Amended OPS Regulations now in effect

Incentives for removing old USTs available

The amended Colorado Division of Oil & Public Safety (OPS) Storage Tank Regulations officially took effect March 17, 2019, and offers incentives for removing storage tanks as well as a requirement to certify qualified service technicians.

The approved regulations are essentially unchanged from the proposed version discussed in a previous edition of The CGRS Resource Newsletter, but a synopsis of the most important changes follows.

Tank-removal reimbursement

Don’t miss what may prove to be the most impactful change in the regulations: the potential for receiving a reimbursement for costs associated with removing old underground storage tanks (USTs).

In Article 8 Petroleum Storage Tank Fund under allowable costs §8-3-(b)(18), the OPS added that allowable expenses may include “… costs for upgrades including tank removal or incentives for significant operational compliance.” This gives the committee the authority to use fund monies to incentivize compliance and/or tank removal.

Call a CGRS Expert:
800.288.2657

Tim Goodrich
Business Development
Mobile: 970.218.1455

With that in mind, on March 18, 2019, OPS released policy #29, related to UST removal reimbursement. The policy provides the details to this incentive to remove older USTs. Additionally, if contamination is discovered, the owner/operator may qualify to have the $10,000 deductible waived.

Read the entire policy here: https://www.colorado.gov/pacific/sites/default/files/atoms/files/Policy%2029_0.pdf

Article 9 Redevelopment Fund now includes monies for tank removal, as well. “For tanks with a volume of 2,000 gallons or less, approved applicants shall be eligible for up to $2,000 in reimbursement of direct costs associated with each petroleum UST removed. Larger tanks will be eligible for reimbursement of $1 per gallon of removed tank volume up to a maximum per tank of $10,000 per facility tank.”

The amended regulations include many details not listed here that are important to know. Give us a call: we can help you through the process, and CGRS Construction Services can remove your old USTs.

Qualified Service Technicians

Requirements for Qualified Service Technicians (QST), §2-3-1-9 are also part of the new regulations, ensuring the industry that technicians meet minimum qualifications. As of January 1, 2020, only a certified QST may perform the following:

  • Installation, repair, replacement, maintenance and calibration of all UST leak detection monitoring equipment
  • Repair or maintenance work on operating UST systems, including replacement of components such as spill buckets, overfill prevention devices and ancillary piping components
  • Annual monitoring system functionality testing and certification
  • Secondary containment testing including initial testing of newly installed secondary containment systems

Other changes

Some of the other changes that made the cut include:

  • The OPS is preparing for the future with regulations for on-demand mobile fueling services that are likely coming to Colorado.
  • Aboveground storage tanks (ASTs) will be required to follow the Petroleum Storage Tank Delivery Prohibition regulations as USTs have.
  • All under-dispenser and tank top sumps that contain product piping must be visually inspected monthly for regulated substance leakage unless they are being electronically monitored by liquid sensors capable of detecting a release.
  • The owner or operator shall make available the annual operational compliance inspection report and all attachments for the previous 12 months to OPS, which would mean the report should be onsite and accessible at all times.

For help understanding how the changes could affect you and your business, contact our Compliance experts at 800.288.2657. Access the new regulations here:

https://www.colorado.gov/pacific/sites/default/files/atoms/files/PetroleumRegulations031719_0.pdf