Petroleum Guidance Guide
Executive Summary
The Oil and Public Safety (OPS) Division of the Colorado Department of Labor and Employment regulates aboveground and underground storage tanks used to store petroleum, alternative fuels, or lubricants in Colorado as described in the Colorado Code of Regulations at 7 CCR 1101-14. The OPS Colorado Storage Tank Information System - Interactive (COSTIS-IA) database provides a history for each regulated facility within Colorado. The OPS Remediation Section publishes this guidance document to assist facilities that experience a suspected or confirmed release of a regulated substance to the environment, i.e., anywhere outside of the petroleum containment system.
In the event of a suspected release from an OPS-regulated storage tank system, tank owners/operators are required to notify OPS within 24 hours, test the integrity of the storage system, and provide inventory and testing data to the OPS within ten (10) calendar days. In addition, a site check (involving the collection and laboratory analysis of soil, water, and/or soil vapor samples from likely release areas) may be requested. Results from the site check must be submitted to OPS within 30 calendar days. Protocols for both of these actions are defined in Article 4 of OPS regulations.
If a release to the environment is confirmed, the tank owner/operator must notify OPS within 24 hours, proceed with emergency response actions as necessary, and complete an SCR (Site Characterization Report) within 180 calendar days from the release discovery date. Protocols for these actions are defined in OPS regulations (Article 5). Unless otherwise directed by OPS, a CAP (Corrective Action Plan) will be due to OPS within one (1) year of the earliest release discovery date.
OPS utilizes a risk-based approach to assess and remediate confirmed releases. If the release can be quickly and completely remediated, the owner/operator may request a NFA (No Further Action) determination for the site from OPS. Otherwise, periodic monitoring on a quarterly or more frequent basis may be required while the owner/operator completes the SCR to define the extent of the release. Once the extent and severity of the release have been determined, a CAP may be required to remediate contamination exceeding OPS risk-based standards. OPS-approved corrective actions must be implemented promptly and continue until the corrective action meets its goal, and OPS agrees.
Tank owners/operators and non-responsible parties can seek eligibility to the Colorado PSTF (Petroleum Storage Tank Fund) for reimbursement of reasonable eligible costs incurred addressing the investigation and remediation of a confirmed release. Costs are reimbursed in accordance with OPS Reasonable Cost Guidelines (RCGs) or negotiated with OPS staff prior to work commencement.
OPS has collaborated with environmental consulting companies to develop a CO-REPs (Colorado Recognized Environmental Professional) Program identifying experienced environmental consulting companies. These entities agree to follow appropriate laws and standard industry practices, and are expected to be knowledgeable about OPS technical requirements and various cost reimbursement programs. OPS encourages utilizing CO-REPs to respond to suspected and confirmed releases.