What's New with Petroleum?
Final Offering of CSM Course for REPs Scheduled for April 2, 2020
OPS will provide the fourth offering of the Conceptual Site Model (CSM) Development course on Thursday, April 2, 2020, starting at 9:00 am. The CSM Development course is a continuing education requirement for all REPs, and both current and prospective REPs should attend. REPs who took this course on either July 18, 2018, or July 26, 2018, or March 1, 2019, do not need to take it again.
Space is limited, so sign up now!
If you have any questions, please contact Rob Herbert, Remediation Supervisor, at firstname.lastname@example.org or 303-318-8543.
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.
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.
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.
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 email@example.com if you have any questions.
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.