1

Release of a Regulated Substance

A release is the loss of a regulated substance into the environment (i.e., outside of the storage and delivery system).

What is a regulated substance?

OPS regulates petroleum products from all USTs with a capacity greater than 110 gallons with some notable UST exemptions:

  • On-site heating oil tanks
  • Farm or residential tanks with a capacity of 1,100 gallons or less for non-commercial purposes
  • Stormwater or wastewater collection systems
  • Oil-water separator tanks
  • Process flow-through tanks

OPS regulates fuel and lubricants from all ASTs with a capacity of 660 gallons to 39,999 gallons with some notable AST exemptions:

  • Tanks located on farms or residential properties.
  • Tanks associated with oil or gas production.
  • Tanks at transportation-related facilities regulated by the federal department of transportation.
  • On-site heating oil tanks.
  • Tanks at construction or earth-moving sites.

The Colorado Petroleum Storage Tank Regulations Articles 2-1-1(b) and 3-1(b) provide a full list of exemptions. Table 4 provides a list of OPS-regulated substances and identifies the lead agency for remediation and eligibility into the PSTF.

In order for OPS to properly identify and communicate with a facility owner who may become a responsible party for a release, federal and OPS regulations require that a facility owner/operator must submit an updated registration within 30 calendar days of a petroleum storage tank (PST) system ownership change (7 CCR 1101-14 2-2-3(d)).

OPS recommends contracting with a CO-REP (Section 14) to guide OPS-required release response and reporting. Valuable release characterization data may be obtainable during system repairs, therefore, OPS recommends coordinating environmental contractors with repair contractors to assess and collect data from potential source areas during repairs (Section 9.3.1).

There are two (2) types of regulated substance releases: suspected and confirmed. Releases may be discovered under various scenarios and the required investigation steps will vary accordingly.

Suspected Release

A suspected release is a situation where a regulated substance may have entered the environment from a facility's PST system. The following conditions require reporting of a suspected release from a regulated UST or AST system to the Director within 24 hours by telephone (303-318-8547), or by the OPS Release Reporting Form provided on the OPS website.

Below are scenarios which require a suspected release be reported to OPS:

  1. A failed test for a petroleum system component(s) that is within secondary containment or does not routinely contain a regulated substance.
  2. The discovery of regulated substances within the secondary containment of the storage tank system.
  3. Unusual operating conditions observed by owners and operators (e.g. erratic behavior of product dispensing equipment, the sudden loss of product from the storage tank system, an unexplained presence of water in the tank).
  4. Monitoring results, including investigation of an alarm, from a release detection method that indicates a release may have occurred, unless:
    1. the alarm is investigated and determined to be false (e.g. from a power surge or caused by filling the tank during release detection testing), or
    2. the monitoring device is:
      1. found to be defective,
      2. repaired, recalibrated, or replaced within three (3) days, and
      3. additional monitoring does not confirm the initial result.
  5. Inconclusive or failed SIR results when the results are not overturned within 24 hours from initial discovery.
  6. The discovery of regulated substances:
    1. outside of the storage tank system (e.g. LNAPL or vapors in soil, basements, or utility lines; or the presence of contamination in surface, ground, well, or drinking water),
    2. at the facility or in the surrounding area,
    3. when the source of the contamination is not known.

Suspected Release Investigation Steps

In response to a suspected release, the owner/operator responsible for the suspected release must:

  1. Within 24 hours, call the OPS Technical Assistance Line at (303) 318-8547 (leave a message) or file an online report at https://ops.colorado.gov/petroleum.

    Please provide the following information:

  • Facility name, address, and facility ID number, if known.
  • Date the suspected release was discovered (i.e., became known to the owner/operator).
  • What happened (including product type, amount of product released, cause of the release, and response actions taken).
  • Facility Owner’s and caller’s contact information.
  1. Perform a system test of the secondary containment vessel and/or in portions of the tank system that may be responsible for the suspected release.
    1. If the test results indicate a release to the environment may have occurred, contact OPS within 24 hours.
    2. All system test results must be submitted within 10 calendar days of the discovery of the suspected release.
  2. Perform a site check where contamination is most likely to be present.
    1. Owners/operators must collect representative soil and groundwater samples for laboratory analysis from appropriate locations and depths near the suspected source(s) (e.g., tanks, lines, dispensers) and/or in areas of stained soils, soils with petroleum odors, or elevated field screening readings to determine if a release the environment has occurred. All site check results shall be submitted within 30 calendar days of the discovery of the suspected release.
    2. All solid waste generated from the site check 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 CDPHE.

Suspected Release Examples

Contact OPS to report a suspected release within 24 hours for all of the following example scenarios.

A. The primary line of a double-walled distribution line fails tightness testing. Report the situation, complete a follow-up tightness test on the outer double-wall, and report testing results. If the outer containment is deemed not competent, a confirmed release must be reported.

B. A tank tightness test fails but the failure is identified as a faulty vapor vent line (or other top connection). Report the situation, repair the vapor vent line and complete a follow-up tightness test with no fuel deliveries to the tank in the meantime.

C. If a regulated substance is found within a secondary containment area such as a submersible turbine pump sump or an under-dispenser containment, and the liquid is not removed within twenty-four (24) hours, report a suspected release, and follow-up testing of the secondary containment is required if the regulated substance is below penetration points and removed within twenty-four (24) hours, a suspected release report is not required.

If a regulated substance is found at or above any penetration points in a secondary containment area such as the submersible turbine pump sump or under-dispenser containment, the liquid must be immediately removed, report a suspected release, and follow-up testing of the secondary containment is required.

In any case, if a regulated substance continues to accumulate in the containment, report a suspected release and follow-up testing of the associated lines is necessary.

D. Liquid is identified within the interstitial space of a double-wall spill bucket. If the liquid is not removed within twenty-four (24) hours, report a suspected release. Either (1) replace the spill bucket and report any environmental impacts; or (2) test the spill bucket and report the testing results. If the outer containment is deemed competent, repair or replace the spill bucket, and report any environmental impacts. If the outer containment is deemed not competent, a confirmed release must be reported.

E. Fuel is within the interstitial space of a double-walled tank. Report as a suspected release. Test the tank and report the testing results. If the outer wall is deemed competent, repair or replace the tank, and report any environmental impacts. If the outer wall is deemed not competent, a confirmed release must be reported.

F. A line leak detector operates erratically or shuts down. Report the situation, complete a line tightness test, and report the testing results. If the line passes the leak detection test, repair/replace the line leak detector, and retest the line leak detector. If the line fails, report a confirmed release and immediately remove the fuel from the failed line.

G. Unexplained water is found in a UST when none was present previously. Report the situation, remove and dispose of the water properly, and test the tank for tightness (including ullage). The fuel should be tested for fuel quality prior to use.

H. The alarm for the automatic tank gauge (ATG) system indicates a loss of product from the primary containment, or there is a problem with the release detection system. Report the situation. The ATG system may need maintenance, verify that the release detection system is working properly. A passing result is required within 24 hours of the alarm. Notify OPS of the results of the investigation and repairs, if any. If a passing result is not received within 24 hours, a tank tightness test must be performed.

I. The statistical inventory reconciliation (SIR) vendor reports inconclusive SIR results for tanks or lines. Verify there is a second form of release detection for the tank and line system. If a secondary form of release detection shows passing results for the time period in question, a suspected release report is not required.

J. The SIR vendor reports inconclusive SIR results that cannot be overturned within 24 hours, or the vendor reports failed SIR results for the previous month. The owner/operator must notify OPS of the failed SIR report and begin system tests that include checking meter calibration, checking blend ratios, and conducting tightness tests on tanks and/or lines.

K. A Phase II Environmental Site Assessment (ESA) has detected petroleum in the environment and the owner/operator of the facility in question has been notified. The owner/operator must report a suspected release if:

  • impacts are on an active facility with a closed Tier II, III or IV release, or
  • impacts are unassociated with an active release at the same facility, or
  • impacts are on a property that has never been, but is near, a former or active regulated facility.

L. Any fuel spill that flows across or pools on cracked pavement, or pavement with open seams. Report a suspected release. A site check is required to verify if fuel has impacted the soil beneath the pavement. If impacts to the soil are identified, report a confirmed release.

M. Elevated organic vapor meter (OVM) readings or petroleum staining in soil are noted during onsite excavation activities when the source of contamination is unknown.

If none of the above examples describe your situation, call the Technical Assistance Line at 303-318-8547 for further clarification.

Confirmed Release

Confirmed releases are identified by direct evidence of a regulated substance outside of the storage tank system.

The following conditions require reporting of a confirmed release from a regulated UST or AST system to the Director of OPS within 24 hours by telephone (303-318-8547) or the OPS Release Reporting Form provided on the OPS website. If the release enters a storm drain or is discovered on or near surface water, additional notice to the CDPHE emergency response number (877-518-5608) is required (Section 311 of the US Clean Water Act).

Below are scenarios that require a confirmed release to be reported to OPS:

  1. A failed system test for petroleum system components that are not within secondary containment.
  2. A fuel spill or overfill equal to or greater than 25 gallons.
  3. A fuel spill or overfill less than 25 gallons that is not contained and cleaned up within 24 hours.
  4. A fuel spill or overfill of any volume that comes in contact with soil.
  5. A fuel spill of any volume which enters a storm drain or is discovered on or near surface water.
  6. A site check, ESA, or other sample analyses, that indicate a release (any laboratory detection of any COCs) to the environment has occurred from the facility.
  7. A release of regulated substances at the site or in the surrounding area when the source of the contamination is known to be the owner’s/operator’s UST or AST system. Examples include:
    1. identification of contamination during routine inspections, system repairs, installation, replacement, or other sub-pavement work;
    2. identification of contamination, LNAPL, or vapors in soils, basements or utility lines; or contamination in surface, ground, well or drinking water.

In response to a confirmed release, the owner/operator of a regulated substance system must comply with regulatory requirements, which incorporate a RBCA approach. Any work performed or required under these regulations does not automatically qualify the owner/operator for reimbursement from the PSTF. The obligations of the owner/operator responsible for the release remain with that owner/operator if the tank system and/or property changes ownership.

Confirmed Release Investigation Steps

If a regulated substance has the potential to create a fire, explosion, or acute health hazard, emergency response action shall be initiated immediately. If a release (e.g., fuel spill or overfill) of a regulated substance of any volume is not cleaned up within 24 hours or it reaches soil or water (including surface drain inlets), or a release exceeds 25 gallons, the owner/operator responsible for the confirmed release must:

  1. Mitigate fire, explosion, vapor, and acute health hazards by contacting the local fire department or other first responders, and conduct other mitigation activities as capability allows;
  2. Initiate containment to prevent fuel from spreading into storm drains or sewers where it may affect surface water (streams, lakes, etc.) or cause explosions;
  3. Remove any free-phase hydrocarbons observed on the ground surface or surface water body;
  4. Photograph the release area;

  5. Within 24 hours, call the OPS Technical Assistance Line at (303) 318-8547 (leave a message) or file an online report at https://ops.colorado.gov/petroleum.

    Please provide the following information:

  • Facility name, address, and facility ID number, if known.
  • Date the suspected release was discovered (i.e., became known to the owner/operator).
  • What happened (including product type, amount of product released, cause of the release, and response actions taken).
  • Facility Owner’s and caller’s contact information.

Chronic and secondary hazards include longer-term hazards to human health and the environment. After abatement of any acute human health hazards, the owner/operator responsible for the release must:

  1. Identify the source and cause of the release;
  2. Take action to prevent any further release into the environment, including deactivating and removing regulated substances from the portion of the storage system sourcing the release;
  3. Records of any repair or replacement of PST system components must be submitted to OPS within 60 days after the release is discovered and within seven (7) days after the work is performed using the Minor Equipment Repair/Replacement Notification (MERR) form. In addition to submitting a MERR form, post-repair testing of recently replaced equipment or any repairs, as in the Secondary Containment Testing Form, must be completed within 30 days of the repair or replacement, and reported to OPS;
  4. Monitor for and mitigate any health hazards posed by vapors or free-phase hydrocarbons that have entered into subsurface structures (such as sewers or basements);
  5. Remedy hazards posed by contaminated media that are excavated or exposed as a result of abatement activities. The owner/operator must comply with applicable federal, state, and local requirements if these remedies include treatment or disposal of contaminated media; and
  6. Complete Site Characterization as described in Section 9.

Confirmed Release Examples

Contact OPS to report a confirmed release within 24 hours for all of the following example scenarios.

A. Visual damage or failed testing of a single-wall spill bucket. Refer to spill bucket assessment guidance.

B. Failed tightness test for any single-wall tank system component (tank, lines).

C. Failed tightness test for a secondary containment component that contains, or shows evidence of, fuel up to a penetration point (or crack).

D. During the removal of a UST system, shallow groundwater is encountered and petroleum is noted to be present in groundwater within the UST excavation.

E. A Phase II ESA detects COCs in soil or groundwater at a former or current facility with no history of a release, or with COCs exceeding RBSLs in soil or groundwater with a closed Tier I release.

F. Fuel is dripping to soil from fittings under a dispenser or on top of a tank.