Plan
for that facility. Such briefings should highlight and describe known spill events or failures,
malfunctioning components, and recently developed precautionary measures.
ARTICLE 4 RELEASE REPORTING, INVESTIGATION,AND CONFIRMATION
• 4-1 Reporting of suspected releases.
Owners/operators of regulated substance systems must report a release or suspected release to the
Director within 24 hours by telephone or facsimile. (If outside normal working hours or on a
weekend and emergency assistance is needed,call the emergency response number(303)756-4455
at the Colorado Department of Public Health and Environment).Any suspected release or release of
unknown quantity(ies) is a reportable quantity unless an owner/operator can conclusively show the
release was less than the reportable quantity.Owners/operators must follow the procedures in section
4-3 for any of the following conditions:
(a) The discovery by owners/operators or others of released regulated substances at the
site or in the surrounding area(such as the presence of contamination,free product or vapors in soils,
basements, sewer and utility lines, and surface, ground, or drinking water);
(b) Unusual operating conditions observed by owners/operators (such as the erratic
behavior of product dispensing equipment, the sudden loss of product from the system, failed
tightness tests,inconclusive statistical inventory reconciliation,or an unexplained presence of water
in the tank),unless system equipment is found to be defective but not leaking, and is immediately
repaired or replaced; and
(c) Monitoring results from a release detection method required under these regulations
indicate a release may have occurred unless:
•
74
(1) The monitoring device is found to be defective, and is immediately repaired,
recalibrated or replaced, and additional monitoring does not confirm the initial result; or
• (2) In the case of inventory control, a second month of data does not confirm the initial
result.
4-2 Investigation due to off-site impacts.
When required by the Director, owners/operators of regulated substance systems must follow the
procedures in section 4-3 to determine if the system is the source of off-site impacts.These impacts
include the discovery of regulated substances,such as the presence of contamination,free product or
vapors in soils,basements, sewer and utility lines, and surface, ground, and drinking waters.
4-3 Release investigation and confirmation steps.
Unless corrective action is initiated in accordance with Article 5 of these regulations,
owners/operators must immediately investigate and confirm all suspected releases of regulated
substances requiring reporting under section 4-1 within 7 days, or another reasonable time period
specified by the Director, using either the following steps or another procedure approved by the
Director:
(a) System test.Owners/operators must conduct tests(according to the requirements for
tightness testing) that determine whether a leak exists in that portion of the tank that routinely
• contains product, or the attached delivery piping, or both.
(1) Owners/operators must repair,replace or upgrade the regulated substance system,and
begin corrective action in accordance with Article 5 of these regulations, if the test results for the
system, tank, or delivery piping indicate that a leak exists.
(2) Further investigation is not required if the test results for the system, tank, and
delivery piping do not indicate that a leak exists and if environmental contamination is not the basis
for suspecting a release.
(3) Owners/operators must conduct a site check as described in paragraph (b) of this
section if the test results for the system, tank, and delivery piping do not indicate that a leak exists
but environmental contamination is the basis for suspecting a release.
(b) Site check. Owners/operators must measure for the presence of a release where
contamination is most likely to be present at the site, as specified in Article 5 of these regulations.
(1) If the test results for the excavation zone or the site indicate that a release has
occurred, owners/operators must begin corrective action in accordance with Article 5 of these
regulations;
(2) If the test results for the excavation zone or the site do not indicate that a release has
• occurred, further investigation is not required.
75
4-4 Reporting and cleanup of spills and overfills.
• (a) Owners/operators of regulated substance systems must contain and immediately clean
up a spill or overfill and report the spill or overfill to the Director within 24 hours, and begin
corrective action in accordance with Article 5 in the following cases:
(1) A spill or overfill of petroleum that results in a release to the environment that may
exceed 25 gallons, or that causes a sheen on nearby surface water; and
(2) A spill or overfill of a hazardous substance that results in a release to the environment
that equals or exceeds its reportable quantity under CERCLA (40 CFR 302).
(b) Owners/operators of regulated substance systems must contain and immediately clean
up a spill or overfill of petroleum that is less than 25 gallons, and a spill or overfill of a hazardous
substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24
hours, owners/operators must immediately notify the Director.
[Note:All persons must in any event comply with reporting requirements of other agencies including
the Colorado Department of Public Health and Environment.]
[Note: A release of a hazardous substance equal to or in excess of its reportable quantity must also
be reported immediately (rather than within 24 hours) to the National Response Center under
sections 102 and 103 of the Comprehensive Environmental Response,Compensation,and Liability
• Act of 1980 (40 CFR 302.6) and to appropriate state and local authorities under Title III of the
Superfund Amendments and Reauthorization Act of 1986 (40 CFR 355.40).]
ARTICLE 5 RELEASE RESPONSE AND CORRECTIVE ACTION
5-1 General.
(a) Effective February 1, 1999,the owner/operator of a regulated substance system must,
in response to a confirmed release, comply with the requirements of these regulations, which
incorporate a risk-based corrective action (RBCA) approach.
(b) Any and all reports required to be submitted by the owner/operator to the Director,
under these regulations,must be submitted in duplicate,and in the format specified by the Director,
unless otherwise determined by the Director. Contact the Director for information on obtaining the
specified formats and the Petroleum Storage Tank Facility Owner/Operator Guidance Document.
[Note: Any work performed or required under these regulations does not automatically qualify for
reimbursement from the State Fund. Fund reimbursement requirements are located in Article 8 of
these regulations.]
•
76
5-2 Initial Response and Site Classification
• (a) Upon confirmation and reporting of a release in accordance with Article 4 of these
regulations,or after a release from a regulated substance system is identified in any other manner,the
owner/operator must perform the following initial response actions within 24 hours:
(1) Take immediate action to prevent any further release of the regulated substance into
the environment; and
(2) Identify and mitigate fire, explosion, vapor hazards, and acute health hazards; and
(3) Initiate containment and removal of any free product observed on the ground or water
surface.
(b) Unless directed to do otherwise by the Director,the owner/operator must perform the
following abatement measures as soon as possible after a release:
(I) Prevent further migration of the released substance into surrounding soils and
groundwater; and
(2) Monitor and mitigate any additional fire, safety hazards, and acute health hazards
posed by vapors or free product that have entered into subsurface structures (such as sewers or
basements); and
• (3) Remedy hazards posed by contaminated media that are excavated or exposed as a
result of release confirmation, site investigation, abatement, or corrective action activities. If these
remedies include treatment or disposal of media, the owner/operator must comply with applicable
state and local requirements.
(c) Investigate to determine the possible presence of subsurface free product. At sites
where there is subsurface free product,the owner/operator must report the presence of free product to
the Director within 24 hours of detection by telephone or facsimile; and remove the free product to
the maximum extent practicable as determined by the Director, while continuing as necessary, any
actions required under this Article. In meeting the requirements of free product removal, the
owner/operator must:
(I) Conduct subsurface free product removal in a manner that minimizes the spread of
contamination into previously uncontaminated zones by using recovery and disposal techniques
appropriate to the hydrogeologic conditions at the site; and
(2) Properly treat, discharge or dispose of recovered byproducts in compliance with
applicable local, state and federal regulations, and handle any flammable products in a safe and
competent manner to prevent fires or explosions.
•
77
(d) Soil samples must be collected to identify the presence and source of a release. If
groundwater is encountered samples of groundwater must also be collected. Information regarding
• sample collection procedures is presented in the Storage Tank Facility Owner/Operator Guidance
Document. The document also provides owners/operators with factors,which must be considered in
the selection of sample locations. Although these factors may vary widely among sites, the
following scenarios have been identified as common, and required sampling locations have been
defined:
(1) If site investigation activities are being performed in conjunction with the removal or
permanent closure in place of a petroleum storage system,the owner/operator must collect samples
from beneath each tank. Samples must also be collected from beneath each dispenser island and
beneath areas of piping.
(2) If site investigation activities are being performed due to the failure of any approved
method of leak detection (including tank and/or product piping testing), the owner/operator must
collect samples from any areas which testing indicates may have been impacted by a release of a
regulated product.
(e) Samples collected at all sites must be analyzed for each individual chemical of
concern(COC);benzene,toluene, ethylbenzene, xylenes, and methyl-tertiary butyl ether(MTBE),
and for total petroleum hydrocarbons (TPH). The nature of the product must be considered when
selecting the analyses to be performed for TPH. Information regarding COCs, and additional
sampling procedures are presented in the Storage Tank Facility Owner/Operator Guidance
• Document.The Owner/Operator Guidance Document also contains procedures for the sampling and
analysis of certain poly-nuclear aromatic hydrocarbons (PAHs), in the event that TPH exceeds the
Tier 1 screening level (500 mg/Kg)
[Note: If the owner/operator suspects that the released substance may be classified as a hazardous
waste, the Colorado Department of Public Health and Environment should be contacted regarding
release reporting, investigation and remediation requirements.]
(f) Identify all potential points of exposure (POEs). POEs for benzene, toluene,
ethylbenzene and xylenes are: property boundaries, surficial soils, subsurface utilities, structures,
groundwater wells, surface water, and sensitive environments. POEs for MTBE are: water supply
wells that are used for human consumption and surface water features that are used for human
consumption.Determine the distance from the source concentration to the nearest POE in each of the
above categories.
(g) The owner/operator must submit information about the site, as collected under
subsections (a) through (1) of this section, and as specified on the Site Summary Form, within 45
days of the release date. The Site Summary Form must include a brief outline of site conditions and
a Site Classification Checklist. In lieu of the Site Summary the owner/operator may submit a
complete Site Characterization Report (SCR), or a No Further Action Request Report (NEAR), as
defined in Section 5-3, as appropriate for the site, within 45 days of the release date.
•
78
5-3 Site Characterization
• (a) During the Site Characterization,the owner/operator must determine the full extent of
contamination in soil and groundwater resulting from the release of a regulated substance as
described below:
(1) At all sites,the extent of soil contamination must be defined to the Tier 1 Risk-Based
Screening Levels(RBSLs)for the Soil Leaching to Groundwater Exposure Pathway,as presented in
Table 5-1 and to 500 mg/Kg for total petroleum hydrocarbons;
(2) At all sites where groundwater contamination is suspected, groundwater
contamination must be defined to the Tier 1 RBSLs for the Groundwater Ingestion Exposure
pathway. These levels are presented in Table 5-1;
(b) The owner/operator must determine the hydrogeologic and geologic characteristics of
the site and the surrounding area, as appropriate for site conditions. See the Owner/ Operator
Guidance Document for more information regarding the list of site parameters to be collected;
(c) During site characterization activities, the owner/operator must note any POEs not
previously identified,including the distance from the source area to each POE. The owner/operator
must also indicate which POEs have been impacted by the release;
• (d) The owner/operator must evaluate each exposure pathway, listed in Table 5-1, and
determine if each pathway is completed between the source of contamination and any POE,or if any
pathway may potentially be eliminated from further consideration. Refer to the Owner/Operator
Guidance Document for further information on evaluating exposure pathways;
(e) The owner/operator may evaluate land use criteria,and provide a recommendation of
land use classification (residential or industrial). Unless all properties impacted by the release are
currently zoned industrial, all land use will be considered classified as residential by the Director.
See the Owner/Operator Guidance document for further information regarding the industrial land use
classification.
(f) The owner/operator must determine the appropriate risk-based screening levels
(RBSLs) for every site by using the Tier 1 RBSL Table(Table 5-1). Compare the highest levels of
contamination remaining on the site with the Tier 1 RBSLs.Each completed exposure pathway must
be evaluated. The completed exposure pathway with the lowest RBSLs will determine the cleanup
goals for the site. If the Director determines that the Tier 1 RBSLs are not sufficiently protective of
human health and/or the environment due to site specific conditions, the owner/operator may be
required to perform a Tier 1 A or Tier 2 evaluation, incorporating site specific data.
•
79
Table 5-1 -Tier 1 Risk-Based Screening Levels(RBSLs)
• Media Complete Land Benzene Toluene Ethyl- Xylenes MTBE
Exposure Use benzene
Pathway
Surficial Ingestion/ Residential 4.1 4,100 2,100 36,000 N/A
Soil Dermal/
]mg/kg] Inhalation Industrial 12 28,000 15,000 250,000 N/A
Subsurface Leachate to >Sat*or
Soil Groundwater N/A 0.26 140 190 N/A
[mg/kg] Ingestion 2,600**
Soil Indoor Air Residential 2,700 >VP >VP >VP N/A
Vapor Inhalation
lPg/m}] Industrial 35,000 >VP >VP >VP N/A
Groundwater Indoor Air Residential 0.015 6.9 18 14 N/A
]mg/1] Inhalation
Industrial 0.39 490 >Sol >Sol N/A
Groundwater Groundwater
]mg/l] Ingestion N/A 0.005 1.0 0.7 10*or 0.020
[MCLs] 1.4**
>VP Denotes that even at a concentration equal to the vapor pressure of the chemical,a hazard quotient of I is
• not exceeded.
>Sol Denotes that even at a concentration equal to the solubility of the chemical, a hazard quotient of I is
not exceeded.
>Sat Denotes that even at a concentration equal to the saturation of the chemical, a hazard quotient of 1 is
not exceeded.
N/A Not applicable.No established RBSL.
* This RBSL will be in effect for releases that occurred prior to September 14,2004.
** This RBSL will be in effect for releases that occurred on or after September 14,2004.
(g) If concentrations of COCs remaining in soils on the site exceed the site Tier 1 RBSLs,
and if the site-specific conditions differ from the assumptions used to create the Tier I RBSLs,the
owner/operator may consider the preparation of a Tier IA analysis. A Tier I A analysis allows the
owner/operator to:
(1) Substitute actual site-specific data into the ASTM E 1739 equations and the
Domenico model(used to create the Tier I RBSL Table)to create a Tier IA Site-specific Risk-Based
Screening Level(SS-RBSL)table.This table must be included with the Site Characterization Report.
The substitution of site-specific data is subject to the following restrictions:
(A) Collect site-specific data(as appropriate to the site)for the input parameters listed in
Table 5-2 below. Only data actually collected from the site may be substituted. Consult the
Owner/Operator guidance document if you would like further assistance regarding site data
collection procedures and applications.
•
80
(2) Utilize the SS-RBSLs in the Tier lA Table to determine site-specific cleanup goals,
subject to the approval of the Director.
•
Table 5-2 - Tier IA Input Parameters
Depth to subsurface soil source Total porosity of the unsaturated zone
Depth to groundwater Unsaturated zone water content
Thickness of the capillary fringe Unsaturated zone air content
Thickness of the unsaturated zone Infiltration rate
Width of source Soil bulk density
Groundwater Darcy velocity Distance to point of exposure in groundwater
Fraction of organic carbon Effective porosity of the saturated zone
(h) Based on the comparison of the highest contaminant concentrations remaining on the
site with the Tier 1 RBSLs or the Tier IA SS-RBSLs the owner/operator may recommend the
following options:
(1) No Further Action Status based upon Tier I or Tier lA screening levels; or,
• (2) A method to remediate to Tier I or Tier 1 A screening levels; or,
(3) Preparation of a Tier 2 evaluation.
[Note: If option 2 and/or 3 above are recommended the owner/operator must refer to Section 5-4 for
the requirements for preparing a CAP and performing Tier 2 analyses.]
(i) The owner/operator must assemble and submit information about the site and the
nature of the release,within 90 days of the release date.This information must be submitted on the
Site Characterization Report(SCR)form,and must include all information collected under Article 4,
Sections 4-2 through 4-4, and Article 5, Sections 5-2 and 5-3 of these regulations, and an updated
Site Classification Checklist.
[Note:If MTBE concentrations in groundwater greater than the RBSL exist beyond the limits of the
other COCs, time frames for completing the additional assessment activities and reporting to the
OPS will be extended in accordance with the Methyl Tertiary Butyl Ether Guidance Document.]
(j) The owner/operator may submit a No Further Action Request Report(NFAR)instead
of the SCR if no COCs have ever been detected as a result of the release at levels in excess of the
Tier 1 RBSLs, and TPH has not been detected above 500 mg/Kg in soils. The NFAR must be
submitted on the approved form.
•
81
5-4 Corrective Actions.
• (a) In preparing for corrective action, the owner/operator must evaluate a minimum of
three alternative methods of addressing contamination which will protect human health,safety,and
the environment and which will be economically feasible. This evaluation will consider:
(1) Three methods of remediation; or(2) Two methods of remediation, and a Tier 2
evaluation. To perform a Tier 2 evaluation:
(A) Collect site-specific data(as appropriate to the site)for the input parameters listed in
Table 5-3 below (which are specific to the soil leaching to groundwater exposure pathway). Only
data actually collected from the site may be substituted. Consult the Owner/Operator guidance
document if you would like further assistance regarding site data collection procedures and
applications.
(B) Input the parameters collected into an acceptable model such as API DSS VADSAT
or BP RISC to create a Tier 2 Site-Specific Target Level (SSTL)Table. Acceptable models for the
unsaturated zone will be analytical,transient, capable of modeling one-dimensional dispersion and
degradation,and calculating effective solubility for individual constituents in a mixture. Acceptable
models for the saturated zone will be analytical or semi-analytical, transient, and simulate
retardation,degradation,one-dimensional flow and three-dimensional dispersion. This table must be
included with the CAP. Utilize the SSTLs in the Tier 2 Table to determine site specific cleanup
goals, subject to the approval of the Director.
i [Note: For further information on the Tier 2 evaluation and models, consult the Owner/Operator
Guidance Document.]
Table 5-3 Tier 2 Input Parameters
Source Parameters
Depth to top of contamination Width of source
Length of source Thickness of contamination
Unsaturated Zone Properties
Soil bulk density Saturated conductivity
Total porosity of the unsaturated zone Infiltration rate
Residual water content Van Genuchten's N
Fraction of organic carbon Thickness of unsaturated zone
Gradient Degradation rate(for each chemical)
Aquifer Properties
•
Effective porosity of saturated zone Soil bulk density
82
Hydraulic conductivity Hydraulic gradient
• Fraction of organic carbon Degradation rate (for each chemical)
Point of Exposure Location
Distance downgradient Well screen interval
Distance crossgradient
Lens parameters (if applicable)
Total porosity Van Genuchten's N
Residual water content Thickness
Saturated conductivity
Source Concentration Parameters
Source concentration(s) TPH Mixture
(b) The owner/operator must conduct an economic evaluation which examines the
alternative remediation methods. This study will include the expected cost of each method,
including the cost of remediation to Tier 2 SSTLs, if Tier 2 evaluation is a selected alternative,and
the expected length of active operation and monitoring for each method.
•
(c) The owner/operator must select the most technologically and economically feasible
method of the three evaluated and:
(I) Prepare a remedial design, which must include, pilot testing results, the remedial
system design, a monitoring plan including the location of point of compliance(POC)wells, and a
plan to confirm the attainment of site cleanup goals.(2) Prepare a schedule for the
implementation of the CAP.
(d) The owner/operator must submit to the Director the names and addresses of any
parties or properties known to be impacted by the release,or who may be reasonably expected to be
impacted by the release or by the selected remediation method prior to the expected attainment of the
site cleanup goals.
(e) An owner/operator must submit a CAP, in the format approved by the Director,
within 150 days of the date of the release,unless an extension is granted by the Director in writing,if
any of the following conditions exist:
(1) There is evidence that groundwater wells (excluding monitoring wells) or surface
waters have been or may be affected by the release;
• (2) Free product is found;
(3) There is evidence that contaminated soils may be in contact with groundwater; or
83
(4) There are any indications of a current,perceived,or potential threat to human health.
• (f) After reviewing SCR information or at any other time when deemed necessary by the
Director,an owner/operator may be required to develop and submit a CAP.If a CAP is required,the
owner/operator must submit the CAP,in the format approved by the Director,within 60 days of the
request unless an extension is granted by the Director in writing.
(g) The Director will approve the CAP only after ensuring that implementation of the
CAP will adequately protect human health, safety, and the environment.
(h) Upon approval of the CAP or as directed by the Director, the owner/operator must
implement the CAP. The owner/operator must monitor, evaluate, and report the results of
implementing the CAP in accordance with a schedule and in a format approved by the Director.Any
deviation from the approved CAP,including schedule revisions,must be approved by the Director.
(i) The owner/operator may,in the interest of minimizing environmental contamination
and promoting more effective cleanup,begin cleanup of soil and groundwater before the corrective
action plan is approved provided the owner/operator:
(I) Notifies the Director of an intention to begin cleanup;
(2) Complies with any conditions imposed by the Director, including halting cleanup or
mitigating adverse consequences from cleanup activities; and
(3) Incorporates these self-initiated cleanup measures in the CAP that is submitted to the
Director for approval.
5-5 Public Participation.
(a) For each confirmed release that requires a CAP,the Director has the responsibility to
provide notice to the public by means designed to reach those members of the public directly affected
by the release and the planned corrective action.This notice may include,but is not limited to,public
notice in local newspapers, block advertisements, public service announcements, publication in a
state register,letters to individual households,or personal contacts by field staff,or announcements
on the OPS website.
(b) The Director shall ensure that site release information and decisions concerning the
CAP are made available to the public for inspection upon request.
(c) Before approving a CAP, the Director may hold a public meeting to consider
comments on the proposed CAP if there is sufficient public interest, or for any other reason.
(d) The Director shall give public notice that complies with subsection(a)of this section
if implementation of an approved CAP does not achieve the established cleanup levels in the CAP or
• termination of the CAP is under consideration by the Director.
84
ARTICLE 6 FINANCIAL RESPONSIBILITY REQUIREMENTS FOR
OWNERS/OPERATORS OF PETROLEUM UNDERGROUND STORAGE TANKS
•
80-20.5-206. Financial responsibility for petroleum underground storage tanks.
(1)(a) Moneys in the Petroleum Storage Tank Fund, created pursuant to section 8-
20.5-103, And referred to in this section as the "Fund", may be used by certain owners and
operators of petroleum storage tanks to demonstrate their compliance with the financial
responsibility requirements in federal regulations. Owners and operators not eligible for access
to the Fund shall be solely responsible for securing independent financial assistance, but may
use any federally approved financial assurance mechanism identified in 40 C.F.R. 280.94
through 280.103 to help fund the cost of complying with such requirements.
(b) After payment is made from the Fund for remediation expenses, the owner or
operator on whose behalf the payment was made shall pay to the Fund the remediation amount
or ten thousand dollars, whichever is less.
(c) After payment is made from the Fund for personal injury or property damage
settlement expenses, or a combination of both, the owner or operator on whose behalf the
payment was made shall pay to the Fund the aggregate settlement payment amount or twenty-
five thousand dollars, whichever is less.
(d) Moneys in the Fund shall not be used for any remediation activity at a location
• that is within a site identified by the national priorities list, or where a response action by this
state has begun pursuant to the federal "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980".
(e) If an owner or operator cannot meet the financial requirements of paragraphs
(b) and (c) of this subsection (1), another approved financial assurance mechanism must be
identified for such owner or operator to remain in compliance with this section and to be
allowed to continue operation of an underground petroleum storage tank.
8-20.5-207. Financial responsibility for regulated substances other than petroleum. Owners
and operators of underground storage tanks containing regulated substances other than
petroleum may demonstrate financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damages by using any one or more
of the mechanisms allowable under 40 C.F.R. sections 280.95, 280.96, 280.97, 280.98,
280.99, 280.102, and 280.103. Owners and operators of underground storage tanks containing
regulated substances other than petroleum shall not be eligible to participate in the Petroleum
Storage Tank Fund, but shall be subject to federal financial responsibility regulations.
(a) The owner/operator subject to this article (a person not eligible for the Fund) shall
establish financial responsibility according to the following rules:
•
(1) Applicability.
85
(A) This financial responsibility requirement applies to owners/operators of all petroleum
• UST systems except as otherwise provided in this section.
(B) State and federal government entities whose debts and liabilities are the debts and
liabilities of a state or the United States are exempt from the requirements of Article 6.
(C) The requirements of this Article 6 do not apply to owners/operators of any UST
system described in section 2-1-1(b) or(c).
(D) If the owner and operator of a petroleum UST are separate persons,only one person is
required to demonstrate financial responsibility; however,both parties are liable jointly, if neither
party complies with this Article 6.
(2) Definition of Terms. When used in this Article 6,the following terms shall have the
meanings given below:
(A) "Accidental release" means any release of petroleum from an UST that results in a
need for corrective action and/or compensation for bodily injury or property damage neither expected
nor intended by the tank owner/operator.
(B) "Bodily injury" shall have the meaning given to this term by applicable Colorado state
law;however,this term shall not include those liabilities which,consistent with standard insurance
• industry practices, are excluded from coverage in liability insurance policies for bodily injury.
(C) "Financial reporting year" means the latest consecutive twelve-month period for
which any report used to support a financial test is prepared. "Financial reporting year" may thus
comprise a fiscal or a calendar year period.
(D) "Net worth"means the assets that remain after deducting liabilities;such assets do not
include intangibles such as goodwill and rights to patents or royalties.For purposes of this definition,
"assets" means all existing economic benefits obtained or controlled by an owner/operator.
(E) "Owner/Operator," when the owner and operator are separate parties, refers to the
party that has obtained financial responsibility for the purpose of complying with this Article 6.
(F) "Property damage" shall have the meaning given this term by applicable Colorado
laws.This term shall not include those liabilities,which,consistent with standard insurance industry
practices,are excluded from coverage in liability insurance policies for property damage.However,
such exclusions for property damage shall not include corrective action associated with releases from
tanks, which are covered by the policy.
(G) "Provider of financial assurance"means an entity that provides financial assurance to
an owner/operator of an UST through one of the mechanisms listed below,including but not limited
to an insurer, issuer of a letter of credit, or the trustee of a trust fund.
• (3) Allowable Mechanisms and Combinations of Mechanisms.
86
An owner/operator may use any one of the mechanisms listed in the following subsections to
• demonstrate financial responsibility for the USTs owned or operated.
(4) Financial Test of Self-Insurance.
(A) An owner/operator may satisfy the requirements of § 8-20.5-206 by passing a
financial test as specified in this section. To pass the financial test of self-insurance, the
owner/operator's worth must be based on year-end financial statements for the latest completed fiscal
year.
(B) The fiscal year-end financial statements of the owner/operator must be examined by
an independent certified public accountant and be accompanied by the accountant's report of the
examination.
(C) The owner/operator's year-end financial statements cannot include an adverse
auditor's opinion, a disclaimer of opinion, or a "going concern" qualification.
(D) To demonstrate that it meets the financial test under this subsection the chief financial
officer of the owner/operator must sign,within 120 days of the close of each financial reporting year
a letter stating that the owner/operator has met the financial test for self-insurance covering USTs at
the facilities listed. The letter must contain a list of the facilities covered, and for each facility: the
name and address of the facility, the number of tanks at the facility, the size of each tank and the
• regulated substance contained in each tank.
(E) If an owner/operator using the test to provide financial responsibility finds that he or
she no longer meets the requirements of the financial test based on the year-end financial statements,
the owner/operator must obtain alternative coverage within 150 days of the end of the year for which
financial statements have been prepared or within 30 days of the date of the financial statement,
whichever is earlier.
(F) The Director may require reports of financial condition at any time from the
owner/operator. If the Director finds, on the basis of such reports or other information, that the
owner/operator no longer meets the financial test requirements of this subsection,the owner/operator
must obtain alternate coverage within 30 days after notification of such a finding.
(G) If the owner/operator fails to obtain alternate financial responsibility within 60 days of
finding that he or she no longer meets the requirements of the financial test based on the year-end
financial statements,or within 30 days of notification by the Director that he or she no longer meets
the requirements of the financial test, the owner/operator must notify the Director of such failure
within 10 days.
(5) Insurance Coverage.
(A) An owner/operator may satisfy the requirements of§8-20.5-206 by obtaining liability
• insurance, that conforms to the requirements of this section, from a qualified insurer.
87
(B) If the policy contains any type of deductible,the policy must state that the insurer will
be liable for such deductible amount in the event of a default by the owner/operator.
• (C) Each insurance policy must be issued by an insurer or risk retention group that is
authorized to transact the business of insurance or authorized to provide insurance as an excess or
surplus lines insurer in Colorado.The insurer must be in compliance with all regulations,procedures,
and policies of the Colorado Division of Insurance.
(D) Each owner/operator must obtain a certificate of insurance from the insurer showing
the name and address of each covered location, the policy number, period of coverage, name and
address ofthe insurer,and the name and address ofthe insured for each facility covered by insurance.
The insurer must certify the following with respect to the insurance described herein:
(i) Bankruptcy or insolvency of the insured shall not relieve the insurer of its obligations
under the policy to which this certificate applies.
(ii) When requested by the Director, the insurer agrees to furnish a signed duplicate
original of the policy.
(iii) Notice of cancellation of the insurance by the insurer must be sent to the Director and
to the insured at least 60 days prior to the effective date of the cancellation of the insurance.
However,if the cancellation is based on one or more of the following reasons,then such notice may
be sent less than 60 days prior to the effective date of the cancellation of the insurance: Fraud;
• material misrepresentation; nonpayment of premium; or any other reason approved by the
Commissioner of Insurance.
(iv) The insurance covers claims for any occurrence that commenced during the term of
the policy that is discovered and reported to the insurer within six months of the effective date of the
cancellation or other termination of the policy.
(6) Letter of Credit.
(A) An owner/operator may satisfy the requirements of 8-20.5-206 by obtaining an
irrevocable letter of credit that conforms to the requirements of this section.The issuing institution
must be an entity that has the authority to issue letters of credit in Colorado and whose
letter-of-credit operations are regulated and examined by the Colorado Department of Regulatory
Agencies.
(B) The letter of credit must be irrevocable with a term specified by the issuing
institution.The letter of credit must provide that credit be automatically renewed for the same term
as the original term,unless,at least 90 days before the current expiration date,the issuing institution
notifies the Director by certified mail of its decision not to renew the letter of credit.Under the terms
of the letter of credit, the 90 days will begin on the date when the Director receives the notice, as
evidenced by the return receipt.
•
88
(C) The letter of credit must be payable to the Director and may be drawn on to cover
corrective action and/or compensating third parties for bodily injury and property damage caused by
• accidental releases arising from operating the UST(s) identified in the letter of credit.
(D) The letter of credit must list the name(s) and address(es) of the covered facility(ies)
where the tanks are located, the number of tanks at each facility; and the regulated substances
contained by the tanks at each facility.
(7) Trust Fund.
(A) An owner/operator may satisfy the requirements of§ 8-20.5-206 by establishing a
trust fund that conforms to the requirements of this section.The trustee must be an entity that has the
authority to act as a trustee and whose trust operations are regulated and examined by the Colorado
Department of Regulatory Agencies.
(B) The trust fund, when established, must be funded for the full required amount of
coverage.
(C) The trustee of the trust fund must be instructed to disburse funds from the trust fund
to pay the costs of corrective action and third party bodily injury and property damage only as
directed or approved by the Director.
(8) Certificate of Deposit or Other Secured Financial Instrument.
• A certificate of deposit or another financial instrument secured by an agency of Colorado or the U.S.
Government may be used to satisfy the requirements of § 8-20.5-206 provided that such financial
instrument is made payable to the Director. Any interest or dividends payable by such instrument
may be made payable to the owner/operator using this method of assuring financial responsibility.
This financial instrument will be returned to the owner/operator by the Director only after the
instrument has been replaced by an alternate financial responsibility mechanism or the
owner/operator is released from the financial responsibility requirement under subsection(14)below.
(9) Substitution of Financial Responsibility Mechanisms.
(A) An owner/operator may use any alternate financial responsibility mechanisms
specified above provided that at all times he maintains an effective financial responsibility
mechanism that satisfies the requirements of § 8-20.5-206.
(B) After obtaining alternate financial responsibility as specified in this Article 6, an
owner/operator may cancel a prior financial responsibility mechanism by providing notice to the
provider of financial responsibility.
(10) Cancellation by a Provider of Financial Responsibility.
If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of
• the provider as specified in subsection(11)below,the owner/operator must obtain alternate coverage
within 60 days after receipt of the notice of termination.If the owner/operator fails to obtain alternate
89
coverage within 60 days after receipt of the notice of termination,the owner/operator must notify the
Director of such failure and submit:
• (A) The name and address of the provider of financial responsibility;
(B) The effective date of termination; and
(C) The evidence of the financial responsibility mechanism subject to termination,
maintained in accordance with subsection (12).
(11) Reporting by Owner/Operator.
(A) An owner/operator must submit current evidence of financial responsibility to the
Director:
(i) Within 30 days after the owner/operator identifies a release from an UST, it is
required to be reported under Articles 4 or 5;
(ii) If the owner/operator fails to obtain alternate coverage as required by this Article 6,
within 30 days after the owner/operator receives notice of:
(aa) Commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy),U.S. Code,naming a provider of financial responsibility as a debtor,
• (bb) Suspension or revocation of the authority of a provider of financial responsibility to
issue a financial responsibility mechanism,
(cc) Other incapacity of a provider of financial responsibility; or
(iii) As required by subsections (4)(G) and (10).
(B) An owner/operator must certify compliance with the financial responsibility
requirements of this Article 6 as specified in the new tank registration form when notifying the
Director of the installation of a new UST under section 2-2-10.
(C) The Director may require an owner/operator to submit evidence of financial
responsibility as described in subsection (12)(B) or other information relevant to compliance with
this Article at any time.
(12) Record keeping.
(A) Owners/operators must maintain evidence of all financial responsibility mechanisms
used to demonstrate financial responsibility for an UST until released under subsection (14). An
owner/operator must maintain such evidence at the site or the owner's or operator's place ofbusiness.
Records maintained off-site must be made available upon request by the Director.
•
90
(B) An owner/operator must maintain the following types of evidence of financial
responsibility:
• (i) An owner/operator using a financial test of self-insurance must maintain a copy of the
chief financial officer's letter based on year-end financial statements for the most recent financial
reporting year. Such evidence must be on file no later than 120 days after the close of the financial
reporting year or 30 days from the date of the financial statement, whichever is earlier.
(ii) An owner/operator using a letter of credit must maintain a copy of the signed
agreement and copies of any amendments to the agreement.
(iii) An owner/operator using an insurance policy must maintain a copy of the signed
insurance policy,the certificate of insurance specified in subsection(5)(D)and any amendments to
the policy.
(13) Drawing on Financial Responsibility Mechanisms.
(A) The Director shall require the insurer,trustee,or institution issuing a letter of credit or
certificate of deposit to make available the amount of funds stipulated by the Director,up to the limit
of funds provided by the financial responsibility mechanism if:
(i) The owner/operator fails to establish alternate financial responsibility within 60 days
after receiving notice of cancellation of insurance, letter of credit, or other financial responsibility
• mechanism; and
(ii) The Director determines or suspects that a release from an UST covered by the
mechanism has occurred and so notifies the owner/operator or the owner/operator has notified the
Director of a release from an UST covered by the mechanism.
(B) The Director may draw on these available funds when:
(i) The Director makes a final determination that a release has occurred and immediate or
long-term corrective action for the release is needed,and the owner/operator,after appropriate notice
and opportunity to comply, has not conducted corrective action as required; or
(ii) The Director has received either:
(aa) Certification from the owner/operator and the third-party liability claimant(s) and
from attorneys representing the owner/operator and the third-party liability claimant(s) that a
third-party liability claim should be paid; or
(bb) A valid final court order establishing a judgment against the owner/operator for bodily
injury or property damage caused by an accidental release from an UST covered by financial
responsibility under this Article 6; and the Director determines that the owner/operator has not
satisfied the judgment.
• (14) Release from the Requirements.
91
An owner/operator is no longer required to maintain financial responsibility under this Article for an
• UST after any necessary corrective action has been completed and the tank has been properly closed
as required by these regulations.
(15) Bankruptcy or Other Incapacity of Owner/Operator or Provider of Financial
Responsibility.
(A) Within 10 days after commencement of a voluntary or involuntary proceeding under
Title 11 (Bankruptcy), U.S. Code, naming an owner/operator as debtor, the owner/operator must
notify the Director by certified mail of such commencement and submit a list of all affected UST
facilities.
(B) An owner/operator will be deemed to be without the required financial responsibility
in the event of a bankruptcy or incapacity of its provider of financial responsibility,or a suspension
or revocation of the authority of the provider of financial responsibility to issue an insurance policy,
letter of credit,or other financial responsibility mechanism.The owner/operator must obtain alternate
financial responsibility as specified in this Article within 30 days after receiving notice of such an
event.If the owner/operator does not obtain alternate coverage within 30 days after such notification,
he must notify the Director immediately.
(b) Reestablishment of Financial Responsibility.
(1) Whenever the required amount of financial responsibility has been reduced by
•
payment of claims due to a leak or spill at any facility; and the owner/operator is responsible for
another facility or other facilities then the owner/operator must immediately reestablish the ability to
pay the required amounts for any leak or spill occurrence at the additional facility or facilities.
(2) Whenever the required amount of financial responsibility for the owner/operator of a
single facility has been reduced by payment of claims due to a leak or spill occurrence at a facility
and the period of corrective action for that occurrence has been completed,the owner/operator must
then immediately reestablish the required amount of financial responsibility.
(c) Petroleum UST owners/operators who do not qualify for participation in the
Petroleum Storage Tank Fund must establish and maintain evidence of financial responsibility for
taking corrective action and for compensating third parties for bodily injury and property damages
according to one or more of the mechanisms allowable under 40 C.F.R. sections 280.95, 280.96,
280.97, 280.98, 280.99, 280.102, and 280.103. The required dollar amounts and deadlines are the
same as those in sections 280.90, 280.91, 280.92 and 280.93 of volume 40 of the Federal Register.
ARTICLE 7 EMISSION INSPECTION
7-1 Statement of Basis and Purpose.
• This regulation is promulgated to establish a fee to offset the cost of the Director to conduct emission
inspection of USTs, which are required to have installed pollution equipment.
92
7-2 Fee Schedule.
• The Director shall conduct an emission inspection of all USTs that are located in the geographical
area designated by Regulation#7 of the Department of Health 5 C.C.R. 1001-9 and which contain
petroleum distillate such as gasoline, to insure pollution control equipment is installed and is in
operating condition.The fee for this inspection of such tanks shall be twelve dollars,payable by the
tank owner/operator. The fee shall be payable to the Air Pollution Control Division, Colorado
Department of Public Health and Environment.
7-3 Statutory Authority.
Section 8-20-223.5.
ARTICLE 8 PETROLEUM STORAGE TANK FUND
8-1 Eligibility.
(a) Only the following persons are potentially eligible for reimbursement from the Fund,
provided they meet the other criteria:
(1) The current owner/operator; or
• (2) Any past owner/operator; or
(3) Other persons set forth in applicable statutes.
(b) An applicant making any claim against the Fund shall be held accountable for
compliance with the following requirements:
(1) Each applicant must meet the owner/operator criteria for corrective action as
established by the Director; and
(2) When required by the Director,an owner/operator must demonstrate that accurate and
complete records are maintained that confirm a release occurrence detected on or after July 1, 1989,
except for those occurrences contained in section 8-1(1); and
(3) Each owner/operator must have registered the tank(s) and paid the current and past
annual tank registration fees on a timely basis for each petroleum storage tank owned; and
(4) Each owner/operator must have paid the environmental surcharge applied to
petroleum products in Colorado; and must not be in default on any obligation caused by the
environmental surcharge; and
• (5) Each owner/operator must be in substantial compliance (as determined by the
Committee) with all Colorado laws and regulations that address the handling, storage, record
93
keeping,and dispensing of combustible and flammable liquids;including but not limited to Sections
230 and 231 of Title 8 Article 20 and Title 8 Article 20.5 of the Colorado Revised Statutes, 1986
• Replacement Volume as amended; and the current versions of Code 30 and Code 30A of the
National Fire Protection Association,to be eligible for participation in the Petroleum Storage Tank
Fund; and
(6) Each owner/operator must demonstrate evidence of financial responsibility of$10,000
dollars for corrective action and $25,000 dollars for compensation of personal injury and property
damage through the mechanisms or combination of the mechanisms contained in the financial
eligibility regulations established by the Director; and
(7) Each owner/operator must demonstrate that deductible allowable costs(the amount of
financial responsibility as defined in C.R.S. § 8-20.5-206 and 303,more commonly known as leak
cleanup costs of ten thousand dollars and third party liability costs of twenty-five thousand dollars
per leak occurrence) for corrective action as per C.R.S. § 8-20.5-208, 209, and 304 have been
exceeded; and
(8) Each owner/operator must comply with criteria for reporting of a release to the
Director, including but not limited to C.R.S. § 8-20.5-208.
(c) A mortgagee making any claim against the Fund shall comply with the following
requirements.
• (1) A mortgagee whose mortgage or deed of trust is dated before September 30, 1995 is
eligible to participate in the Fund if the mortgagee has acquired,by foreclosure or receipt of a deed in
lieu of foreclosure, the property on which the petroleum tank system is located and each of the
following conditions has been met:
(A) The mortgagee has not actively managed the property during the period that it held a
security interest; and,
(B) The mortgagee has notified the Director of its acquisition of the property by certified
mail (return receipt requested) or other documented delivery within 20 business days of the
acquisition, if acquired after September 30, 1995; and,
(C) The mortgagee has complied with all applicable corrective action requirements;and
(D) The mortgagee is not affiliated or related to the mortgagor.
(2) A mortgagee whose mortgage or deed of trust is dated on or after September 30,
1995, is eligible to participate in the Fund if the mortgagee meets all provisions of subsection (1)
above and has a Certificate of Eligibility issued pursuant to subsection(3)below.There must be an
operating petroleum storage tank system,which is not orphaned or abandoned,on the property at the
time a Certificate of Eligibility is issued.A Certificate of Eligibility may be issued at any time before
foreclosure or receipt of a deed in lieu of foreclosure;however,if the certificate is issued prior to the
• loan closing, the certificate will only be effective upon closing. A Certificate of Eligibility will not
cover contamination detected on a property before the Certificate of Eligibility is issued.
94
(3) A Certificate of Eligibility may be issued to a mortgagee if the site is in compliance
• with all applicable laws, and a Petroleum Storage Tank Status Sheet has been properly completed,
and one of the following subparts has been satisfied:
(A) For a petroleum UST system:
(i) Documentation has been provided to the Director showing that all petroleum storage
tanks and tank lines at the site passed a tightness test no more than 60 days preceding completion of
the Petroleum Storage Tank Status Sheet; or
(ii) Documentation has been provided to the Director showing tanks and lines at the site
are monitored by a properly installed and operating third-party certified monthly monitoring device;
or
(iii) Documentation has been provided to the Director showing that an environmental site
assessment performed no more than 60 days preceding completion of the Petroleum Storage Tank
Status Sheet indicates the site does not require initial site characterization or corrective action.
(B) For a petroleum AST system, documentation has been provided to the Director
showing that all underground lines at the site passed a tightness test no more than 60 days preceding
completion of the Petroleum Storage Tank Status Sheet and:
• (i) The AST system meets the standards in section 3-3-16 if installed before October 1,
1994; or
(ii) The AST system meets the standards for ASTs installed after September 30, 1994;or
(iii) Documentation has been provided to the Director showing that an environmental site
assessment performed no more than 60 days preceding completion of the Petroleum Storage Tank
Status Sheet indicates the site does not require initial site characterization or corrective action.
(4) A mortgagee who is eligible to participate in the Fund pursuant to these regulations
may sell the property and transfer the Certificate of Eligibility to the buyer. The buyer may
participate in the Fund pursuant to § 8-20.5-206(3) and 303(3) C.R.S.,provided:
(A) The buyer is not a former tank owner/operator of the site,or an affiliate or relation to
such a former tank owner/operator; and,
(B) The buyer, within three months of acquiring the property from the mortgagee,
completes and submits to the Director sufficient documentation to show that the site is in compliance
with applicable regulations;or,within three months of acquiring the property,the Director approves
a plan,submitted by the buyer,showing how and when the site will be brought into compliance;and,
(C) Within six months of acquiring the property,the buyer either provides documentation
• to the Director showing that an environmental site assessment indicates the site does not require
initial site characterization or corrective action,in which case the transferred Certificate of Eligibility
95
is no longer an operative document; or, provides to the Director documentation that petroleum
contamination is present on the property, in which case the transferred Certificate of Eligibility
• remains valid for the balance of the remediation,provided such remediation is conducted pursuant to
Colorado statutes and regulations.
(d) Only releases satisfying all of the following criteria shall be considered eligible:
(1) The release must be accidental in nature; and
(2) The storage tanks and related piping are regulated under these regulations and contain
petroleum product regulated by these regulations; and
(3) Subject to any Committee policies on reimbursement,the Director has approved the
design for corrective action at the site; and
(4) Subject to any Committee policies on reimbursement, the Director has determined
that the corrective action has,or when completed will have,adequately addressed the release in terms
of public health, welfare and the environment.
(e) Insurance companies or their agents are ineligible to make claims against the fund.
(f)(1) Only expenses incurred on or after July 1, 1989 are potentially eligible for
reimbursement. All expenses incurred before July 1, 1989 are ineligible for reimbursement.
• (2) For releases detected on or after December 22, 1988 but before July 1, 1989,expenses
incurred on or after July 1, 1989, are potentially eligible for reimbursement only if the original
application was submitted before January I, 1992. This January 1, 1992 deadline does not apply to
applicants determined to bear no responsibility for the release pursuant to statute.
(3) Expenses related to releases detected before December 22, 1988 are ineligible for
reimbursement.
(4) Expenses related to tanks closed in place or pulled before December 22, 1988 are
ineligible for the fund.This December 22, 1988 deadline does not apply to applicants determined to
bear no responsibility for the release pursuant to statute.
(g) In addition to the above, the following subsections apply to all AST's:
(1) AST's used to store petroleum products intended for aviation purposes, and AST's
used to store petroleum products intended for use by railroad locomotives, as well as ASTs not
regulated by these regulations, are not eligible for participation in the Fund.
(2) The Director will make positive eligibility recommendations to the Committee for
facilities that were in operation prior to October 1, 1994 provided that:
•
96
(A) Existing petroleum ASTs were installed and operated in substantial compliance with
the applicable Colorado laws and standards that were in effect at the time the tanks were installed;
• and
(B) Existing petroleum ASTs that were required to prepare and implement a "Spill
Prevention, Control and Countermeasures" Plan as specified in the Federal Code of Regulations 40
C.F.R. Part 112 were in substantial compliance with that requirement.
[Note: Installation and operating rules will usually be found in a version of the National Fire
Protection Codes 30 and 30A that was in effect at the time of installation]
(3) The Director will also make positive eligibility recommendations to the Committee
for facilities that were in operation prior to October 1, 1994,that are not able to demonstrate 100%
compliance with the rules in effect at the time they were installed, provided:
(A) There are no serious safety violations,and the safety concerns listed here are satisfied:
(i) Adequate ventilation either natural or forced must exist to guarantee that flammable
liquid vapors cannot build up to 25% of the lower flammable limit anywhere, because of the
presence of the tank facility in question.
(ii) Normal vent lines must be of sufficient capacity to ensure that no fuel drop will cause
the pressure inside the tank to exceed the test pressure.A spark arrester cap is required at the end of
• the vent line and it must be located "in the clear" and at least 12 feet above ground level.
(iii) A label such as U.L. 142, U.L. ABOVEGROUND TANK, or equivalent must be
attached to the tank to verify that it meets the emergency relief venting requirement of NFPA 30
Section 2-3.5 and that the construction methods used will result in a safe and sound tank.
(iv) Adequate spill control, overfill prevention control, and secondary containment
methods or devices must be provided and in regular use at the facility; and
(B) A Federal SPCC spill prevention control and counter measures plan for the facility
has been developed and followed if such a plan is required.
(4) The Director will consider closure of a facility and/or removal of non-compliant tanks
to be a mitigating factor in making his recommendation to the Committee.
(5) Nothing herein shall be construed to prevent the Committee from imposing
percentage reductions upon applicants who are in substantial compliance with regulations but not in
total compliance.
8-2 Reimbursement.
(a) The owner/operator of the petroleum storage tanks from which a release has occurred,
• or another person eligible pursuant to statute, and for which partial or completed corrective action
has been performed, or his duly authorized agent; may file an application for reimbursement.
97
(b) Claims for reimbursement shall be filed as follows:
• (1) Filing shall include an original application form.
(2) Documents shall be addressed to:
Petroleum Storage Tank Committee
Department of Labor and Employment
Division of Oil and Public Safety
633 17th Street,
Floor 5
Denver, CO 80202
(3) Documents shall be forwarded to the above address via one of the following:
(A) Regular mail;
(B) Certified mail, return receipt requested;
(C) Express mail or overnight delivery service, return receipt requested; or
(D) Hand delivery.
• (c) The date of filing of any document required to be filed with the Committee under
these regulations shall be the date postmarked on the return receipt or the receipt date stamped on the
document if there is no return receipt.
(d) An application for reimbursement shall be on a form provided by the Director and
shall contain any information required by the Committee or the Director, including the following:
(1) Legible copies of invoices, providing a description of:
(A) any work performed;
(B) who performed the work;
(C) where the work was performed;
(D) the dates the work was performed;
(E) the unit cost; and
(F) the total amount due or paid.
• (2) Evidence that the amounts shown on the invoices, for which reimbursement is
requested, have been paid in full by the claimant. The evidence must be either:
98
(A) Business receipts, indicating payments received;
• (B) Fronts and backs of cancelled checks;
(C) The certification of a certified public accountant that the expenses for which
reimbursement is requested have been paid in full; or
(D) Provided the parties are unaffiliated and unrelated,a notarized affidavit signed by the
person who performed the corrective action, affirming that the amounts which the applicant
represents as being paid to him were paid in full.
(3) An estimate of the costs, if any, of corrective action which has not yet been
completed,but for which reimbursement ultimately may be claimed.This estimate may be used for
planning purposes only and will not be binding for the purposes of payments from the fund.
(4) Any other information, which the Committee may reasonably require.
(e) Subject to Committee policies regarding reimbursement,all applicants must comply
with all corrective action requirements and a corrective action plan (including a technical and
economic feasibility study) must be approved before costs, which would be associated with the
corrective action are eligible.The applicant can be required to provide proof that all corrective action
requirements have been met.
i (0 The applicant may file the application at any phase of the corrective action subject to
any policies adopted by the Committee.
(g) Incomplete submittals shall suspend processing of applications.
(h) The following technical information may be required by the Committee or the
Director as part of any application for reimbursement:
(1) A detailed account of what corrective action has been taken, why specific actions
were taken, when,by whom, and with what results.
(2) An estimate of other corrective action measures that may be required to remediate the
facility and the estimated time required to complete such measures.
(3) The most recently required annual line and tank tightness test and release detection
records covering the six month period prior to a release or detection of contamination.
(4) If the Director or the Committee has any information indicating a separate release
may have occurred, documentation that a release being cleaned up is not a new release requiring
payment of a separate deductible.
•
99
8-3 Allowable Costs.
• (a) Only those costs,which are allowable costs,pursuant to the terms of this section,shall
be subject to reimbursement.
(b) Allowable costs are those costs and expenses, which arise directly from the
performance of necessary corrective action in accordance with the requirements of the Director
subject to the limitations prescribed by this section.
(c) Allowable costs shall include but not be limited to the following:
(1) Abatement of impacts and immediate threats of impact to human health, safety,and
the environment;
(2) Temporary provision of a water supply utilized specifically for domestic
consumption;
(3) Collection and analysis of surface and subsurface soil and water, free product, and
vapor samples;
(4) Emplacement of soil borings and/or monitor wells for remediation purposes;
(5) Removal, storage, treatment, recycling, transport, and disposal of free product,
• sludges,vapors,contaminated soils,contaminated water and other wastes and contaminated articles,
in accordance with applicable laws;
(6) Removal and disposal (including transport)of soils and pavement where removal is
necessary to the performance of corrective action;
(7) Identification and testing of affected or potentially affected drinking water sources;
(8) Design of plans for site assessment and remediation;
(9) Acquisition, installation, startup,operation and maintenance of site assessment and
remediation systems, including monitoring;
(10) Temporary relocation of utility structures when necessary to the performance of
corrective action;
(11) Preparation of technical reports required pursuant to the requirements of these
regulations;
(12) The fair market value of access to property outside of the facility boundaries where
such access is necessary for the performance of corrective action;
•
100
(13) Performance of any corrective action measure, which is specifically required by a
section of these regulations, or an order of the Director, or a written request or confirmation by the
• Committee;
(14) Equipment costs which are related solely to remediation. If the equipment is
purchased with fund money,the reimbursement amount shall be reduced by any salvage value of the
equipment.
(15) Any other costs determined by the Committee to be allowable in accordance with the
provisions of these regulations.
(16) Costs associated with preparing and filing an application for reimbursement not to
exceed I%of the net allowable reimbursement per application up to a maximum of$2,000 per event.
8-4 Unallowable Costs
(a) Even if an application is eligible for reimbursement,the following types of costs are
not allowable costs:
(l) The cost of replacement, repair, and maintenance of affected tanks and associated
piping.
(2) The cost of upgrading existing affected tanks and associated piping,including but not
• limited to the costs of corrosion protection, release detection, spill and overfill protection, or any
other upgrading required.
(3) The loss of income or profits, including without limitation, the loss of business
income arising out of the review,processing, or payment of an application or request for assistance
under these regulations.
(4) Decreased property values.
(5) Bodily injury or property damage except for injuries or damages suffered by third
parties.
(6) Fees for legal services.
(7) Any costs associated with prosecuting an application for reimbursement under these
regulations.
(8) The costs of making improvements to the facility beyond those that are required for
corrective action.
(9) Costs,including those associated with contamination assessments performed,for any
purpose,where no petroleum remediation or corrective action is required,by state law or procedures.
• (10) Costs of compiling and storing records relating to costs of corrective action.
101
(11) Costs of corrective action taken in response to the release of a substance,which is not
• eligible as defined in these regulations relating to eligibility.
(12) Costs of system integrity testing.
(13) Any activities,including those required by these regulations,which are not conducted
in compliance with applicable state and federal environmental laws, including laws relating to the
transport and disposal of waste.
(14) Penalties or payment for damages assessed by the Committee, Director, the
Department of Public Health and Environment, and/or the federal government.
(15) At the Committee's sole discretion, claims for reimbursement relating to a tank
owned or operated by a person who has been convicted of a violation of any law or rule that relates
to the installation, operation, or management of petroleum storage tanks.
(16) Costs in excess of those considered reasonable by the Committee.
(17) At the Committee's sole discretion, cleanup costs resulting from negligence or
misconduct on the part of the owner/operator or applicant.
(18) Subject to Committee policy, costs incurred during the closure of a tank.
• (19) Costs for the rental of equipment owned by the applicant if the equipment was
purchased by the Fund.
(20) Interest paid on loans.
(21) Costs that are a part of normal business expenses (i.e. insurance charges).
(b) Any attempt by an applicant to claim reimbursement under circumstances when the
applicant knew or should have known (this includes knowledge held by the applicant's
environmental consultant) that some or all costs would be unallowed authorizes the Committee to
reduce otherwise allowable costs submitted by the applicant (whether on the same or a different
application).Any reduction imposed under this section shall be equal to the amount of the unallowed
costs. This subsection applies only to the unallowed costs in subsections 8-4(a)(7), (8), (9), (12),
(14), (18), and (19) above and only to applications received after March 1, 1997.
8-5 Reasonable Costs.
(a) For purposes of these regulations, "Reasonable Cost" means that amount or range
which is commensurate with the level of corrective action necessary to assess and remediate a site.
"Reasonable Cost"is determined by the Committee based on an evaluation of technical effectiveness
and cost effectiveness as well as typical costs expected for the particular corrective action under
• review, with respect to the necessary or required scope and complexity of the action.
102
(b) No cost is reasonable unless it is also an allowable cost pursuant to these regulations.
• (c) The applicant shall be responsible for diligently pursuing remediation/cleanup
operations as befits the site.
8-6 Determining the Number of Occurrences.
(a) All releases at a facility,which are detected before the initial site characterization is
complete, will be considered part of one release.
(b) Notwithstanding any regulation to the contrary, releases at a facility may be
considered by the Committee either as single or separate occurrences when doing either would:
(I) Make the most efficient use of the fund; or
(2) Provide the most effective protection to the environment or best provide for public
health and safety.
8-7 Committee Review of Application.
(a) The Committee shall review each eligible claim received and make a determination of
reimbursement,inform the applicant of its determination and,as appropriate,reimburse the applicant
from the fund.
• (b) Prior to approval of reimbursement,the Committee shall affirmatively detumine that:
(1) Claimed reimbursement expenses are:
(1) Eligible costs; and
(ii) Actually,necessarily and reasonably incurred for the preparation or implementation of
a corrective action plan approved by the Director or for eligible third party damage.
(2) The applicant is:
(i) Eligible for reimbursement; and
(ii) In substantial compliance with all applicable rules and regulations.
(c) An application which does not contain all the information required,may be rejected
by the Committee, without prejudice. Rejection of the application by the Committee does not
prevent the applicant from filing another application for the same occurrence.
(d) The Committee is not required to commence the substantive review of an application
until receipt of all information required from the applicant and the Director determines the claim is
• properly and fully completed.
103
(e) If, during the course of the substantive review, additional information of the type
required by these regulations is needed to evaluate this application,the applicant maybe required to
• provide such additional information.Further review of the application may be postponed until such
information is received.
(f) The Committee's approval of the proposed remediation program(s) shall not be
considered a finding or guarantee of safety or effectiveness of the program(s). Nothing in these
regulations shall be construed to abrogate or limit the immunity or exemption from civil liability of
any agency, entity or person under any statute including the Colorado Governmental Immunity Act,
Article 10 of Title 24 or Section 13-21-108.5 C.R.S.
(g) The approval and disbursement of funds by the Fund and/or Committee does not
constitute transfer of ownership of any contaminated soils,equipment, or related items relating to a
remediation program. Ownership of any and all items relating to remediation programs will remain
the property of the applicant.
8-8 Fund Payment Report.
(a) Upon completion of the review of an application,the Committee shall prepare a Fund
Payment Report, indicating which of the applicant's claims the Committee believes should be
reimbursed and which claims should not be reimbursed.If the Committee finds that any claim should
not be paid to the full amount claimed,it shall briefly state the reasons in its report. The Committee
shall submit a copy of its report to the applicant.
• (b) The applicant shall review the Fund Payment Report and shall,if dissatisfied with any
facts therein,file a written protest with the Committee within 60 days of the date of the report.If the
applicant does not file a written protest within the 60 days,the applicant will have waived its right to
object to anything covered by the report. After the 60 days, everything regarding the application,
including the amount of reimbursement and percentage reductions (including any reductions
applicable to future applications), will be deemed final.
(c) The protest must be signed by the applicant and contain any information required by
the Committee or the Director,including a clear statement of each item which the applicant disputes
on the Committee's Fund Payment Report.
(d) The protest shall be submitted on a form provided by the Committee or the Director.
8-9 Miscellaneous Regulations.
(a) Nothing in these regulations precludes the Committee or the Director from issuing
orders, assessing administrative penalties, or taking any other action permitted by law against any
person for violation of any statute, rule or order.
(b) Nothing in these regulations changes the responsibilities of an owner/operator of a
storage tank to respond to a release of regulated substances or to comply with any other
• requirements, statutes, rules or orders, and state or federal laws.
104
(c) No person shall knowingly submit false information to the Committee as part of any
materials required to be submitted under these regulations.
• (d) If an applicant owes money to the Fund or to the Director,including but not limited to
penalties or past registration fees,the amount owed will be deducted from any amount reimbursed to
the applicant.
•
•
105
Hello