What's New with Petroleum?
Important Update: Lab Report Certification Change
Beginning January 1, 2025, OPS Petroleum Remediation will require all Lab Reports to be Certified (the PDF must be locked and uneditable before being received by the consultant). This will ensure the PDF Lab Reports cannot be altered after they leave the lab's possession.
OPS will post instructions on uploading the Lab Reports to the FTP Website in the coming days.
If you have any questions or concerns or cannot comply, don't hesitate to contact Mary White, marykv.white@state.co.
Proposed Regulation Changes
The Division of Oil and Public Safety (OPS) is revising the Colorado Petroleum Storage Tank Regulations (7 CCR 1101-14). A draft of the proposed regulation changes was presented during a July 8th, 2024 stakeholder meeting (online). A second stakeholder meeting (in person) is planned for 10:00 a.m. on Tuesday, July 30th, at the OPS office in downtown Denver:
Division of Oil and Public Safety
633 17th St, Floor 5, Room 5C
Denver, CO 80202
OPS encourages you to review the proposed changes, provide public comment, and attend the in person stakeholder meeting on July 30th if you are interested in participating.
The regulation revisions include:
- The adoption of current ASTM International and National Institute of Standards and Technology (NIST) fuel quality codes and new volatility requirements for Colorado fuels
- The clarification of periodic system testing requirements while in temporary closure
- The alignment of aboveground storage tank rules with National Fire Protection Association (NFPA) codes
- The introduction of Certified Aboveground Storage Tank Installer requirements
- Revisions to the definitions of confirmed and suspected releases
- Updates to our soil and soil vapor cleanup standards, and
- The introduction of a percent deductible for reimbursement.
If you have questions about the Petroleum Storage Tank Regulations or for follow up comments about the changes, please email cdle_ops_public_comment@state.co.us.
Reasonable Cost Guidelines (RCG) Update
OPS is proposing changes to the Reasonable Cost Guidelines. Below is a link to the presentation from the June Petroleum Storage Tank Committee meeting. Please contact Jenna Calkins, jennifer.calkins@state.co.us, or Mary White, marykv.white@state.co.us with questions.
REVISED 2024 Reasonable Cost Guidelines Proposed Rate Changes - June PSTC Meeting
Changes to Policy 29 - UST Removal Reimbursement
Policy 29 was created in 2019 in an effort to reduce the environmental risk posed by an aging tank population by providing a financial incentive to have them removed. On March 15, 2024, the Petroleum Storage Tank Committee proposed changes to Policy 29 that include doubling the incentive from $1 per gallon to $2 per gallon of UST volume removed for tanks installed before August 2008, and creating a $1 per gallon incentive for removal of tanks installed thereafter. Please review the proposed Policy 29 changes and provide comments to cdle_ops_public_comment@state.co.us before the April 19th, 2024, Committee meeting.
Percent Deductible
Colorado Senate Bill SB23-280 allowed OPS to consider an alternative to the Petroleum Storage Tank Fund's standard $10,000 deductible. During the Petroleum Storage Tank Committee meeting on February 16, 2024, OPS presented our analysis and recommendation for a 10% deductible for the first $100,000 of reimbursement, followed by a 1% deductible for reimbursement beyond that.
OPS believes this change would encourage release reporting and prompt assessment, reward efficient remediation, and provide reimbursement for more releases. OPS is accepting public comment on the proposed change via cdle_ops_public_comment@state.co.us, and we anticipate a stakeholder meeting in April 2024 to finalize the potential change.
Proposed Reasonable Cost Guidelines (RCG)
OPS is proposing changes to Reasonable Cost Guidelines to be effective July 1, 2023. Below is a link to the proposed RCG rates as well as a presentation from the May Petroleum Storage Tank Committee meeting. OPS is accepting public comment on these changes before the June 16, 2023, Committee meeting via cdle_ops_public_comment@state.
2023 RCG Presentation - May PSTC
Environmental Response Surcharge
Effective May 1, 2023 the Environmental Response Surcharge will be reduced to $50 per tanker. Please contact Jenna Calkins, jennifer.calkins@state.co.us, with questions.
2022 Reasonable Cost Guideline (RCG) Update
On June 17, 2022, the Petroleum Storage Tank Committee approved an average 15.6% increase to the Reasonable Cost Guideline (RCG) rates for labor (Task Labor Codes 5.1 through 5.9) and an increase to associated labor-based rates (4.1, 4.2, 4.3, 7.1, and 7.2). The increases align with Consumer Price Index (CPI or inflation) data for the Denver metro area since 2019 as published by the Colorado Department of Local Affairs. The new rates are effective July 1, 2022:
These rates can be used for Corrective Action Plan and Economic Feasibility Summary preparation starting July 1, 2022, and they can be incorporated into reimbursement requests for work performed after July 1, 2022.
The new rates are reflected on the “TLC items” worksheet of the revised Corrective Action Plan (CAP) report template on the Remediation Report Formats web page, and in the RCG Rates on the Remediation Guidance Documents web page.
The CAP/EFS report format, CAP and EFS instructions, and RCG Guidance Document provided on our Remediation Report Formats web page have been updated to reflect the 2022 rates.
If you have questions, please contact Jenna Petropulos at jennifer.petropulos@state.co.us.
RCG Stakeholder Meeting
The RCG Stakeholder meeting was held on May 10th. Below is the link to the recording of this meeting as well as the presentation. OPS is requesting additional comments and suggestions. Please feel free to either utilize the Reasonable Cost Guideline (RCG) Input form, or submit your inquiries or suggestions to cdle_ops_public_comment@state.co.us.
OPS will present this information again at the Friday, May 20th PSTC meeting. Public comments related to these RCG changes will remain open for 30 days from the date of the meeting.
New Address for Payments
We are still taking online payments. This change only applies to payments being mailed. Please send all payments to the address below. If you need a W-9, please send an email to sandi.johnson@state.co.us
Division of Oil and Public Safety
633 17th Street, Suite 500
Denver, CO 80202-3610
Proposed Changes to Policy 29
Please see the proposed changes to Policy 29 by the Petroleum Storage Tank Committee. These proposed changes are recommended to define "Entire UST System" in regards to the tank being removed and eligible for reimbursement. This proposal is open to public comment for 30 days, closing on, May 22, 2021, and will be reviewed by the Committee Members. Please email your comments to Jenna Petropulos at jennifer.petropulos@state.co.
PSTC Meeting: February - Canceled
The Petroleum Storage Tank Committee meeting that was scheduled for February 18 has been canceled.
If you have any questions, you may contact Luz Duque at luz.duque@state.co.us.
COSTIS-IA is Live!
Our new petroleum database is up and running. We are doing a soft go-live with the community meaning that this is only unauthenticated functionality at the moment and we are going to have further testing for the authenticated portion. We have already identified our testers and will be reaching out to them when we are ready to have them test the authenticated portion of COSTIS-IA.
We have also added a COSTIS-IA Help Ticket Form so you can report any issues or suggestions that you have for the community. To help you learn and search within the community, we have created this quick reference guide to unauthenticated searches in COSTIS-IA.
We greatly appreciate you partnering with us to create this database and we look forward to the ease it brings with interacting with you, our stakeholders.
One Year Extension of the 2020 Tank Removal Incentive
The Petroleum Storage Tank Committee approved an extension of the 2020 Tank Removal Incentive to December 31, 2021. View the new 2021 Tank Removal Incentive!
Proposed Changes to Policy 26
Please see the proposed changes to Policy 26 by the Petroleum Storage Tank Committee. These proposed changes recommend decreasing the time frame to submit costs for reimbursement from two years, down to one year from the date incurred. This proposal is open to public comment for 30 days, closing on, May 22, 2021, and will be reviewed by the Committee Members. Please email your comments to Jenna Petropulos at jennifer.petropulos@state.co.
Petroleum Stakeholder Meeting: April 14, 2021
If you were unable to attend the Petroleum Stakeholder meeting on April 14, 2021. Here is the recording of the meeting.
REP-Effective CAP Preparation Course: December 23, 2020
OPS-Remediation will provide a webinar on CAP Preparation. An experimental agenda will be limited to 35 people to attend the training and complete an exercise. Current REPs who have not yet completed this training will be given priority, then non-REPs, then repeat attendees.
This training is worth 5 PDHs and will occur in two portions: from 9:00 am to 12:00 pm, and a second review portion from 3:15 pm to 4:00 pm the same day. You should reserve up to 1.25 hours during the afternoon to complete the exercise assignments on your own. Your results from the exercises will need to be submitted by 3:00 pm, so the interactive review/discussion session can occur on time. The exercise assignments will be uploaded to the Webinar at the 12:00 pm lunch break.
Register for the REP Effective CAP Preparation Webinar now!
September 25, 2020: REP CSM Training Course
The Colorado Division of Oil and Public Safety (OPS) will provide the final offering of the Conceptual Site Model (CSM) Development training course for the Recognized Environmental Professional (REP) continuing education program on Friday September 25, 2020. This course was previously scheduled as a classroom training for April 2, 2020 but was postponed due to COVID-19.
Register for the REP CSM Training Course Here
Reid Vapor Pressure (RVP) waiver for April and May 2020
The Division of Oil and Public Safety is providing a waiver of the ASTM D4814 requirement referenced in our Storage Tank Regulations (7 C.C.R 1101-14 Section 1.5-4). View the waivers below for more information.
New Unattended Fueling Guidance
April 2nd REP CSM Training Course Postponed
The Recognized Environmental Professional (REP) continuing education course titled Conceptual Site Model Development that was scheduled for April 2, 2020, has been postponed until a later date, most likely in June 2020. REPs who have not taken this course will be notified of the rescheduled date as soon as possible.
Qualified Service Technicians
Effective January 1, 2020, the majority of work performed on UST systems in Colorado must be conducted by a state-certified Qualified Service Technician. Tasks include, but are not limited to the following:
- Installation, repair, replacement, maintenance, and calibration of all UST leak detection monitoring equipment.
- Repair or maintenance work on in use UST systems, including replacement of components such as spill buckets, overfill prevention devices, and ancillary piping components such as flex connectors and penetration fittings located within sumps and under-dispenser containment.
- Annual monitoring system functionality testing and certification.
- Secondary containment testing, including initial testing of newly installed secondary containment systems.
Individuals who would like to be certified as Qualified Service Technicians must submit an application to OPS with documentation showing he/she passed the PEI Entry-Level Service Technician Training Course and the PEI RP900 exam.
One Year Extension of the 2019 Tank Removal Incentive
Petroleum Clean Up and Redevelopment Fund Story Map
Check our new PCRF Brownfields Story Map. This story map includes information about what a Brownfield is, the story of how OPS got involved with the Brownfields Program, OPS Brownfield success stories, additional funding incentives and so much more.
Spill Bucket Repair/Replacement Following a Failed Test
As underground storage tank (UST) owners test their spill buckets in advance of the January 1, 2020 deadline, OPS is becoming aware of challenges with contractor scheduling and equipment supplies. As a result, OPS is allowing up to 15 days following a failed spill bucket test for a tank owner to complete the necessary spill bucket repair or replacement. If repairs cannot be made after 15 days, either by chemical or mechanical means, the delivery prohibition will be invoked. Additionally, OPS reserves the right to apply delivery prohibition in, particularly high-risk situations.
If a spill bucket fails an integrity test by visual inspection, hydrotest, or vacuum test, the tank owner must do the following:
1. Report the failed spill bucket test as a confirmed release to the OPS Technical Assistance Line at 303-318-8547 within 24 hours.
2. Review the Spill Prevention Equipment Repair Guidance and schedule spill bucket repair or replacement as soon as possible in order to avoid potential environmental contamination and delivery prohibition.
3. Schedule an environmental site assessment to fulfill the requirements of the request from OPS for a Site Characterization Report. Consider that assessment directly under the spill bucket is only possible if the bucket is going to be replaced.
4. Notify OPS of the results of the repair/replacement and followup integrity test results using the Minor Equipment Repair Form.
Approved RCG Changes Effective July 1, 2019
The Petroleum Storage Tank Committee (PSTC) approved changes to the Reasonable Cost Guidelines (RCGs) that were proposed by OPS staff at the May 17, 2019 PSTC meeting. Subsequently, OPS received feedback from the REP Peer Group regarding the continuous soil sampling requirement included for drilling Task and Labor Code 2.1.
As pointed out by the REP Peer Group, the continuous soil sampling requirement was not included in the previous RCG proposal presented at the March 15, 2019 PSTC meeting. Therefore, the opportunity for stakeholder comment was not provided regarding the continuous soil sampling requirement. In addition, there are instances where continuous soil sampling is not technically feasible or necessary (e.g. bedrock lithology, deep water table, distal POC wells). As a result, the continuous soil sampling requirement has been removed from Task and Labor Code 2.1, and Task and Labor Code 2.99 has been restored to utilize as needed for continuous soil sampling costs.
However, as also pointed out by the REP Peer Group and specified in the Site Characterization Soil Sampling section of the OPS Petroleum Guidance, soil borings and monitoring wells in source areas should be continuously sampled when technically feasible. Employing 5-foot soil sample intervals is discouraged when defining the extent and distribution of contamination in source areas because it will create data gaps by design. The success of a corrective action plan is dependent on an effective site characterization, which includes delineating source areas, characterizing heterogeneity (high flux vs. mass storage zones), and identifying targeted treatment areas requiring remediation.
The 2019 RCG changes will be reflected in Version 2.1 of the Corrective Action Plan Report, effective July 1, 2019.
SPA Approval for UST Regulations
CDLE-OPS received final State Program Approval (SPA) from the U.S. Environmental Protection Agency (EPA) on July 19, 2019 for the Underground Storage Tank (UST) Program. CDLE-OPS submitted a complete program revision application to EPA on July 6, 2018 seeking EPA approval of Colorado's revisions corresponding to the EPA final rule published on July 15, 2015. The final approval of CDLE-OPS' UST revisions and codification can be viewed on the Federal Register.
2019 Incentive Program
The Petroleum Storage Tank Committee approved an incentive for 2019 effective March 17, 2019. View the document for more details about how to apply.
New Temporary Closure Forms Available
We updated our Temporary Closure forms for USTs/ASTs and created a new Request for Temporary Closure Extension form.
Please take a moment to retrieve and review these forms on our Tank Compliance page.
Please use the new Notice of Intent to Place Tanks into Temporary Closure forms for both Aboveground and Underground tanks going forward, as well as the Temporary Closure Extension Request form when appropriate. Please discontinue use of the older forms as they may be returned.
Policy 29 Approved
The Petroleum Storage Tank Committee voted to adopt Policy 29, effective March 18, 2019.
Updated Petroleum Guidance for Suspected Releases
The revised Petroleum Storage Tank Regulations became effective March 17, 2019, and they include changes to Article 4 for suspected release identification, reporting, and response to better align OPS regulations with EPA regulations.
To aid tank owners/operators in complying with these regulation changes, the Release Discovery and Reporting section of the online Petroleum Guidance will be revised with an updated Release Reporting Process Diagram and an updated diagram of Examples of Suspected Releases.
Memorandum: Tier III and Tier IV Closure Update
The Petroleum Program has made updates to the requirements for Tier III and Tier IV closures. We have created a memorandum to describe these updates, so please read it to learn more.
If you have any questions, please contact Rob Herbert at robert.herbert@state.co.usor Tom Fox at tom.fox@state.co.us.
View the Memorandum ‚Üí
REP Program Now in Effect
OPS is pleased to announce that Recognized Environmental Professionals (REPs) have replaced Individual Listed Consultants effective January 1, 2018. The REP designation better aligns decision-making responsibility between OPS, environmental consultants and responsible parties by identifying environmental consultants who can demonstrate decision-making experience on environmental characterization and remediation projects.
Read the REP Professional Fact Sheet for more information about this change.
Petroleum Cleanup and Redevelopment Fund Now Accepting Applications
Funding is now available to help revitalize petroleum storage tank properties that are not eligible for reimbursement from the Petroleum Storage Tank Fund! Visit the Petroleum Brownfields Program page for more details.
Three-Year Limitation to Submit Reimbursement Requests
As of January 1, 2018, the limit to submit costs for reimbursement is now three years.
This limit will be further reduced to two years beginning with applications received after January 1, 2020.
Contact Jennifer Petropulos at 303-318-8554 or jennifer.petropulos@state.co.us if you have any questions.
Update: Task and Labor Code 6.9
At the May 19 meeting, the Petroleum Storage Tank Committee (PSTC) voted unanimously to reduce the Reasonable Cost Guideline (RCG) rate for Task and Labor Code (TLC) 6.9 for analysis of BTEX/MTBE/TVPH by EPA Method 8260 from $115 to $65 (or $70 for laboratories with a physical presence in Colorado). This reduced rate will be effective for analysis performed on and after July 1, 2017. In addition, applicants seeking reimbursement from the Colorado Petroleum Storage Tank Fund will need to use laboratories that are nationally accredited.
Earlier this year the PSTC directed OPS to investigate whether rates for TLC 6.9 were excessive, as many laboratories were providing this service for less than half the RCG rate.
The decision to reduce the rate was based on:
- A review of actual rates that were reimbursed for this analysis over the last three years;
- Rates reimbursed by other state programs; and
- Input from laboratories currently performing this analysis in Colorado.
TLC 6.9 is the most common analysis performed.