i  
 
COLORADO DEPARTMENT OF  
LABOR AND EMPLOYMENT  
 
DIVISION OF OIL AND PUBLIC SAFETY 
 
STORAGE TANK REGULATIONS  
 
7 C.C.R. 1101- 14 
 
Effective:   May 1 5,, 20187 
 
 
  
 
 
 
 
 
STORAGE TANK REGULATIONS  
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT  
DIVISION OF OIL AND PU BLIC SAFETY  
 
 (Found at 7 C.C.R. 1101 -14) 
  ii  Table of Contents  
ARTICLE 1  GENERAL P ROVISIONS  .................................................................................................................... 1 
SECTION 1-1  STATEMENT OF BASIS AND PURPOS E ..................................................................................................... 1 
SECTION 1-2  TECHNICAL RATIONALE  ........................................................................................................................ 1 
SECTION 1-3  STATUTORY AUTHORITY  ....................................................................................................................... 1 
SECTION 1-4  EFFECTIVE DATE .................................................................................................................................. 1 
SECTION 1-5  DEFINITIONS  ......................................................................................................................................... 1 
SECTION 1-6  GLOSSARY OF ACRONYMS AND INITIALIZATIONS  ................................................................................. 12 
SECTION 1-7  CODES , DOCUMENTS OR STANDARDS INCORPORATE D BY REFERENCE  ................................................... 12 
SECTION 1-8  INSPECTION OF INCORPORATED CODES  .................................................................................................  17 
SECTION 1-9  LATER AMENDMENTS NOT INCLUDED  ................................................................................................... 17 
ARTICLE 1.5  MOTOR F UEL DISPENSING AND P RODUCT QUALITY  .......................................................... 18 
SECTION 1.5-1  APPLICABILITY  ................................................................................................................................ 18 
SECTION 1.5-2  RETAIL MOTOR FUEL DISPENSERS INSPECTION AND TESTING  ............................................................ 18 
SECTI ON 1.5-3  PRODUCT QUALITY  .......................................................................................................................... 19 
ARTICLE 2  UNDERGROUND STORAGE TANKS  ............................................................................................. 20 
SECTION 2-1  UST  PROGRAM SCOPE AND APPLICABILITY  ......................................................................................... 20 
2-1-1  Applicability  ............................................................................................................................................ 20 
2-1-2  Determination of Ownership and Use  ....................................................................................................... 22 
SECTION  2-2 UST  DESIGN , CONSTRUCTION , INSTALLATION AND REGISTRATION  ....................................................... 22 
2-2-1  Design and Performance standards for new and replaced UST systems  ..................................................... 22 
2-2-2  Installation  ............................................................................................................................................... 28 
2-2-2-1  Installation Application .......................................................................................................................................... 28 
2-2-2-2  Installation Requirements  ..................................................................................................................................... 28 
2-2-2-3  Installation Inspection  ........................................................................................................................................... 29 
2-2-3  UST System Registration  .......................................................................................................................... 29 
2-2-4  Upgrading existing UST System ................................................................................................................ 30 
2-2-5  Repairs  .................................................................................................................................................... 32 
SECTION 2-3  OPERATION  ........................................................................................................................................ 33 
2-3-1  Operator Training  .................................................................................................................................... 33 
2-3-1-1  Classes of Operators  ............................................................................................................................................ 33 
2-3-1-2  Class A Operator  ................................................................................................................................................... 34 
2-3-1-3  Class B Operator  ................................................................................................................................................... 35 
2-3-1-4  Class C Operator  ................................................................................................................................................... 35 
2-3-1-5  Acceptable Tra ining and Certification Processes  ............................................................................................. 36 
2-3-1-6  Training and Certification Deadlines and Schedules  ....................................................................................... 36 
2-3-1-7  Retraining Requir ements  ...................................................................................................................................... 37 
2-3-2  Spill and Overfill Prevention  .................................................................................................................... 37 
2-3-3  Corrosion Protection ................................................................................................................................ 38 
2-3-4  Release Detection  ..................................................................................................................................... 38 
2-3-4-1  General requirements for all UST systems  ........................................................................................................ 38 
2-3-4-2  Requirements for  regulated substance UST Systems  ..................................................................................... 39 
2-3-4-3  Requirements for  Piping  ....................................................................................................................................... 44 
2-3-4-4  Requirements for  hazardous substance UST syst ems  .................................................................................... 44 
2-3-5 Periodic testing of spill prevention equipment and containment sumps  ....................................................... 45 
2-3-6  Compliance Inspections  ............................................................................................................................ 47 
2-3-6-1  Monthly Compliance Inspections  ........................................................................................................................ 47 
2-3-6-2  Annual Operational Compliance Inspections  .................................................................................................... 47 
2-3-6-3  Inspections Conducted by the Director  .............................................................................................................. 48 
2-3-7  Reporting and Record Keeping ................................................................................................................. 48 
SECTION 2-4 CLOSURE OF UST  SYSTEMS  ................................................................................................................. 50 
2-4-1  Temporary Closure  .................................................................................................................................. 50 
2-4-2  Permanent Closure  .................................................................................................................................. 51 
2-4-3  Site Assessment  ........................................................................................................................................ 52  iii SECTION 2-5 UST  SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS
 ............................................................................................................................................................................... 52 
ARTICLE 3  ABOVEGROU ND STORAGE TANKS  ............................................................................................. 57 
SECTION 3-1  AST  PROGRAM SCOPE AND APPLICABILITY  ......................................................................................... 57 
SECTION 3-2  AST  SYSTEM DESIGN , CONSTRUCTION , LOCATION AND INSTALLATION  ................................................ 58 
3-2-1  Design ..................................................................................................................................................... 58 
3-2-2  Location and Installation  .......................................................................................................................... 64 
3-2-2-1  Service Stations (Motor Fuel Dispensing Facilities and Repair Garages)  .................................................... 64 
3-2-2-2  Governmental, Industrial and Commercial AST Facilities (Fleet Vehicle Motor Fuel Dispensing)  ............ 66 
3-2-2-3  Unattended Cardlock Systems  ............................................................................................................................ 67 
3-2-2-4  Bulk Plants (And Other Facilities Without Motor Fuel Dispensing)  ................................................................ 68 
3-2-2-5  ASTs in Vaults  ....................................................................................................................................................... 70 
3-2-2-6  Tanks Inside Buildings  .......................................................................................................................................... 71 
3-2-2-7  Separation from Propane ASTs  .......................................................................................................................... 72 
3-2-3  Installation, Upgrade, and Repairs  ........................................................................................................... 72 
3-2-4  AST System Registration and Transfer of Ownership  ................................................................................ 75 
SECTION 3-3  OPERATION  ........................................................................................................................................ 76 
3-3-1  Spill and Overfill Protec tion ..................................................................................................................... 76 
3-3-2  Corrosion Protection ................................................................................................................................ 79 
3-3-3  Release Detection  ..................................................................................................................................... 80 
3-3-4  Testing and Compliance Inspections  ......................................................................................................... 81 
3-3-4-1  Testing .................................................................................................................................................................... 81 
3-3-4-2  Inspections  ............................................................................................................................................................. 82 
3-3-5  Record Keeping ........................................................................................................................................ 83 
SECTION 3-4  CLOSURE OF AST  SYSTEMS  ................................................................................................................ 84 
3-4-1  Temporary Closure  .................................................................................................................................. 84 
3-4-2  Permanent Closure  .................................................................................................................................. 85 
3-4-3  Change in Service  .................................................................................................................................... 85 
3-4-4  Site Assessment  ........................................................................................................................................ 85 
3-4-5  Waste Handling ........................................................................................................................................ 86 
SECTION 3-5  OIL POLLUTION PREVENTION - SPCC  PLAN ......................................................................................... 86 
ARTICLE 4 RELEASE ID ENTIFICATION AND REP ORTING  .......................................................................... 87 
SECTION 4-1  SUSPECTED RELEASES  ........................................................................................................................ 87 
SECTION 4-2  RESPONSE TO SUSPECTED RELEASES  ................................................................................................... 87 
SECTION 4-3  CONFIRMED RELEASES  ........................................................................................................................ 88 
ARTICLE 5  RELEASE R ESPONSE  ....................................................................................................................... 89 
SECTION 5-1  RESPONSE TO CONFIRMED RELEASES  .................................................................................................. 89 
5-1-1  Acute human health hazards  ..................................................................................................................... 89 
5-1-2  Chronic and secondary human health hazards and other environmental impacts  ....................................... 89 
SECTION 5-2  SITE CHARACTERIZATION  ................................................................................................................... 89 
SECTION 5-3  CORRECTIVE ACTION  .......................................................................................................................... 91 
SECTION 5-4  NO FURTHER ACTION REQUEST  ........................................................................................................... 92 
ARTICLE 6  ENFORCEME NT ............................................................................................................................... 92 
SECTION 6-1  ENFORCEMENT PROGRAM  ................................................................................................................... 92 
6-1-1  Notice of Violation  ................................................................................................................................... 93 
6-1-2  Enforcem ent Order  .................................................................................................................................. 93 
6-1-3  Informal Conference  ................................................................................................................................ 93 
SECTION  6-2 UNDERGROUND STORAGE TANK DELIVERY PROHIBITION  .................................................................... 94 
6-2-1  Criteria for Delivery Prohibition  .............................................................................................................. 94 
6-2-2  Red Tag Mechanisms Used to Identify Ineligible USTs  .............................................................................. 94 
6-2-3  Notification Processes For UST Owners/Operators and Product Deliverers .............................................. 95 
6-2-4  Reclassifying Ineligible USTs as Eligible to Receive Product .................................................................... 95 
6-2-5  Delivery Prohibition Deferral in Rural and Remote Areas  ........................................................................ 96  iv 6-2-6  Delivery Prohibition Deferral in Emergency Situations  ............................................................................. 96 
6-2-7  Removal of Red Tag from Emergency Generator Tank Systems  .................................................................  96 
ARTICLE 7 FINANCIAL RESPONSIBILITY REQUI REMENTS FOR OWNERS/O PERATORS O F 
PETROLEUM UNDERGROUND STORAGE TANKS  .......................................................................................... 97 
SECTION 7-1  APPLICABILITY  ................................................................................................................................... 97 
SECTION 7-2  FINANCIAL RESPONSIBILITY MECHANISMS  .......................................................................................... 97 
SECTION 7-3  MAINTENANCE OF FINANCIAL RESPONSIBILITY  .................................................................................. 100 
ARTICLE 8  PETROLEUM  STORAGE TANK FUND ........................................................................................ 103 
SECTION 8-1  ELIGIBILITY  ...................................................................................................................................... 103 
SECTION 8-2  REIMBURSEMENT  .............................................................................................................................. 107 
SECTION 8-3  ALLOWABLE COSTS .......................................................................................................................... 108 
SECTION 8-4  UNALLOWABLE COSTS  ...................................................................................................................... 109 
SECTION 8-5  COMMITTEE REVIEW OF APPLICATION  ............................................................................................... 110 
SECTION 8-6  FUND PAYMENT REPORT  ................................................................................................................... 111 
SECTION 8-7  MISCELLANEOUS REGULATIONS  ........................................................................................................ 112 
ARTICLE 9  PETROLEUM CLEANUP AN D REDEVELOPMENT FUND (REDEVELOPMENT FUND)  ..... 112 
SECTION 9-1  REDEVELOPMENT FUND PURPOSE  ..................................................................................................... 112 
SECTION 9-2  ELIGIBILITY CRITERIA  ....................................................................................................................... 112 
SECTION 9-3  ELIGIBLE ACTIVITIES  ........................................................................................................................ 113 
SECTION 9-4  APPLICATION PROCESS  ..................................................................................................................... 114 
SECTION 9-5  ELIGIBLE COSTS AND REIMBURSEMENT  ............................................................................................. 114 
SECTION 9-6  CONTRACTUAL AGREEMENTS  ........................................................................................................... 114 
 
 
 
 
  1 ARTICLE 1  GENERAL PROVISIONS 
Section 1-1  Statement of Basis and Purpose 
These regulations are promulgated to establish rules for the design, installation, registration, construction, 
and operation of storage tanks used to store regulated substances  (including petroleum ), response to 
releases of regulated substances from these tanks , and to describe the financial responsibility of storage 
tank owner/operators.  The main purpose of these regulations is to reduce damage to the environment 
and risk to t he public caused by leaking petroleum storage tanks and to mitigate such damage effectively 
when it occurs.  
These regulations do not apply to material classified as hazardous wast es under Subtitle C of the U.S. 
Solid Waste Disposal Act.  
The amendment to A rticle 9 of these  regulations is developed pursuant to the Colorado Revised Statutes 
8-20.5-103(9) that created the Petroleum Cleanup and Redevelopment Fund.  The rules are designed to 
establish the implementation and operational guidelines of this fund.  
Section 1-2  Technical Rationale 
The technical requirements of these regulations are supported by many studies made by petroleum 
industry associations, the National Fire Protection Association (NFPA), the American Society of Testing 
and Materials (ASTM), an d by or at the behest of the U.S. Environmental Protection Agency (EPA). The 
requirements represent the consensus of informed persons with regard to the best methods for reducing 
the hazards posed by storage tanks to acceptable levels.  
Section 1-3  Statuto ry Authority  
 
The amendments to these regulations have been created pursuant to Title 8 Article 20 Section 102 and 
Article 20.5 Sections 202 and 302 of the Colorado Revised Statutes  (C.R.S.) . The design, construction, 
location, installation, and operation of liquid fuel systems and equipment and the handling of liquid fuels 
shall conform to the minimum standards as prescribed by the applicable sections of NFPA 30  “Flammable 
and Combustible Liquids Code” . 
Section 1-4  Effective Date  
These amen ded rules shall  be effective on May 1, 2017.   The prior editions of the combined UST/AST 
regulations were published January 1, 2017,  October 15, 2014, January 1, 2014, May 1, 2013, April 14, 
2011, January 1, 2009, August 1, 2008, April 30, 2006, May 30, 2005, August 1, 2 004, August 1, 2002, 
February 1, 1999, and January 1, 1997. Prior editions of the UST rules were published effective September 30, 1995 and December 1, 1989. Prior editions of the AST rules were published effective 
September 30, 1995 and October 1, 1994. A  prior edition of the Emission Inspection rules was published 
effective January 1, 1990.  
Section 1- 5  Definitions  
Terms in these regulations shall have the same definitions as those found in Articles 20 and 20.5 of Title 
8 of the Colorado Revised Statutes . In addition, unless the context otherwise requires:  
"Abandoned tank " means an underground or aboveground petroleum storage tank that the current tank 
owner or operator or current property owner did not install, has never operated or leased to 
another for  operation, and had no reason to know was present on the site at the time of site 
acquisition.  
"Aboveground storage tank " (AST) means any one or a combination of containers, vessels, and 
enclosures, including structures and appurtenances connected to them , constructed of non-Formatted:  Font:  (Default)  Arial,  10 pt 2 earthen materials, including but not limited to concrete, steel, or plastic, which provide structural 
support, used to contain or dispense fuel products and the volume of which, including the pipes 
connected thereto, is ninety percent or more above the surface of the ground, is not permanently 
closed, and except those exempted in statute and these regulations . 
"Aboveground storage tank (AST) system" means all ASTs at a facility, all the connected piping and 
ancillary equipment, all loading facilities, and all containment systems if applicable.  
"Alternative fuel" means a motor fuel that combines petroleum -based fuel products with renewable fuels.   
"Ancillary eq uipment"  means any devices including, but not limited to, such devices as piping, fittings, 
flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances 
to and from an UST.  
"ASTM International (ASTM) " means an international voluntary consensus standards organization formed 
for the development of s tandards on characteristics and performance of materials, products, 
systems, and services, and the promotion of related knowledge.  
"Atmospheric tank" is a storage tank that has been designed to operate at pressures from atmospheric 
through 0.5 psig (760 mm  Hg through 780 mm Hg) measured at the top of the tank.  
"Bodily injury" shall have the meaning given to this term by applicable Colorado state law; however, this 
term shall not include those liabilities which, consistent with standard insurance industry 
practices, are excluded from coverage in liability insurance policies for bodily injury.   
"Bulk plant" is that portion of a property where liquids are received by tank vessel, pipelines, tank car, or 
tank vehicle and are stored or blended in bulk for the pur pose of distributing such liquids by tank 
vessel, pipeline, tank car, tank vehicle, portable tank or container. [Note: A bulk plant is normally 
a wholesale fuel facility where petroleum products are stored prior to resale or redistribution.]  
"Calendar days " means consecutive days including weekends and nationally recognized holidays . 
"Cathodic protection" is a technique to prevent corrosion of a metal surface by making that surface the 
cathode of an electrochemical cell. For example, an UST or AST system can be cathodically 
protected through the application of either galvanic anodes or impressed current.  
"Cathodic protection tester" means a person who can demonstrate an understanding of the principles and 
measurements of all common types of cathodic protecti on systems as applied to buried or 
submerged metal piping and UST and AST systems. At a minimum, such persons must have 
education and experience in soil resistivity, stray current, structure -to-soil potential, and 
component electrical isolation measurement s of buried metal piping and UST and AST systems.  
"Certificate of conformance" means a document issued by the national type evaluation program 
constituting evidence of conformance of a weighing and measuring device with the requirements 
of National Institute of Standards and Technology (NIST) Handbook 44.  
"Certificate of Eligibility" is a document that entitles the bearer to participate in the Fund without further 
determination of compliance by the Director, if that bearer is a mortgagee who has acquired, b y 
foreclosure or receipt of a deed in lieu of foreclosure, property on which the petroleum storage tanks covered by the certificate are located.  
"CFR"  Code of Federal Regulations is the codification of the general and permanent rules published in 
the Feder al Register by the departments and agencies of the Federal Government  
"Change in s ervice " means  continued use of an UST or AST to store a non -regulated substance.  
"Chemicals of concern" (COCs) are chemical compounds that have been identified for evaluation due to 
specific risks to human health and/or the environment.   3  
"Committee" means the Petroleum Storage Tank Committee created in C.R.S.  § 8- 20.5-104. 
"Compatible" means the ability of two or more substances to maintain their respective physical and 
chemi cal properties upon contact with one another for the design life of the tank system under 
conditions likely to be encountered.  
"Connected piping" means all piping including valves, elbows, joints, flanges, and flexible connectors 
attached to a tank system through which regulated substances flow. For the purpose of 
determining how much piping is connected to any individual AST or UST system, the piping that 
joins two systems should be allocated equally between them.  
“Containment sump” means a liquid- tight co ntainer that protects the environment by containing leaks and 
spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and 
located at the t op of tank (tank top or submersible turbine pump sump), underneath the dispenser 
(under -dispenser containment sump), or at other points in the piping run (transition or 
intermediate sump).  
"Contamination"  means the presence of a regulated substance at or b elow ground that originated from a 
regulated storage tank system.  
"Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and 
the principles of engineering and mathematics acquired by a professional education and rel ated 
practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be accredited or certified 
as being qualified by the National Association of Corrosion Engineers or be a registered 
professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.  
"Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings 
are used to electrically isolate systems from the surrounding soils. Dielectric bushings are used to 
electrically isolate portions of the system (e.g., tank from piping).  
 
“Dispenser” means equipment  that dispenses regulated substances from the storage tank  system.  
“Dispenser system”  means the dispenser and the equipment necessary to connect the dispenser to the 
storage tank system.  
"Director" means the Director of the Division of Oil and Public Safety of the Colorado Department of Labor 
and Employment or any designees thereof which may include certain employees of the Division 
of Oil and Public Safety of the Colorado Department of Labor and Employment or other persons.  
"Downgradient" is in the direct ion of maximum decreasing static head.  
"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for 
the operation of equipment such as transformers and buried electrical cable.  
"Electrolyte" means the soil or liquid adjacent to and in contact with the systems, including the moisture 
and other chemicals contained in it; the electrically conductive material between the tank and its 
environment;  
"Excavation zone" means the volume containing the UST system and backfill  material bounded by the 
ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.   4 "Exposure pathway" is the course that a chemical of concern takes from a source area to a point of 
exposure. An exposure pathway describes a unique mechanism by which a person or sensitive 
environment is assumed to be exposed to a chemical of concern.  Each exposure pathway 
includes a source, an exposure route, and a point of exposure.  If the exposure point diff ers from 
the source, transport or exposure media (e.g., air, water, dust) are also included. All exposure 
pathways are assumed to be complete unless an exposure pathway elimination criteria is 
demonstrated.  Exposure pathway elimination criteria are listed in the Owner/Operator Guidance 
Document.  
"Farm tank" is a tank located on a tract of land devoted to the production of crops or raising animals, 
including fish, and associated residences and improvements. A farm tank must be located on the 
farm property. "Farm" includes fish hatcheries, rangeland and nurseries with growing operations.  
"Financial reporting year" means the latest consecutive twelve -month period for which any report used to 
support a financial test is prepared. "Financial reporting year" may thus comprise a fiscal or a calendar year period.   
"Fire resistant tank" is an atmospheric single or double walled AST with thermal insulation that has been 
evaluated for resistance to physical damage and for limiting the heat transferred to the primary 
tank when exposed to a hydrocarbon pool fire, and is listed in accordance with UL 2080 or an 
equivalent test procedure. , and meets the additional requirements of NFPA . 
"Flow -through process tank" is a tank that forms an integral part of a production process through which 
there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow -through process tanks do not include tanks used for the storage of materials prior 
to their introduction into the production p rocess or for the storage of finished products or by -
products from the production process.  
"Fund" means the Petroleum Storage Tank Fund created in C.R.S. § 8 -20.5-103. 
"Gathering lines" means any pipeline, equipment, facility, or building used in the trans portation of oil or 
gas during oil or gas production or gathering operations.  
"Good Engineering Practice", "Good Engineering Standards", and "Nationally Recognized Standard" 
means in accordance with standards developed by nationally recognized laboratories  or 
associations such as: Underwriters Laboratory (U.L.), American National Standards Institute 
(ANSI), American Petroleum Institute (API), American Society for Testing and Materials (ASTM), American Society of Mechanical Engineers (ASME), Steel Tank Insti tute (STI), National 
Association of Corrosion Engineers (NACE), or the National Fire Protection Association (NFPA).  
"Hazardous substance UST system" means an UST system that contains a hazardous substance defined 
in section 101(14) of the Comprehensive Env ironmental Response, Compensation and Liability 
Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or 
any mixture of such substances and petroleum, and which is not a petroleum UST system.  
"Heating oil" means petr oleum that is No. 1, No. 2, No. 4-- light, No. 4 --heavy, No. 5 --light, No. 5 --heavy, 
and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and 
Bunker C); and other fuels when used as substitutes for one of these f uel oils. Heating oil is 
typically used in the operation of heating equipment, boilers, or furnaces.  
"Hydraulic conductivity" is the coefficient of proportionality describing the rate at which water can move 
through a permeable medium.  
"Hydraulic gradient"  is the slope of the water table in the direction of groundwater flow.  This slope is 
typically expressed as a unit change in water table elevation per unit horizontal distance (e.g. 
ft/ft).  5 "Hydraulic lift tank" means a tank holding hydraulic fluid for a closed -loop mechanical system that uses 
compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.  
"Imminent threat to human health or safety or the environment " means a condition that creates a 
substantial probability of har m, when the probability and potential extent of harm make it 
reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or 
potential damages to human health or safety or the environment.  
"Installation of a new motor fuel dispenser system " means t he installation of a new motor fuel dispenser 
and the equipment necessary to connect the dispenser to the system. It does not mean the 
installation of a motor fuel dispenser installed separately from the equipment needed to connect 
the dispenser to the tank  system. For purposes of these rules, the equipment necessary to 
connect the motor fuel dispenser to the tank system may include check valves, shear valves, 
unburied risers or flexible connectors, or other transitional components that are beneath the 
dispenser and connect the dispenser to the underground piping.   
"Insurer " or "qualified insurer " means an insurer or group that is authorized to transact the business of 
insurance or authorized to provide insurance as an excess or surplus l ines insurer in Colorado.  
"Light non- aqueous phase liquid"  (LNAPL) refers to a regulated substance that is present in soil and on 
groundwater as a non -aqueous phase liquid (e.g., liquid not dissolved in water.)  
"Liquid"  is any material that has a fluidity greater than that of 300 penetration asphalt when tested in 
accordance with ASTM  Standard D 5, Test for Penetration for Bituminous Materials. When not 
otherwise identified, the term "liquid" shall mean both flammable and combustible liquids.   
[Note 1: Class I flammable liquids include all grades of Gasoline, and most motor fuels blended 
using alcohol and MTBE (methyl -tertiary -butyl -ether).]  
[Note 2: Class II combustible liquids include #1 and #2 Diesel Fuels, #1 and #2 Heating Oil, 
Kerosene, and Jet -A grad e Jet fuel.]  
[Note 3: Class III combustible liquids include most Lubricating Oils, and Heavy Fuel oils.]   
"Liquid, combustible"  is a liquid having a flash point at or above 100°F (37.8°C). Combustible Liquids are 
classified as follows:  
(1)  CLASS II liquids have a flash point at or above 100°F (37.8°C) and below 140°F (60°C).  
(2)  CLASS IIIA liquids have a flash point at or above 140°F (60°C) and below 200°F (93°C).  
(3)  CLASS IIIB liquids have a flash point at or above 200°F (93°C).  
"Liquid, flammable"  is a liquid having a flash point below 100°F (37.8°C) and having a Reid vapor 
pressure not exceeding 40 psia (2068 mmHg) at 100°F (37.8°C). Flammable Liquids are 
classified as Class I liquids. Class I liquids are further subclassified as follows:  
(1)  CLASS I A liquids have a flash point below 73°F (22.8°C) and a boiling point below 100°F 
(37.8 o C). 
(2)  CLASS IB liquids have a flash point below 73°F (22.8°C) and a boiling point at or above 
100°F (37.8°C).  
(3)  CLASS IC liquids have a flash point at or above 73°F (22.8°C) and below 100°F (37.8°C).  
"Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, 
gathering, and extraction operations (including gas production plants), for the purpose of 
collecting oil, wate r, and other liquids. These liquid traps may temporarily collect liquids for  6 subsequent disposition or reinjection into a production or pipeline stream, or may collect and 
separate liquids from a gas stream.  
"Marine service station" is that portion of a pr operty where liquids used as fuels are stored and dispensed 
from fixed equipment on shore, piers, wharves, or floating docks into the fuel tanks of self -
propelled craft, including all facilities used in connection therewith.  
"Media" are intervening substances through which something is transmitted or carried (e.g. soil, water, or 
air). 
"Mortgagee" refers to a mortgagee or the holder of an evidence of debt secured by a mortgage or deed of 
trust.  
"Motor fuel" means petroleum or a petroleum -based substance that is motor gasoline, aviation gasoline, 
No. 1 or No. 2 diesel fuel, fuel products as defined in C.R.S.  § 8- 20.5- 101(6), or any grade of 
gasohol, and is typically used in the operation of a motor engine.  
"Motor fuel dispensing facility" means that portion of a property where motor fuels are stored and 
dispensed from fixed equipment into the fuel tanks of motor vehicles or marine craft or into 
approved containers, including all equipment used in connection therewith.  
(a)  “Fleet vehicle motor fuel dispensing facility” means a motor fuel dispensing facility at a 
commercial, industrial, governmental, or manufacturing property where motor fuels are dispensed into the fuel tanks of motor vehicles that are used in connection with the business or 
operation of that property by persons within the employ of such business or operation.  
"Net worth" means the assets that remain after deducting liabilities; such assets do not include intangibles 
such as goodwill and rights to patents or royalties. For purposes of this defi nition, "assets" means 
all existing economic benefits obtained or controlled by an owner/operator.   
"Noncommercial purposes" with respect to motor fuel at farms and residences means not for resale.  
"Operational life" refers to the period beginning when ins tallation of the tank system has commenced until 
the time the tank system is properly closed.  
”Operator” means any person in control of, or having responsibility for the daily  operation of an 
underground or above ground storage tank system.  
“Orphaned tank ” means an underground storage tank which is owned or operated by an unidentified 
owner or no longer in use and was not closed and the property has changed ownership prior to 
December 22, 1988, and such property is no longer used to dispense fuels.  
"Out o f service" means that the tank is not being operated in accordance with its intended purpose.  
"Overfill" is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the 
regulated substance to the environment.  
”Owner” mea ns: 
(1)  In the case of an underground storage tank in use on or after November 8, 1984, or brought 
into use after that date, any person who owns an underground storage tank  system  used 
for the storage, use, or dispensing of regulated substances;  
(2)  In the case of an underground storage tank  system  in use before November 8, 1984, but no 
longer in use on or after November 8, 1984, any person who owned such tank 
immediately before the discontinuation of its use; or  
(3)  Any person who owns an aboveground storage tank.   7 (4)  Regarding reporting and responding to releases of regulated substances, Owner means the 
person who owned the tank system at the time of the release. The term "owner" does not 
include any person who, without participating in the management of an underground 
storage tank and otherwise not engaged in petroleum production, refining, and marketing, 
holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located.  
"Owner(s)/op erator(s)" means that the task to which this phrase is attached may be performed by either 
the owner or the operator. If neither the owner nor the operator performs the task, both shall be in 
violation of these regulations. Duplicati on of the task is not r equired.  
"Person" means an individual, trust, firm, joint stock company, federal agency, corporation, state, 
municipality, commission, political subdivision of a state, or any interstate body. "Person" also 
includes a consortium, a joint venture, a commerc ial entity, and the United States Government.  
"Petroleum " means crude oil  or any fraction thereof that is liquid at standard conditions of temperature 
and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute) .  
"Pipe" or "Piping" means a hollow cylinder or tubular conduit that is constructed of non -earthen materials 
and in accordance with NFPA or other nationally recognized piping standards for petroleum storage tanks. Piping routinely contains and conveys regulated substances from the u nderground 
tank(s) to the dispenser(s) or other end -use equipment. Such piping includes any elbows, 
couplings, unions, valves, or other in -line fixtures that contain and convey regulated substances 
from the underground tank(s) to the dispenser(s). This def inition does not include vent, vapor 
recovery, or fill lines not connected to remote fills.  
"Pipeline facilities (including gathering lines)" are new and existing pipe rights -of-way and any associated 
equipment, facilities, or buildings.  
"Point of e xposure " (POE) is the location at which a person or sensitive environment is assumed to be 
exposed to a chemical of concern. POEs for benzene, toluene, ethyl benzene and xylenes are: 
property boundaries, surficial soils, subsurface utilities, structures, groundw ater wells, surface 
water, and sensitive environments. POEs for MTBE are:  water supply wells that are used for 
human consumption and surface water features that are used for human consumption.  
 
"Product deliverer " means any person who delivers or deposits  product into an UST. This term may 
include major oil companies, jobbers, petroleum transportation companies, or other product delivery entities.  
"Property damage" shall have the meaning given this term by applicable Colorado laws. This term shall 
not incl ude those liabilities, which, consistent with standard insurance industry practices, are 
excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from 
tanks, which are covered by the policy.
  
"Protected tank " is an atmospheric AST with integral secondary containment and thermal insulation that 
has been evaluated for resistance to physical damage and for limiting the heat transferred t o the 
primary tank when exposed to a hydrocarbon pool fire and is listed in accordance with ANSI/ UL 
2085  Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids  or an 
equivalent test procedure. , and meets the additional requirements of NFPA . 
"Provider of financial assurance" means an entity that provides financial assurance to an owner/operator 
of an UST through one of the mechanisms listed below, including but not limited to an insurer, 
issuer of a letter of credit, or the trustee of  a trust fund.   
 
"Red Tag"  means a tag, device, or mechanism on the tank’s fill pipes that clearly identifies an UST as 
ineligible for product delivery. The tag or device is easily visible to the product deliverer and Formatted:  Font:  (Default)  Arial,  10 pt 8 clearly states and conveys that it is unlawful to deliver to, deposit into, or accept product into the 
ineligible UST. The tag, device, or mechanism is generally tamper resistant.  
"Reimbursement" means an assignment of money from the Fund to reimburse a person for approved 
costs incurred in remediating petroleum contamination.  
“Registered Service Agency (RSA)” means any agency, firm, company or corporation that for hire, award, 
commission or any other payment of any kind installs, services, repairs or reconditions a 
commercial weighing or measuring device and that voluntarily registers with the division. Under 
agency registration, identification of individual servicepersons shall be required.  
"Regulated substance"  for UST systems has the same meaning as in C.R.S.  § 8 -20.5-101(13) as follows:  
(1)  Any substance defined in S ection 101 (14) of the federal "Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980", as amended, but not including any 
substance regulated as a hazardous waste under subtitle (C) of Title II of the federal 
"Resource Conservation and Recovery Act of 1976", as amended.  
(2)  Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of 
temperature and pressure (60 degrees Fahrenheit and 14.7 po unds per square inch 
absolut e). 
(3)  Alternative fuel  
(4)  Renewable fuel  
 
“Regulated substance” for AST systems means regulated fuel products as defined in C.R.S.  § 8 -
20.5-101(6), including alternative fuels and renewable fuels as defined in CRS 8 -20.5-101(2.5) 
and (14.5) as follo ws: 
(1)  All gasoline, aviation gasoline, diesel, aviation turbine fuel, jet fuel, fuel oil, biodiesel, 
biodiesel blends, kerosene, all alcohol blended fuels, gas or gaseous compounds, and other volatile, flammable, or combustible liquids, produced, compou nded, and offered for 
sale or used for the purpose of generating heat, light, or power in internal combustion 
engines or fuel cells, for cleaning or for any other similar usage.   
(2)  Alternative fuel  
(3)  Renewable fuel  
"Release"  means any spilling, leaki ng, emitting, discharging, escaping, leaching or disposing of a 
regulated substance from a regulated tank system into the environment.   
"Release detection" means determining whether a release of a regulated substance has occurred from 
the UST or AST system  into the environment or a leak has occurred into the interstitial space 
between the UST or AST system and its secondary barrier or secondary containment around it.  
"Remediation" means actions taken to reduce concentrations of chemicals of concern (includi ng natural 
attenuation), or prevent migration of chemicals of concern to POEs.  Remediation shall be 
implemented for sites where no further action is not appropriate.  
"Renewable fuel" means a motor vehicle fuel that is produced from plant or animal product s or wastes, as 
opposed to fossil fuel sources.   
"Repair" means to restore to proper operating condition a tank , pipe, spill prevention equipment, overfill 
prevention equipment, corrosion protection equipment, release detection equipment  or other 
system co mponent  that has caused a release of product from an AST or UST system or has 
failed to function properly .   9  
"Replace"  This term applies to underground storage tanks and piping.  
 
For underground storage tanks  – Replace means to remove an existing underground storage 
tank and install a new underground storage tank.  
 
For underground piping  – Replace means to remove and put back in any amount of piping 
connected to a tank  system. The secondary containment requirements for replaced piping are 
triggered when a m inimum of 50% or 50 feet (whichever is less) of the total length of piping 
connected to a single tank is replaced.  The total length of piping connected to a single tank 
includes the length piping from that tank to the farthest connected dispenser, includi ng piping 
runs between dispensers connected to that tank . 
"Reportable quantity " means quantities of a released regulated substance which equal or exceed the 
reportable quantity under the federal "Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980", as amended, and petroleum products in quantities of twenty -five 
gallons or more.   
"Residential tank" is a tank located on property used primarily for dwelling purposes.  
"Retail motor fuel device " (RMFD) means a device designed for the m easurement and delivery of liquid 
fuel products for internal -combustion engines. The term “motor -fuel dispenser” means the same 
as “motor -fuel device” . 
"Risk-based corrective action (RBCA) " means a consistent decision making process for the assessment 
and response to a petroleum release, based on the protection of human health and the 
environment according to ASTM 1739 . 
"Secondary containment" This term applies to AST and UST Systems  
 For AST systems secondary containment is containment which prevents any r elease from an 
AST system from reaching land or waters outside of the containment area , and can include 
remote impounding, diking, or different types of AST construction.  Where underground piping is 
connected to an AST, the definition of “secondary containment” for UST systems also applies  to 
the piping . 
 For UST systems secondary containment is a release prevention and release detection system 
for an underground tank and/or piping. The release prevention part of secondary containment is 
an underground tank  and/or piping having an inner and outer barrier. Between these two barriers 
is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substances from the underground tank and/or piping (called interstitial monitoring). This term includes containment sumps when used for interstitial monitoring of piping.
  
"Secondary containment tank" is a shop fabricated AST which includes a steel  or reinforced concrete 
secondary shell that will provide containment of the entire capacity of the inner tank in case of 
leaks or ruptures of the inner tank and having means for monitoring the interstitial space for a 
leak.  
"Sensitive environment" is an a rea of particular environmental value where regulated petroleum 
contamination could pose a greater threat than in other less sensitive areas.  Sensitive 
environments include: critical habitat for federally endangered or threatened species, national 
parks, national monuments, national recreation areas, national wildlife refuges; national forests, 
campgrounds; recreational areas, game management areas, wildlife management areas, 
designated federal wilderness areas, wetlands, wild and scenic rivers, state park s, state wildlife 
refuges, habitat designated for state endangered species, fishery resources, state designated 
natural areas, wellhead protection areas, classified groundwater areas, and county or municipal 
parks.   10 "Septic tank" is a water -tight covered receptacle designed to receive or process, through liquid separation 
or biological digestion, the sewage discharged from a building sewer where the effluent from such 
receptacle is distributed for disposal through the soil and settled solids and scum from the tank 
are pumped out periodically and hauled to a treatment facility.  
 "Service station"  is a place where motor fuels are sold to the general public for cash or credit and are 
dispensed into the fuel tanks of motor vehicles or approved containers. This does not include 
unattended cardlock system facilities at bulk plants which only use proprietary cards specific to 
the cardlock system in question.  
 
"Significant violation"  means the failure of a person to comply with any requirement of Article 2 of 7 
C.C.R.  1101- 14, which includes any of the following:  
 
(a)  A violation that is causing, or threatens to cause a liquid release of a regulated substance from  
 an UST system, including, but not limited to: the failure of any required overfill prevention 
system, wh ere the failure is causing or threatens to cause a release; or the failure of a 
required spill containment structure, where the failure is causing or threatens to cause a 
release to the environment due to a spill or an overfill.  
 
(b)  A violation that impairs the ability of an UST system to detect a liquid leak or contain a liquid  release of a regulated substance in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of 
detecting a leak at the earliest possible opportunity.  
 
(c)  A chronic violation or a violation that is committed by a recalcitrant violator.  
"Site check " means collecting soil and/or groundwater samples for laboratory analysis from locations most 
likely to demonstrate the presence of a release from a regulated storage tank system.   
"Site classification" is a qualitative evaluation of a site based on known or readily available information to 
identify the need for interim remedial actions and further inf ormation gathering.  
"Source concentration" is the highest concentration, in soil and/or groundwater and /or vapor, of the 
chemicals of concern.  
“State inspector ” is a person who is employed or authorized by the division to perform inspections of 
facilities  storing regulated substances . 
"Storm -water or wastewater collection system" means piping, pumps, conduits, and any other equipment 
necessary to collect and transport the flow of surface water run -off resulting from precipitation, or 
domestic, commercial, or industrial wastewater to and from retention areas or any areas where 
treatment is designated to occur. The collection of storm water and wastewater does not include 
treatment except where incidental to conveyance.  
"Subsurface soils" are all soils located at a depth of greater than one meter below the ground surface.  
"Surface impoundment" is a natural topographic depression, man- made excavation, or diked area formed 
primarily of earthen materials (although it may be lined with man -made materials) that is not an 
injection well.  
"Surficial soils" are all soils located from the ground surface to a depth of one meter below ground 
surface.  
"System test" means a test of tank system components, including any associated delivery piping, 
secondary containment or spill control component, to identify releases of regulated substances.   11 "Temporary closure"  means  a period of time that a storage tank is empty but is not permanently closed or 
has not changed service to store a non -regulated substance.  This term does not apply when a 
tank system is emptied for repair . 
"Tier I risk -based screening levels (RBSLs)" are the default maximum concentrations for COCs used to 
determine whether remediation (cleanup) is required.   
"Tier II s ite-specific target level(s) (SSTLs)” are the risk -based remedial action target levels for COCs  
developed for a particular site using site- specific geological and hydrogeological data in a 
predictive model.   
"Tier III closure criteria" establishes conditions where all exposure pathways have been eliminated, even 
though dissolved -phase COCs remain above Tier I RBSLs beyond the release property boundary 
and beneath, but not beyond the adjoining public roadway.   
"Tier IV closure criteria" establishes conditions where all exposure pathways have been eliminated, even 
though dissolved -phase COCs remain above Tier I RBSLs beyond the release property boundary 
irrespective of land use and where no storage tanks remain on the release property.  
“Training program ” means any program that provides information to  and evaluates the knowledge of a 
Class A, Class B, or Class C operator through testing, practical demonstration, or another 
approach acceptable to the implementing agency regarding requirements for UST systems that 
meet the requirements of S ection 2 -3-1. 
"Transportation -related facilities" as used in these regulations means facilities where all ASTs with 
capacities from 660 to 39,999 gallons are regulated by the USDOT.  
"Trustee"  is a member of a Trust that is an applicant to the Fund.  A trustee can be an individual  or a 
company that acts on behalf of the Trust.  
"Ullage"  is the portion of a storage tank that does not contain liquid.  
"Unattended cardlock system" is a vehicle fueling facility, which uses a mechanical or electronic method 
of tracking fuel deli veries using an identification card.  
 
"Under -dispenser containment (UDC) "  means c ontainment underneath a dispenser that will prevent 
leaks from the dispenser and piping within or above the UDC  from reaching soil or groundwater.  
"Underground storage tank " (UST) means any one or combination of tanks, including underground pipes 
connected thereto, except those exempted in statute and these regulations, that is used to 
contain an accumulation of regulated substances and the volume of which, including the volum e 
of underground pipes connected thereto, is ten percent or more beneath the surface of the 
ground and is not permanently closed.   
"Underground storage tank (UST) system" refers to an underground storage tank, connected 
underground piping, underground anci llary equipment, and containment system, if any.  
"Upgrade" means the addition or retrofit of some systems (such as cathodic protection, lining, 
modification of the system piping, or spill and overfill controls, etc.) to improve the ability of an 
UST or AST  system to prevent the release of product.  
"Vault" means an enclosure (other than a secondary containment tank), either above or below -grade, that 
completely encloses an AST.  
"Wastewater treatment tank" means a tank that is designed to receive and treat in fluent wastewater 
through physical, chemical, or biological methods.  
"Working days " consecutive days excluding weekends and nationally recognized holidays .  12 Section 1- 6  Glossary of Acronyms  and Initializations   
ANSI American National Standards Institute  NFPA National Fire Protection Association  
API American Petroleum Institute  NIOSH  National Institute of Occupational Safety 
and Health  
AST Aboveground storage tank  NIST National Institute of Standards and 
Technology  
ASTM  ASTM International  NTEP  National T ype Evaluation Program  
BTEX  Benzene, Toluene, Ethyl Benzene, 
Xylene  OPS Division of Oil and Public Safety  
CAP Corrective Action Plan  PAH Poly-aromatic hydrocarbons  
CC Certificate of Conformance  PP Pressurized piping  
CERCLA  Comprehensive Environmental 
Response, Compensation, and 
Liability Act  Psig Pounds per square inch gauge  
CFR Code of Federal Regulations  PSTF  Petroleum Storage Tank Fund  
COC Chemicals of concern  RBCA  Risk-based corrective actions  
C.R.S.  Colorado Revised Statutes  RBSL  Risk-based scr eening level  
EPA United States Environmental 
Protection Agency  RMFD  Retail Motor Fuel Dispenser/Device  
FRP Fiberglass reinforced plastic  RD Release Detection  
FR Financial responsibility  SCR Site Characterization Report  
ICC International Code Council  SIR Statistical Inventory Reconciliation  
IRA Initial Risk Assessment  SPCC  Spill Prevention, Control, and 
Countermeasure  
LNAPL  Light Non -Aqueous Phase Liquid  SSTL Site Specific Target Level  
LPG Liquid petroleum gas  STP Submersible Turbine Pump  
MRR Monitor ing and Remediation Report  TPH Total Petroleum hydrocarbons  
MTBE  Methyl -tertiary -butyl -ether VP Vapor Pressure  
NACE  National Association of Corrosion 
Engineers  UDC Under Dispenser Containment  
NFA No further action  UL Underwriters Laboratories/Underwrite rs 
Laboratories of Canada  
NFAR  No Further Action Report  UST Underground storage tank  
 
Section 1- 7  Codes, Documents or Standards incorporated by reference 
The following codes, documents or standards a re incorporated by reference and may be purchased from  
the websites listed below the title of each Institute or Association : 
American National Standards Institute (ANSI) 
http://webstore.ansi.org/  
Standard B31, American National Standard Code for Pressure Piping, published October 14, 
2003.    
Standard B31.3,  Petroleum Refinery Piping, published February 14, 2002.    
Standard B31.4, Liquid Petroleum Transportation Piping System, published August 5, 2002.    
 Formatted:  Font color:  Custom
Color(RGB(31,73,125)) 13 American Petroleum Institute (API) 
http://www.techstreet.com/api  
Recommended Practice 1604, Removal and Disposal of Used Underground Petroleum Storage 
Tanks, published November 2001.  
PublicationStandard 650, Welded Steel Tanks for Oil Storage, 11th Edition, published June 2007 . 
Publication Recommended Practice 1615,  Installation of Underground Petroleum S torage 
Systems, published November 2001.    
Publication Recommended Practice 1621, Recommended Practice for Bulk Liquid Stock Control 
at Retail Outlets, published 1993.    
Publication Recommended Practice 1626, Storing and Handling Ethanol and Gasoline- Ethanol 
Blends at Distribution Terminals and Service Filling  Stations, published January 18, 2000.    
Publication Recommended Practice1627, Storage and Handling of Gasoline- Methanol/Co -solvent 
Blends at Distribution Terminals and Service Stations, published J anuary 18, 2000.    
American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of 
Existing Steel Underground Storage Tanks ”;Publication Recommended Practice 1631, 
Recommended Practice for the Interior Lining of Existing St eel Underground Storage 
Tanks, published June 2001.    
Recommended PracticePublication 1632, Cathodic Protection of Underground Petroleum Storage 
Tanks and Piping Systems, published June 2002.    
Publication Standard 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage 
Tanks, published August 2001.    
Publication 2015A, Lead Hazard Associated with Tank Entry, published 1982.  Withdrawn by API   
Publication 2015B, Cleaning Open Top and Floating Roof Tanks, published August, 1981.    
Publication Recommended Practice 2200, Repairing Crude Oil, Liquified Petroleum Gas, and 
Product P ipelines, published May 1994 9. 
Standard 653, Tank Inspection, Repair, Alteration, and Reconstruction, published November 1, 
2014.  
Standard 2000, Venting Atmospheric  and Low-Pressure Storage Tanks, published March 1, 
2014.  
American Society of Testing and Materials ASTM International  (ASTM)  
https://www.astm.org/Standard/standards -and-publications.html  
Standard D5, Test for Penetration for Bituminous Mater ials, published June 1, 2005.  
Standard D4021 -86, Standard Specification for Glass -Fiber -Reinforced Polyester Underground 
Petroleum Storage Tanks, published June 15, 1992.   
Standard D  4814 -16a, Standard Specification for Automotive Spark -Ignition Engine Fuel, 
published Februa ry 2016.   
Standard G158, Standard Guide for Three Methods of Assessing Buried Steel Tanks ,  14 Published September 10, 1998  
Annual Book of ASTM Standards, Section 5, Petroleum Products, Lubricants, and Fossil Fuels, 
published 2017  
Association for Composite Tan ks (ACT)  
http://www.steeltank.com/Publications/STISPFAStore/tabid/487/rvdsfcatid/act -100-technology -
14/Default.aspx  
ACT-100, Specification for the Fabrication of FRP Clad Underground Storage Tanks, published 
1989.    
 
Airlines for America (A4A)  
https://publications.airlines.org  
 
ATA Airport Fuel Facility Operations and Maintenance Guidance Manual , published April 16,                          
2014  
Environmental Protection Agency (EPA)  
https://www.epa.gov /ust 
EPA Form 50 FR 46602, published November 8, 1985   
Hazardous and Solid Waste Amendments of 1984, Public Law 98 -616   
National Association of Corrosion Engineers (NACE)  
http://www.nace.org/Publications/  
Internatio nal Standard Practice SP 0169, Control of External Corrosion on Underground or 
Submerged Metallic Piping Systems Standard RP -01-69, Control of External Corrosion on 
Submerged Metallic Piping Systems , published April 11, 2002.   
Internatio nal Standard Practice SP 0285, External Corrosion Control of Underground Storage 
Tank Systems by Cathodic ProtectionStandard RP -02-85, Control of External Corrosion 
on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems , published 
April 6, 2002.    
National Fire Protection Association (NFPA)  
http://www.nfpa.org/codes -and-standards  
Publication NFPA 30, Flammable and Combustible Liquids Code, 2008 Edition.  
Publication NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2008 
Edition.  
Publication NFPA 70, National Electrical Code , published August 18, 2005.  
Publication NFPA 80, Standard for Fire Doors and Fire Windows, published 1999.   
Publication NFPA 90A, Standard for the Installation of Air Conditioning and Ventilating Systems, 
published January 2, 2003.    
Publication NFPA 91, Standard for the Installation of Blower and Exhaust Systems for Dust, 
Stock, and Vapor Removal or Conveying, published August 4, 2004.  
Publication NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 
published 1990.   Formatted:  Font:  10 pt
Formatted:  Font:  Bold
Formatted:  par1,  None
Formatted:  Font:  10 pt,  Font color:  Auto
Formatted:  Font:  (Default)  Arial
Formatted:  Font:  (Default)  Arial,  10 pt
Formatted:  Normal,  Level 3,  Indent:  Left: 
0.5", Hanging:   0.5"
Formatted:  Font:  (Default)  Arial,  10 pt
Formatted:  Font:  10 pt
Formatted:  Indent:  Left:  0", First line:  0" 15 National Ins titute for Occupational Safety and Health (NIOSH)  
https://www.cdc.gov/niosh/docs/80 -106/ 
Criteria for a Recommended Standard, Working in Confined Spaces, DHHS (NIOSH) Publication 
No.80 -106, published December 1979.   
National Institute of Standards and Tec hnology  
https://www.nist.gov/publications  
NIST Handbook 44, " Specifications, Tolerances, and Other Technical Requirements for 
Commercial W eighing and Measuring Devices ", published 2012  
NIST Handbook 130, " Uniform Laws and Regulations in the Aarea of Llegal Mmetrology and 
Eengine ffuel qquality ", published 2012  
National Leak Prevention Association (NLPA)  
http://www.nlpa- online.org/standards.html  
National Leak Prevention Association Standard 631, Spill Prevention, Minimum 10 Year Life 
Extension of Existing St eel Underground Tanks by Lining Without the Addition of 
Cathodic Protection, published 1991.    
National Leak Prevention Association Standard 631, Chapter A, Entry, Cleaning, Interior 
Inspection, Repair, and Lining of Underground Storage Tanks, published 1991  
National Leak Prevention Associ ation Standard 631, Chapter C, Internal Inspection of Steel 
Tanks for Retrofit of Cathodic Protection, published 1991  
Petroleum Equipment Institute (PEI)  
http://www.pei.org/recommended -practices -exams  
Publication RP100, R ecommended Practices for Installation of Underground Liquid Storage 
Systems, published 2005.   
Publication RP  900, Recommended Practices for the Inspection and Maintenance of UST 
Systems , published July 20, 2017  
Steel Tank Institute (STI)  
http://www.steeltank.com/Publications/STISPFAStore/tabid/487/Default.aspx  
sti-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage 
Tanks Specification for STI -P3 System of External Corrosion Protection of Underground 
Steel Storage Tanks , published July 2005.  
Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground 
Piping Networks Associated with Liquid Storage and Dispensing Systems , published 
January 2006  
F922 - Specification for Permatank®, published Oct ober 2014 
ACT-100® Specification F894, Specification for External Corrosion Protection of FRP Composite 
Steel  Underground Storage Tanks, published February 2017  
ACT-100-U® Specification F961, Specification for External Corrosion Protection of Composite 
Steel Underground Storage Tanks , published November, 2015  
SP001, Standard for the Inspection of Aboveground Storage Tanks , 5th Edition  Formatted:  Indent:  Left:  0", First line:  0"
Formatted:  Font:  10 pt,  Font color:  White,
Pattern:  Clear
Formatted:  Font color:  White 16 Underwriters Laboratories/Underwriters Laboratories of Canada (UL)  
https://standardscatalog.ul.com/  
Standard UL 142, Standard for Steel Aboveground Tanks for Flammable and Combustible 
Liquids, published December 28, 2006.  
Standard UL 2080, Standard for Fire Resistant Tanks for Flammable and Combustible Liquids, 
published March 14, 2000.  
Standard UL 2085, Standard for Protected Aboveground Tanks for Flammable and Combustible 
Liquids, published December 30, 1997.  
Subject Standard  UL 971, UL Listed Nonmetallic Underground Piping for Flammable Liquids Non-
Metal Pipe, published January 2, 2004.    
Standard UL 971A, Outline of Investi gation for Metallic Underground Fuel Pipe, published 
October 18, 2006  
Standard 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, 
published July 27, 1998.    
Standard 567, Pipe Connectors for Flammable and Combustible and LP Gas, published October 
22, 2004.    
Standard 1316, Standard for Glass - Fiber -Reinforced Plastic Underground Storage Tanks for 
Petroleum Products, Alcohols and Alcohol -Gasoline Mixtures , published April 2, 1996.    
Standard 1746, External Corrosion Protection  Systems for Steel Underground Storage Tanks, 
published February 8, 2002.    
CAN4 -S603- M85, Standard for Steel Underground Tanks for Flammable and Combustible 
Liquids, published 2000.    
CAN4 -S603.1 -M85, Standard for Galvanic Corrosion Protection Systems f or Underground Tanks 
for Flammable and Combustible Liquids, November 2003.   
CAN4 -S615- M83, Standard for Reinforced Plastic Underground Tanks for Flammable and 
Combustible Liquids Petroleum Products , published 1998.    
CAN4 -S631- M84, Isolating Bushings for Steel Underground Tanks Protected with Coatings and 
Galvanic Systems, published 1998.    
CAN4 -S633- M81, Flexible Underground Hose Connectors, published August 1999.   
CAN4 -S660, Standard for Nonmetallic Underground Piping for Flammable and Combustible 
Liquids , published May, 2008  
Guide ULC -107, Glass Fiber Reinforced Plastic Pipe and Fittings for Flammable Liquids, 
published 1993.  
 
Department of Defense  (DOD) 
http://www.wbdg.org/FFC/DOD/UFC/ufc_3_460_01_2010_c2.pdf  
 Unified Facilities Criteria (UFC) 3 –460– 01, Petroleum Fuel Facilities , published June 17, 2015  
 Department of Defense Directive 4140.25, DOD Management Policy for Energy Commodities 
and Related Services , published April  12, 2004  Formatted:  Indent:  Left:  0", First line:  0" 17 Section 1- 8  Inspection of incorporated codes 
Interested parties  may inspect the referenced incorporated materials by contacting the Division of Oil and 
Public Safety at 633 17th Street, Suite 500, Denver, Colorado 80202.   
Section 1- 9  Later amendments not included 
This rule does not include later amendments to or edit ions of the incorporated material.   18  
ARTICLE 1.5  MOTOR FUEL DISPENSING AND PRODUCT QUALITY  
The method of sale and quality of motor fuels are regulated by the Director to ensure consumer protection 
and equity in the marketplace. This article lists the minimum specifications and tolerances for dispensing 
equipment and motor fuel quality to ensure compliance with Colorado statutes and adopted codes and 
standards.   Further description of these requirements can be found in guidance documents, policies and 
procedures provided by the Director.  
Section 1.5 -1  Applicability  
(a)  The requirements of Sections 1.5- 2 and 1.5 -3 shall apply to dispensers and product quality at retail 
facilities.  
(b)  All retail and non -retail motor fuel dispensers must comply with the mi nimum standards as prescribed 
by the applicable sections of National Fire Protection Association (NFPA) 30A “Code for Motor 
Fuel Dispensing Facilities and Repair Garages”.  
Section 1.5 -2  Retail Motor Fuel Dispensers Inspection and Testing 
(a)  All retail m otor fuel dispensers (RMFD) shall be suitable for their intended use, properly installed, and 
accurate, and shall be maintained in that condition by their owner/operator.  
(b)  All RMFDs shall have an active National Type Evaluation Program (NTEP) Certificate of 
Conformance (CC) prior to its installation or use for commercial purposes.  
(c)  The division shall be notified when any new or remanufactured RMFD is placed in service at a new or 
existing installation.  
 (1) Notification shall be submitted using a placed in service report provided by the division.  
(d)  No owner/operator of any RMFD shall use the RMFD for the measurement of liquid fuel products 
unless it has been proved in a manner acceptable to the Director and sealed as correct by a state 
inspector or registered service agency . 
(e)  If any RMFD fails to comply with any of the provisions of this regulation, a state inspector shall seal it 
in such a manner as to prohibit its use, and it shall remain sealed until it complies with all of the 
provisions of this regulation.  
(1)  When an RMFD is brought back into compliance with this regulation it must be placed back in 
service by a state inspector or registered service agency.  
(f)  All RMFDs shall comply with the minimum standards as prescribed by the appli cable sections of 
NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages”, NIST Handbook 44, 
"Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices," NIST Handbook 130, "Uniform Laws and Regulations in the A area of Llegal 
Mmetrology and Eengine Ffuel Qquality" except as modified or rejected by this regulation or by 
the Director.   
(g)  All RMFDs shall be labeled in accordance with the minimum standards as prescribed by the 
applicable sections of NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages” and NIST Handbook 130, “Uniform Laws and Regulations in the area of legal metrology and engine fuel quality”, United States Environmental Protection Agency regulations, and Color ado 
Statutes, except as modified or rejected by this regulation or by the director.  
  19 Section 1.5 -3  Product Quality  
(a)  All liquid fuel products in Classes I, II, and III shall comply with the applicable specifications of ASTM, 
which are found in the Annual Book of ASTM Standards  Section 5 of that organization's 
publication "Petroleum Products, Lubricants, and Fossil Fuels"  (ASTM 4814) .  
[Note 1: Class I flammable liquids include all grades of gasoline, and most motor fuels blended 
using alcohol and MTBE ( methyl -tertiary -butyl -ether).]  
[Note 2: Class II combustible liquids include #1 and #2 diesel fuels, #1 and #2 heating oil, 
kerosene, and Jet -A grade jet fuel.]  
[Note 3: Class III combustible liquids include most lubricating oils and heavy fuel oils.]  
(b)  If gasoline is blended with ethanol, the ASTM D 4814 specifications shall apply to the base gasoline 
prior to blending. Blends of gasoline and ethanol shall not exceed the ASTM D 4814 vapor 
pressure standard, except that, if the ethanol is blended at nine percent or higher but not 
exceeding ten percent, the blend may exceed the ASTM D 4814 vapor pressure standard by no 
more than 1.0 PSI.   
(c)  In addition to the above, all liquid fuel products shall comply with the requirements published in the 
NIST Handbook 130 "Uniform Laws and Regulations in the area of legal metrology and engine fuel quality" except as modified or rejected by this regulation.   
(d)  The allowable reductions in vehicle antiknock requirements for altitude are 4.5 for less than 89 
Antiknock  Index (AKI), and 3.0 for greater than 89 AKI. Fuel may be marketed using these 
reductions, but actual AKI minimum must be posted.  
 
 
 
 
 Formatted:  Font:  (Default)  Arial,  10 pt 20 ARTICLE 2  UNDERGROUND STORAGE TANKS  
Section 2- 1  UST Program Scope  and Applicability   
UST systems in Colorado are regulated to protect the people and environment of Colorado from the 
potentially harmful effects of the regulated substances contained within UST systems.   The purpose of 
this article is to present to owner/operators of UST systems a description of the minimum  general 
standards for design, construction, installation and operation of these systems to be in compliance with 
these regulations and Colorado statutes.  Further description of these requirements can be found in guidance documents, policies and procedures provided by the Director.  
2-1-1  Applicability  
 (a)  Regulated UST systems  
These UST regulations apply to all owners/operators of an UST system except as otherwise provided in 
paragraphs (b), (c), and (d) of this section.  
 
(1) Previously deferred UST sy stems . Airport hydrant fuel distribution systems, UST systems with 
field-constructed tanks, and UST systems that store fuel solely for use by emergency power 
generators must meet the requirements of this section as follows:  
 
(i) Airport hydrant fuel distr ibution systems and UST systems with field- constructed tanks 
must meet the requirements in S ection 2.5 (UST Systems with Field Constructed Tanks 
and Airport Hydrant Distribution Systems) .  
 (ii) UST systems that store fuel solely for use by emergency power  generators installed 
on or before January 1, 2017 must meet the release detection requirements  of §2.3.4 on 
or before January 1, 2020 .  
 [Note : UST sy stems storing fuel solely for use by emergency power generators that 
existed  on or before January 1, 2017 were already required to meet all other applicable 
requirements of this article .] 
 (iii) UST systems that store fuel solely for use by emergency power generators installed after January 1, 2017 must meet all applicable requirements of this section at inst allation 
 (2) Any UST system listed in paragraph (c) of this section must meet the requirements of Section 
2-1-1-(d) (Installation Requirements for P artially Excluded UST Systems) . 
(b)  Excluded UST Systems  
The following UST systems  or installations are excluded  from these UST regulations:  
(1)  Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid 
Waste Disposal Act, or a mixture of such hazardous waste and other regulated 
substances;  
(2)  Any wastewater treatment tank s ystem that is part of a wastewater treatment facility regulated 
under Section 402 or 307(b) of the Clean Water Act;  
(3)  Equipment or machinery that contains regulated substances for operational purposes such as 
hydraulic lift tanks and electrical equipment tanks;  
(4)  Any UST system whose capacity is 110 gallons or less;  
(5)  Any UST system that contains a de minimis concentration of regulated substances ;   21 (6)  Any emergency spill or overflow containment UST system that is expeditiously emptied after 
use; 
(7)  Any farm or residential UST with a capacity of 1,100 gallons  or less  that is used for storing 
motor fuel for non -commercial purposes ; 
(8)  Any tank used for storing heating oil for consumptive use on the premises where it is located;  
(9)  Any septic t ank; 
(10)  Any pipeline facility, including its gathering lines, which is regulated under chapter 601 of 
Title 49 U.S.C. , or which is an intrastate pipeline facility regulated under state laws as 
provided in chapter 601 of Title 49 U.S.C. and which is dete rmined by the Secretary of 
Transportation to be connected to a pipeline, or to be operated or intended to be capable 
of operating at pipeline pressure or as an integral part of a pipeline;  
(11)  Any surface impoundment, pit, pond, lagoon, or landfill;  
(12)  Any storm -water or Wastewater collection system;  
(13)  Any flow -through process tank;  
(14)  Any liquid trap or associated gathering lines directly related to oil or gas production and 
gathering operations;  
(15)  Any storage tank situated in an underground area, such as a basement, cellar, mine-
working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor.  
[Note:  Section 2 -1-1(b)(1 ) through (6) are excluded from these UST regulations  per CFR 280.10 
(b).  Section 2-1-1(b) (7) through (15) are excluded from these UST regulations  per C.R.S. § 8-
20.5-101(17)(b). ] 
(c)  Partially Excluded UST Systems   
The following types of UST systems are deferred from all parts of these regulations ex cept for release 
response (Article 5) and financial responsibility (Article 7) .  
(1)  Wastewater treatment tank systems  not covered under 2 -1-1(b)(2) . 
(2)  Any UST systems containing radioactive material that are regulated under the Atomic Energy 
Act of 1954 (42 U.S.C. § 2011 and following) . 
(3)  Any UST system that is part of an emergency generator system at nuclear power generation 
facilities licensed by the Nuclear R egulatory Commission and subject to Nuclear 
Regulatory Commission requirements regarding design and quality criteria, includi ng but 
not limited to 10 CFR  Part 50 . 
(4)  Aboveground storage tanks associated with airport hydrant fuel distribution systems . 
(5)  Aboveground storage tanks associated with UST systems with field -constructed tanks.  
(d)  Installation Requirements for P artially Excluded UST Systems 
 
(1) Owners and operators must install an UST system listed in 2- 1-1(c) (1), (2 ), or (3 ) storing 
regulated substances (whether of single - or double-  wall construction)  that meets the following 
requirements:  
(a) Will prevent releases due to corrosion or structural failure for the operational life of the 
UST system;   22  
(b) Is cathodically protected against corrosion, constructed of non- corrodible material, 
steel clad with a non -corrodible material, or designed in a manner to prevent  the release 
or threatened release of any stored substance; and  
 
(c) Is constructed or lined with material that is compatible with the stored substance.  
 
(2) Notwithstanding paragraph (1) of this section, an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to 
cause it to have a release due to corrosion during its operating life. Owners and operators must 
maintain records that demonstrate compliance with the requirements of this  paragraph for the 
remaining life of the tank.  
 
[Note:  The following codes of practice may be used as guidance for complying with this section:  
 
(A) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”;  
 
(B) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”;  
 
(C) American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of 
Underground Petroleum Storage Tanks and Piping Systems”; or  
 
(D) Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion 
Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing 
Systems”.  
 
2-1-2  Determination of Ownership and Use  
An UST that was in use before December 22, 1988 and which was not closed in accordance with national 
fire codes in effect at the time is considered to be in use until it is permanently closed in accordance with 
these regulations. An UST that is in use on or after December 22, 1988 is considered to be in use until it 
is permanently closed in accordance with these regulations.  
Section 2-2 UST Design, Construction, Installation and  Registration 
2-2-1  Design and Performa nce standards for new and replaced UST systems  
In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the 
UST system is used to store regulated substances, all owners/operators of new and replaced UST systems must meet the following requirements.  
(a)  Tanks. Secondary containment and interstitial monitoring is required for all new underground tank 
installations. Secondary containment must be able to contain regulated substances leaked from 
the primary containment until they are detected and removed and prevent the release of 
regulated substances to the environment at any time during the operational life of the UST 
system.
 If an existing underground tank is replaced, the secondary containment and interstitial  
monitoring requirements apply only to the replaced underground tank. The secondary containment requirements do not apply to repairs meant to restore an underground tank to 
operating condition. Each tank must be properly designed and constructed, and any portion of an 
underground tank that routinely contains product must be protected from corrosion in accordance 
with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below . 
(1)  The tank is constructed of fiberglass -reinforced plastic ; or  23 [Note:  The following  codes of practice may be used to comply with paragraph (a)(1) of 
this section:   
(A) Underwriters Laboratories Standard 1316, "Glass - Fiber -Reinforced Plastic 
Underground Storage Tanks for Petroleum Products , Alcohols and Alcohol -Gasoline 
Mixtures "; or  
(B) Underwriter's Laboratories of Canada CAN4 -S615- M83, "Standard for Reinforced 
Plastic Underground Tanks for Flammable and Combustible Liquids ".] 
(2)  The tank is constructed of steel and cathodically protected in the following manner:  
(i)  The tank is coated with a suitable dielectric material;  
(ii)  Field -installed cathodic protection systems are designed by a corrosion expert;  
(iii)  Impressed current systems are designed to allow deter mination of current operating 
status as required in 2 -3-3(b); and  
(iv)  Cathodic protection systems are operated and maintained in accordance with 2 -3-
3(a); or  
[Note:  The following codes of practice may be used to comply with paragraph 
(a)(2) of this sect ion: 
(A)  Steel Tank Institute " sti-P3 Specification and Manual for External Corrosion 
Protection of Underground Steel Storage Tanks   "; 
(B)  Underwriters Laboratories Standard 1746, " External Corrosion Protection 
Systems for Steel Underground Storage Tank s"; 
(C)  Underwriters Laboratories of Canada CAN4 -S603 -M85S603 "Standard for 
Steel Underground Tanks for Flammable and Combustible Liquids," and 
CAN4 -S603.1 -M85, “Standard for Galvanic Corrosion Protection 
Systems for Underground Tanks for Flammable and Combustible Liquids  
S603.1 "Standard for External  Corrosion Protection Systems for Steel 
Underground Tanks for Flammable and Combustible Liquids, " and 
CAN4 -S631- M84S631 "Standard for Isolating Bushings for Steel 
Underground Tanks Protected with Coatings and Galvanic Systems  
External Co rrosion Protection Systems "; or 
(D)  NACE International Standard Practice SP 0285"External Corrosion Control 
of Underground Storage Systems  by Cathodic Protection," and 
Underwriters Laboratories Standard 58, Standard for Steel U nderground 
Tanks for Flammable and Combustible Liquids.]  
(3)  The tank is constructed of steel and clad or jacketed with a non-corrodible material ; or 
[Note:  The following codes  of practice may be used to comply with paragraph (a)(3) of 
this section:   
(A) Underwriters Laboratories Standard 1746, " External Corrosion Protection Systems 
for Steel  Underground Storage Tanks,"  
(B) Steel Tank Institute  ACT-100® Specification F894, "Specification for External 
Corrosion Protection of FRP Composite Steel  Underground Storage Tanks."   24 (C) Steel Tank Institute ACT -100-U® Specification F961, “Specification for External 
Corrosion Protection of Composite Steel Underground Storage Tanks”; or  
(D) Steel Tank Institute Specification F922, “ Steel Tank Institute Specification for 
Permatank®”. ] 
(4)  The tank is constructed of metal without additional corrosion protection measures provided 
that: 
(i)  The tank is installed at a site that is determined by a corrosion expert not to be 
corrosive enough to cause it to have a release due to corrosion during its 
operating life; and  
[Note:  The National Association of Corrosion Engineers Standard RP -02-85, 
"Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," may be used as guidance for complying with p aragraph 
(4)(i) of this section.]   
(ii)  Owners/operators maintain records that demonstrate compliance with the 
requirements of paragraph (a)(4)(i) of this section for the remaining life of the 
tank; or   
(5)  The tank construction and corrosion protection are determined by the Director to be designed 
to prevent the release or threatened release of any stored regulated substance in a 
manner that is no less protective of human health and the environment than paragraphs 
(a)(1) through (4) of this section.  
 
(b)  Piping. Secondary containment and interstitial monitoring is required for all new piping installations,  
including piping to remote fills.  Secondary containment must be able to contain regulated 
substances leaked from the primary containment until they a re detected and removed and 
prevent the release of regulated substances to the environment at any time during the operational 
life of the UST system. For replaced piping, secondary containment and interstitial monitoring is 
required for the total length of  piping connected to a single UST whenever more than 50% or 50 
feet (whichever is less) of the piping connected to that tank is replaced. Installation of new or 
replaced piping will require the installation of containment sumps (under -dispenser [ UDC] , 
submersible turbine pump [STP] or transition) on both ends of the secondarily contained pipe for 
interstitial monitoring. These secondary containment requirements do not apply to repairs meant to restore piping to operating condition. F or the purposes of deter mining when secondary 
containment is required by these rules, a repair is any activity that does not meet the definition of 
“replace ”.  These secondary containment requirements also do not apply to vent piping, vapor 
recovery piping, and fill pipes not connected to remote fills.  
 
The piping that routinely contains regulated substances and is in contact with the ground must be 
properly designed, constructed, and protected from corrosion in accordance with a code of 
practice developed by a nationally recogniz ed association or independent testing laboratory as 
specified below . 
(1)  The piping  is constructed of non- corrodible material ; or 
[Note:  The following codes and standards may be used to comply with paragraph (b)(1) 
of this section:  
(A)  Underwriters Labo ratories Standard UL 971, "  Nonmetallic Underground Piping for 
Flammable Liquids "; or 
(B)  Underwriters Laboratories of Canada Standard S660, "  Standard for Nonmetallic 
Underground Piping for Flammable and Combustible Liquids ".]  25 (2)  The piping is construc ted of steel and cathodically protected in the following manner:  
(i)  The piping is coated with a suitable dielectric material;  
(ii)  Field -installed cathodic protection systems are designed by a corrosion expert;  
(iii)  Impressed current systems are designed to allow determination of current operating 
status as required in 2 -3-3(b); and  
(iv)  Cathodic protection systems are operated and maintained in accordance with 2 -3-
3(a); or  
[Note:  The following codes and standards may be used to comply with 
paragraph (b)(2) of this section:  
(A)  American Petroleum Institute Recommended Practice 1632, "Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping Systems"  
 (B)  Underwriters Laboratories Subject Standard UL 971A, “Outline of 
Investigation for Metallic Underground Fuel Pipe” ; 
(C)  Steel Tank Institute Recommended Practice R892, “Recommended Practice 
for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems”;  
(D)  NACE International Standard Pract ice SP 0169, "Control of External 
Corrosion on Underground or  Submerged Metallic Piping Systems." ; or 
(E)  NACE International Standard Practice SP 0285, “External Corrosion Control 
of Underground Storage Tank Systems by Cathodic Protection”. ] 
(3)  The pipi ng is constructed of metal without additional corrosion protection measures provided 
that: 
(i)  The piping is installed at a site that is determined by a corrosion expert to not be 
corrosive enough to cause it to have a release due to corrosion during its 
operating life; and  
(ii)  Owners/operators maintain records that demonstrate compliance with the 
requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or  
 (4)  The piping construction and corrosion protection are determi ned by  the Director to be 
designed to prevent the release or threatened release of any stored regulated substance 
in a manner that is no less protective of human health and the environment than the 
requirements in paragraphs (b)(1) through (3) of this sect ion. 
(c)  Spill and overfill prevention equipment.  
(1)  Except as provided in paragraphs  (c)(2) and (c) (3) of this section, to prevent spilling and 
overfilling associated with product transfer to the UST system, owners/operators must 
use the following spil l and overfill prevention equipment:  
(i)  Spill prevention equipment that will prevent release of product to the environment 
when the transfer hose is detached from the fill pipe ( e.g., a spill catchment 
basin); and   26 (ii)  Overfill prevention equipment that  will: 
(A)  Automatically shut off flow into the tank when the tank is more than 95 
percent full; or  
(B)  Alert the transfer operator when the tank is more than 90 percent full by 
restricting the flow into the tank or triggering a high -level alarm.  
(2)  Ow ners/operators are not required to use the spill and overfill prevention equipment specified 
in paragraph (c)(1) of this section if:  
(i)  Alternative equipment is used that is determined by the Director to be no less 
protective of human health and the envi ronment than the equipment specified in 
paragraph (c)(1)(i) or (ii) of this section; or  
(ii)  The UST system is filled by transfers of no more than 25 gallons at one time.  
(3)  Flow restrictors used in vent lines may not be used to comply with paragraph (c )(1)(ii) of this 
section when overfill prevention is installed or replaced after January 1, 2017.  
(4)  Spill and overfill prevention equipment must be periodically tested or inspected in accordance 
with Section 2-3-5. 
 
(d) Dispensers.  
(1)  Under -dispenser containment shall be required for all new motor fuel dispenser systems. A 
motor fuel dispenser system is cons idered new when:  
(i)  A dispenser is installed at a location where there previously was no dispenser (new 
UST system or new dispenser location at an e xisting UST system) ; 
(ii)  An existing dispenser is removed and replaced with another dispenser and the 
equipment used to connect the dispenser to the UST system is replaced at any 
point below the fire valve. This equipment may include unburied flexible 
connectors or risers or other transitional components that are beneath the 
dispenser and connect the dispenser to the piping; or  
(iii)  An existing dispenser is removed and replaced with another dispenser and the 
dispenser island has to be modified ( i.e., concrete is broken ) to install the 
dispenser.  
(2)  Under -dispenser containment must be liquid -tight on its sides, bottom, and at any 
penetrations. Under -dispenser containment must allow for visual inspection and access 
to the components in the containment sy stem or be periodically monitored for leaks from 
the dispenser system.  
(3)  Under -dispenser containment shall not be required when an existing dispenser is removed 
and replaced with another dispenser that is not considered a new dispenser.  
(e) Minimum Secondary Containment Requirements. At a minimum, secondary containment systems 
must be designed, constructed, and installed to:  
(1)  Contain regulated substances released from the tank system until they are  
detected and removed.  To meet this requirement , all secondary containment systems , 
including containment sumps , shall be tested for leaks at the time of installation and 
within 30 calendar days of a year thereafter using a testing method listed by the National 
Workgroup on Leak Detection Evaluations (NWGLD E) or an alternate test ing method 
approved by the Director.   27 (2)  Prevent the release of regulated substances to the environment at any time during the 
operational life of the UST system. Periodic  testing of the secondary containment system 
is required in accordance with Section 2- 3-5.  Also , if free product is detected in a 
containment sump, the sump shall be tested at that time for leaks using a testing method 
listed in Section 2- 3-5r5 . 
(3)  Be checked for evidence of a release at least every 30 calendar days.  
(4)  Include interstitial monitoring that meets the requirements of 7 C.C.R. 1101 -14 §2-3-4-2(g).  If 
interstitial monitoring is the sole method of release detection for the UST system, sump sensors shall be installed and each sensor shall be tested for functionality by manual 
tripping on an annual basis.  
(f)  Compatibility.   
(1)  Owners/operators must use an UST system made of or lined with materials that are 
compatible with the substance stored in the UST.  
(2)  Owners and operators must notify the implementing agency at least 30 days prior to 
switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by the 
implementing agency. In addition, owners and operators with UST systems storing these 
regulated substances must meet one of the following:  
(i)  Demonstrate compatibility of the UST system (including the tank, piping, containment 
sumps, pumping equipment, release detection equipment, spill equipment, and 
overfill equipment). Owners and operators may demonstrate compatibility of the 
UST system by using one of the following options:  
(A)  Certification or listing of UST system equipment or components by a 
nationally recognized, independent testing laborat ory for use with the 
regulated substance stored; or  
(B)  Equipment or component manufacturer approval. The manufacturer’s 
approval must be in writing, indicate an affirmative statement of 
compatibility, specify the range of biofuel blends the equipment or 
component is compatible with, and be from the equipment or component 
manufacturer; or  
(C)  Use another option determined by the implementing agency to be no less 
protective of human health and the environment than the options listed in 
paragraphs (A) or (B ) of this section.  
(3)  Owners and operators must maintain records in accordance with Section 2 -3-7(b) 
documenting compliance with paragraph (i) of this section for as long as the UST system 
is used to store the regulated substance.  
 [Note: Owners/operator s storing alcohol blends may use the following codes to comply with the 
requirements of this section:  
 
(A)  American Petroleum Institute Publication Recommen ded Practice 1626, " Storing and 
Handling Ethanol and Gasoline- Ethanol Blends at Distribution Terminals and Filling 
Stations "; and  
 
(B)  American Petroleum Institute Publication 1627, Storage and Handling of Gasoline -
Methanol/Co -solvent Blends at Dis tribution Terminals and Service Stations,  
Recomme nded Practice Publication 1627, "Storage and Handling of G asoline-
Methanol/Cosolvent Blends at Distribution Terminals and Service Stations."]   28 2-2-2  Installation  
No person may install, or cause to be installed, a new or replacement UST system or facility until:  
(a)  An application, as described in 2-2-2-1 has been approved by the Director  and an installation permit 
has been issued by the Director ; 
(b)  The installation plan has been reported to the local Fire Department having jurisdiction; and  
(c)  The application/inspection fee described in 2-2-2-1(c) has been paid.  
2-2-2-1  Installation Application  
The Director will make available an application form to facilitate submission of required information. A 
complete installation application must be received by the Director  no less than 20 working days prior to 
const ruction.  The application must be approved before beginning construction : 
(a)  On any new UST system used to store regulated substances.  
(b)  On an UST system that is being upgraded to the standards described in these regulations or 
applicable statutes.  
(c)  For each UST installation or upgrade construction plan submitted, the owner/operator must remit a 
fee of one hundred fifty ($150) dollars to the Director to cover the costs of the site plan revi ew and 
installation inspection.  
(d)  Denial, Revocation, o r Modification of Permit.  
(1) An UST permit application may be denied if the UST installation or operation is not in 
conformance with these regulations; or is not in conformance with both Code 30 and 
Code 30 -A of the National Fire Protection Association.  
(2)  An UST permit application may be denied if the permit application is not complete or is 
determined to be inaccurate.  
(3)  An UST installation permit may be revoked if the UST installation or operation is not in 
conformance with these regulations or is  not in conformance with either Code 30 or Code 
30-A of the National Fire Protection Association. If installation activities have not begun 
within six months of the issuance of the UST installation permit , the UST installation 
permit will be  automatically revoked  unless the Director grants an extension in writing.  
(4)  Six months or later after an UST installation permit is issued, the permit may be modified by 
subsequent statutory or regulatory changes.  
2-2-2-2  Installation  Requirements  
(a)  Installation.  The UST system  must be properly installed in accordance with a code of practice 
developed by a nationally recognized association or independent testing laboratory and in 
accordance with the manufacturer's instructions.  
 [Note:  Tank and piping system ins tallation practices and procedures described in the following 
codes may be used to comply with the requirements of paragraph (a) of this section:  
(A)  American Petroleum Institute Publication Recommended Practice 1615, "Installation of 
Underground Petroleum Storage System s";  
(B)  Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation 
of Underground Liquid Storage Systems"; or   29 (C)  National Fire Protection Association Standard 30, “Flammable and Combustible Liquids 
Code” and Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair 
Garages. "] 
(b) Effective January 1, 2009 all tanks and piping must be properly installed by an installer certified by the 
Director . To obtain certification from the Director , applicants shall submit a completed Installer 
Certification Application with a copy of a current certificate issued by the International Code 
Council (ICC) indicating he or she has passed the ICC UST Installation/Retrofitting examination, 
or the installer has been ce rtified by the tank and piping manufacturers , or the installer  provides  
certification documentation from other states that have equivalent certification requirements.  
(c)  Certification of installation. All owners/operators must demonstrate compliance with paragraph (a ) of 
this section by providing a certification of compliance on the UST registration form in accordance 
with 2-2-3. 
2-2-2-3  Installation Inspection  
The Director will inspect  the UST system before completion of installation activities to verif y the 
requirements of Section 2- 2 are being met . 
(a)  The owner/operator shall provide the Director with a 72 hour notice prior to the time of inspection. (b)  
Any duly authorized agent or employee of the Director shall have authority to enter in or upon t he 
premises of any facility that contains an UST system, containing a regulated substance, for the purpose of verifying that such UST system and its required records are in compliance with these regulations.   
 
2-2-3  UST System Registration  
(a)  Each owne r/operator of a regulated UST system must register each UST system with the Director 
within 30 calendar days after the first day on which the system is actually used to contain a 
regulated substance. This registration must be renewed annually, on or before the calendar date 
of the initial registration, in each succeeding year after 1989. The owner/operator is required to 
pay a registration fee as set by statute for each tank registered.  
(b)  All regulated UST systems and facilities must be registered on a f orm provided by the Director, 
regardless of use, size, or type of regulated substance stored therein; and regardless of whether 
the tanks and facilities are in service or in temporary closure . 
[Note: Owners/operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the Colorado Department of Health in accordance with the Hazardous and Solid Waste Amendments of 1984, 
Public Law 98 -616, on a form published by EP A on November 8, 1985 (50 FR 46602) unless 
notice was given pursuant to S ection 103(c) of CERCLA. Owners/operators who have not 
complied with the notification requirements may use the registration form described in 2 -2-3(b)] 
(c)  Owners required to registe r tanks under paragraph (a) of this section must register each tank they 
own. Owners may register several tanks using one registration form, but owners who own tanks 
located at more than one place of operation must file a separate registration form for eac h 
separate place of operation.  
(d)  Any time there is a change in operation, including upgrading of the UST system, changes in operation 
including a change of owner or operator, or completed closure of an UST system, t he 
owner/operator is required to submi t an updated registration within 30 calendar days . 
(e)  Registration forms required to be submitted under (a) and (d) of this section must provide all of the 
required information for each tank.   30 (f)  All owners/operators of new UST systems must certify in t he registration form, compliance with the 
following requirements:  
(1)  Installation of tanks and piping under 2-2-2-2(a); 
(2)  Cathodic protection of steel tanks and piping under 2 -2-1(a)(2) ; 
(3)  Financial responsibility under Article 7  of these regulations; and  
(4)  Release detection under 2-3-4. 
(g)  All owners/operators of new UST systems must certify in the registration form that the method used to 
install the UST system complies with the requirements in S ection 2-2-2-2(a). 
(h)  After July 1, 1989, any  person who sells a tank intended to be used as an UST must notify the 
purchaser of such tank of the owner's registration obligations under (a) of this section.  
(i)  The registration form supplied by the Director will meet the requirements of S ection 9002 of the federal 
Solid Waste Disposal Act as amended.  
(j)  The required fee for UST registration is $35.00 per tank per year as authorized by C.R.S.  § 8 -20.5-
102; and the fee for the installation plan review and the installation inspection is set at $150.00, 
as authorized by C.R.S. § 8 -20.5-204, to cover the costs of administering this section.  
 
2-2-4  Upgrading e xisting UST System  
Owners and operators must permanently close (in accordance with Section 2 -4) any UST system that 
does not meet the new UST system performance standards in Section 2 -2 or has not been 
upgraded in accordance with paragraphs (b) through (d) of this section. This does not apply to previously deferred UST systems described in S ection 2-1-1-(a)(1) of this section and where an 
upgrade is determined to be appropriate by the implementing agency.  
(a)  Alternatives allowed. A ll existing UST systems must comply with one of the following:  
(1)  New UST system performance standards under S ection 2-2-1; or 
(2)  Upgrading requirements in (b) throug h (d) of this section; or  
(3)  Closure requirements under S ection 2 -4 of these regulations, including applicable 
requirements for corrective action under Article 5.  
(b)  Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following 
requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:  
(1)  Internal lining. Tanks upgraded by internal lining must meet the following:  A tank may be 
upgraded by internal lini ng if: : 
(i)  The lining was is installed in accordance with the requirements of S ection 2-2-5, and  
(ii)  Within 10 years after lining, and every 5 years thereafter, the lined tank is internally 
inspected and found to be structurally sound with the lining s till performing in 
accordance with original design specifications.  If the internal lining is no longer 
performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally 
recog nized association or independent testing laboratory, then the lined tank 
must be permanently closed in accordance with Section 2-4.  31 (2)  Cathodic protection. Tanks upgraded by cathodic protection must meet the requirements of 
Section 2-2-1(a)(2) and the in tegrity of the tank must have been  ensured using one of 
the following methods:  
(i)  The tank was internally inspected and assessed to ensure that the tank was 
structurally sound and free of corrosion holes prior to installing the cathodic 
protection system; or  
(ii)  The tank had been installed for less than 10 years and is monitored monthly for 
releases in accordance with Section 2-3-4-2(d) through (i); or  
(iii)  The tank had been installed for less than 10 years and was assessed for corrosion 
holes by conducting two (2) tightness tests that meet the requirements of S ection 
2-3-4-2(c). The first tightness test must have been conducted prior to installing 
the cathodic protection system. The second tightness test must have been 
conducted between three (3) and six (6) months following the first operation of 
the cathodic protection system; or  
(iv)  The tank was assessed for corrosion holes by a method that is determined by the 
Director to prevent releases in a manner that is no less protective of human health and the environment than (b)(2)(i) through (iii) of this section.  
(3)  Internal lining combined with cathodic protection. Tanks  upgraded by both internal lining and 
cathodic protection must meet the following:  
(i)  The lining was installed in accordance wit h the requirements of Section 2-2-5; and  
(ii)  The cathodic protection system meets the requirements of S ection 2-2-1(a)(2) . 
[Note:  The following historical codes of practice were listed as options for  
comply ing with this section:  
(A)  American Petroleum Institute  Publication Recommended Practice 1631, 
"Recommended Practice for the “Interior Lining of Existing Steel 
Underground Storage Tanks";  
(B)  National Leak Prevention Association Standard 631, "Spill Prevention, 
Minimum 10 Year Life Extension of Exist ing Steel Underground Tanks by 
Lining Without the Addition of Cathodic Protection";  
(C)  National Association of Corrosion Engineers Standard RP -02-85, "Control of 
External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems "; and  
(D)  American Petroleum Institute Publication 1632, Cathodic Protection of 
Underground Petroleum Storage Tanks and Piping 
Systems Recommended Practice 1632, "Cathodic Protection of 
Underground Petroleum Storage Tanks and Piping Systems."]  
(c)  Piping  upgrading requirements. Metal piping that routinely contains regulated substances and is in 
contact with the ground must be cathodically protected in accordance with a code of practice 
developed by a nationally recognized association or independent testing laboratory and must 
meet the requirements of S ection 2-2-1(b)(2) . 
[Note:  The codes and standards listed in the note following S ection 2-2-4(b)(3)(ii) may be used to 
comply with this requirement.]   32 (d)  Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product 
transfer to the UST system, all existing UST systems must comply with new UST system spill and 
overfill prevention equipment requirements specified in S ection 2-2-1(c). 
 
2-2-5  Repairs  
Owners/operators of US T systems must ensure that repairs will prevent releases due to structural failure 
or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements:  
(a)  Repairs to UST systems must be properly conducted in accordance with a code of practice 
developed by a nationally recognized association or an independent testing laboratory.  
[Note:  The following codes and standards may be used to comply with paragraph (a) of this 
section:   
(A) National Fire Protection Association Standard 30, "Flammable and Combustible Liquids 
Code";  
(B) American Petroleum Institute Recommended Practice 2200, "Repairing Crude Oil, 
Liquefied Petroleum Gas, and Product Pipelines";  
(C) American Petroleum  Institute Publication 1631, “Recommended Practice for the Interior 
Lining of Existing Steel Underground Storage Tanks” American Petroleum Institute 
Recommended Practice RP  1631, "Interior Lining of Existing Steel Underground Storage 
Tanks ”  
(D) National Fire Protection Association Standard 326, “S tandard for the Safeguarding of 
Tanks and Containers for Entry, Cleaning, or Repair”,  
(E) National Leak Prevention Association Standard 631, Chapter A, “Entry, Cleaning, Interior 
Inspection, Repair, and Lining of  Underground Storage Tanks." , 
(F) Steel Tank Institute Recommended Practice R972, “Recommended Practice for the 
Addition of Supplemental Anodes to STI sti-P3® Tanks”,  
(G) NACE International Standard Practice SP 0285, “External Control of Underground 
Storage Tank Systems by Cathodic Protection.”, or  
(H) Fiberglass Tank and Pipe Institute Recommended Practice T -95-02, “Remanufacturing of 
Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks”. ] 
(b)  Repairs to fiberglass -reinforced plastic tanks may be made by the manufacturer's authorized 
representatives or in accordance with a code of practice developed by a nationally recognized 
association or an independent testing laboratory.  
(c)  Metal pipe sections and fittings that have released product as a result of corrosion or other damage 
must be replaced. Non-corrodible pipes and fittings may be repaired in accordance with the 
manufacturer's specifications.  
(d)  If a release of regulated substance is identified during repairs to UST system equipment, the 
owner/operator shall report the release according to Article 4.   
(e)  Post -repair testing  
(1)  Repairs to secondary containment areas of tanks and piping used for interstitial monitoring 
and to containment sumps used for interstitial monitoring of piping must have the  33 secondary containment tested for tightness accordi ng to the manufacturer’s instructions, 
a code of practice developed by a nationally recognized association or independent 
testing laboratory, or according to requirements established by the implementing agency 
within 30 days following the date of completion of the repair. All other repairs to  tanks 
and piping must be tightness tested in accordance with 2 -3-4-2(c) and 2- 3-4-3 within 30 
calendar days following the date of the completion of the repair unless:  
(i)  The repaired tank is internally inspected in accordance with a code of practice 
developed by a nationally recognized association or an independent testing 
laboratory; or  
(ii)  The repaired portion of the UST system is monitored monthly for releases in 
accordance with a method specified in Section 2-3-4-2(d) through ( i); or 
(iii)  Another test method is used that is determined by the Director to be no less 
protective of human health and the environment than those listed above.  
[Note:  The following codes of practice may be used to comply with paragraph (e)(1) of this 
section:  
(A) Steel Tank Institute Recommended Practice R012, “Recommended Practice for Interstitial 
Tightness Testing of Existing Underground Double Wall Steel Tanks”; or  
(B) Fiberglass Tank and Pipe Institute Protocol, “Field Test Protocol for Testing the Annular 
Space of Installed Underground Fiberglass Double and Triple -Wall Tanks with Dry 
Annular Space” ; or 
(C) Petroleum Equipment Institute Recommended Practice RP1200, “Recommended Practices 
for the Testing and Verification of Spill, Ov erfill, Leak Detection and Secondary 
Containment Equipment at UST Facilities”. ] 
(2)  Within 6 months following the repair of any cat hodically protected UST system the cathodic 
protection system must be tested in accordance with S ection 2-3-3(a) and (b)  to ensure 
that it is operating properly.  
(3)  Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill 
or overfill prevention equipment must be tested or inspected, as appropriate, in 
accordance with Section 2 -2-5(e)(3 ) to ensure it is operating properly.  
Section 2-3  Operation 
2-3-1  Operator Training  
 
UST Operator T raining is a requirement designed to ensure knowledge regarding operating and 
maintaining UST systems.  These requirements apply to UST systems regulated u nder Subtitle I, except 
those excluded by these regulations .  
2-3-1-1  Classes of Operators 
 
For purposes of implementing the operator training requirements, these regulations establish Colorado 
specific operator training, testing and certification requirements for three classes of operators identified as 
Class A, Class B, and Class C.  Owners/operators are required to identify and designate, for each UST 
system or group of UST systems at a facility, at least one named individual for each class of operator 
outlined in these regulations. All individuals designated as a Class A, B, or C operator must, at a 
minimum, be trained and certified according to these regulations by December 31, 2009.  
 
Separate individuals may be designated for each class of operator described above or an individual may 
be designated to more than one of the above operator classes. An individual who is designated to more  34 than one operator class must be trained in each operator class for which he or she is designated. 
Because an individual may be designated for more than one operator class, the Director will allow a 
training approach that encompasses training for more than one operator class.  
 
To assist in identifying responsible individuals to be trained pursuant to these regulations, the following sections characterize, in general terms, each class of operator. These sections also identify general 
training requirements pertaining to operating and maintaining UST systems.   
 
2-3-1-2  Class A Operator  
 
A Class A operator has primary responsibility to operate and maintain the UST system. The Class A 
operator’s responsibilities include managing resources and personnel, such as establishing work 
assignments, to achieve and maintain compliance with regulatory requirements.  The general and minimum requirements for a Class A operator are as follows:  
 (a) General Requirements: This individual focuses on the broader aspects of the statutory and regulatory 
requirements and standards necessary to operate and maintain the UST system. For example, this individual  typically ensures that appropriate individual(s):  
(1)  Properly operate and maintain the UST system.  
(2)  Maintain appropriate records.  
(3)  Are trained to operate and maintain the UST system and keep records.  
(4)  Properly respond to emer gencies caused by releases or spills from UST systems at the 
facility.  
(5)  Make financial responsibility documents available to the Director as required.  
 
(b) Minimum Requirements: The Class A operator must be trained in the following:  
(1) A general kn owledge of UST system requirements so he or she can make informed decisions 
regarding compliance and ensure appropriate individuals are fulfilling operation, 
maintenance, and recordkeeping requirements and standards of these regulations 
regarding:  
(i)  Sp ill preven tion 
(ii)  Overfill prevention  
(iii)  Release detection  
(iv)  Corrosion protection  
(v)  Emergency response  
(vi)  Product compatibility  
(2)  Financial responsibility documentation requirements.  
(3)  Notification requirements.  
(4)  Release and suspected release reporting.  
(5)  Temporary and permanent closure requirements.   35 (6)  Class B and C operator training requirements.  
 
2-3-1-3  Class B Operator  
 
A Class B operator implements applicable UST regulatory requirements and standards in the field.  This 
individual implements day -to-day aspects of operating, maintaining, and recordkeeping for USTs at one 
or more facilities. The general and minimum requirements for a Class B operator are as follows:  
(a)  General Requirements: This individual typicall y monitors, maintains, and ensures:  
(1)  Release detection method, recordkeeping, and reporting requirements are met.  
(2)  Release prevention equipment, recordkeeping, and reporting requirements are met.  
(3)  All relevant equipment complies with performance standards.  
(4)  Appropriate individuals are trained to properly respond to emergencies caused by releases or 
spills from UST systems at the facility.  
 
(b) Minimum Requirements: Compared with training for the Class A operator, training for the Class B 
operator will provide a more in- depth understanding of operation and maintenance aspects, but 
may cover a more narrow breadth of applicable regulatory requirements. The Class B operators 
training must encompass the following:  
(1)  Components of UST system s.  
(2)  Materials of UST system components.  
(3)  Methods of release detection and release prevention applied to UST components.  
(4)  Operation and maintenance requirements of these regulations that apply to UST systems and 
include:  
(i) Spill prevention  
(ii) Overfill prevention  
(iii) Release detection  
(iv) Co rrosion protection  
(v) Emergency response  
(vi) Product compatibility  
(5) Reporting and recordkeeping requirements.  
(6) Class C operator training requirements.  
 
2-3-1-4  Class C Operator  
 
A Class C operator is an employee and is, generally, the first line of response to events indicating 
emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from UST systems. This  individual notifies the Class B or Class 
A operator and appropriate emergency responders when necessary. It is not necessary that all  36 employees of the facility are Class C operators , although at least one Class C Operator must be present 
during operating hours at attended facilities . 
(a)  General Requirements: This individual typically:  
(1)  Controls or monitors the dispensing or sale of regulated substances, or  
(2)  Is responsible for initial response to alarms or releases.  
(b)  Minimum Requirements: A t a minimum, the Class C operator must be trained to:  
(1)  Take action in response to emergencies (such as, situations posing an immediate danger or 
threat to the public or to the environment and that require immediate action) or alarms 
caused by spills or releases from an UST system.  
 
2-3-1-5  Acceptable Training and Certification Processes  
 
Operator training must evaluate operator knowledge of the minimum training requirements described for 
each class of operator in S ection 2-3-1(2), (3) and (4). The following is a list of acceptable approaches to 
meet training requirements stated in these regulations :  
 
(a)  Possession of a current certificate issued by the International Code Council (ICC) indicating he or she 
has passed the Colorado UST System Class A or B Operator exam.  
(b)  For Class C operator training,  possession of a current certificate issued by the owner indicating that 
he or she has successfully completed training conducted by a certified Class A or Class B 
operator.  
(c)  An operator training  program that has received prior approval  from the Director . The program may 
include in- class, on -line, or hands -on training. Such a program must include an evaluation of 
operator knowledge through testing, practical demonstration, or other tools determined as acceptable by the state.  
(d)  To address operators responsible for UST systems in multiple states, the Director may accept 
operator training certification verification from other states that have equivalent operator training 
requirements.  
 
2-3-1-6  Training and Certification  Deadlines and Schedules  
(a)  Effective January 1, 2010, designated Class A and B operators shall be trained and possess a 
current certificate issued by a Director -approved trainer indicating he or she has passed the 
Colorado UST Sy stem Class A or B  operator exam.   
(b)  Effective January 1, 2010, designated Class C operators shall be trained and possess a current 
certificate issued by a Class A or B operator that developed or conducted the training.  
(c)  By January 1, 2010, owners of UST systems shall submit a signed statement to the Director indicating 
that the owner understands and is in compliance with all applicable UST requirements, and identifying the designated Class A or B operator(s) for each facility owned. The owner shall inform 
the Director of any change of designated Class A or B operator(s) no later than 30 calendar days 
after the change. Documentation identifying the designated Class C operators shall be 
maintained on site.  
(d) After January 1, 2010 new operators shall be trained within the following timeframes:   37 (1)  Class A and Class B operators must be trained within 30 calendar days after assuming full 
operation and maintenance responsibilities at the UST system.  
(2)  Class C operators must be trained before assuming full responsibility for responding to 
emergencies.  
 
2-3-1-7  Retraining  Requirements  
 
If the Director  determines an UST system is out of compliance, the Class A and/or Class B operator must 
be retrained and recertified within 90 calendar days.  At a minimum, an UST system is out of compliance 
if the system:  
(a)  Meets any of the delivery prohibition criteria outlined in Section 6 -2, or  
(b)  Is not in significant compliance with other requirements, such as temporary or permanent closure, 
tank registrati on or financial responsibility.  
 
2-3-1-8  Documentation  
 
Owners and operators of underground storage tank systems must maintain a list of designated Class A, 
Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, 
have been completed, in accordance with 2- 3-7 as follows:  
 
(a) The list must:  
 
(1) Identify all Class A, Class B, and Class C operators currently designated for the facility; and  
 
(2) Include names, class of operator trained, date assumed duties,  date each completed initial 
training, and any retraining.  
 (b) Records verifying completion of training or retraining must be a paper or electronic record for Class A, 
Class B, and Class C operators. The records, at a minimum, must identify name of trainee, date trained, 
operator training class completed, and list the name of the trainer or examiner and the training company name, address, and telephone number. Owners and operators must maintain these records for as long as 
Class A, Class B, and Class C ope rators are designated. The following requirements also apply to the 
following types of training:  
 
(1) Records from classroom or field training programs (including Class C operator training 
provided by the Class A or Class B operator) or a comparable examination must, at a minimum, be signed by the trainer or examiner;  
 
(2) Records from computer based training must, at a minimum, indicate the name of the training program and web address, if Internet based; and  
 
(3) Records of retraining must include those ar eas on which the Class A or Class B operator has 
been retrained.  
 
 
2-3-2  Spill and Overfill Prevention  
(a)  Owners/operators must ensure that releases due to spilling or overfilling do not occur. The 
owner/operator must ensure that the volume available in the tank is greater than the volume of 
product to be transferred to the tank before the transfer is made and that the transfer operation is 
monitored constantly to prevent overfilling and spilling.  
(b)  The owner/operator must report, investigate, and cle an up any spills and overfills in accordance with 
Articles 4 and 5.   38 (c)  Owners/ operators must maintain spill and overfill equipment according to Section 2-2-1(c).  
 
[Note: The transfer procedures described in National Fire Protection Association Publicati on 385 
may be used to comply with this section. Further guidance on spill and overfill prevention appears 
in American Petroleum Institute Recommended Practice 1621 , Bulk Liquid Stock Control at 
Retail Outlets,  
Publication 1621, "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets,"  and 
National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code."]  
 
2-3-3  Corrosion Protection   
 
All owners/operators of steel UST systems with corrosion protection must comply wit h the following 
requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances  or permanently closed in accordance with Section 2 -4-2. 
(a)  All UST systems equipped with cathodic prot ection systems must be inspected for proper operation 
by a qualified cathodic protection tester in accordance with the following requirements:  
(1)  Frequency. All cathodic protection systems must be tested within 6 months of installation and 
at least every  3 years thereafter or according to another reasonable time frame 
established by the Director; and  
(2)  Inspection criteria. The criteria that are used to determine that cathodic protection is adequate 
as required by this section must be in accordance with  a code of practice developed by a 
nationally recognized association.  
[Note:  National Association of Corrosion Engineers Standard RP -02-85, "Control of 
External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage 
Systems," may be used to comply with paragraph (a)(2) of this section.]  
(b)  UST systems with impressed current cathodic protection systems must also be inspected every 60 
calendar days to ensure that the equipment is running properly.  
 
(c)  Where internal lining was instal led to satisfy corrosion protection requirements, the tank must meet 
the requirements listed in 2 -2-4(b). 
 
(d) All corrosion protection systems must be operated and maintained to continuously provide corrosion 
protection to the metal components of that por tion of the tank and piping that routinely contain 
regulated substances and are in contact with the ground.  
 
 
2-3-4  Release Detection  
2-3-4-1  General requirements for all UST systems  
(a)  Owners/operators of UST systems  that contain a regulated substance or hazardous substance must 
provide a method, or combination of methods, of release detection that:  
(1)  Can detect a release from any portion of the tank and the connected underground piping that 
routinely contains product;  
(2)  Is installed, calibrated,  operated, and maintained in accordance with the manufacturer's 
instructions, including routine maintenance and service checks for operability or running condition. Beginning on January 1, 2020, electronic and mechanical components must be 
tested for proper operation, in accordance with one of the following: manufacturer’s 
instructions; a code of practice developed by a nationally recognized association or  39 independent testing laboratory; or requirements determined by the implementing agency 
to be no less pr otective of human health and the environment than the two options listed 
above. A test of the proper operation must be performed at least annually and, at a 
minimum, as applicable to the facility, cover the following components and criteria:  
 (i) Automati c tank gauge and other controllers: test alarm; verify system 
configuration; test battery backup;  
 (ii) Probes and sensors: inspect for residual buildup; ensure floats move freely; 
ensure shaft is not damaged; ensure cables are free of kinks and breaks; t est 
alarm operability and communication with controller;  
 (iii) Automatic line leak detector: test operation to meet criteria in 2-3-4-3(a)(1)  by 
simulating a leak;  
 (iv) Vacuum pumps and pressure gauges: ensure proper communication with 
sensors and contr oller; and  
 (v) Hand -held electronic sampling equipment associated with groundwater and 
vapor monitoring: ensure proper operation.  
[Note:  The following code of practice may be used to comply with paragraph (a)(2) of this 
section: Petroleum Equipment Ins titute Publication RP1200, “Recommended Practices 
for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities”. ] 
 , and 
(3)  Meets the performance requirements in 2 -3-4-2,  2-3-4-3 or 2-5 as applicable , with any 
performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, the methods , must be capable of 
detecting the leak rate or quantity specified for that method in 2-3-4-2(b), (c), (d), (h), or  
(i), 2-3-4-3(a)(1) or (2), or 2 -5 with a probability of detection of 0.95 and a probability of 
false alarm of 0.05.  
 (b)  When a release detection method operated in accordance with the performance standards in 2-3-4-
2,  2-3-4-3 or 2-5 indicates a release may have occurred, owners/operators must notify the 
Director in accordance with Article 4.  
 (c)  Any  UST system that does not apply a method of release detection that complies with the 
requirements of this section must complete the closure procedures in 2 -4 immediately.  For 
previously deferred UST systems described in Section s 2-1 and 2-5, this requirement applies 
after the effective dates described in 2 -1-1(a)(1)(ii ) and (iii)  and Section 2 -5-2(a). 
 
2-3-4-2  Requirements for regulated substance UST Systems  
Owner s/operator s of UST system must provide release detection for tanks at least every 30 calendar 
days or as otherwise specified in these regulations .  The methods that satisfy release detection 
requirements are listed below:  
(a)  In ventory Control.  
(1)  Product inventory control can be used as the sole method for release detection:   
(i)  Until 10 years after the tank is installed or upgraded according to 2- 2-4, and  
(ii)  If t ank tightness testing as described in (c) of this section is performed at least every 
5 years  after the tank is installed or upgraded.   40 (2)  Product inventory control (or another test of equivalent performance) must be conducted 
monthly to detect a release of at least 1.0 percent of flow -through plus 130 gallons on a 
monthly basis in the following manner : 
(i)  Inventory volume measurements for regulated substance inputs, withdrawals, and the 
amount still remaining in the tank are recorded each operating day;  
(ii)  The equipment used is capable of measuring the level  of product over the full range 
of the tank's height to the nearest one -eighth of an inch;  
(iii)  The regulated substance inputs are reconciled with delivery receipts by 
measurement of the tank inventory volume before and after delivery;  
(iv)  Deliveries a re made through a drop tube that extends to within one foot of the tank 
bottom;  
(v)  Product dispensing is metered and recorded within an accuracy of 6 cubic inches for 
every 5 gallons of product withdrawn; and  
(vi)  The measurement of any water level in t he bottom of the tank is made to the nearest 
one-eighth of an inch at least once a month.  
[Note:  Practices described in the American Petroleum Institute  " Recommended Practice 
1621, “ RP 1621 for Bulk Liquid Stock Control at Retail Outlets ”," may be used,  where 
applicable, as guidance in meeting the requirements of this subsection.]  
(b)  Manual tank gauging.  
(1)  Manual tank gauging may be used as the sole method of release detection:   
(i)  For the life of a tank  that has  a nominal capacit y of 1,000 gallons or less that meet the 
tank diameter criteria in the table in paragraph (3)(iv) of this section,  or 
(ii)  For a tank with a nominal capacity of 1,001 to 2,000 gallons : 
(A)  Until 10 years after the tank is installed or upgraded according to 2 -2-4, and  
(B)  If tank tightness testing as described in (c) of this section is performed at 
least every 5 years  after the tank is installed or upgraded.  
(2)  For t anks of greater than 2,000 gallons nominal capacity , manual tank gauging may not  be 
used  to satisfy release detection requirements of this section.   
(3)  Manual tank gauging must meet the following requirements:  
(i)  Tank liquid level measurements are taken at the beginning and ending of a period  
using the appropriate minimum duration of test value in the table below during 
which no liquid is added to or removed from the tank;  
(ii)  Level measurements are based on an average of two consecutive stick readings at 
both the beginning and ending of the period;  
(iii)  The equipment used is capable of measuring the level of product over the full range 
of the tank's height to the nearest one -eighth of an inch;  
(iv)  A release is suspected and subject to the requirements of Article 4 if the variation 
between beginning and ending measurements exceeds the weekly or monthly 
standards in the following table:   41  
 
 
Nominal Tank 
Capacity (Gallons)   
 
 Tank Dimensions   
 Weekly  
Standard 
1 Test 
(Gallons)   
Monthly 
Standard 
Average of 4 
Tests 
(Gallons)   
Minimum 
Rest  
Period 
Duration  
 
 Up to 550  
N/A  
 10  
5  
 36 hours  
 
551-1,000  
 
  
64" diameter   
9  
4  
44 hours  
 
551-1,000   
48" (diameter   
12  
6  
58 hours  
 
 551-1,000  
(also requires periodic  
tank tightness testing)  
  
N/A  
 13  
7  
 36 hours  
 
 1,000   
64" (diameter) x 73" (length)   
 9  
4  
 44 hours  
 
 1,000   
48" (diameter) x 128" 
(length)   
 12  
6  
 58 hours  
 
1,001 - 2,000  
(also requires periodic  
tank tightness testing)   
N/A  
 26  
13  
 36 hours  
 
(c)  Tank tightness testing. Tank tightness testing (or another test of equivalent performance ) must be 
capable of detecting a 0.1 gallon pe r hour leak rate, with a probability of detection of 0.95, from 
any portion of the tank that routinely contains product while accounting for the effects of thermal 
expansion or contraction of the product, vapor pockets, tank deformation, evaporation or 
condensation, and the location of the water table.  
(d)  Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and 
conducts inventory control must meet the following requirements:  
(1)  The automatic product level monit or test can detect a 0.2 gallon per hour leak rate from any 
portion of the tank that routinely contains product;  
(2)  The automatic tank gauging equipment must meet the i nventory control (or other test of 
equivalent performance)  requirements of ( a) of th is section ; and  
(3)  The test must be performed with the system operating in one of the following modes:  
 (i) In-tank static testing conducted at least once every 30 days; or  
 (ii) Continuous in- tank leak detection operating on an uninterrupted basis or operating 
within a process that allows the system to gather incremental measurements to 
determine the leak status of the tank at least once every 30 days.  
(e)  Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must 
meet the following requirements:  
(1)  The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to 
readily allow diffusion of vapors from releases into the excavation area;   42 (2)  The stored regulated substance, or a tracer  compound placed in the UST system, is 
sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the 
monitoring devices located in the excavation zone in the event of a release from the tank;  
(3)  The measurement of vapors by the monitoring device is not rendered inoperative by the 
groundwater, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 calendar days;  
(4)  The level of background contamination in the excavation  zone will not interfere with the 
method used to detect releases from the tank;  
(5)  The vapor monitors are designed and operated to detect any significant increase in 
concentration above background of the regulated substance stored in the UST system, a 
component or components of that substance, or a tracer compound placed in the UST 
system;  
(6)  In the UST excavation zone, the site is assessed to ensure compliance with the requirements 
in paragraphs (e)(1) through (4) of this section and to establish the number and 
positioning of monitoring wells that will detect releases within the excavation zone from 
any portion of the tank that routinely contains product; and  
(7)  Monitoring wells are clearly marked and secured to avoid unauthorized access and 
tampering.  
(f)  Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following 
requirements:  
(1)  The regulated substance is immiscible in water and has a specific gravity of less than one;  
(2)  Groundwater is never more than 20 vertical feet from the ground surface and the hydraulic 
conductivity of the soil(s) between the UST system and the monitoring wells or devices is 
not less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium 
sands, coarse silts or other permeable materials);  
(3)  The slotted portion of the monitoring well casing must be designed to prevent migration of 
natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both hig h and low groundwater conditions;  
(4)  Monitoring wells shall be sealed from the ground surface to the top of the filter pack;  
(5)  Monitoring wells or devices intercept the excavation zone or are as close to it as is technically 
feasible;  
(6)  The continuous monitoring devices or manual methods used can detect the presence of at 
least one -eighth of an inch of free product on top of the groundwater in the monitoring 
wells;  
(7)  Within and immediately below the UST system excavation zone, the site is assessed to 
ensure compliance with the requirements in paragraphs (f)(1) -(5) of this section and to 
establish the number and positioning of monitoring wells or devices that will detect 
releases from any portion of the tank that routinely contains product; and  
(8)  Monitoring wells are clearly marked and secured to avoid unauthorized access and 
tampering.  
(g)  Interstitial monitoring. Interstitial monitoring between the UST system and a secondary barrier 
immediately around or beneath it may be used, but only if the system is designed, constructed  43 and installed to detect a leak from any portion of the tank that routinely contains product and also 
meets one of the following requirements:   
(1)  For double -walled UST systems, the sampling or testing method can detect a leak  through 
the inner wall in any portion of the tank that routinely contains product;  
 (2)  For tanks with an internally fitted liner, an automated device can detect a leak  between the 
inner wall of the tank and the liner, and the liner is compatible wit h the substance stored.  
(3)  For UST systems with a secondary barrier within the excavation zone, the sampling or testing 
method used can detect a leak  between the UST system and the secondary barrier;  
(i)  The secondary barrier around or beneath the UST s ystem consists of artificially 
constructed material that is sufficiently thick and impermeable (not more than 0.000001 cm/sec for the regulated substance stored) to direct a leak  to the 
monitoring point and permit its detection;  
(ii)  The barrier is compat ible with the regulated substance stored so that a leak  from the 
UST system will not cause a deterioration of the barrier allowing a release to 
pass through undetected;  
(iii)  For cathodically protected tanks, the secondary barrier must be installed so that it 
does not interfere with the proper operation of the cathodic protection system;  
(iv)  The groundwater, soil moisture, or rainfall will not render the testing or sampling 
method used inoperative so that a release could go undetected for more than 30 
calendar days;  
(v)  The site is assessed to ensure that the secondary barrier is always above the 
groundwater and not in a 25- year flood plain, unless the barrier and monitoring 
designs are for use under such conditions; and,  
(vi)  Monitoring wells are clear ly marked and secured to avoid unauthorized access and 
tampering.  
(h) Statistical inventory reconciliation:  Release detection methods based on the application of statistical 
principles to inventory data similar to those described in 2 -3-4-2(a) must meet the following 
requirements:  
 (1) Report a quantitative result with a calculated leak rate;  
 (2) Be capable of detecting a leak rate of 0.2 gallon per hour or a release of 150 gallons within 30 days; and  
 (3) Use a threshold that does not exceed one -half t he minimum detectible leak rate.  
(i)  Other methods. Any other type of release detection method, or combination of methods, can be used 
if: 
(1)  It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a 
probability of detection of 0.95 and a probability of false alarm of 0.05; or  
(2)  The Director may approve another method if the owner/operator can demonstrate that the 
method can detect a release as effectively as any of the methods allowed in paragraphs 
(c)-(h) of thi s section. In comparing methods, the Director shall consider the size of 
release that the method can detect and the frequency and reliability with which it can be 
detected. If the method is approved, the owner/operator must comply with any conditions  44 impos ed by the Director on its use to ensure the protection of human health and the 
environment.  
2-3-4-3  Requirements for  Piping  
Underground piping that routinely contains regulated substances must be monitored for releases in a 
manner that meets one of the following requirements:  
(a)  Pressurized piping. Underground piping that conveys regulated substances under pressure must:  
(1)  Be equipped with automatic line leak detectors which alert the owner/operator to the 
presence of a leak by restricting or shutting off the flow of regulated substances through 
piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 
gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test 
of the operation of the leak  detector must be conducted in accordance with Section 2-3-4-
1(a)(2); and  
(2)  Conduct periodic line release detection which will consist of:  
(i)  An annual test of piping that can detect a 0.1 gallon per hour leak rate at one and one -
half times the operat ing pressure; or  
(ii)  An applicable tank method conducted on a monthly basis. Except as described in 2-
3-4-2(a), (b), and (c), a ny of the methods in 2 -3-4-2(e)through( i) may be used if 
they are designed to detect a release from any portion of the undergro und piping 
that routinely contains regulated substances.   Automatic tank gauges (ATG) as 
described in s ubsection 2 -3-4-2(d) may be considered an applicable tank method 
to be used for release detection on lines if the ATG is connected to equipment  
that allo ws the capability for  this type of monitoring.  
(b)  Suction piping. Underground piping that conveys regulated substances under suction must either 
have a line tightness test conducted at least once every 3 years and in accordance with 2 -3-4-3 
(a)(2)(i), or  use a monthly monitoring method conducted in accordance with 2-3-4-3(a)(2)(ii). No 
release detection is required for suction piping that is designed and constructed to meet the 
following standards:  
(1)  The below -grade piping operates at less than atmospheric pressure;  
(2)  The below -grade piping is sloped so that the contents of the pipe will drain back into the 
storage tank if the suction is released;  
(3)  Only one check valve is included in each suction line;  
(4)  The check valve is located directly bel ow and as close as practical to the suction pump; and  
(5)  A method is provided that allows compliance with paragraphs (b) (1) – (4) of this section to be 
readily determined.  
2-3-4-4  Requirements for  hazardous substance UST systems   
Owners/operators of haz ardous substance UST systems must provide containment  that meets the 
following requirements  and monitor these systems using 2 -3-4-2(g) at least every 30 days : 
 (a)  Secondary containment systems must be designed, constructed and installed to:  
(1)  Contain regulated substance leaks  from the primary containment  until they are detected and 
removed;   45 (2)  Prevent the release of regulated substances to the environment at any time during the 
operational life of the UST system; and  
(3)  Be checked for evidence of a release at least every 30 calendar days.  
[Note:  The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used 
to comply with these requirements  for tanks installed on or before January 1, 2017.]  
(b)  Double -walled tanks must be des igned, constructed, and installed to:  
(1)  Contain a leak  from any portion of the inner tank within the outer wall; and  
(2)  Detect the failure of the inner wall.  
(c)  External liners (including vaults) must be designed, constructed, and installed to:  
(1)  Contain 100 percent of the capacity of the largest tank within its boundary;  
(2)  Prevent the interference of precipitation or groundwater intrusion with the ability to contain or 
detect a release of regulated substances; and  
(3)  Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical 
migration of regulated substances).  
(d)  Underground piping must be equipped with secondary containment that satisfies the requirements of 
this section (e.g., trench liners, double -walled pipe). In addition, underground piping that conveys 
hazardous  substances under pressure must be equipped with an automatic line leak detector in 
accordance with 2- 3-4-3(a)(1).  
(e)  For hazardous substance UST systems installed on or before January 1, 2017 other methods of 
release detection may be used if owners/operators:  
(1)  Demonstrate to the Director that an alternate method can detect a release of the stored 
substance as effectively as any of the methods allowed in 2- 3-4-2(b)-(j) can detect a 
release of petroleum;  
(2)  Provide information to the Director on effective corrective action technologies, health risks, 
and chemical and physical properties of the stored substance, and the characteristics of 
the UST site; and,  
(3)  Obtain written approval from t he Director to use the alternate release detection method 
before the installation and operation of the new UST system.  
[Note: Pursuant to 40 CFR § 302.6 and 355.40, a release of a hazardous substance equal to or in excess 
of its reportable quantity must al so be reported immediately (rather than within 24 hours) to the National 
Response Center under S ections 10 2 and 10 3 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Ti tle III of the 
Superfund Amendments and Reauthorization Act of 1986.]  
2-3-5 Periodic testing of spill prevention equipment and containment sumps used for interstitial 
monitoring of piping and periodic inspection of overfill prevention equipment.  
 (a) Owne rs and operators of UST systems with spill and overfill prevention equipment and containment 
sumps used for interstitial monitoring of piping must meet these requirements to ensure the equipment is 
operating properly and will prevent releases to the environment:  
  46 (1) Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment 
device) and containment sumps used for interstitial monitoring of piping must prevent releases to 
the environment by meeting one of the following:  
 
(i) The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the compliance inspections described in 2 -
3-6. Owners and operators must begin meeting paragraph (a)(1)(ii) of this  section and 
conduct a test within 30 days of discontinuing periodic monitoring of this equipment; or  
 
(ii) The spill prevention equipment and containment sumps used for interstitial monitoring 
of piping are tested at least once every three years to ensur e the equipment is liquid tight 
by using vacuum, pressure, or liquid testing in accordance with one of the following 
criteria:  
 (A) Requirements developed by the manufacturer (Note: Owners and operators 
may use this option only if the manufacturer has developed requirements);  
 
(B) Code of practice developed by a nationally recognized association or 
independent testing laboratory; or  
 
(C) Requirements determined by the implementing agency to be no less 
protective of human health and the environment than the requirements listed in 
paragraphs (a)(1)(ii)(A) and (B) of this section.  
 
(2) Overfill prevention equipment must be inspected at least once every three years. At a 
minimum, the inspection must ensure that overfill prevention equipment is set to activate at the 
correct level specified in 2 -2-1(c) and will activate when regulated substance reaches that level. 
Inspections must be conducted in accordance with one of the criteria in paragraph (a)(1)(ii)(A) -(C) 
of this section.  
 (b) Owners and operators must begin meeting these requirements as follows:  
 
(1) For UST systems in use on or before January 1, 2017, the initial spill prevention equipment 
test, containment sump test and overfill prevention equipment inspection must be conducted not 
later than January  1, 2020;  or 
 
(2) For UST systems brought into use after January 1, 2017 , these requirements apply at 
installation.  
 
(c) Owners and operators must maintain records as follows (in accordance with 2- 3-7)
 for spill prevention 
equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment:  
 
(1) All records of testing or inspection must be maintained for three years; and  
 
(2) For spill prevention equipment and containment sumps used for interstitial monitoring of pi ping 
not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.  
 [Note:  T he follo wing code of practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2) of this 
section: Petroleum Equipment Institute Publication RP1200, “Recommended Practices for the Testing 
and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST 
Facilities”. ] 
  47 2-3-6  Compliance Inspections  
This section describes the inspections required to be conducted by the owner or operator of the UST 
system, as well as periodic inspections completed by the Director . 
 
2-3-6-1  Monthly  Compliance Inspections  
(a) The designated Class A or B operator or a delegated designee shall perform monthly visual 
inspections of all UST systems for which they are designated. The results of each inspection shall 
be recorded on a monthly inspection checklist. The monthly visual inspection shall include the following:  
(1)  Check to make sure the release detection equipment is operating with no alarms or other 
unusual operating conditions present .  Ensure records of release detection testing are 
reviewed and current . 
(2) Visually check spill containment or manholes for damage  (cracks, holes, bulges etc. ). Remove 
liquid or debris  from spill containers (fill and vapor recovery).  C heck for and remove 
obstructions in the fill pipe.  C heck the fill cap to make sure it is securely on the fill pipe.  
For double- walled spill prevention equipment with interstitial monitoring, check for a leak 
in the interstitial area.  
(3) Inspect hanging hardware on dispensers and/or other visible piping for the presence of 
regulat ed substance leakage.  
(b) The designated operator(s) or delegated designee shall provide the owner or operator with a copy of 
each monthly inspection checklist, and alert the owner or operator of any condition discovered 
during the monthly visual inspecti on that may require follow -up actions.  
 
(c) The owner or operator shall maintain a copy of the monthly inspection checklist and all attachments 
for the previous twelve months. Records must include a list of each area checked, whether each 
area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 
days due to infrequent deliveries. The records shall be made available for re view to OPS upon 
request . 
 
[Note:   The following code of practice may be used to comply with this section: Petroleum Equipment 
Institute Recommended PracticePublication RP 900, “Recommended Practices for the Inspection and 
Maintenance of UST Systems”. ] 
 
 
2-3-6-2  Annual Operational Compliance Inspections  
(a) The designated Class A or B operator(s) shall perform an annual operational compliance inspection of 
all UST systems for which they are designated. The annual operational compliance inspection 
shall inc lude, but is not limited to, the following:  
(1) Compil e and review monthly release detection, visual inspection and corrosion protection 
records from the prior twelve months.  
(2) Compil e and review the alarm history report or log for the prior twelve mont hs, and checking 
that each alarm condition was documented and responded to appropriately, including the reporting of suspected or confirmed releases.  
(3) Conduct functionality testing on all line leak detectors, sump sensors and overfill prevention 
equipment in accordance with manufacturer ’s specifications to ensure proper installation 
and operation.   Also check hand held release detection equipment such as tank gauge 
sticks or groundwater bailers for operability and serviceability .  48 (4) Conduct visual inspection of containment sumps.  Check for damage, leaks to the 
containment area, or releases to the environment .  Remove liquid (in contained sumps) 
or debris .  For double -walled sumps with interstitial monitoring, check for a leak in the 
interstitial area. (5) Check that all required testing and maintenance for the UST system 
has been completed, and document the dates these activities occurred.  
(6) Verify that all designated Class C operators have been trained in accordance with 2-3-1-4 and 
2-3-1-5 of these r egulations.  
(7) Complet e an Annual Operational Compliance Inspection Report and Certification Form for 
each facility using forms provided by OPS.  
(b) The designated Class A or B operator(s) shall provide the owner or operator with a copy of the annual 
operational compliance inspection report, and alert the owner or operator of any condition 
discovered during the annual compliance inspection that  may require follow -up actions.  The 
report must include a list of each area checked, whether each area checked wa s acceptable or 
needed action taken, a description of actions taken to correct an issue, and delivery records if 
spill prevention equipment is checked less frequently than every 30 days due to infrequent 
deliveries.  
(c) The owner or operator shall submit a copy of the annual operational compliance inspection report and 
all attachments for the previous twelve months to OPS on an annual basis or within 60 calendar 
days of an OPS request for records.  
2-3-6-3  Inspections Conducted by the Director  
(a)  Any duly  authorized agent or employee of the Director shall have authority to enter in or upon the 
premises of any facility that contains an UST system, containing a regulated substance, for the 
purpose of verifying that such UST system and its required records ar e in compliance with these 
regulations.   
(b)  Per CRS Section 8- 20-223.5, t he Director shall conduct an emission inspection of all USTs that are 
located in the geographical area designated by Regulation #7 of the Colorado Department of 
Public Health and En vironment 5 C.C.R. 1001 -9 and which contain petroleum distillate such as 
gasoline, to insure pollution  control equipment is installed  and is in operating condition.  
 
2-3-7  Reporting and Record Keeping  
Owners/operators of UST systems must cooperate fully w ith inspections, monitoring and testing 
conducted by the Director, as well as requests  from OPS  for document submission, testing, and 
monitoring pursuant to S ection 9005 of Subtitle I of the Solid Waste Disposal  Act, as amended.  
(a) Reporting.  Owners and operators must submit the following information to the implementing agency:  
 (1) Notification for all UST systems  (Section 2 -2-3), which includes certification of installation for 
new UST systems  (Section 2- 2-2-2) and notification when any person assumes 
ownership of an UST system (Section 2 -2-3(d)) ;  
 (2) Notification prior to UST systems switching to certain regulated substances (Section 2- 2-1(f));  
 (3) Reports of all releases including suspected releases , spills, and overfills (Section 4 -1), and 
confirm ed releases (Section 4 -3);  
 (4) Corrective actions planned or taken including initial abatement measures (Section 5 -1-1), 
initial site characterization (Section 5- 1-2), free product removal  (Section 5 -1-1), 
investigation of soil and groundwater cleanup (Section 5- 2), and corrective action plan 
(Section 5 -3); and   49  (5) A notification before permanent closure or change- in-service  (Section 2 -4). 
(b)  Record keeping. Owners/operators must maintain the following information until the UST system is 
permanently c losed or undergoes a change -in-service, unless another timeframe is 
noted:  
(1)  A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is 
not used 2 -2-1(a)(4)  and (b)(3)).  
(2)  Documentation of operation of c orrosion p rotection equipment as required in 2-2-1(a) and (b) 
and 2- 2-3; 
(i)  The results of the last three 60 -day inspections; and 
(ii)  The results from  the last two system tests.  
(3)  Documentation of compatibility for UST systems (Section 2- 2-1(f)); 
(4)  Documen tation of UST system repairs  (Section 2 -2-5); 
(5)  Documentation of compliance for spill and overfill prevention equipment and containment 
sumps used for interstitial monitoring of piping  (Section 2 -3-5); 
(6)  Documentation of periodic compliance inspections (Section 2 -3-6); 
(7)  Compliance with r elease detection requirements  (Section 2- 3-4);  
(i)  All written performance claims pertaining to any release detection system used, and 
the manner in which these claims have been justified or tested by the equipment 
manufacturer or installer, must be maintained for 5 years, or for another 
reasonable period of time determined by the Director, from the date of 
installation. Not later than January 1, 2020, records of site assessments required 
under  Section 2 -3-4-2(e)( 6) and (f)(7) must be maintained for as long as the 
methods are used. Records of site assessments developed after January 1, 2017,  must be signed by a professional engineer or professional geologist, or 
equivalent licensed professional with experience in environmental engineering, 
hydrogeology, or other relevant technical discipline acceptable to the 
implementing agency ; 
(ii)  The results of any sampling, testing, or monitoring must be maintained for at least 1 
year, or for another reasonable period of time determined by the Director, except  
as follows:  
(a)  that the results of tank tightness testing conducted in accordance with 2-3-4-2(c) 
must be retained until the next test is conducted; and  
(iii)  Written documentation of all calibration, maintenance, and repair of release detection 
equipment permanently located on -site must be maintained for at least one year 
after the servicing work is completed, or for another reasonable time period 
determined by the Director. Any schedules of required calibration and maint enance provided by the release detection equipment manufacturer must be 
retained for 5 year s from the date of installation.  
(8)  Records in accordance with this section that are capable of demonstrating compliance with 
closure requirements under S ection 2-4. The results of the excavation zone assessment 
required in 2 -4-3(b) must be maintained for at least 3 years after completion of 
perma nent closure or change- in-service in one of the following ways:    50 (i)  By the owners/operators who closed the UST system;  
(ii)  By the current owners/operators of the UST system site; or  
(iii)  By mailing these records to the Director if they cannot be maintained at the closed 
facility.  
[Note :  All applicants to the Fund may be required to maintain closure records until 
reimb ursement is complete.]  
(9)  Documentation of the emptying of a tank following seasonal operation,  temporary closure, or 
prior to  a repair .  
(10)  Documentation of operator training (Section 2 -3-1-8). 
 (c)  Availability and Maintenance of Records. Owners/operators are required, upon request, to provide all 
records referenced in these regulations to the Director. Owners/operators must keep the required 
records either:  
(1)  At the UST site and immediately available for inspection by the Director; or  
(2)  At a readily available alternative site so they can be sent to the Director upon request; or  
(3)  In the case of permanent closure records required under this section, owners/operators are 
also provided with the additional alternative of mailing closure records  to the Director if 
they cannot be kept at the site or an alternative site as indicated above.  
(d)  Notwithstanding the above, for Fund reimbursement purposes, persons may be required to maintain 
the above or other records in accordance with Fund requirements. 
Section 2-4 Closure of UST S ystems  
2-4-1  Temporary Closure  
(a)  Owners/operators shall notify the Director in writing at least 10 calendar days prior to placing an UST 
system in temporary closure, and at that same time submit records documenting the prior 12 
months of release detection and corrosion protection testing (if applicable) for tanks and lines. In 
lieu of submitting these records, owner/operator may conduct a precision tightness test on the 
tanks and lines and complete a site assessment in accordance with 2-4-3, and submit these 
results with the temporary closure notification.   
(b) A temporarily closed UST system must be empt ied by removing all materials using commonly 
employed practices so that no more than 2.5 centimeters (one inch) of resi due, or 0.3 percent by 
weight of the total capacity of the UST system, remains in the system.   
(c)  When an UST system is temporarily closed, owners/operators must continue operation and 
maintenance of corrosion protection in accordance with 2 -3-4.  Becaus e the tanks must be 
emptied, release detection is not required.  
(d)  When an UST system is temporarily closed,  vent lines must be left open and functioning.  If the 
temporary closure period  is 3 months or more, all pumps, manways, ancillary equipment and 
lines other than vent lines must be capped and secured, unless an alternate schedule is 
approved by the Director .  
(e)  When an UST system is temporarily closed for more than 12 months, owners/operators must 
permanently close the UST system in accordance wi th 2-4-2, unless the Director provides a 
written extension of the 12 -month temporary closure period. Before requesting this extension, 
owners/operators must complete a site assessment as required by the Director .   51 (f)  Owner/operators shall notify the Director in writing no more than 30 calendar days prior to placing an 
UST back in service, and at that same time submit corrosion protection records (if applicable) for 
the period of temporary closure, and documentation  of passing tightness tests to include ul lage 
for the tanks conducted within the past 30 calendar  days .  The owner/ operator shall obtain 
passing line tests immediately following the introduction of fuel into the lines  and submit 
documentation of testing to the Director within 10 calendar days.   
(g)  If an owner/operator operates a facility which has a specific period of time or season during the year 
when the tank system is  empty , as described in (b) of this section,  the requirements for 
maintaining corrosion protection and the following requireme nts below will apply:   
(1)  The owner/operator shall notify the Director that the facility does include seasonal operation 
on a form provided by the Director.   If this information changes, the owner/operator shall 
complete and submit the form to the Direct or.  
(2)  The period may not exceed 6 consecutive months.  
(3)  The owner/operator shall maintain manifest documentation completed during emptying of the 
tank.  
(4)  At the end of the seasonal  period, the owner/operator must conduct one of the following 
actions: 
(i)  Return the tank  to service .   
(ii)  Place the tank  into proper temporary closure.  The owner/operator must notify the 
Director in writing within 10 calendar days, submit records according to (a) as 
applicable and complete requirements in (d) imm ediately . 
(iii)  P ermanently close the tank  as required by 2 -4-2. 
2-4-2  Permanent Closure  
At least 10 calendar days before beginning either permanent closure or a change- in-service under this 
section, owners/operators must notify the Director of their int ent to permanently close or make the 
change -in-service, unless such action is in response to corrective action required by the Director.   In 
addition to the requirements of this section, the owner/operator should contact local municipal officials, 
such as the fire department, to inform them of the intended closure activities.  
(a)  Removal  
To permanently close a tank  by removal , owners/operators must empty  the tank  by removing all liquids 
and accumulated sludges  and inert the tank prior to removal .  A site assessment must be 
conducted according to 2 -4-3(b). 
 [Note:  The following cleaning and closure procedures may be used to comply with this section:  
(A)  American Petroleum Institute Recommended Practice 1604, "Removal and Disposal 
of Used Underground Petrol eum Storage Tanks";  
(B)  American Petroleum Institute Standard 2015, “Requirements for Safe Entry and 
Cleaning of Petroleum Storage Tanks ” Publication 2015, "Cleaning Petroleum 
Storage Tanks" ; 
(C)  American Petroleum Institute Recommended Practice 1631, "I nterior Lining of  
Existing Steel  Underground Storage Tanks," may be used as guidance for 
compliance with this section; and   52 (D)  The National Institute for Occupational Safety and Health "Criteria for a 
Recommended Standard...Working in Confined Space" may be used as 
guidance for conducting safe closure procedures at some hazardous substance 
tanks.]  
(b)  Closure in Place  
All tanks permanently closed in place must be filled with an inert solid materi al or closed in place in a 
manner approved by the Director,  and a site assessment  must be conducted according to 2 -4-
3(b). 
(c)  Change in Service 
Continued use of an UST system to store a non -regulated substance is considered a change -in-service. 
Before a change- in-service, owners/operators must empty and clean the tank by removing all 
liquid and accumulated sludge and conduct a site assessment in accordance with 2 -4-3. 
 
2-4-3  Site Assessment  
(a)  Before an extension to temporary closure, permanent closure or a change -in-service is completed, 
owners/operators must measure for the presence of a release where contamination is most likely 
to be present at the UST site.   The requirements of this section are satisfied if one of the external 
release detection methods allowed in 2 -3-4-2(e) or (f)  is operating in accordance  with the 
requirements in 2 -3-4-2 at the time of closure, and indicates no release has occurred.  
(b)  For assessments during storage tank system removal, t he owner/operator must collect soil samples 
from beneath each tank, beneath each dispenser island, be neath areas of piping, and beneath 
any loading racks. For assessments during storage tank temporary closure, closure in- place or 
change -in-service, the owner/operator shall collect samples of the type and at locations  as 
specified by the Director . 
(c)   Samples collected at all sites must be analyzed for individual chemical s of concern (COC)  as 
described in 5 -2.   
(d)  If contaminated soils, contaminated groundwater,  petroleum vapor  or free product as a liquid is  
discovered under this section, or by any other manner, owners/operators must report the 
discovery  in accordance with Article s 4 and 5.  
(e)  If the tank closure assessment does not identify a release, the owner/operator  must submit  
documentation of the assessment to the Director within 30 calendar days of the tank closure.   
(f)   When requested by the Director, the owner/operator of a UST system permanently closed before 
December 22, 1988, must assess the excavation zone and close the UST system in accordance with Section 2 -4 if releases from the UST may, in the judgment of the Director, pose a current or 
potential threat to human health and the environment.  
Section 2- 5 UST Systems with Field- Constructed Tanks and Airport Hydrant Fuel 
Distribution Systems 
 
2-5-1 Definitions  
 
For purposes of this sectio n, the following definitions apply:  
 
Airport hydrant fuel distribution system (also called airport hydrant system) means an UST system which 
fuels aircraft and operates under high pressure with large diameter piping that typically terminates into 
one or m ore hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks 
from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.   53  
Field -constructed tank means a tank constructed in the field. For example, a tank constructed of concrete 
that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-
constructed.  
 
2-5-2 General requirements  
 
(a)  Implementation of requirements. Owners and operators mu st comply with the requirements of 
this section for UST systems with field -constructed tanks and airport hydrant systems as 
follows: (1)  For UST systems installed on or before January 1, 2017,  the requirements 
are effective according to the following sche dule:  
 
Requirement  
 Effective Date  
Upgrading UST systems; general operating requirements; and 
operator training  
 January 1, 2020  
Release detection  
 January 1, 2020  
Release reporting, response, and investigation; closure; financial 
responsibility and notification (except as provided in paragraph (b) of 
this section)  
 January 1, 2017  
 
(2)  For UST systems installed after January 1, 2017, the requirements apply at installation.  
 (b)  Not later than January 1, 2020, all owners of previously deferred UST systems must submit a one-
time notice of tank system existence to the implementing agency, using the form described in Section 2-2-3(b). Owners and operators of UST systems in use as of  January 1, 2017 , must 
demonstrate financial responsibility at the time of submission of the notification form.  
 (c) Except as provided in Section 2-5-3, owners and operators must comply with the requirements of 
these regulations .  
(d) In addition to the codes of practice listed in Section 2-2-1, owners and operators may use military 
construction criteria, such as Unified Facilities Criteria (UFC) 3- 460-01, Petroleum Fuel Facilities , 
when designing, constructing, and installing airport hydrant systems and UST systems  with field -
constructed tanks.  
 
2-5-3 Additions, exce ptions, and alternatives for UST systems with field -constructed tanks and 
airport hydrant systems  
 
(a)  Exception to piping secondary containment requirements. Owners and operators may use single 
walled piping when installing or replacing piping associated with UST systems with field-
constructed tanks greater than 50,000 gallons and piping associated with airport hydrant 
systems. Piping associated with UST systems with field- constructed tanks less than or equal to 
50,000 gallons not part of an airport hydr ant system must meet the secondary containment 
requirement when installed or replaced.  
(b)  Upgrade requirements . Not later than January 1, 2020, airport hydrant systems and UST systems 
with field -constructed tanks where installation commenced on or befor e January 1, 2017 must 
meet the following requirements or be permanently closed pursuant to 2-4 of this section.  
 
(1)  Corrosion protection. UST system components in contact with the ground that routinely 
contain regulated substances must meet one of the following:  
 
(i)  Except as provided in paragraph (a) of this section, the new UST system performance 
standards for tanks at 2 -2-1(a) and for piping at 2 -2-1(b); or  
 
(ii)  Be constructed of metal and cathodically protected according to a code of practice 
developed by a nationally recognized association or independent testing 
laboratory and meets the following:  
  54 (A)  Cathodic protection must meet the requirements of 2 -2-1(a)(2)(ii), (iii) and 
(iv) for tanks, and 2 -2-1(b)(2)(ii), (iii), and (iv) for piping.  
 
(B)  Tanks greater than 10 years old without cathodic protection must be 
assessed to ensure the tank is structurally sound and free of corrosion 
holes prior to adding cathodic protection. The assessment must be by 
internal inspection or another method determined by the implementing 
agency to adequately assess the tank for structural soundness and corrosion holes.  
 
[Note:   The following codes of practice may be used to comply with this paragraph:  
 
(A)  NACE International Standard Practice SP 0285, “Exter nal Control of Underground 
Storage Tank Systems by Cathodic Protection”;  
 
(B)  NACE International Standard Practice SP 0169, “Control of External Corrosion on 
Underground or Submerged Metallic Piping Systems”;  
 
(C)  National Leak Prevention Association S tandard 631, Chapter C, “Internal Inspection 
of Steel Tanks for Retrofit of Cathodic Protection”; or  
 
(D)  American Society for Testing and Materials Standard G158, “Standard Guide for 
Three Methods of Assessing Buried Steel Tanks”. ] 
 (2)  Spill and overfi ll prevention equipment . To prevent spilling and overfilling associated with 
product transfer to the UST system, all UST systems with field- constructed tanks and 
airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in 2 -2-1(c).  
 
(c)  Compliance inspections . In addition to the compliance inspection requirements in 2 -3-6, owners and 
operators must inspect the following additional areas for airport hydrant systems at least once every 30 days if  confined space entry according to the Occupational Safety and Health 
Administration (see 29 CFR part 1910) is not required or at least annually if confined space entry 
is required and keep documentation of the inspection according to 2-3-6-1(c).  
 
(1)  Hydrant pits –  visually check for any damage; remove any liquid or debris; and check for any 
leaks, and  
 
(2)  Hydrant piping vaults –  check for any hydrant piping leaks.  
 
(d)  Release detection. Owners and operators of UST systems with field -constructed ta nks and airport 
hydrant systems must begin meeting the release detection requirements described in this s ection 
not later than January 1, 2020.  
 
(1)  Methods of release detection for field -constructed tanks. Owners and operators of field -
constructed tanks  with a capacity less than or equal to 50,000 gallons must meet the 
release detection requirements in Section 2 -3-4. Owners and operators of field -
constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in 2 -3-4 (except 2-3-4-2(e) and (f) must be combined with inventory control 
as stated below) of this section or use one or a combination of the following alternative 
methods of release detection:  
 
(i)  Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;  
 
(ii)  Use an automatic tank gauging system to perform release detection at least every 30 
days that can detect a leak rate less than or equal to one gallon per hour. This 
method must be combined with a tank tightness test that can det ect a 0.2 gallon 
per hour leak rate performed at least every three years;  
  55 (iii)  Use an automatic tank gauging system to perform release detection at least every 30 
days that can detect a leak rate less than or equal to two gallons per hour. This 
method must be combined with a tank tightness test that can detect a 0.2 gallon 
per hour leak rate performed at least every two years;  
 
(iv)  Perform vapor monitoring (conducted in accordance with 2 -3-4-2(e) for a tracer 
compound placed in the tank system) capable of detecting a 0.1 gallon per hour 
leak rate at least every two years;  
 
(v)  Perform inventory control (conducted in accordance with Department of Defense 
Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance 
Guidance Manual; or equivalent procedures) at least every 30 days that can 
detect a leak equal to or less than 0.5 percent of flow -through; and  
 
(A)  Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate 
at least every two years; or  
 
(B)  Perform vapor monitoring or groundwater monitoring (conducted in 
accordance with 2 -3-4-2(e) or (f), respectively, for the stored regulated 
substance) at least every 30 days; or  
 
(vi)  Another method approved by the implementing agency if the owner and operator can 
demonst rate that the method can detect a release as effectively as any of the 
methods allowed in paragraphs (i) through (v) of this section. In comparing methods, the implementing agency shall consider the size of release that the 
method can detect and the freque ncy and reliability of detection.  
 
(2)  Methods of release detection for piping . Owners and operators of underground piping 
associated with field -constructed tanks less than or equal to 50,000 gallons must meet 
the release detection requirements in Section 2 -3-4. Owners and operators of 
underground piping associated with airport hydrant systems and field- constructed tanks 
greater than 50,000 gallons must follow either the requirements in 2-3-4 (except 2-3-4-
2(e) and (f) must be combined with inventory cont rol as stated below) of this section or 
use one or a combination of the following alternative methods of release detection:  
 
(i)(A) Perform a semiannual or annual line tightness test at or above the piping 
operating pressure in accordance with the table below.  
 
Maximum Leak Detection Rate Per Test Section Volume  
Test Section Volume  
(Gallons)  Semiannual Test - 
Leak Detection Rate Not To 
Exceed (Gallons Per Hour)  Annual Test - 
Leak Detection Rate Not To 
Exceed (Gallons Per Hour)  
< 50,000  1.0 0.5 
≥ 50,000 to < 75,000  1.5 0.75  
≥ 75,000 to < 100,000  2.0 1.0 
≥ 100,000  3.0 1.5 
 
(B)  Piping segment volumes ≥ 100,000 gallons not capable of meeting the 
maximum 3.0 gallon per hour leak rate for the semiannual test may be 
tested at a leak rate up to 6.0 gallons per hour according to the following 
schedule:  
Phase In For Piping Segments ≥ 100,000 Gallons In Volume  
First test  Not later than January 1, 2020  (may use up to 6.0 gph leak rate)  
Second test  Between January 1, 2020 , and January 1, 2023  (may use up to 6.0  
gph leak  
Third test  Between January 1, 2023 , and January 1, 2024  (must use 3.0 gph  56 for leak rate)  
Subsequent tests  After January 1, 2024 , begin using semiannual or annual line 
testing according to the Maximum Leak Detection Rate Per Test 
Section Volume table above  
 
(ii)  Perform vapor monitoring (conducted in accordance with 2 -3-4-2(e) for a tracer 
compound placed in the tank system) capable of detecting a 0.1 gallon per hour 
leak rate at least every two years;  
 
(iii)  Perform inventory control (conduct ed in accordance with Department of Defense 
Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance 
Guidance Manual; or equivalent procedures) at least every 30 days that can 
detect a leak equal to or less than 0.5 percent of flow -through; and 
 
(A)  Perform a line tightness test (conducted in accordance with paragraph (i) of 
this section using the leak rates for the semiannual test) at least every 
two years; or  
 
(B)  Perform vapor monitoring or groundwater monitoring (conducted in 
accordance with 2-3-4-2(e) or (f), respectively, for the stored regulated 
substance) at least every 30 days; or  
 
(iv)  Another method approved by the implementing agency if the owner and operator can 
demonstrate that the method can detect a release as effectively as  any of the 
methods allowed in paragraphs (i) through (iii) of this section. In comparing 
methods, the implementing agency shall consider the size of release that the 
method can detect and the frequency and reliability of detection.  
 
(3)  Recordkeeping for  release detection. Owners and operators must maintain release detection 
records according to the recordkeeping requirements in 2 -3-6. 
 
(e) Applicability of closure requirements to previously closed UST systems. When directed by the 
implementing agency, th e owner and operator of an UST system with field -constructed tanks or 
airport hydrant system permanently closed before January 1, 2017,  must assess the excavation 
zone and close the UST system in accordance with Section 2- 4 if releases from the UST may, in 
the judgment of the implementing agency, pose a current or potential threat to human health and the environment.  
  57  
ARTICLE 3  ABOVEGROUND STORAGE TANKS  
Section 3- 1  AST Program Scope and Applicability  
Aboveground storage tank ( AST) systems in Colorado ar e regulated to protect the people and 
environment of Colorado from the potentially harmful effects of the regulated substances contained within 
AST systems.  The purpose of this article is to present to owner/operators of AST systems a description of the m inimum general standards for design, construction, location, installation and operation of these 
systems to be in compliance with these regulations and Colorado statutes.  Further description of these 
requirements can be found in guidance documents, polici es and procedures provided by the Director.  
(a)  The provisions in these regulations apply to all regulated substance AST systems unless specifically 
restricted to a specific system.  It is the owner/operator’s responsibility to ensure compliance with 
all requirements.  
(1)  Aside from meeting these regulatory requirements : 
(i)  All AST systems must meet local fire district rules, zoning rules, and requirements of 
other authorities having jurisdiction over AST systems.  
(ii)  C.R.S.  § 8 -20-231 requires that  the design, construction, location, installation, and 
operation of all liquid fuel product tank systems greater than 60 gallons conform to the minimum standards prescribed by the applicable sections of NFPA fire 
code. This includes the testing and inspect ion requirements contained therein.   
(2)  For the purposes of these regulations, a tank’s capacity is determined by the aggregate 
capacity of all individual primary tank compartments contained within the outer shell or 
structure of the tank, whether there is a shared bulkhead or not.  Each compartment of an 
AST must meet the operational requirements contained herein individually (e.g. venting, overfill prevention, release detection, etc.)  
Example: A single concrete -encased UL 2085 AST whose construction consists of two 
individual 500 gallon UL 142 ASTs wrapped in a polyethylene liner is considered as having a capacity of 1,000 gallons .  Each compartment (tank) 
must be equipped to meet operational requirements  
(b)  Per C.R.S. § 8 -20.5-101(2)(b), t he followin g ASTs or AST systems  are excluded from these AST 
regulations:  
(1)  Not withstanding requirements listed in (a)(1) of this section, any AST whose capacity is 
greater than 39,999 gallons or less than 660 gallons;   
(2)  Any AST system that contains a de mini mis concentration of regulated substances ;  
(3)  Any AST systems containing radioactive material that are regulated under the Atomic Energy 
Act; 
(4)  Any AST system that is part of an emergency generator system at  nuclear power generation 
facilit ies; 
(5)  ASTs used to store liquefied petroleum gases that are not liquid at standard temperature and 
pressure ; 
(6)  ASTs used to store liquids whose fluidity is less than that of 300 penetration asphalt when 
tested in accordance with ASTM Standard D5, “ Test for Pe netration for Bituminous 
Materials ” D 5.  58 (7)  A wastewater treatment tank system that is part of a wastewater treatment facility;  
(8)  Equipment or machinery that contains regulated substances for operational purposes;  
(9)  Farm and residential tanks or tanks used for horticultural or floricultural operations.  
(10)  Aboveground storage tanks located at natural gas pipeline facilities that are regulated under 
state or federal natural gas pipeline acts;  
(11)  Aboveground storage tanks associated with natural gas liquids separation, gathering, and 
production;  
(12)  Aboveground storage tanks associated with crude oil production, storage, and gathering;  
(13)  Aboveground storage tanks at transportation- related facilities regulated by the federal 
department of transportation;  
(14)  Aboveground storage tanks used to store heating oil for consumptive use on the premises 
where stored 
(15)  Aboveground storage tanks used to store flammable and combustible liquids  at mining 
facilities and construction and earthmoving pr ojects, including gravel pits, quarries, and 
borrow pits where, in the opinion of the Director, tight control by the owner or contractor 
and isolation from other structures make it unnecessary to meet the requirements of this 
article . 
Section 3- 2  AST Syst em Design, Construction, Location and Installation 
These performance standards apply to regulated AST systems that store stable liquids in atmospheric 
ASTs where internal operating pressures do not exceed 2.5 psi. Requirements for the storage of other 
liquids in other types of ASTs at greater operating pressures are found in NFPA 30  “Flammable and 
Combustible Liquids Code ”, and must be followed.  
3-2-1  Design  
(a) Tank Design and Materials of Construction  
(1)  All tanks shall be designed and built in accordance  with recognized good engineering 
standards for the material of construction being used and shall be of steel or approved 
noncombustible material, with the following limitations and exceptions:  
(i)  The material of tank construction shall be compatible wi th the liquid to be stored. In 
case of doubt about the properties of the liquid to be stored, the supplier, 
producer of the liquid, or other competent authority shall be consulted.  
(A)  Tanks designed and intended for above ground use shall not be used as  
underground tanks.  
(B)  Tanks designed and intended for underground use shall not be used as 
aboveground tanks.  
(ii)  Tanks constructed of combustible materials shall be subject to the approval of the 
Director and limited to:  
(A)  Use where required by the properties of the liquid stored, or  
(B)  Storage of Class IIIB liquids above ground in areas not exposed to spill or 
leak of Class I or Class II liquid, or   59 (C)  Storage of Class IIIB liquids inside a building protected by an approved 
automatic fire extinguishing system.  
(iii)  Atmospheric tanks shall not be used for the storage of a liquid at a temperature at or 
above its boiling point. Atmospheric tanks shall be labeled and shall be built, 
installed, and used within the scope of a nationally recognized c onstruction 
standard; such as UL 142, Standard for Steel Aboveground Tanks for Flammable 
and Combustible Liquids U.L. 142, or API Standard 650,  Welded Steel Tanks for 
Oil Storage or an equivalent standard.  
(b)  Vent Piping 
The design, fabrication, assembly,  testing, and inspection of all piping systems for flammable and 
combustible liquids shall be in conformance with the applicable sections of ANSI Standard B31, American 
National Standard Code for Pressure Piping and installed in conformance with the follow ing requirements:  
(1)  Where vent pipe outlets for tanks storing Class I liquids are adjacent to buildings or public 
ways, they shall be located so that the vapors are released at a safe point outside of buildings and not less than 12 ft (3.6 m) above the adjacent ground level. In order to aid 
their dispersion, vapors shall be discharged upward or horizontally away from closely 
adjacent walls. Vent outlets shall be located so that flammable vapors will not be trapped 
by eaves or other obstructions and shall  be at least 5 ft (1.5 m) from building openings.  
(i)  Vent piping that it is attached to or within a canopy or its supporting structure must 
extend a minimum of 5 ft (1.5 m) above the highest projection of the canopy, 
including the canopy fascia.  When modifications to the canopy are made, this 
distance must be maintained.  
Exception:  Where the canopy or canopy modifications were installed before 
January 1, 2004, changes to existing vent piping are not required . 
(2)  The manifolding of tank vent piping shal l be avoided except where required for special 
purposes such as vapor recovery, vapor conservation, or air pollution control. When tank 
vent piping is manifolded, pipe sizes shall be such as to discharge, within the pressure 
limitations of the system, the vapors they may be required to handle when manifolded 
tanks are subject to the same fire exposure.  
(3)  Vent piping for tanks storing Class I liquids shall not be manifolded with vent piping for tanks 
storing Class II or Class III liquids unless means are provided to prevent the vapors from 
Class I liquids from entering tanks storing Class II or Class III liquids, to prevent possible 
change in classification of the less volatile liquid.   
(c)  Normal Venting  
(1)  Atmospheric tanks shall be adequately vented to prevent the development of vacuum or 
pressure that can distort or damage the tank or that exceeds the design pressure, as a 
result of filling or emptying the tank or atmospheric temperature changes.  
(2)  For ASTs installed after September 30, 1994, norm al vents shall be:  
(i)  sized in accordance with American Petroleum Institute Standard  No. 2000, “Venting 
Atmospheric and Low -Pressure Storage Tanks ”, or another accepted standard; 
or 
(ii)  at least as large as the filling or withdrawal connection, whichev er is larger, but in no 
case less than 1 1/4 in. (3 cm) nominal inside diameter.   60 (3)  If any AST installed after September 30, 1994 has more than one fill or withdrawal connection 
and simultaneous filling or withdrawal can be made, the vent size shall be b ased on the 
maximum anticipated simultaneous flow.  
(4)  Except for tanks containing Class III liquids, vents shall be equipped with venting devices.  
(i)  Tanks containing Class IA liquids shall be equipped with venting devices that are 
closed, except when venting under pressure or vacuum conditions.  
(ii)  Tanks containing Class IB and IC liquids shall be equipped with venting devices that 
are closed, except when venting under pressure or vacuum conditions, or with 
listed flame arresters.  
(iii)  Tanks contai ning Class II liquids shall be equipped with venting devices that will 
protect the tank against the intrusion of water, debris, or insects.  
(5)  Adequate ventilation either natural or forced must exist to guarantee that flammable liquid 
vapors cannot build up to 25% of the lower flammable limit anywhere, because of the 
presence of the tank facility in question.   
(d)  Emergency Relief Venting  
(1)  Every AST shall have some form of construction or device that will relieve excessive internal 
pressure caused by  exposure to fires.  
(i)  This requirement shall also apply to each compartment of a compartmented tank, the 
interstitial space of secondary containment -type tanks, and the enclosed space 
of closed- top dike tanks, except where the tank was constructed prior  to the 
publication of the 1996 edition of NFPA 30 “Flammable and Combustible Liquids 
Code ”. 
Exception:  Tanks larger than 12,000 gallons capacity storing Class IIIB liquids do not 
require emergency relief venting unless they are within the diked area or 
the drainage path of Class I or Class II liquids.  
(2)  In a vertical tank, the construction referred to in 3 -2-1(d)(1) may take the form of a floating 
roof, lifter roof, a weak roof -to-shell seam, or other approved pressure -relieving 
construction. The weak r oof-to-shell seam shall be constructed to fail preferential to any 
other seam. Design methods that will provide a weak roof -to-shell seam construction are 
contained in API Standard 650, Welded Steel Tanks for Oil Storage, and Standard UL 
142, Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids.  
(3)  Where entire dependence for emergency relief is placed upon pressure- relieving devices, the 
total venting capacity of both normal and emergency vents shall be enough to prevent rupture of the shell or bottom of the tank if vertical, or of the shell or heads if horizontal.  
(4)  The total capacity of both normal and emergency venting devices shall not be less than the 
requirements of NFPA 30 “Flammable and Combustible Liquids Code ”. 
(5)  Emer gency relief vent devices shall be vapor  tight and shall be permitted to be a self -closing 
manway cover, a manway cover provided with long bolts that permit the cover to lift 
under internal pressure, or additional or larger relief valve or valves.  
(6)  Eac h commercial tank venting device shall be stamped with the operational pressures and 
capacities required by NFPA 30 “Flammable and Combustible Liquids Code ”.  61 (7)  For the e xtension of emergency vent piping, piping to or from approved emergency vent 
devices  shall be sized to provide emergency vent flows that limit the back pressure to 
less than the maximum pressure permitted by the design of the tank.  
(8)  The required emergency relief venting capacities for tanks and devices, requirements for 
tanks storing unstable liquids, additional requirements for tanks other than atmospheric, 
and other requirements for emergency relief venting design are found in NFPA 30 
“Flammable and Combustible Liquids Code ”.  
(e)  Tank Openings Other t han Vents  
(1)  Each connection to an AST through which liquid can normally flow shall be provided with an 
internal or an external valve located as close as practical to the shell of the tank.  
(2)  Each connection below the liquid level through which liquid does not normally flow shall be 
provided with a liquid- tight closure. This may be a valve, plug, or blind, or a combination 
of these.  
(3)  Openings for gauging on tanks storing Class I liquids shall be provided with a vapor -tight cap 
or cover. Such covers shall be closed when not gaugi ng. 
(4)  Fill pipes that enter the top of a tank shall terminate within 6 in (15 cm) of the bottom of the 
tank. Fill pipes shall be installed or arranged so that vibration is minimized.  
Exception: Fill pipes in tanks whose vapor space, under normal operati ng conditions, is 
not in the flammable range need not meet this requirement.  
(5)  Filling and emptying connections for Class I, Class II, and Class IIIA liquids that are made 
and broken shall be located outside of buildings at a location free from any sour ce of 
ignition and not less than 5 ft. (1.5 m) away from any building opening. Such connections 
for any liquid shall be closed and liquid tight when not in use and shall be properly identified.   
(f)  Static Protection f or all ASTs   
(1)  Grounding Required  
All equipment such as tanks, machinery and piping, where an ignitable mixture may be present shall be bonded or connected to a ground.  
(2)  Bonding Facilities Required  
The bond or ground or both shall be physically applied or shall be inherently present by  
the nature of the installation; and  
(i)  Bonding facilities for protection against static sparks during the loading of tank 
vehicles through open domes shall be provided:  
(A)  Where Class I liquids are loaded, or  
(B)  Where Class II or Class III liquids are loaded into vehicles that may contain 
vapors from previous cargoes of Class I liquids; and  
(ii)  Bonding facilities shall consist of a metallic bond wire permanently electrically 
connected to the fill stem, or to some part of the rack structure in elect rical 
contact with the fill stem. The free end of such wire shall be provided with a clamp or equivalent device for convenient attachment to some metallic part in  62 electrical contact with the cargo tank of the tank vehicle. (This can be a simple 
ground clam p used while loading).  
(g)  Standards f or Piping, Valves, and Fittings  
 (1)  General and Suction Systems.  
(i)  For the purpose these regulations, piping connected to an AST is considered to be 
suction piping when the entire length of piping is at a higher elevation than the AST it is connected to, and where there is no pump installed between the tank and piping. All other piping connected to an AST is pressurized piping.  
(A)  ASTs with underground piping must meet all of the requirements for 
underground pressurized piping contained in Article 2 of these regulations, including the construction, corrosion protection, and 
installation requirements of 2-2-1 (b), the secondary containment 
requirements of 2-2-1(e) for piping installed after April 14, 2011, and 
release detection requirements of 2 -3-4-3. 
(ii)  Liquid shall not be dispensed from a tank by pressurization of the tank. Means shall 
be provided to prevent the release of liquid by siphon flow.  
(iii)  On or after October 14, 2012, where an AST is at an elevation that produces a 
gravity head on a motor fuel dispensing device, the tank outlet shall be equipped 
with a device (such as a normally closed solenoid valve) that will prevent gravity 
flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the main valve specified by 3 -2-1(e)(1) of these regulations. The 
device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the event of failure of the piping or hose when the dispenser is not in use.  
(iv)  Where a suction -type dispensing system includes a booster pump or where a 
suction- type dispensing system is supplied by a tank in a manner that produces a 
gravity head on the dispensing device, a listed, vacuum -actuated shutof f valve 
with a shear section or equivalent type valve shall be installed directly under the dispensing device.  
(A)  Suction -type dispensing systems installed before April 14, 2011 that include 
a solenoid valve at the tank outlet, and a listed, rigidly anchored emergency shutoff valve incorporating a fusible link or other thermally 
actuated device, designed to close automatically in event of severe 
impact or fire exposure are deemed to meet this requirement.  
(v)  For ASTs installed after September 30, 1994, shutoff and check valves shall be 
equipped with a pressure -relieving device that will relieve the pressure generated 
by thermal expansion back to the tank.  
(vi)  Piping shall be routed so that exposure to physical damage is minimized.  
(vii)  Piping systems  shall be supported and protected against physical damage, including 
damage from stresses arising from settlement, vibration, expansion, or contraction.   
(2)  Remote Pumping Systems  
This section shall apply to systems for dispensing Class I liquids and Class II liquids 
where such liquids are transferred from storage to individual or multiple dispensing 
devices by pumps located other than at the dispensing devices.   63 (i)  Pumps shall be listed and designed or equipped so that no part of the system will be 
subjected to pressures above its allowable working pressure.  
(ii)  Each pump shall have installed,  on the discharge side,  a listed leak detection device 
that will provide an indication if  the piping and dispensers are not essentially 
liquid tight. Each leak -detecting device shall be checked and tested at least 
annually according to the manufacturer’s specifications.  
(iii)  Pumps installed above -grade and outside of buildings shall be located not less than 
10 ft.  (3 m) from lines of adjoining property that can be built upon and not less 
than 5 ft.  (1.5 m) from any building opening. Pumps shall be substantially 
anchored and protected against physical damage.  
(iv)  A listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other 
thermally ac tuated device designed to close automatically in event of severe 
impact or fire exposure,  shall be installed in accordance with the manufacturer’s 
instructions in the supply line at the base of each individual island- type dispenser 
or at the inlet of each overhead dispensing device. An emergency shutoff valve 
incorporating a slip- joint feature shall not be used. The automatic closing feature 
of this valve shall be checked at the time of initial installation and at least once a 
year thereafter by manually tr ipping the hold -open linkage.  
(v)  Any vapor return pipe inside the dispenser housing shall have a shear section or 
flexible connector so that the liquid emergency shutoff valve will function as described above.  
(3)  Breakaway devices  
A listed emergency br eakaway device designed to retain liquid on both sides of the 
breakaway point shall be installed on each hose dispensing Class I and Class II liquids. 
Such devices are not required at marine service stations.  
(h)  Compat ibility Requirements  
Owners/operato rs must use an AST system made of or lined with materials that are compatible with the 
substance stored in the AST.  
[Note: Owners/operators storing alcohol blends may use the following codes to comply with the requirements of this section: (a) American Pet roleum Institute Publication Recommended Practice 1626, 
"Storing and Handling Ethanol and Gasoline- Ethanol Blends at Distribution Terminals and Service 
Stations"; and (b) American Petroleum Institute Publication 1627, Storage and Handling of Gasoline -
Methanol/Co- solvent Blends at Distribution Terminals and Service Stations , Recommended 
Practice Publication 1627, "Storage and Handling of Gasoline- Methanol/Co -solvent Blends at Distribution 
Terminals and Service Stations."]  
(i)  Security  
(1)  Where tanks are supported above the foundations, tank supports shall be installed on firm 
foundations. Steel supports or exposed piling supports for tanks storing Class I, Class II, 
or Class IIIA liquids shall be protected by materials having a fire resistance rating of not  
less than 2 hours.  
(2)  Every tank shall be supported to prevent the excessive concentration of loads on the 
supporting portion of the tank shell.  
(3)  The area within the fence (if applicable) and within any dike shall be kept free of vegetation, 
debris,  and any other material that is not necessary to the proper operation of the tank 
and piping system.   64 (4)  After December 22, 1996, tanks that are not listed as Standard UL 2085 Standard for 
Protected Aboveground Tanks for Flammable and Combustible Liquids Protected Tanks  
where fuel is dispensed into vehicles shall be protected against vehicular collision by 
suitable barriers, which may include buildings and open space which the Director 
approves in writing.  
(5)  Tanks which are not enclosed in vaults  shall be enclosed with a chain link fence at least 6 ft .  
high. The fence shall be separated from the tanks by at least 10 ft . and shall have a gate 
that is secured against unauthorized entry.  This requirement applies to:  
(i)  Tanks at motor fuel dispensing faci lities, and  
(ii)  Tanks at all other facilities that have an individual or aggregate capacity of 12,000 
gallons or more.  
Exception: Tanks are not required to be enclosed with a fence if the property on which 
the tanks are located has a perimeter security f ence.  
(6)  Tanks that are unsupervised for any period of time, or are located in isolated/remote areas, 
shall be secured and shall be marked to identify the fire hazards of the tank and the 
tank’s contents to the general public. Where necessary to protect the tank from tampering 
or trespassing, the area where the tank is located shall be secured.  
(7)  For ASTs installed after September 30, 1994, tank supports and foundations shall be 
designed to minimize the possibility of uneven settling of the tank and to minimize 
corrosion to any part of the tank.  
3-2-2  Location and Installation  
3-2-2-1  Service Stations (Motor Fuel Dispensing Facilities and Repair Garages)  
After September 30, 1994, new ASTs may only be installed at service stations if they meet all the general 
requirements for ASTs, and the service station requirements of this section. After December 22, 1996, 
tanks designed and built for underground use shall not be used as ASTs. All of the provisions in this 
section also apply to marine service stations and airport service stations.  
(a)  For ASTs installed after September 30, 1994, tanks storing Class I and Class II liquids at an individual 
site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 48,000 gallons unless such tanks are installed in vaults complying with 3-2-2-5, in 
which case the maximum individual capacity shall be permitted to be 15,000 gallons.  
(b)  For ASTs installed after September 30, 1994, and before April 14, 2011, tanks shall be located in 
accordance with Table 1 in this section, except that for secondary containment tanks, “fire tested” 
tanks, "fire resistant" tanks or tanks installed in a vault, the distance requirement from tank to 
dispenser is waived, provided that all tanks, pipes and dispensers are satisfactorily protected 
from vehicular traffic.  
(c)  For ASTs installed on or after April 14, 2011, ASTs shall be located in accordance with Table 1 below.  
TABLE 1  AST Separation at Motor Fuel Dispensing Facilities and Repair Garages  
 Minimum Distance (ft)  
Type of Tank  Individual Tank 
Capacity (gal)  From Nearest 
Important Building 
on the Same 
Property  From Nearest Fuel 
Dispensing Device From Property 
Line That Is or Can 
Be Built Upon 
Including Opposite 
Side of Public Way  From Nearest Sid e 
of Any Public Way  Between Tanks  
Tanks in vaults  
(measured from 
vault perimeter)  0 – 15,000  0 0 0 0 Separate vault 
compartments for 
each AST   65 Protected ASTs  
(UL 2085)  ≤ 6,000  5 0 15 5 3 
6,001 – 12,000  15 0 25 15 3 
Fire-resistant 
ASTs  
(UL 2080)  0 – 12,000 25 25 50 25 3 
Other ASTs 
meeting  
NFPA 30 
requirements  0 – 12,000  50 50 100 50 3 
 
(d)  Bulk Plants with Motor Fuel Dispensing.  
This section does not include facilities that meet the requirements of 3 -2-2-3. 
(1)  For facilities existing before April 14, 2011:  
(i)  ASTs shall meet the location and installation requirements of 3 -2-2-4. 
(ii)  Where the 50 ft distance requirement from tank to dispenser is met, the following 
shall apply to the ASTs used for both motor fuel dispensing and  bulk operations:  
ASTs storing Class I liquids shall be limited to a maximum individual capacity of 
12,000 gallons, ASTs storing Class II liquids shall be limited to a maximum 
individual capacity of 20,000 gallons, and the aggregate capacity for all tanks shall be 80,000 gallons.  
[Note:   There are no individual or aggregate capacity limits for ASTs used solely  
for bulk operations. ] 
(iii)  Where the 50 ft distance requirement from tank to dispenser is not met, the following 
shall apply to the ASTs used for both motor fuel dispen sing and bulk operations:  
ASTs storing Class I and Class II liquids shall be limited to a maximum individual capacity of 12,000 gallons, and an aggregate capacity of 48,000 gallons.  
[Note:   There are no individual or aggregate capacity limits for ASTs used solely  
for bulk operations. ] 
(2)  For new facilities installed on or after April 14, 2011:  
(i)  ASTs used for motor fuel dispensing shall meet the capacity and location 
requirements of 3- 2-2-1, except that the maximum individual tank capacity of 
12,000 gal lons, indicated in Table 1, shall be permitted to be increased to 20,000 
gallons for Class II liquids, and the aggregate capacity for all tanks shall be 
80,000 gallons.  
[Note:   ASTs that are used for motor fuel dispensing shall not be used for bulk 
operat ions. ] 
(ii)  ASTs used for bulk operations shall meet the location and installation requirements of 
3-2-2-4. 
[Note:   ASTs that are used for bulk operations shall not be used for motor fuel 
dispensing. ]  66 (3)  ASTs used solely for bulk operations shall not be connected by piping to ASTs or USTs used 
for motor fuel dispensing, and shall not supply dispensing devices used for motor vehicle 
fueling.  
Exception:  Where the total capacity of all ASTs used for motor fuel dispensing and all ASTs 
used solely for bulk op erations is within the aggregate capacities allowed by  3-2-2-1 
(d)(1) (ii) or (iii), changes to connected piping are not required.  
(4)  The motor fuel dispensing operations shall be separated from areas in which bulk plant 
operations are conducted by a fence or an approved structure (building, retaining wall, 
etc.), preventing direct access from one area to the other.  
3-2-2-2  Governmental, Industrial and Commercial AST Facilities (Fleet Vehicle Motor Fuel 
Dispensing)  
AST installations are permitted at comm ercial, industrial, governmental, and manufacturing facilities 
where motor fuels are dispensed into vehicles used in connection with their business by employees , but 
only under one of the following conditions:  
(a)  For ASTs installed before April 14, 2011,  existing restricted -capacity  fleet vehicle motor fuel 
dispensing operations  that meet the following requirements are allowed:  
(1)  The facility has been inspected and approved by the Director;  
(2)  No more than two (2) ASTs are in service at the facility ;  
(3)  No AST at the facility has a capacity greater than 6,000 U.S. gallons;  
(4)  There is not more than one (1) tank at the facility containing Class I liquids; and 
(5)  The spacing requirements of T able 2 below are met.  
TABLE 2  AST Separation at Restr icted -Capacity Fleet Motor Fuel Dispensing Facilities (Before April 14, 2011)  
 Minimum Distance (ft)  
Tank Capacity (gal)  From Nearest 
Important Building on 
the Same Property From Nearest Fuel 
Dispensing Device From Property Line 
That Is or Can Be 
Built U pon, Including 
the Opposite Side of a 
Public Way  From Nearest Side of 
Any Public Way  Between Tanks  
660 - 750 5 0 10 5 3 
751 – 6,000  5 0 15 5 3 
(b)  On or after April 14, 2011, new restricted -capacity fleet vehicle motor fuel dispensing operations  shall 
be allowed where the following requirements are met:   
(1)  The requirements of 3 -2-2-2(a)(1) – (4) are met; and 
(2)  The spacing requirements of T able 3 below are met.  
 
TABLE 3  AST Separation at Restricted -Capacity Fleet Motor Fuel Dispensing Facilities (O n or after April 14, 2011)  
 Minimum Distance (ft)  
Tank Capacity (gal)  From Nearest 
Important Building on 
the Same Property From Nearest Fuel 
Dispensing Device From Property Line 
That Is or Can Be 
Built Upon, Including 
the Opposite Side of a 
Public Way  From Nearest Side of 
Any Public Way  Between Tanks   67 660 – 2,000  25 0 50 25 3 
2,001 - 6,000  25 0 75 35 3 
(c)  For ASTs installed before April 14, 2011, if the AST system meets the requirements of  3-2-2-1(b) it 
can operate under the service station capacity allowances.  
(d)  On or after April 14, 2011, fleet vehicle motor fuel dispensing operations shall be allowed where the 
following requirements are met:  
(1)  The  spacing requirements of T able 4 below are met.  
(i)  The maximum individual tank capacity of 12,000 gallons, indicated in Table 4 below, 
shall be permitted to be increased to 20,000 gallons for Class II and Class III 
liquids, and the aggregate capacity for all tanks shall be 80,000 gallons; and  
(ii)  No minimum separation shall be required between the dispensing device and a tank 
in a vault, a protected aboveground tank, or a fire -resistant tank.  
TABLE 4  AST Separation at Fleet Motor Fuel Dispensing Facilities  
 Minimum Distance (ft)  
Type of Tank  Individual Tank 
Capacity (gal)  From Nearest 
Important Bu ilding 
on the Same 
Property  From Nearest Fuel 
Dispensing Device From Property 
Line That Is or Can 
Be Built Upon 
Including Opposite 
Side of Public Way  From Nearest Side 
of Any Public Way  Between Tanks  
Tanks in vaults  
(measured from 
vault perimeter)  0 – 15,000 0 0 0 0 Separate vault 
compartments for 
each AST  
Protected ASTs  
(UL 2085)  ≤ 6,000  5 0 15 5 3 
6,001 – 12,000  15 0 25 15 3 
Fire-resistant 
ASTs  
(UL 2080)  0 – 12,000  25 0 50 25 3 
Other ASTs 
meeting  
NFPA 30 
requirements  0 – 12,000  50 50 100 50 3 
 
3-2-2-3  Unattended Cardlock Systems  
(a)  On or after April 14, 2011, unattended ca rdlock systems are those motor fuel dispensing facilities 
already in existence which are located at bulk plants, governmental, industrial, and commercial 
facilities where only proprietary cards (or keys) issued by the facility, and that are specific to the 
facility’s fuel management or point of sale system, can be used to dispense fuel. Proprietary 
cards do not include cards that are available for regional or national fleet fueling.   
(1)  Cardlock systems installed before October 1, 1994 shall meet the AST separation distances 
of 3-2-2-4(a). 
(2)  Cardlock systems installed on October 1, 1994 or thereafter shall meet the AST separation 
distances of  3-2-2-4(a), and the tank -to-dispenser separation distances of 3 -2-2-1(b). 
(3)  Persons that are issued proprieta ry cards (or keys) must be knowledgeable in site- specific 
operating and emergency procedures for dispensing operations.   68 3-2-2-4  Bulk Plants (And Other Facilities Without Motor Fuel Dispensing)  
This section applies to ASTs  storing regulated substances, inc luding emergency generator tanks, 
outdoors  at bulk plants and other facilities (except those facilities covered by 3 -2-2-1) where there is no 
motor fuel dispensing.  
The following requirements and tables showing required minimum separation distances apply t o facilities 
in this section that store stable liquids in atmospheric ASTs where internal operating pressures do not 
exceed 2.5 psi. Requirements for the storage of other liquids in other types of ASTs at greater operating 
pressures are found in NFPA 30 “Flammable and Combustible Liquids Code ”, and must be followed.  
(a)  Every AST which is installed after September 30, 1994 and used for the storage of Class I, Class II, 
or Class IIIA stable liquids and operating at pressures not in excess of 2.5 psig (17.2 kPa) and designed with a weak roof -to-shell seam, or equipped with emergency venting devices that will 
not permit pressures to exceed 2.5 psig (17.2 kPa), shall be located in accordance with Table 5 in this section. Where tank spacing is contingent on a we ak roof -to-shell seam design, the user shall 
present evidence certifying such construction to the Director, upon request.  
Exception: Vertical tanks with weak roof -to-shell seams that store Class IIIA liquids shall be 
permitted to be located at one- half the distances specified in Table 5, provided the 
tanks are not within the same diked area as, or within the drainage path of, a tank 
storing a Class I or Class II liquid.  
(b)  Every AST which is installed after September 30, 1994 and used for the storage of C lass I, Class II, 
or Class IIIA stable liquids and operating at pressures exceeding 2.5 psig (17.2 kPa) or equipped with emergency venting that will permit pressures to exceed 2.5 psig (17.2 kPa), shall be located 
in accordance with, and meet the requirements of NFPA 30 “Flammable and Combustible Liquids 
Code ”. 
(c)  Every AST which is installed after September 30, 1994 and used for the storage of liquids with boil -
over characteristics shall be located in accordance with, and meet the requirements of NFPA 30.  
(d)  Every AST which is installed after September 30, 1994 and used for the storage of unstable liquids 
shall be located in accordance with, and meet the requirements of NFPA 30 “Flammable and 
Combustible Liquids Code ” . 
(e)  For ASTs installed before Apr il 14, 2011, spacing (Shell -to-Shell) between any two adjacent ASTs, 
where one AST is installed after September 30, 1994, with tanks storing Class I, II, or IIIA stable 
liquids shall be separated in accordance with Table 5 in this section.  
(f)  On or after  April 14, 2011, tanks used only for storing Class IIIB liquids shall not be required to be 
separated by more than 3 ft provided they are not within the same diked area as, or within the drainage path of, a tank storing a Class I or II liquid. If located w ithin the same diked area as, or 
within the drainage path of, a tank storing a Class I or II liquid, the tank storing Class IIIB liquid 
shall be spaced in accordance with the requirements for Class IIIA liquids in Table 5.  
(g)  Every AST which is installed after September  30, 1994 and used for the storage of Class IIIB stable 
liquids shall be located in accordance with Table 7 in this section.  
Exception: If located within the same diked area as, or within the drainage path of, a tank 
storing a Class I or C lass II liquid, the tank storing Class IIIB liquid shall be 
located in accordance with 3-2-2-4(a).  69  
TABLE 5   Location of Atmospheric ASTs Storing Stable Liquids (Class I, II, IIIA)  
Internal Pressure Not to Exceed a Gauge Pressure of 2.5 psi  
  Minimum Di stance (ft)  
Type of Tank  Protection  From Property Line That Is 
or Can Be Built Upon, 
Including the Opposite Side 
of a Public Way  From Nearest Side of Any 
Public Way or from Nearest 
Important Building on the 
Same Property  Minimum Tank Shell -to-
Shell Spacing 
Floating Roof  Protection for exposures  1/2 x tank diameter  1/6 x tank diameter  Greater of  1/6 x sum of 
adjacent tank diameters or 
3 ft None  Tank diameter  1/6 x tank diameter  
Vertical with weak  
roof-to-shell seam  Approved foam or 
inerting system  1/2 x tank diameter  1/6 x tank diameter  
Greater of  1/6 x sum of 
adjacent tank diameters or 
3 ft Protection for exposures  Tank diameter  1/3 x tank diameter  
None  2 x tank diameter  1/3 x tank diameter  
Horizontal and vertical 
tanks with emergency 
relief ven ting to limit 
pressures to 2.5 psi  Approved foam or 
inerting system  1/2 x value in table 6  1/2 x value in table 6  
Greater of  1/6 x sum of 
adjacent tank diameters or 
3 ft Protection for exposures  Value in table 6  Value in table 6  
None  2 x value in tabl e 6 Value in table 6  
Protected aboveground 
tank None  1/2 x value in table 6  1/2 x value in table 6  Greater of  1/6 x sum of 
adjacent tank diameters or 
3 ft 
In most cases “protection for exposures” will apply.  Greater of  values shown above  or 5 ft 3 ft mi n. where sum of 
adjacent tank diameters 
is ≤ 18 ft  
PROTECTION FOR EXPOSURES  - Fire protection for structures on property adjacent to liquid storage that is provided by (1) a public fire 
department or (2) a private fire brigade maintained on the property a djacent to the liquid storage, either of which is capable of providing cooling 
water streams to protect the property adjacent to the liquid storage.  
 
TABLE 6  Distances for Use with Table 5 (Above)  
 Minimum Distance (ft)  
Tank Capacity (gal)  From Property  Line That Is 
or Can Be Built Upon, 
Including the Opposite Side 
of a Public Way  From Nearest Side of Any 
Public Way or from Nearest 
Important Building on the 
Same Property  
660 - 750 10 5 
751 – 12,000  15 5 
12,001 – 30,000  20 5 
30,001 – 39,999  30 10 
 
TABLE 7  Location of ASTs Storing Class IIIB Liquids  
 Minimum Distance (ft)  
Tank Capacity (gal)  From Property Line That Is 
or Can Be Built Upon, 
Including the Opposite Side 
of a Public Way  From Nearest Side of Any 
Public Way or from Nearest 
Important Building on the 
Same Property  
12,000 or less  5 5 
12,000 - 30,000  10 5 
30,001 - 39,999  10 10 
  70 3-2-2-5  ASTs in Vaults  
The provisions in this section apply only to ASTs installed after September 30, 1994.  
(a)  There shall be no openings in the vault enclosure except those necessary for access to, inspection of, 
and filling, emptying, and venting of the tank. The walls and floor of the vault shall be constructed 
of reinforced concrete at least 6 inches (15 cm) thick. The top shall be constructed of non -
combusti ble material constructed to be weaker than the walls. The top, floor, and tank foundation 
shall be designed to withstand the anticipated loading. The vault shall be substantially liquid tight 
(able to contain the product for enough time until any release t herein can be cleaned up) and 
there shall be no backfill material around the tank. There shall be sufficient space between the 
tank and vault to allow for inspection of the tank and its appurtenances.  
(b)  Each vault and its tank shall be suitably anchored to withstand uplifting by groundwater or flooding, 
including when the tank is empty.  
(c)  A vault shall be designed to be wind and earthquake resistant in accordance with good engineering 
practice. The vault shall be resistant to damage from the impact of  a motor vehicle, or suitable 
collision barriers shall be provided.  
(d)  Each tank shall be in its own vault. Adjacent vaults may share a common wall.  
(e)  Connections shall be provided to permit venting of each vault to dilute, disperse, and remove any 
vapors prior to personnel entering the vault . 
(f)  Vaults that contain tanks of Class I liquids shall be provided with continuous ventilation at a rate of not 
less than 1 cubic foot per minute per square foot of floor area ( 0.3m 3/min-m 3), but not less than 
150 cfm (4m3/min). Failure of the exhaust air flow shall automatically shut down the dispensing 
system. The exhaust system shall be designed to provide air movement across all parts of the 
vault floor. Supply and exhaust ducts shall extend to within 3 in.  (7.6 cm), but not more than 12 in. 
(30.5 cm), of the floor. The exhaust system shall be installed in accordance w ith the provisions of 
NFPA 91, Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, and 
Vapor Removal or ConveyingStandard for Exhaust Systems for Air Conveying of Materials .  
Means shall be provided to automatically detect any flammable vapors and to automatically shut down the dispensing system upon detection of such flammable vapors in the exhaust duct at or 
above a concentration of 25 percent of the lower flammable limit.  
(g)  Each vault shall be equipped with a detection system capable of detecting liquids, including water, 
and of activating an alarm.  
(h)  Means shall be provided to recover liquid from the vault. If a pump is used to meet this requirement, 
the pump shall not be permanently installed in the vault. Electric powered portable pumps shall be suitable for use in Class I, Division 1 locations, as defined in NFPA 70, “ National Electrical 
Code ”. 
(i)  Vent pipes  that are provided for normal tank venting shall terminate at least 12 ft.  (3.6m) above ground 
level.  
(j)  Emergency vents shall be vapor tight and shall be permitted to discharge inside the vault. Long -bolt 
manhole covers shall not be permitted for this purpose.  
(k)  Each vault shall be provided with a means for personnel entry. At each entry point, a warning sign 
indicating the need for procedures for safe entry into confined spaces shall be posted. Each entry point shall be secured against unauthorized entry and vandalism.  
(l)  Each vault shall be provided with a suitable means to admit a fire suppression agent.   71 (m)  The interior of any vault containing a tank that stores a Class I liquid shall be designated a Class I, 
Division 1 location, as defined in N FPA 70, “National Electrical Code ”.  
3-2-2-6  Tanks Inside Buildings  
Exception: Tanks storing Class IIIB liquids need not comply with these provisions.  
Tanks shall not be permitted inside of buildings unless the storage of liquids in outside aboveground or  
underground tanks is not practical because of government regulations, temperature considerations or 
production considerations. Tanks may be permitted inside of buildings or structures only when permitted by the Director and only under the following condit ions:  
(a)  ASTs installed after September 30, 1994 inside buildings shall be permitted only in areas at or above 
grade that have adequate drainage and are separated from other parts of the building by 
construction having a fire resistance rating of at leas t 2 hours. Day tanks, running tanks, and 
surge tanks are permitted in process areas. Class I, Class II and Class IIIA liquids that may be 
heated above their flash points shall not be stored in basements. Openings to other rooms or 
buildings shall be provided with noncombustible liquid tight raised sills or ramps at least 4 in. (10 
cm) in height, or the floor in the storage area shall be at least 4 in.  (10 cm) below the surrounding 
floor.  As a minimum, each opening shall be provided with a listed, self -closing 1 1/2 -hr (B) fire 
door installed in accordance with the current versions of NFPA 80, Standard for Fire Doors and 
Fire Windows ; NFPA 90A “Standard for the Installation of Air Conditioning and Ventilating 
Systems ”, or NFPA 91, “Standard for the Installat ion of Blower and Exhaust Systems for Dust, 
Stock, and Vapor Removal or Conveying ”. The room shall be constructed without floor drains and 
with seals between walls and floor of the room in order to contain the product in case of leakage 
or spillage from th e tank.  
(1)  Secondary containment tanks do not remove the requirement for the raised sills or ramps at 
openings to other rooms or buildings, or lowered floor requirements described in ( a) 
above. An open -grated trench across the width of the opening inside of the room that 
drains to a safe location shall be permitted to be used as an alternative to a sill or ramp.  
(2)  The room shall be liquid tight where the walls join the floor and for at least 4 in. above the 
floor.  
(3)  Access aisles of at least 3 ft . width shall be maintained for movement of firefighting personnel 
and fire protection equipment.  
(b)  Each connection to a tank inside buildings through which liquid can normally flow shall be provided 
with an internal or an external valve located as close a s practicable to the shell of the tank; and 
connections for all tank openings shall be liquid tight.  
(c)  Tanks for storage of Class I or Class II liquids inside buildings shall be provided with either:  
(1)  A normally closed remotely activated valve,  
(2)  An automatic -closing heat -activated valve, or  
(3)  Another approved device on each liquid transfer connection below the liquid level, except for 
connections used for emergency disposal, to provide for quick cutoff of flow in the event of fire in the vicin ity of the tank. This function can be incorporated in the valve required in 
subsection (b) above and, if a separate valve, shall be located adjacent to the valve 
required in subsection (b).  
(d)  Vents for tanks inside of buildings shall be as required in 3 -2-1(c), 3 -2-1(d), 3 -2-2-5, except that 
emergency venting by the use of weak roof seams on tanks shall not be permitted. Vents shall 
terminate outside the buildings.  Formatted:  Font:  Not Italic
Formatted:  Font:  Not Italic
Formatted:  Font:  Not Italic 72 (1)  Section 3- 2-1(c)(5) requires that adequate ventilation exist to guarantee that flammable liquid 
vapors cannot build up to 25% percent or more of the lower flammable  limit, including 
inside buildings.  
(e)  Vent piping shall be constructed and equipped as in 3- 2-1(b) and 3 -2-1(c). 
(f)  Openings for manual gauging of Class I or Class II liqui ds, if independent of the fill pipe, shall be 
provided with a vapor tight cap or cover. Openings shall be kept closed when not gauging. Each 
such opening for any liquid shall be protected against liquid overflow and possible vapor release 
by means of a spr ing-loaded check valve or other approved device. Substitutes for manual 
gauging include, but are not limited to, heavy -duty flat gauge glasses, magnetic, hydraulic, or 
hydrostatic remote reading devices, and sealed float gauges.  
(g)  The inlet of the fill pipe and the outlet of a vapor recovery line for which connections are made and 
broken shall be located outside of buildings at a location free from any source of ignition and not 
less than 5 ft . (1.5 m) away from any building opening. Such connections shall be closed and tight 
when not in use and shall be properly identified.  
(h)  Tanks storing Class I, Class II, and Class IIIA liquids inside buildings shall be equipped with a device, 
or other means shall be provided to prevent overflow into the building. Suitable devices include, 
but are not limited to, a float valve, a preset meter on the fill line, a valve actuated by the weight of 
the tank contents, a low head pump incapable of producing overflow, or a liquid tight overflow 
pipe at least one pipe size l arger than the fill pipe, discharging by gravity back to the outside 
source of liquid or to an approved location.  
(i)  Tank openings provided for purposes of vapor recovery shall be protected against possible vapor 
release by means of a spring- loaded check  valve or dry -break connections, or other approved 
device, unless the opening is pipe- connected to a vapor processing system. Openings designed 
for combined fill and vapor recovery shall also be protected against vapor release unless 
connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery 
line. All connections shall be vapor tight.  
3-2-2-7  Separation from Propane ASTs  
(a)  The minimum horizontal separation between an LP -Gas container and a Class I, Class II or Class IIIA 
liquid storage tank installed after September 30, 1994 shall be 20 ft (6 m). When flammable or 
combustible liquids storage tanks are within a diked area, the LP -Gas containers shall be outside 
the diked area and at least 10 ft (3 m) away from the c enterline of the wall of the diked area. For 
all tanks, suitable measures shall be taken to prevent the accumulation of Class I, Class II, or 
Class IIIA liquids under adjacent LP -Gas containers such as by dikes, diversion curbs, or grading.  
(b)  Subsection (a) shall not apply when LP -Gas containers of 125 gal (475 L) or less capacity are 
installed adjacent to fuel oil supply tanks of 660 gal (2498 L) or less capacity. No horizontal 
separation is required between aboveground LP -Gas containers and underground  flammable and 
combustible liquids tanks installed in accordance with UST rules.   
3-2-3  Installation, Upgrade, and Repairs  
(a)  Application for Permit for ASTs   
(1)  An application must be submitted to and approved by the Director before beginning 
construction;  
(i)  On any new or used/reinstalled AST system that will store a regulated substance; or  
(ii)  Before beginning construction on any existing regulated substance AST system at a 
facility that is being upgraded to the standards described in these regulations or applicable statutes.   73 (A)  This requirement applies to alterations made to tanks, piping, or equipment 
affecting their operation, to containment (diking or impounding), and to 
the security provisions of 3- 2-1(i)(5) or (6).  
[Note:  Where a tank wil l be moved from and returned to its original 
location in order to allow an alteration to its containment (e.g., changing from bare earthen diking to lined earth or concrete 
diking), or where a tank will be moved to a new location outside of its current footprint, a permanent closure must be performed in 
accordance with 3- 4-2, and an application must be submitted for its 
reinstallation. For tanks installed before October 1, 1994 that will 
be moved from and returned to their original location, requests for variance from separation requirements of 3 -2-2 that cannot be met 
must be made in writing at the time of application. ] 
(2)  The application must include:  
(i)  Site Plan - A dimensioned drawing of the facility, showing the name and address of 
the facility, th e location of existing tanks and piping that will remain at the facility, 
as well as new tanks and piping proposed in the application, the location of dispensers and buildings at the facility, the location of loading/unloading facilities, 
the location of g uard posts and fences, the location of property lines, and the 
location and names of streets adjacent to the facility; and  
(ii)  A written application, using the form supplied by the Director, containing information 
about the proposed construction.  
[Note:  If a used AST will be installed/reinstalled, the requirements of 3 -2-3(d) apply, and 
the results of the required inspections and testing must be submitted with the application. ] 
 (b)  AST Facility Inspections Required  
(1)  Except in emergencies, if under ground piping will be replaced or added to the AST system, 
the Director must be notified at least 72 hours prior to beginning the air pressure/soap solution test of the piping in order that an inspection of the system may be scheduled at 
that time. Emergency situations will be dealt with individually by the Director, possibly by delegation of the inspection.  
(2)  The Director will make an inspection of the AST system, to verify that the facility was 
constructed according to plan. This inspection will be as detailed as practicable, but does 
not exempt the owner/operator from certifying that the installation was made according to 
all the requirements of these regulations. The owner/operator shall provide the Director 
with a 72 hour notice prior to the filling of the tank system.   
 (c)  Denial or Revocation of Permit   
(1)  An AST permit application may be denied or revoked if the AST installation or operation is not 
in conformance with these AST regulations . or is not in conformance with all applicable 
sections of the National Fire Protection Association codes.  
(2)  An AST permit may be denied or revoked if the AST permit application is not complete or is 
determined to be inaccurate.  
(3)  An AST permit may be revoked if the AST installation or operation is not in conformance with 
the NFPA Codes in effect at the time of installation, and may be revoked for 
misrepresentation of the facts presented in the application.   74 (4)  An AST permit may be revoked if an inspection by the Director reveals that the construction 
performed is not in accordance with the installation plan submitted for approval; and may 
be revoked for failure to meet the operating or fire safety rules established by these 
regulations . or established by the various provisions of the NFPA Codes that apply  to the 
AST facility. 
(5)  An AST system permit is automatically revoked six months after the date of issue unless the 
Director grants an extension in writing.  
(6)  Six months or later, after an AST permit is issued, the permit may be modified by subsequen t 
statutory or regulatory changes.   
(d)  Reinstallation of ASTs  
(1)  Used ASTs being installed to store a regulated substance must meet the following 
requirements:  
(i)  The AST itself must meet all of the fabrication, construction and performance 
requirem ents, and be equipped with all of the required equipment listed in 3 -2 of 
these regulations.  
(ii)  The tank must be inspected per  3-3-4-2, and manufacturer reinstallation/relocation 
requirements.  
(iii)  The AST installation and registration requirements of  3-2-3 and 3 -2-4. 
(iv)  Emergency relief vent devices must be tested and certified to be in good working 
order.   
(e)  Upgrading AST Systems  
The deadlines for the upgrading of AST systems that existed prior to AST regulations being promulgated 
have expired. This section remains in this revision for historical reference.  
(1)  On or before December 22, 1996, AST systems must meet the requirements of these 
regulations or permanently close the tanks in accordance with these regulations. The 
following requirements take effect December 22, 1996:  
(i)  Each AST must be sound and have an emergency relief venting device which is 
equivalent to those described in these regulations. The owner/operator is required to provide proof that the tank meets this requirement.  
(ii)  Secondary containment methods or devices must be provided and in regular use at 
the facility as described in 3- 3-1. 
(iii)  The facility must meet the security requirements of 3- 2-1(i). 
(2)  By December 22, 1998 certain AST systems must be equipped with a solenoid valve or a 
vacuum -actuated shutoff valve, with a shear section as described in 3- 2-1(g). 
[Note: In applying these requirements, the following quotation will be carefully considered 
by the Director - "Existing plants, equipment, buildings, struct ures, and installations for 
the storage, handling or use of flammable or combustible liquids that are not in strict 
compliance with the terms of this code may be continued in use at the discretion of the 
Director provided they do not constitute a recognize d hazard to life or adjoining property. 
The existence of a situation that might result in an explosion or sudden escalation of a 
fire, such as inadequate ventilation of confined spaces, lack of adequate emergency  75 venting of a tank, failure to fireproof the supports of elevated tanks, or lack of drainage or 
dikes to control spills, may constitute such a hazard."]  
 (f)  Repairs Allowed  
(1)  If an AST system is damaged, it must be repaired to meet applicable requirements, or be 
properly closed. Owners/operato rs of AST systems must ensure that repairs will prevent 
releases due to structural failure or corrosion as long as the AST system is used to store 
regulated substances.  
(2)  The repairs must meet the following requirements:  
(i)  Repairs to AST systems must  be properly conducted in accordance with a code of 
practice developed by a nationally recognized association or an independent testing laboratory. [Note:  The following codes and standards may be used to 
comply with this section:  National Fire Protection Association Standard 30, 
"Flammable and Combustible Liquids Code"; American Petroleum Institute 
Publication Recommended Practice 2200, "Repairing Crude Oil, Liquefied 
Petroleum Gas, and Product Pipelines"];  
(ii)  Above ground metal pipe that has released product must be immediately repaired or 
replaced and appropriately tested. [Note: repaired piping that has previously contained flammable liquid must not be subjected to an air pressure test unless 
the piping has been completely cleaned and rendered vapor free]  
(iii)  Underground metal pipe sections and fittings connected to an AST that have 
released product as a result of corrosion or other damage must be replaced 
immediately and protected from future corrosion. Fiberglass pipes and fittings 
may be repaired in accordance with the equipment manufacturer's specifications.  
(iv)  Repaired AST underground piping must be tightness tested in accordance with 2 -3-
4-3(a)(2)(i) within 30 calendar days following the date of the completion of the 
repair.  New replacement  piping runs that have never contained product may be 
tested by an air pressure/soap bubble test at 1.5 times operating pressure if inspected and approved by the Director.  
(3)  If a release of regulated substance is identified during repairs to AST system equipment, the 
owner/operator shall report the release according to Article 4.  
 
3-2-4  AST System Registration and Transfer of Ownership  
(a)  Registration and Notification for ASTs.  
(1)  AST Registration Required.   All ASTs and facility data must be regis tered, re- registered or 
updated on a form provided by the Director, regardless of whether the ASTs and facilities are currently in service or in temporary closure , according to the following provisions:   
(i)  The registration form must be filled out as com pletely as possible by the 
owner/operator of the AST; and must include each tank owned or operated at the 
facility.  
(ii)  Owners/operators may provide notice for several tanks at a single facility using one 
notification form, but owners/operators who own o r operate tanks located at more 
than one facility must file a separate notification form for each separate facility.   76 (2)  Registration Timing.   Each owner/operator of an AST must register each AST with the 
Director  as follows:  
(i)  By July 1, 1993 if the t anks were not registered previously . 
(ii)  Within 30 calendar days after the first day on which any AST is actually used to 
contain a regulated substance.  
(iii)  This registration information must be updated within 30 calendar days  after any 
additional tank construction, AST system upgrading, temporary or permanent 
closure, or changes in operation including a change of owner or operator, has 
been completed.  
(iv)  This registration must be renewed annually during the month designated by the 
Director, and dur ing the same month in each succeeding year thereafter.  
(3)  Registration Fee Required.   The owner/operator is required to pay an annual registration fee 
in the amount allowed by the current state law for each regulated tank owned or 
operated, until the regulated AST is permanently closed as in 3 -4-2 or until the 
owner/operator has instituted a change -in-service to a substance other than a regulated 
substance as in 3- 4-3. 
(4)  Tank Vendor Responsibility.   Any person who sells  a tank intended to be used as an  AST 
must notify the purchaser of such tank of the purchaser’s registration and registration fee 
obligations under this section.  
 (5)   All owners/operators of new A ST systems must certify in the registration form, compliance 
with the requir ement  for financial responsibility under Article 7 of these regulations . 
 
Section 3- 3  Operation 
3-3-1  Spill and Overfill Protection  
(a)  General Requirements  
(1)  After December 22, 1996, facilities shall be provided so that any accidental discharge of any 
Class I, II or IIIA liquids will be prevented from endangering important facilities, and 
adjoining property, or reaching waterways, as provided for in subsections (b) or (c) 
except that tanks storing Class IIIB liquids do not require special drainage or diking provisi ons for fire protection purposes.  
(2)  Owners/operators of ASTs must ensure that releases due to spilling or overfilling do not 
occur. The owner/operator must ensure that the volume available in the tank is greater than the volume of product to be transfer red to the tank before the transfer is made; and 
that the transfer operation is monitored constantly to prevent overfilling and spilling.  
(i)   Where electronic or mechanical gauges are used for determining tank volume 
(ground –level tape gauges, clock face gauges, etc.), the gauge shall be 
calibrated annually, per manufacturer instructions. These calibrations shall be documented and maintained.  
(3)  Spill and overfill prevention equipment is required for all ASTs installed after September 30, 
1994. Means shall be provided for determining the liquid level in each tank and be 
accessible to the delivery operator. Specifically, for all ASTs installed after September 30, 
1994 at service stations, and for all secondary containment type tanks without diking or 
impounding protection, the equipment shall automatically stop the delivery of liquid to the Formatted:  par1 77 tank when the liquid level in the tank reaches 95 percent of capacity or sound an audible 
alarm when the liquid level in the tank reaches 90 percent of capacity.  
(4)  D elivery operations shall comply with the following requirements:  
(i)  The delivery vehicle shall be separated from any AST by at least 25 ft. (7.6 m) for 
class I liquids and by at least 15 ft. for class II and class III liquids, measured from the nearest f ill spout or transfer connection.  
(ii)  Tank filling shall not begin until the delivery operator has determined tank ullage 
(available capacity) based on direct liquid level measurement converted to 
gallons or some equivalent method.  
(A)   Where spill and overfill prevention equipment that will automatically stop the 
delivery of liquid to the tank or sound an audible alarm that can be heard by the delivery operator described in 3 -3-1-(a)(3) does not exist, tank 
ullage and the amount of product delivered mus t be documented and 
maintained.  
(iii)  For ASTs installed after September 30, 1994, a check valve and a shutoff valve with 
a quick -connect coupling or a check valve with a dry -break valve shall be 
installed in the piping at a point where connection and dis connection is made for 
delivery from the bulk delivery vehicle to the AST. This device shall be protected 
from tampering and physical damage.  
(5)  The owner/operator must report, investigate, and clean up any spills and overfills in 
accordance with Articles 4 and 5 of these Regulations.  
(b)  Remote Impounding.  
Where protection of adjoining property or waterways is by means of drainage to a remote 
impounding area, so that impounded liquid will not be held against tanks, such systems shall 
comply with the fol lowing:  
(1)  A slope of not less than 1 percent away from the tank shall be provided for at least 50 ft . 
toward the impounding area.  
(2)  The impounding area shall have a net capacity not less than that of the largest tank that can 
drain into it plus an al lowance for precipitation.  
(3)  The route of the drainage system shall be so located that, if the liquids in the drainage system 
are ignited, the fire will not seriously expose tanks or adjoining property.  
(4)  The confines of the impounding area shall be located so that, when filled to capacity, the 
liquid level will not be closer than 50 ft. from any property line that can be built upon, or 
from any tank.  
(c)  Im pounding Around Tanks by Diking  
Exception: Size and spacing requirements for dikes enclosing existing ASTs may be reduced or waived by the Director if he determines that there are equivalent safety measures at the facility.  
When protection of adjoining property or waterways is by means of impounding by diking around 
the tanks, such system shall com ply with the following:  
(1)  For ASTs installed after September 30, 1994, a slope of not less than 1 percent away from 
the tank shall be provided for at least 50 ft . or to the dike base, whichever is less.   78 (2)  After December 22, 1996, the volumetric capac ity of the diked area shall not be less than the 
greatest amount of liquid that can be released from the largest tank within the diked area, 
assuming a full tank. To allow for volume occupied by tanks, the capacity of the diked 
area enclosing more than one tank shall be calculated after deducting the volume of the 
tanks, other than the largest tank, below the height of the dike.  
(3)  For ASTs installed after September 30, 1994, to permit access, the outside base of the dike 
at ground level shall be no closer than 10 ft . to any property line that is, or can be , built 
upon.  
(4)  After December 22, 1996, walls of the diked area shall be of non -permeable earth, steel, 
concrete, or solid masonry designed to be liquid tight and to withstand a full hydrostatic 
head  for enough time until any release therein can be cleaned up. For all AST dikes 
installed after September 30, 1994, the floor of the diked area must be impervious enough to contain the product for enough time until any release therein can be cleaned 
up. Ea rthen walls 3 ft . or more in height shall have a flat section at the top not less than 2 
ft. wide. The slope of an earthen wall shall be consistent with the angle of repose of the 
material of which the wall is constructed. Diked areas for tanks containing Class I liquids 
located in extremely porous soils may require special treatment to prevent seepage of hazardous quantities of liquids to low -lying areas or waterways in case of spills.  
(5)  Except as provided in subsection (6) below, the walls of the diked area shall be restricted to 
an average interior height of 6 ft . above interior grade.  
(6)  Dikes may be higher than an average of 6 ft . above interior grade where provisions are made 
for normal access and necessary emergency access to tanks, valves, and other equipment, and safe egress from the diked enclosure.  
(i)  Where the average height of the dike containing Class I liquids is over 12 ft high, 
measured from interior grade, or where the distance between any tank and the top inside edge of the dike wall  is less than the height of the dike, provisions shall 
be made for normal operation of valves and access to tank roof without entering 
below the top of the dike. These provisions may be met through the use of 
remote -operated valves, elevated walkways, etc.  
(ii)  Piping passing through dike walls shall be designed to prevent excessive stresses as 
a result of settlement or fire exposure.  
(iii)  For ASTs installed after September 30, 1994, the minimum distance between tanks 
and toe of interior dike walls shall  be 5 ft.  
(7)  Where provision is made for draining water from diked areas, such drains shall be controlled 
in a manner so as to prevent flammable or combustible liquids from entering natural water courses, public sewers, or public drains.   Control of drai nage shall be accessible 
under fire conditions from outside the dike.   
(8)  Storage of combustible materials, empty or full drums, or barrels, shall not be permitted within 
the diked area.  
(d)  Secondary Containment Tanks may be installed without special drainage or diking if they are 
constructed to meet all the following requirements:   
 (1)  The capacity of the tank shall not exceed 12,000 gallons for Class I liquids or 20,000 gallons 
for Class II and IIIA liquids; and  
(2)  All piping connections to the tank are made above the normal maximum liquid level; and  
(3)  Means are provided to prevent the release of liquid from the tank by siphon flow; and   79 (4)  The outer tank must contain a release from any portion of the inner tank within the outer wall; 
and 
(5)  For ASTs installed after September 30, 1994, spacing between adjacent tanks shall be not 
less than three (3) feet (0.9 M); and  
(6)  Tanks that are not listed as UL 2085 Standard for Protected Aboveground Tanks for 
Flammable and Combustible Liquids  Protecte d Tanks must be protected from collisions 
as described in 3 -2-1(i); and  
(7)  The system must prevent spills by  being equipped with:  
(i)  A check valve and a shutoff valve with a quick -connect coupling or a check valve with 
a dry -break valve which is instal led in the piping at a point where connection and 
disconnection is made for delivery from the vehicle to any AST; or  
(ii)  If the delivery hose is connected directly to the tank, the fill line at the tank shall be 
equipped with a tight -fill device for conn ecting the hose to the tank to prevent or 
contain any spill at the fill opening during delivery operations; and  
(8)  ASTs must prevent overfills by means of equipment that will shut off liquid flow to the tank 
when the liquid level in the tank reaches 95% of capacity or sound an audible alarm when 
the liquid level in the tank reaches 90% of capacity.  
(e)  Secondary containment areas must be maintained free of accumulations of water, leaves, weeds, 
flammable material, non U.L. listed tanks or drums, and anyt hing else that might interfere with the 
containment purpose of such areas.  
 
3-3-2  Corrosion Protection   
(a)  Internal Corrosion Protection For ASTs Installed After September 30, 1994.  
When ASTs installed after September 30, 1994,  are not designed in accor dance with the 
American Petroleum Institute, American Society of Mechanical Engineers, or the Underwriters 
Laboratories Inc. Standards, or if corrosion is anticipated beyond that provided for in the design 
formulas used, additional metal thickness or suita ble protective coatings or linings shall be 
provided to compensate for the corrosion loss expected during the design life of the tank.  
(b)  External Corrosion Protection for ASTs installed after September 30, 1994.  
For those portions of an AST system installed after September 30, 1994,  including the product 
pipelines that normally contain regulated substances and are in contact with the soil or with an 
electrolyte that may cause corrosion of the AST system, tanks and piping must be protected by 
either:  
(1)  A properly engineered, installed and maintained cathodic protection system in accordance 
with recognized standards of design, such as:  
(i)  National Association of Corrosion Engineers Standard RP -01-69, "Control of External 
Corrosion of Underground or Sub merged Metallic Piping Systems"  ; 
(ii)  National Association of Corrosion Engineers Standard RP -02-85 ,"Control of External 
Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage 
Systems" ; or; 
(2)  Approved or listed corrosion- resista nt materials or systems, which may include special alloys, 
fiberglass reinforced plastic, or fiberglass reinforced plastic coatings.   80 (c)  External Coating of all Elevated Tanks.  
For installations where tanks and piping are not in contact with soil or with an electrolyte, 
corrosion protection may consist of an appropriate external coating.  
(d)  Cathodic Protection Requirements.  
Owners/operators must comply with the following requirements to ensure that releases due to 
corrosion are prevented for as long as a cathodically protected AST system is used to store 
regulated substances:  
(1)  All corrosion protection systems must be operated and maintained to continuously provide 
corrosion protection to the metal components of that portion of the tank and piping that  
routinely contain regulated substances and are in contact with the ground.  
(2)  Performance criteria -  The criteria that are used to determine that cathodic protection is 
adequate as required by this section must be in accordance with a code of practice 
developed by a nationally recognized association.  
(3)  Periodic Inspections - AST systems with impressed current cathodic protection systems must 
be inspected every 60 calendar days  to ensure that the equipment is running properly.  
(e)  Tanks that are not c athodically protected must be tested within 5 years after October 1, 1994; and 
once every two years thereafter by either;   
(1) An external visual inspection, that includes the bottom of the tank, for corrosion or other visible 
damage; or  
(2)  A leakage tes t of any type approved by the Director; or  
(3)  An internal inspection for corrosion or other visible damage; or  
(4)  Comply with some other alternative test for corrosion or leakage as specified by and 
approved by the Director in the future.   
3-3-3  Release Detection  
 (a)  General Requirements for all AST Systems.  
(1)  ASTs that are not in contact with the ground or any electrolyte that might cause corrosion of 
the tank must be visually inspected at least once per month by operating personnel to detect an y leakage from tank seams, connections, and fittings, including piping. Any such 
leakage must be repaired immediately and reported under the repair and reporting requirements of these regulations.  
(2)  ASTs, including metal supporting structures, that are in contact with the soil or that are in 
contact with an electrolyte that may promote corrosion of the tank must be inspected as 
in subsection (1) above and be protected from corrosion or tested periodically to prove 
that they are not seriously corroded, as  described in 3-3-2(e).  
(3)  AST system piping that is not in contact with the soil or with an electrolyte that might cause 
corrosion of the piping must be inspected at least once each month to detect leakage 
from pipe seams, connections, and fittings. Any such leakage that may exceed the 
reportable quantity (25 gallons) must be repaired immediately and reported as in Article 
4. 
(4)  Underground AST piping shall meet the release detection requirements in 2-3-4-3.  81 (i)  Pressurized piping described in 3 -2-1 (g)(1)(i ) shall meet the release detection 
requirements  (automatic leak detector and line tightness testing)  in 2-3-4-3(a), 
except that where there is no pump installed between the tank and underground 
piping, the requirement for an automatic line leak det ector in 2 -3-4-3(a)(1)  does 
not apply.  
(ii)  Suction piping described in 3 -2-1(g)(1)(A) shall meet the release detection 
requirements in 2 -3-4-3(b). 
(5)  Inventory control shall be performed and documented for all single- wall ASTs installed on 
earthen mate rials, and all ASTs connected to unde rground pressurized piping that is  not 
being monitored for releases in accordance with 2-3-4-3(a)(2)(ii). Accurate daily inventory 
records shall be maintained and reconciled for all applicable storage tanks.  
(b)  Releas e Detection for Secondary Containment Tanks  
Secondary Containment tanks that are installed without special drainage or diking according to 3 -3-1(b) 
or (c) must be visually inspected at least once each month to ensure that there has been no failure of the 
outer wall of the secondary containment tank. An interstitial liquid detector or some other positive means 
of leak detection must be installed to detect leaks from the inner wall of the tank; and operation of that 
leak detector must be verified at least monthly. A record of the inspection must be maintained [See § 3 -3-
5]. 
(c)  All AST system tank and piping fittings, connections, valves, auxiliary equipment that contains 
product, secondary containment areas, etc. must be maintained free of obstructions that would 
interfere with visual detection of leaks and spills.   
3-3-4  Testing and Compliance Inspections  
3-3-4-1  Testing  
(a)  Initial Testing 
(1)  All new ASTs shall be tested before they are placed in service in accordance with the 
requirements of the standard or code under which they were built.  
(i)  An AST marked with an approved listing is considered to be in compliance with this 
requirement, as the testing is part of the standard to which it was constructed. 
Tanks not marked with an approved listing shal l be tested before they are placed 
in service in accordance with recognized engineering standards.  
 (b)  Tightness Testing  
(1)  In addition to the initial testing of 3-3-4-1(a), all new and used tanks and connections shall be 
tested for tightness after ins tallation/reinstallation and before being placed in service in 
accordance with manufacturer instructions, or NFPA 30 “ Flammable and Combustible 
Liquids Code ”where no manufacturer instructions exist. This test shall be made at 
operating pressure with air, i nert gas, or water.  
(i)  Air pressure shall not be used to test tanks that contain flammable or combustible 
liquids or vapors.  
(ii)  Where the vertical length of the fill and vent pipes is such that, when filled with liquid, 
the static head imposed on the bottom of the AST exceeds a gauge pressure of 
10 psi, the tank and its related piping shall be tested hydrostatically to a pressure 
equal to the static head, using recognized engineering standards. Under no circumstances should the test pressure exceed the  design pressure of the AST.    82 3-3-4-2  Inspections  
(a)  All steel ASTs shall be inspected and maintained in accordance with STI SP001, “ Standard for the 
Inspection of Aboveground Storage Tanks ”, or API Standard 653, “ Tank Inspection, Repair, 
Alteration, and Reconstruction” , whichever is applicable.    
(b)  Monthly Visual Inspections  
The owner/operator must conduct visual inspections of the tank system each month and document the 
results of the inspection on a form provided by the Director or on an equivalent  form.  These 
monthly visual inspections satisfy the requirements described in 3 -3-3 (a)(1) through (3).  
(c)  Annual Visual Inspections  
(1)  Annual inspections of all steel ASTs shall be performed, documented, and retained according 
to the requirements of STI SP001  “Standard for the Inspection of Aboveground Storage 
Tanks ”. 
(i)  This inspection does not include ultrasonic testing (UT), and can be performed by an 
individual knowledgeable of storage facility operations, the type of AST and its 
associated components, and characteristics of the liquid stored.  
(ii)  Annual inspections shall be performed within 12 months after April 14, 2011, and 
during the same month in each year thereafter.  
(d)  Periodic Inspections  
(1)  External and internal inspections, and l eak testing, shall be performed and documented 
according to the requirements of the standard being followed.  
(i)  These inspections shall be performed by inspectors meeting the qualifications 
required by the standard being followed.  
(ii)  The applicability  and frequency of these inspections is determined by the AST type, 
capacity, type of installation, corrosion rate, inspection history, and standard 
being followed according to guidance provided by OPS . 
(iii)  For any new or used AST being installed, and al l existing ASTs, the first inspections 
and testing required by this subsection are due as indicated in Table 8 below.  
[Note:   For Table 8, inspection frequency shall be determined based on the requirements in the selected 
inspection standard listed in (c)( 1).] Formatted:  Font:  Not Italic
Formatted:  Font:  Not Italic 83  
TABLE 8  First External and Internal Inspections, and Leak Testing Due 
Type of 
AST Age of AST  Previous inspections 
conducted?  Re-inspection due 
date is exceeded ?  The inspection is due  AST Installations  New at the time of installation is new  No N/A when the age of the AST = the  inspection 
frequency  
Used  at the time of installation is ≤ the 
inspection frequency  Yes Yes before installation ** 
Used  at the time of installation is ≤ the 
inspection frequency                   Yes **  No re-inspect per subsection (iv) below  
Used  at the time of installation is ≤ the 
inspection frequency  No N/A when the age of the AST = the  inspection 
frequency  
Used  at the time of installation is > the 
inspection frequency  Yes Yes before installation ** 
Used  at the time of installation is > the 
inspection frequency                   Yes **  No re-inspect pe r subsection (iv) below  
Used  at the time of installation is > the 
inspection frequency  No N/A before installation ** 
Existing  on 10/14/2012 is ≤ the 
inspection frequency  Yes Yes before 10/14/2012  
Existing  on 10/14/2012 is ≤ the 
inspection frequency  Yes No re-inspect per subsection (iv) below  
Existing  on 10/14/2012 is ≤ the 
inspection frequency  No N/A when the age of the AST = the  inspection 
frequency  
Existing  on 10/14/2012 is > the 
inspection frequency  Yes Yes before 10/14/2012  
Existing  on 10/14/2012 is > the 
inspection frequency  Yes No re-inspect per subsection (iv) below  
Existing  on 10/14/2012 is > the 
inspection frequency  No N/A before  10/14/2012  
 
**A copy of the inspection report must be included with the installation application required by 3 -2-3(a) . 
(iv)  Re -inspection of all ASTs shall occur in the same month as the previous inspection, 
during the next inspection year established by the applicable inspection 
frequency.  
(e)  The Director shall have authority to enter in or upon the premises of any facility that contains an AST 
system containing a regulated substance, for the purpose of verifying that such AST system and 
its required records are in compliance with these regulations.   
3-3-5  Record Keeping  
(a)  Owners/operators must maintain the following records for an AST site as applicable:  
(1)  Installation permits for newly installed tanks, reinstalled used tanks or permits for upg rading 
existing tanks must be maintained for 5 years.  
(2)  Tank registration records or record of facility ID number retained until closure.  
(3)  Records of repairs that have been performed within the last 5 years.  
(4)  Monthly and annual visual inspection records of the AST system must be kept for one year.  
Formal inspection reports and supporting documents shall be retained for the life of the 
tank.  
(5)  Most recent underground piping precision test records must be maintained.  
(6)  Records showing the hi story of each AST in terms of which Class and type of product has 
been stored in that tank, shall be maintained for at least one year.  
(7)  Electronic/mechanical tank gauge calibration documentation required by 3- 3-1(a)(2)(i ) must 
be kept for one year.   84 (8)  Tank ullage documentation required by 3 -3-1(a)(4)(ii)(A ) must be kept for one year.  
(9)  Inventory control records required by 3- 3-3(a)(5) must be kept for one year.  
(10)  Free product removal records must be maintained to document proper operation follo wing 
any release of product within the last five years.  
(11)  Records showing the changes in status of tanks that have been temporarily closed at times 
then returned to service, should be maintained for at least two (2) years. Records need 
not be kept for tanks that have been permanently closed.  
(12)  Records of the operation of the cathodic protection system including results of 60 -day 
inspection as required in 3 -3-2 (d)(3).  
(b)  Records must be maintained at the AST site and immediately available for ins pection by the Director; 
or at a readily available alternative site and be provided for inspection within 24 hours to the 
Director upon request.  
(c)  Notwithstanding the above, to be eligible for the Fund, persons may be required to maintain the 
above or other records in accordance with Fund requirements.    
Section 3- 4  Closure of AST Systems 
3-4-1  Temporary Closure  
(a)  Owners/operators shall notify the Director in writing at least 10 calendar days prior to placing an AST 
system in temporary closure, and at that same time submit records documenting the prior 12 
months of monthly visual inspections, inventory control, ullage records, piping release detection 
records, and corrosion protection testing (if applicable) for tanks and piping. In lieu of submitting 
these records, the owner/operator may conduct a tightness test of the tanks and underground 
piping, and complete a site assessment as required by the Director , and submit these results with 
the temporary closure notification.   
(b)  Temporarily closed tan ks must be emptied of liquid, rendered vapor free and safeguarded against 
trespassing by means of locked gates, fences etc.   When an AST system is temporarily closed, 
owners/operators must continue the operation, maintenance, inspection, and testing of cor rosion 
protection in accordance with these regulations. Because the tanks must be emptied, release 
detection is not required.  
(c)  When an AST system is temporarily closed,  vent lines must be left open and functioning.  If the 
temporary closure period is 3 months or more, all pumps, manways, ancillary equipment and 
lines other than vent lines must be capped and secured, unless an alternate schedule is 
approved by the Director.   
(d)  When an AST system is temporarily closed for more than 12 months, owners/operators must 
permanently close the AST system in accordance with 3- 4-2, unless the Director provides a 
written extension of the 12 -month temporary closure period. Before requesting this extension, 
owners/operators must complete a site assessment as require d by the Director.   
(e)  Owner/operators shall notify the Director in writing no more than 30 calendar days prior to placing an 
AST back in service, and at that same time submit corrosion protection records (if applicable) for the period of temporary closure, and documentation of passing tightness tests for the AST 
conducted within the past 30 calendar days.  The owner/ operator shall obtain passing tightness 
tests for underground lines immediately upon introduction of fuel into the lines and submit 
document ation of testing to the Director within 10 calendar days.   85 (f)  If an owner/operator operates a facility which has a specific period of time or season during the year 
when the tank system is empty, as described in (b) of this section, the requirements for 
maintaining corrosion protection and the following requirements below will apply:   
(1)  The owner/operator shall notify the Director that the facility does include seasonal operation 
on a form provided by the Director.  If this information changes, the owner/operator shall complete and submit the form to the Director.  
(2)  The period may not exceed 6 consecutive months.  
(3)  The owner/operator shall maintain manifest documentation completed during emptying of the 
tank.  
(4)  At the end of the seasonal period, the owner/operator must conduct one of the following 
actions : 
(i)  R eturn the tank  to service.  
(ii)  Place the tank  into proper temporary closure.  The owner/operator must notify the 
Director in writing within 10 calendar days, submit records according to (a) as 
applicable and complete requirements in ( c) immediately.  
(iii)  Per manently close the tank  as required by 3 -4-2. 
3-4-2  Permanent Closure  
(a)  Owners/operators shall notify the Director in writing at least 10 calendar days prior to placing an AST  
system in permanent closure, and at that same time submit records documenting the prior 12 months of monthly visual inspections, inventory control, ullage records, piping release detection 
records, and corrosion protection testing (if applicable) for tank s and piping.  
Exception:  Records do not need to be submitted where they have already been submitted  as 
part of placing the tank into temporary closure as required by 3 -4-1. 
(b)  Empty and clean the tank by removing all liquids and accumulated sludges  as described in 3 -4-5; and  
(c)  Clean out and plug both ends of all connected piping; and  
(d)  Remove all dispensers; and  
(e)  Render all connected loading facilities completely inoperative; and  
(f)  Safeguard the AST system from trespassing as described in 3 -4-1, or remove the tanks from the 
facility; and  
3-4-3  Change in Service  
 (a)  Continued use of an AST system to store a substance other than a regulated substance is 
considered a change -in-service. Before a change -in-service, owners/operators must empty and 
clean the tank, connected piping, and any other equipment that previously contained a regulated 
substance as described in 3- 4-5; then notify the Director in writing of the change of service.   
3-4-4  Site Assessment  
 (a)  Before an extension to temporary  closure, permanent closure or a change -in-service is completed, or 
upon request by the Director for previously closed sites, owners/operators must measure for the 
presence of a release where contamination is most li kely to be present at the site.   In selecting 
sample types, sample locations, and measurement methods, owners/operators must consider the  86 method of closure, the nature of the stored substance, the depth to groundwater, and other 
factors appropriate for identifying the presence of a release.   
(1)  For assessments when the tank system is removed during permanent closure , the 
owner/operator must collect soil samples from beneath each tank, beneath each dispenser island, beneath areas of piping, and beneath any loading racks.  
(2)  For assessments whe n the tank system is left in- place during permanent closure , prior to 
placing the tank into temporary closure,  or when there is a change -in-service, the 
owner/operator shall collect samples of the type and at locations as specified by the 
Director .  Samples collected at all sites must be analyzed for individual chemicals of 
concern (COC) as described in 5 -2. 
(b)  If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered, 
owners/operators must report a release in acc ordance with  Article 4 . 
(c)  If the tank closure assessment does not identify a release, the owner/operator must submit 
documentation of the assessment to the Director within 30 calendar days of the tank closure.   
[Note 1: Permanently closed or non -regulat ed ASTs may be returned to active regulated 
substance service only after meeting the reinstallation rules described in 3- 2-3(d).]  
[Note 2: These closure rules are the minimum required in Colorado; they do not preempt local fire 
district rules, local buildi ng codes, or local zoning rules. In fire districts where the Uniform Fire 
Code is in effect, the fire district may require that temporarily closed ASTs be removed or 
demolished.]   
[Note 3:  The following procedures may be used to comply with 3 -4: 
(A)  American Petroleum Institute Standard 2015, Requirements for Safe Entry and Cleaning of 
Petroleum Storage Tanks Publication 2015," Cleaning Petroleum Storage Tanks"  ; 
 (B)  American Petroleum Institute Publ. 2015A, "Lead Hazard Associated with Tank Entry"  ; 
(C)  American Petroleum Institute 2015B ,"Cleaning Open Top and Floating Roof Tanks"  ; 
(BD)  National Institute for Occupational Safety and Health "Criteria for a Recommended 
Standard...Working in Confined Space"   may be used as guidance for conducting safe 
closures.]  
3-4-5  Waste Handling  
(a)  All liquids and accumulated sludges  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 the Colorado Department of Public Health and Environment.  
Section 3- 5  Oil Pollution Prevention -  SPCC Plan  
The US EPA’s SPCC rule regulates non -transportation -related onshore and offshore facilities that could 
reasonably be expected to discharge oil into navigable waters of the United States or adjoining 
shorelines. It is the responsibility of the facility owner/operator to make the determination whether the 
facility is subject to the requirements of the SPCC rule. This determination is subject to review by the EPA’s Regional Administrator.  All requests for information regarding SPCC should be directed to the US 
EPA.  
Compliance with the US EPA’s SPCC rule is required.  Documentation used to demonstrate compliance 
with the US EPA’s SPCC rule may be used to demonstrate compl iance with this section.
  87 ARTICLE 4 RELEASE ID ENTIFICATION AND REP ORTING  
Section 4-1  Suspected Releases 
 
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 facsimile (303 -318-8546).  If outside normal 
working hours or on a weekend and emergency assistance is needed, call the emergency response 
number (877-518-5608 ) at the Colorado Department of Public Health and Environment : 
(a)  A failed line or tank tightness test.  
(b)  Unusual operating conditions such as the erratic behavior of product dispensing equipment .  
(c)  T he presence of water in the tank  if investigation results indicate the UST system is not liquid tight .  
(d)  Inventory loss as indicated by the release detection method (unless the release detection equipment 
is found to be defective, is immediately repaired, and the correctly operating release detection 
equipment does not identify a loss of fuel).  
(e)  Inconclusive or failed SIR res ults that are not overturned by the third- party SIR vendor within 24 hours  
of the receipt of the report from the vendor . 
(f)  Identification of a regulated substance in secondary containment : 
(1)  U nder dispenser container (UDC) , sump containments , tank or  line interstitial space, when 
that regulated substance is in contact with a penetration point or damage (crack) to containment equipment.  
(2)  Spill prevention devices (spill bucket), when that regulated substance is in contact with a 
damaged portion of t he device, or when damage to the bottom of the device is identified 
and the device is free of liquid.   
(g)  The discovery of released regulated substances at the site or in the surrounding area, such as the 
presence of contamination, free phase hydrocarbons, or vapors in soils, basements or utility lines, or the presence of contamination in surface, ground, well or drinking water when the source of the 
contamination is not known.  
Section 4- 2  Response to Suspected Releases  
 In response to a suspected releas e, the owner/operator shall :  
(a)  Perform a system test that determines whether a leak exists in that portion of the tank  system  that 
routinely contains product  (i.e. tanks and attached delivery piping) or secondary containment 
devices ( e.g. under dispens er containment ) that  is suspected of releasing regulated substance.  
Further investigation is not required if the test results for the system, tank, and delivery piping do 
not indicate that a leak exists and if environmental contamination is not the basis for suspecting a 
release.  All system test results shall  be submitted to the Director within 10 calendar  days of the 
suspected release.  If the system test has  a failed result, a site check must be performed 
according to ( b) of this section.   
(b)  Perform a site check, if stained soils, soils with petroleum odors, or field screening readings is the 
basis for suspecting a release (4-1(g)).  Owner/operators must collect soil and groundwater 
samples for laboratory analysis  as described in 5- 2(a).  These samples must be collected from 
appropriate locations  and depths  in the vicinity of the suspected source(s) (i.e. tanks, lines, 
dispensers) to determine if a release to the environment has occurred .  All site check results shall 
be submitted to the Director  within 30 calendar  days of the suspected release.    88 Section 4-3  Confirmed Releases 
 
The following conditions require reporting of a confirmed release to the Director  within 24 hours by 
telephone (303 -318-8547) or facsimile (303 -318-8546).  If outside normal wor king hours or on a weekend 
and emergency assistance is needed, call the emergency response number ( 877-518-5608 ) at the 
Colorado Department of Public Health and Environment . 
(a)  The site check or other sample analyses indicate a release (any detection of any chemical(s) of 
concern) , 
(b)  A released regulated substances at the site or in the surrounding area is observed, such as the 
presence of fuel outside of the storage tank system, identification of contamination during routine 
inspections, system repair s, installation, replacement or other sub -pavement work, the presence 
of contamination, free phase hydrocarbons or vapors in soils, basements  or utility lines , or the 
presence of contamination in surface, ground, well or drinking water when the source of t he 
contamination is known to be the owner/ operator ’s UST or AST system , or  
(c)  If a fuel spill or overfill of regulated substance of any volume is not cleaned up within 24 hours or if a 
fuel spill or overfill of regulated substance that exceeds 25 gallons is observed . 
[Note: Pursuant to 40 CFR § 302.6 and 355.40, a release of a hazardous substance equal to or in excess 
of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National 
Response Center under S ections 102 and 10 3 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Title III of the 
Superfund Amendments and Reauthorization Act of 1986.]   89 ARTICLE 5  RELEASE R ESPONSE  
Secti on 5- 1  Response to Confirmed Releases 
The owner/operator of a regulated substance system shall, in response to a confirmed release, comply 
with the requirements of these regulations, which incorporate a risk -based corrective action (RBCA) 
approach. Any wo rk performed or required under these regulations does not automatically qualify the 
owner/operator for reimbursement from the Petroleum Storage Tank Fund (PSTF). The obligation of the 
owner/operator responsible for the release remains with that owner/operator in the event that the tank 
system and/or property changes ownership.    
5-1-1  Acute human health hazards  
Upon discovery of a regulated substance on ground surface or surface water, or if  a regulated substance 
has the potential to create a fire, explosi on or acute health hazard, emergency response action shall  be 
initiated immediately.   
 
The owner/operator responsible for the release shall:  
(a) Identify and mitigate fire, explosion, vapor and acute health hazards by contacting the local fire 
department or other first -responder and conducting other mitigation activities as capability allows;  
(b) Identify and mitigate impacts to water supply wells, supply lines or surface intake;  
(c) Initiate containment and removal of any free -phase hydrocarbons observed on the grou nd 
surface or surface water body ; and  
(d) Report identification of either (a), (b) or (c) of this subsection to OPS within 24 hours of discovery.  
5-1-2  Chronic and secondary human health hazards and other environmental impacts  
After abatement of any acute hum an health hazards, the owner/operator responsible for the release shall : 
(a)  Take action to prevent any further release into the environment;  
(b) Identify the source of the release and repair , replace or upgrade the portion of the petroleum 
storage tank  system th at failed;  
(c) Monitor and mitigate any health hazards posed by vapors or free -phase hydrocarbons that have 
entered into subsurface structures (such as sewers or basements); and  
(d) Remedy hazards posed by contaminated media that are excavated or exposed as a result of abatement activities. The owner/operator must comply with applicable state and local 
requirements if these remedies include treatment or disposal of contaminated media.
 
Section 5- 2  Site Characterization 
The purpose of site characterization is to define the extent of  source  area(s)  of the release, determine the 
distribution of contamination in the subsurface, determine if POEs are impacted or potentially impacted, 
evaluate all exposure pathways and determine whether active remediation is necessary . Site 
characterization results must be submitted to OPS within 180 days  of the release discovery in the report 
format provided on the OPS website.   
Upon confirmation of a release and completion of emergency response, the owner/operator shall 
complete the fol lowing tasks.   90 (a) Define the extent of the source area(s ) and determine the distribution and extent of sorbed, 
dissolved, vapor and free -phase contamination.  Access must be obtained to off -site properties, 
including rights -of-way, if the extent of contaminati on extends beyond the release property 
boundary .  
 
(1) Collect environmental samples  to define the extent of contamination in the subsurface.  
Groundwater must be assessed unless there is reason to believe that it is not impacted and 
with the concurrence of the  Director.  
 
(2) Laboratory analysis of samples shall be as follows .  
 
(i) Soil samples:  
 
(A) Benzene, toluene, ethyl benzene, xylenes (BTEX);  
 
(B) The appropriate range(s) of total petroleum hydrocarbons (TPH );  
 
(C) Priority  poly-nuclear aromatic hydrocarbons (PAHs) must b e analyzed for 
from the sample with the highest TPH concentration if TPH exceeds the Tier 
I screening level of 500 mg/ kg; and  
 
(D) Other petroleum fuel additives or petroleum compounds that are suspected 
to have been released.  
 
(ii) Groundwater samples:  
 
(A) BTEX , meth yl tertiary -butyl ether (MTBE);  
 
(B) The appropriate range(s) of TPH ; and  
 
(C) Other petroleum fuel additives or regulated compounds that are suspected to 
have been released.  
 
(iii) Soil vapor samples:  
 
(A) Benzene.  
 
(3) Identify all concentrations relative to the Tier I risk -based screening levels ( RBSLs ) listed 
in Table 5 -1. 
 
Table 5 -1.  Tier I RBSLs.  
 
Media  Complete 
Exposure  
Pathway   
Benzene   
Toluene   
Ethyl -
benzene   
Xylenes   
MTBE  
 
Surficial  
Soil 
[mg/kg]   
Ingestion/  
Dermal/  
Inhalation   
2.8  
4,000   
2,100  10,000  N/A 
 
Subsurfa ce  
Soil 
[mg/kg]   
Leachate to  
Groundwater  
Ingestion   
 
0.26  
140  
190 >Sat* or  
260**  N/A 
 
Soil 
Vapor  
[µg/m3]  
Indoor Air  
Inhalation   
2,900   
>VP  
>VP >VP N/A  91  
 
 
Groundwater  
[mg/l]   
Indoor Air  
Inhalation   
0.016   
10  
26 2.9 N/A 
 
Groundwater  
Ingestion   
 
0.005  
 
1.0 
  
0.7 10* or 
1.4** 0.020 
> VP  Denotes that even at a concentration equal to the vapor pressure of the chemical, a hazard quotient of 1 is not 
exceeded.  
> Sat   Denotes that even at a concentration equal to the saturation of the chemical, a hazard quotient of 1 is not 
exceeded.  
N/A  Not applicable. No established RBSL.  
*  This RBSL will be in effect for releases that occurred prior to September 14, 2004.  
**  This RBSL will be in effect for releases that occurred on or after September 14, 2004 
 
 
(b) Collect site -specific geologic and hydro -geologic data.  
 
(1) Determine the predominant lithology in the unsaturated and saturated zones;  
 
(2) Determine the depth to water, hydraulic gradient and groundwater flow direction;.  
 
(3) Determine the site -specific hydraulic conductivity ; and  
 
(4) Evaluate other  geologic conditions that influence groundwater flow . 
(c) Evaluate all exposure pathways and identify  impacted or potentially impacted POEs . 
 
(d) Calculate Tier II site- specific target levels  (SSTLs) for on -site contamination.  
 
(e) Develop a Conceptual Site Model (CSM).  
 
(f) Evaluate the need for active remediation.  
Section 5- 3  Corrective Action 
The owner/operator shall develop and implement a Corrective Action Plan (CAP)  based on the need for  
remediation identified during Site Characterization . The purpose of the CAP is to develop an approach to 
reach cleanup goals of less than Tier I  RBSLs at the impacted POEs and to Tier II SSTLs on- site and 
calculate the time frame to achieve the cleanup goals.  A completed CAP report must be submitted to 
OPS within one year of the release discovery date in the report format provided on the OPS website. 
Proposed scope of work costs must be presented if the release event is eligible for reimbursement from 
the PSTF.      
 
(a)  If active remedial action is not warra nted, the owner/operator shall:  
(1) Calculate the time frame to achieve the remediation goals utilizing site- specific natural 
attenuation rates;  
(2)  Present milestones to evaluate the natural attenuation progress; and  
(3) Present a monitoring and reporting schedule.  
 
(b) If active remedial action is warranted, the owner/operator shall:  
(1) Define remedial objectives, identify targeted treatment areas, perform a remedial 
technology evaluation, and select  a technically and economically feasible remedial approach.   92 (2) Identify and c ollect critical data needs (e.g., pilot testing) for the selected remedy(s).  
(3) Prepare a full -scale remediation design;  
(4) Calculate the time frame to achieve the remediation objectives ; 
(5) Present an implementation schedule;  
(6) Present milestones to evaluate remediation progress; and  
(7) Present a monitoring and reporting schedule.  
(c)  The owner/operator must implement the CAP immediately  in accordance with the 
implementation schedule of the approved CAP , or as directed by the Director.  The 
owner/operator must report the results of CAP implementation in accordance with a schedule and 
in a format approved by the Director. Any deviation from the approved CAP, including schedule 
revisions, must be approved by the Director.  
(d) For each confirmed release that requires a corrective a ction plan, OPS will make relevant records 
available to the public by means of our Public Record Center .  
Section 5- 4  No Further Action Request  
The owner/operator may request No Further Action (NFA) for a release when the owner/operator can 
demonstrate that contamination is at concentrations that are protective of human health and the 
environment at  all POE(s) and that data collected confirms no future risk according to the RBCA process .  
NFA can be requested under Tier I and Tier II closure criteria at any time when the conditions are met.  
Tier III and Tier IV closure criteria will only be considered after corrective action measures have been 
implemented, contamination has been removed to the maximum extent practicable and all other closure 
conditions are met. 
An NFA determination will be based on the empirical data provided, fate and transport modeling, current 
property use and exposure to known contamination. The release event may be re- opened if subsequent 
information indicates a change in exposure scen arios.  OPS cannot release the owner or operator from 
any liability that may be associated with any contamination at or from this site.   
In order to reduce the potential for risk of exposure to contamination, the owner/operator must contact 
OPS  immediately  if the function of the property is modified for a different use and the new use does not 
include dispensing of petroleum products.  
ARTICLE 6  ENFORCEMENT  
Section 6-1  Enforcement Program  
The Director  provides these regulations to assist owner s/operators w ith safe and proper operation of 
regulated storage tank systems.  When a facility is found to be out of compliance with these regulations  (7 
C.C.R. § 1101 -14) and/or statutes (C.R.S. § 8- 20 and 8- 20.5) , the Director  will pursue enforcement 
actions against the owner/operator.   The enforcement process will include requiring the owner/operator to 
make repairs  and/or  upgrades, perform system tests, keep record s, and other actions to bring the facility 
back into compliance.  During and following the enforcement process, the Director  will continue to assist 
the owner/operator to remain in compliance.  The enforcement process may include monetary penalties up to five thousand dollars ($5,000) per tank per day according to statute (C.R.S. § 8 -20.5-107) if the 
enforc ement obligations are not implemented according to the required schedule.  Additionally, reductions 
to reimbursement amounts may be applied in accordance with Article 8.   93  
6-1-1  Notice of Violation  
(a)  The Director may issue a Notice of Violation (NOV) wh en an owner/operator does not fully respond to 
actions as required by the Director:   
(1)  Request for records.  
(2)  Requested actions as indicated by Director’s  inspector . 
(3)  Request for reports or information regarding release identification or response.  
(b)  The Director may issue a NOV upon the discovery of a significant violation that poses an imminent 
threat to human health or safety or  to the environment.  
(c)  Within ten (10) working days after a NOV has been issued, the owner/operator may file a w ritten 
request with the Division Director for an informal conference regarding the NOV.  If the 
owner/operator does not request an informal conference within this time frame, all provisions of 
the NOV shall become final and not subject to further discussion.  If the NOV is not resolved 
within the time frame prescribed in the NOV , the Division Director may seek judicial enforcement 
of the NOV, or an Enforcement Order may be issued.  
 
6-1-2  Enforcement Order  
(a)  An Enforcement Order may be issued when the vi olations included within a NOV or Settlement 
Agreement are not resolved within the prescribed time frame.  The Enforcement Order may  
include increased fines up to five thousand dollars ($5,000) per tank for each day of violation.  In 
addition, the Enforcem ent Order may include Delivery Prohibition (Section 6 -2). 
(b)  Within ten (10) working days after an Enforcement Order has been issued, the owner/operator may 
file a written request with the Executive Director (or designee) for an informal conference 
regar ding the Enforcement Order.  If the owner/operator does not request an informal conference 
within this time -frame, all provisions of the Enforcement Order shall become final and not subject 
to further discussion.  If the Enforcement Order is not resolved w ithin the prescribed time frame, 
the Director may then seek judicial enforcement of the Enforcement Order.  
 6-1-3  Informal Conference  
(a)  Upon receipt of the request, the Director shall provide the owner/operator with notice of the date, time 
and place of the informal conference.  The Director shall preside at the informal conference, 
during which the owner/operator and OPS personnel may present information and arguments 
regarding the allegations and requirements of the NOV or the Enforcement Order.  
(b)  Within twenty working days after the informal conference, the Director shall issue a Settlement 
Agreement in which the issues from the NOV and/or Enforcement Order will be upheld, modified 
or stricken.  The Settlement Agreement will include a schedule of r equired activity for resolution of 
the violations.  If the terms and/or schedule in the Settlement Agreement are not satisfied, either 
an Enforcement Order will be issued, re -issued, or the Director may seek judicial enforcement.  
(c)  The Settlement Agreem ent issued by the Director may be appealed within twenty working days to the 
Executive Director of the department. The E xecutive Director may either conduct the hearing 
personally or appoint an administrative law judge from the office of administrative courts in the 
department of personnel to conduct the hearing.    94 Section   6-2 Underground Storage Tank Delivery Prohibition  
Delivery prohibition is an enforcement action prohibiting the delivery, deposit, or acceptance of product to 
an UST that has been determ ined by OPS to be ineligible for such delivery, deposit, or acceptance. For 
purposes of this section, the term “UST” means those tanks that satisfy the definition of UST in C.R.S.  §8-
20.5-101, except for those tanks identified in §8-20.5- 101 17(b) and as d efined in 2-1-1(b) as excluded or 
deferred storage tanks. These requirements apply to regulated substance USTs.  OPS will prohibit 
delivery, deposit, or acceptance of product on an individual UST basis, instead of to every UST at a 
facility , except if warr anted.  
UST owners/operators and product deliverers are responsible for not delivering, depositing, or accepting 
product to a UST identified by OPS as ineligible to receive product.   
 
6-2-1  Criteria for Delivery Prohibition   
 
(a)  Field Inspection: OPS shall prohibit delivery, deposit, or acceptance of product during an inspection if 
any of the following conditions exist . 
(1)  Required spill prevention equipment is not installed or functional . 
(2)  Required overfill protection equipment is not installed, or  functional . 
(3)  Required leak detection equipment is not installed, or functional . 
(4)  Required corrosion protection equipment is not installed or functional . 
(5)  Failure to register or maintain current registration on an UST.  
(6)  Upon the discovery of a significant violation that poses an imminent threat to human health or 
safety or the environment. In addition to delivery prohibition, OPS may also require the 
removal of product from the tank :  
(b)  Enforcement Notice: OPS shall prohibit delivery, deposit, or acceptance of product if the 
owner/operator of that tank has been issued a written warning or citation (Settlement Agreement 
or Notice of Violation per  C.R.S.  § 8-20.5-107) under any of the following circumstances and the 
owner/operator has failed to take corrective action within the requested time frame.  
(1)  Inability to demonstrate proper operation and/or maintenance of leak detection equipment . 
(2)  Inability to demonstrate proper operation and/or maintenance of spill, overfill, or corrosion  
protection equipment . 
(3)  Discovery of a significant violation that poses an imminent threat to human health or safety , 
or to the environment. In addition to delivery prohibition, OPS may also require the 
removal of product from the tank.  
 
6-2-2  Red Tag M echanisms Used to Identify Ineligible USTs    
Upon determination that any of the criteria for delivery prohibition have been met , including the discovery 
of a significant violation that poses an imminent threat to human health or safety or the environment, OPS 
will attach a red tag to each fill pipe of the ineligible UST clearly identifying the tank as ineligible for 
delivery, deposit, or acceptance of product. Before affixing a red tag to the fill pipe of an UST system, OPS shall document the level of stored product in the tank.  
(a)  The red tag will be attached to the fill pipe using a tamper -resistant wire seal so that the tag is visible 
to any person attempting to deliver a regulated substance to the UST.   95 (b)  The tag shall be red in color and made of plastic or other durable and damage resistant material  and 
shall bear the following information:  
(1)  The following wording, printed in white at the top of the tag in all capital letters in at least 36 
point bold- faced type: "DELIVERY PROHIBITED!"  
(2)  The following wording, printed in white below the wording described in s ubsection (b)(1) in at 
least 16 point type: "Delivering a regulated substance, or removing, defacing, altering, or 
otherwise tampering with this tag may result in civil penalties of up to $5000 per day."  
(3)  Printed below the wording described in s ubsection (b)(2), the following wording in at least 16 
point type: "If you have questions call OPS (303)  318-8547"  
(4)  Following the wording described above, there shall be a blank area at least 1/2 inch wide by 
four inches long in which the OPS inspector shall , at the time of placement,  write legibly 
in permanent ink the date, facility identification number, product type, and the inspector’s 
initials.  
No owner or operator of a facility or delivery  person may deposit or allow the deposit of a regulated 
substance into an UST system that has a red tag affixed to the system's fill pipe. Unless authorized by 
OPS, no person shall remove, deface, alter, or otherwise tamper with a red tag such that the inf ormation 
contained on the tag is not legible.  
 
6-2-3  Notification Processes For UST Owners/Operators and Product Deliverers   
 
(a)  Immediately after affixing a red tag, OPS shall notify the operator, if present on site, of the significant 
violation(s) for  which the red tag was issued, along with a written r eport  noting the violations.  
OPS shall also request current owner/operator contact information for future notifications.  
 
(b)  Within 24 hours of affixing a red tag, OPS shall notify the owner in writi ng of the significant violation(s) 
for which the red tag was issued.  
 
(c)  Within 24 hours of affixing a red tag, OPS shall add the red tagged tank(s) to the OPS website list of 
facilities that have delivery prohibitions.   
 (d)  If a permit is required by  OPS in order to correct one or more significant violations identified, OPS 
shall, to the extent feasible, expedite its review and issuance of such permit(s).  
 
6-2-4  Reclassifying Ineligible UST s as Eligible to Receive Product  
 
(a)  Upon notification by  the owner or operator documenting to the satisfaction of OPS that there was not 
a significant violation or the significant violation has been corrected, or an emergency condition as described in 6 -2-6 exists, OPS shall provide verbal and written authorization to the owner or 
operator to remove the red tag. If OPS disputes the notification provided by the owner or 
operator, then the procedural provisions of C.R.S. § 8-20.5-107 shall apply,  except that the 
owner/operator may request and be entitled to an inf ormal conference with the Director within 
three working days.   A delivery prohibition required by a red tag shall remain in effect during the 
time that the procedural provisions of C.R.S. § 8 -20.5-107 are invoked, unless the owner or 
operator requests and the Director grants a stay of the effect of the red tag.   
 
(b)  By close of business (5pm) on that same day , OPS will also remove that tank from the OPS website 
list of facilities that have delivery prohibitions.    
 (c)  OPS may inspect the UST system wi thin five working days of notification to determine whether the 
system continues to be in significant violation, regardless of whether it has authorized removal of 
the red tag by the owner or operator. If, upon inspection, OPS determines that the system is  no  96 longer in significant violation and it has not already authorized removal of the red tag, OPS shall 
immediately remove the red tag.  
 
(d)  Upon removing a red tag from an UST system, OPS shall document the level of stored product in the 
tank. If the own er or operator removes a red tag pursuant to written authorization by the field 
inspector, the owner or operator shall document the level of stored product in the tank 
immediately after removing the red tag.  
 
(e)  A red tag that has been removed by the owner or operator shall be returned to the OPS within five 
working days, or sooner if requested by the field inspector.  
 
6-2-5  Delivery Prohibition Deferral in Rural and Remote Areas   
 
OPS may decide not to identify an UST as ineligible for delivery, deposit , or acceptance of product if such 
a prohibition would jeopardize the availability of, or access to, motor fuel in any rural and remote areas.  
However, OPS shall only defer application of delivery prohibition for 30 calendar days after determining 
that an UST is ineligible for delivery, deposit, or acceptance of product.  
 
6-2-6  Delivery Prohibition Deferral in Emergency Situations   
 
In emergency situations, the Director may decide not to identify an UST as ineligible for delivery, deposit, 
or acceptance of product if such a prohibition is not in the best interest of the public, even in the cases of 
significant and/or sustained noncompliance.  In such emergency situations, OPS shall only defer application of delivery prohibition for up to 180 calendar days after determining an UST is ineligible for 
delivery, deposit, or acceptance of product.  
 
6-2-7  Removal of Red Tag from Emergency Generator Tank Systems  
 
OPS may remove or authorize the removal of a red tag from an emergency generator tank system before 
a significant violation has been corrected if OPS determines that an emergency situation exists requiring 
operation of the system and the delivery of petroleum is necessary for the continued operation of the system during the emergency.   97 ARTICLE 7 FINANCIAL  RESPONSIBILITY REQUIREMENTS FOR 
OWNERS/OPERATORS OF PETROLEUM UNDERGROUND STORAGE TANKS  
Section 7-1  Applicability  
(a)  Owners and operators of petroleum underground storage tanks are required to demonstrate 
compliance with the financial responsibility (F R) requirements in federal regulations by any of the 
mechanisms described in 40 CFR 280.94 through 280.103.  Per C.R.S.  § 8-20.5- 206, FR is 
required for underground storage tanks.  Per C.R.S. § 8 -20.5-303, FR is also required for 
aboveground storage tanks  (ASTs) in Colorado  Per the June 2015 revision of EPA regulations, 
airport hydrant fuel distribution systems, UST systems with field constructed tanks, and UST 
systems that store fuel solely for use by emergency power generators must also demonstrate FR.  
Approved mechanisms per these Colorado regulations are described later in this article.   FR is 
intended to ensure that adequate monies are available in the event of an accidental release from 
a petroleum storage tank system to provide for cleanup of the rel ease (corrective action) and to 
potentially compensate impacted third parties for bodily injury and property damage resulting from 
the release.  According to 40 CFR 280.93, the amount of FR required ranges from $500,000 up to 
$2 million depending on the ty pe of facility, monthly throughput of petroleum product and number 
of tanks. If an owner or operator cannot  meet the required deductible amounts listed in Article 8, 
another FR mechanism must be identified and obtained in order for the owner or operator to remain in compliance and continue operation of the storage tank system.  
(b)  This  FR requirement applies to the following:   
(1)  Owners/operators of all petroleum UST and AST systems except as otherwise provided in 
this section.   
(2)  If the owner and operator of a petroleum UST are separate persons, only one person is 
required to demonstrate FR ; however, both persons are jointly liable for release cleanup 
and third -party damages, if neither person complies with Article 7.  
(c)  This FR  requirement does not  apply to the following:   
(1)  State and federal government entities whose debts and liabilities are the debts and liabilities 
of a state or the United States . 
(2)  Owners/operators of any UST system described in 2-1 or AST systems described in 3- 1. 
 
Secti on 7-2  Financial Responsibility Mechanisms  
Mechanisms to satisfy FR  as described in 7 -1 are listed below:  
(a)  40 CFR Part 280.101 designates state funds as an approved mechanism.  The Colorado Petroleum 
Storage Tank Fund , referred to in this section as t he “Fund”, is an EPA approved Fund to provide 
FR to tank owners and operators in the State of Colorado.  Moneys in the Fund, created pursuant to C.R.S. Section 8-20.5- 103, may be used by certain owners and operators of petroleum storage 
tanks to demonstrat e their compliance with the FR requirements in federal regulations.  
(b)  Owners and operators not eligible for access to the Fund shall be solely responsible for securing 
independent financial assistance, but may use any federally approved financial assur ance 
mechanism identified in 40 C.F.R. 280.94 through 280.103 to help fund the cost of complying with 
such requirements.  These federally approved mechanisms are as follows .   
(1)  Financial Test of Self -Insurance.    98 (i)  An owner/operator may satisfy the r equirements of C.R.S. § 8 -20.5-206 and § 8-20.5-
303 by passing a financial test as specified in this section. To pass the financial 
test of self -insurance, the owner/operator’s net worth must be based on year -end 
financial statements for the latest fiscal year.  
(ii)  The fiscal year -end financial statements of the owner/operator must be examined by 
an independent certified public accountant and be submitted along with the 
accountant's report of the examination.  
(iii)  The owner/opera tor's year -end financial  statements  must  not include an adverse 
auditor's opinion, a disclaimer of opinion, or a "going concern" qualification.  
(iv)  To demonstrate that it meets the financial test under this subsection the chief 
financial officer of the owner/operator must sign,  within 120 calendar days  of the 
close of each financial reporting year , a letter stating that the owner/operator has 
met the financial test for self -insurance covering USTs or ASTs at the facilities 
listed. The letter must contain a list of the facilities  covered, and the following 
information must be provided for each facility:  the name and address of the 
facility, the number of tanks at the facility, the size of each tank and the regulated 
substance contained in each tank.  
(v)  If an owner/operator usin g the test to provide FR  finds that he or she no longer meet s 
the requirements of the financial test based on the year -end financial statements, 
the owner/operator must obtain alternate coverage as described in this article 
within 150 calendar days of the end of the year for which financial statements 
have been prepared or within 30 calendar days of the date of the financial 
statement, whichever is earlier.  
(vi)  The Director may require reports of financial condition from the owner/operator  at 
any time. If the Director finds, on the basis of such reports or other information, 
that the owner/operator no longer meets the financial test requirements of this 
subsection, the owner/operator must obtain alternate coverage within 30 
calendar days after notification  of such a finding.  
(vii)  If the owner/operator fails to obtain alternate FR  within 60 calendar days of finding 
that he or she no longer meets the requirements of the financial test based on 
the year -end financial statements, or within 30 calendar days of  notification by 
the Director that he or she no longer meets the requirements of the financial test, 
the owner/operator must notify the Director of such failure within 10 calendar 
days.  
(2)  Insurance Coverage.  
(i)  An owner/operator may satisfy the requir ements of C.R.S. § 8-20.5-206 and § 8-20.5-
303 by obtaining a liability insurance  policy  that conforms to the requirements of 
this section from a qualified insurer  or risk retention group.  
(ii)  If the policy contains any type of deductible, the policy mus t state that the insurer will 
be liable for such deductible amount in the event of a default by the owner/operator.  
(iii)  Each insurance policy must be issued by an insurer that is authorized to transact the 
business of insurance or authorized to provide insurance as an excess or surplus 
lines insurer in Colorado. The insurer must be in compliance with all applicable 
regulations, policies and procedures of the Colorado Division of Insurance.  
(iv)  Each owner/operator must obtain a certificate of insurance from the insurer showing 
the name and address of each covered location, the policy number, period of  99 coverage, name and address of the insurer  and the name and address of the 
insured for each facility covered by insurance. In the policy, t he insurer must 
certify the following with respect to the insurance described herein.  
(A)  Bankruptcy or insolvency of the insured shall not relieve the insurer of its 
obligations under the policy to which this certificate applies.  
(B)  When requested by the Director, the insurer agrees to furnish a signed 
duplicate original of the policy.  
(C)  Notice of cancellation of the insurance by the insurer must be sent to the 
Director and to the insured at least 60 calendar days prior to the effective 
date of the cancellation of the insurance. However, if the cancellation is 
based on one or more of the following reasons, then such notice may be sent less than 60 calendar days prior to the effective date of the 
cancellation of the insurance: f raud; material misrepresentation; 
nonpaym ent of premium; or any other reason approved by the 
Commissioner of Insurance.  
(D)  The insurance covers claims for any occurrence that commenced during the 
term of the policy that is discovered and reported to the insurer within six 
months of the effectiv e date of the cancellation or other termination of the 
policy
. 
(3)  Letter of Credit.  
(i)  An owner/operator may satisfy the requirements of C.R.S. § 8-20.5-206 and § 8-20.5-
303 by obtaining an irrevocable letter of credit that conforms to the requirements  
of this section. The issuing institution must be an entity that has the authority to 
issue letters of credit in Colorado and whose letter of credit operations are 
regulated and examined by the Colorado Department of Regulatory Agencies.  
(ii)  The letter o f credit must be irrevocable for a term specified by the issuing institution. 
The letter of credit must provide that credit be automatically renewed for the 
same term as the original term, unless, at least 90 calendar days before the 
current expiration dat e, the issuing institution notifies the Director by certified mail 
of its decision not to renew the letter of credit. Under the terms of the letter of 
credit, the 90 calendar days will begin on the date when the Director receives the 
notice, as evidenced b y the return receipt.  
(iii)  The letter of credit must be payable to the Director and may be drawn on to cover 
corrective action and/or compensating third parties for bodily injury and property 
damage caused by accidental releases arising from operating th e UST(s) 
identified in the letter of credit.  
(iv)  The letter of credit must list the name(s) and address(es) of the covered facility(ies) 
where the tanks are located,  the number of tanks at each facility and the 
regulated substances contained by the tanks  at each facility.  
(4)  Trust Fund.  
(i)  An owner/operator may satisfy the requirements of C.R.S. § 8 -20.5-206 and § 8-20.5-
303 by establishing a trust fund that conforms to the requirements of this section. 
The trustee must be an entity that has the autho rity to act as a trustee and whose 
trust operations are regulated and examined by the Colorado Department of 
Regulatory Agencies.   100 (ii)  The trust fund, when established, must be funded for the full required amount of 
coverage.  
(iii)  The trustee must be in structed to disburse funds from the trust fund to pay the costs 
of corrective action and/or  third-party  bodily injury and property damage only as 
directed or approved by the Director.  
(5)  Certificate of Deposit or Other Secured Financial Instrument.  
A cer tificate of deposit or another financial instrument secured by an agency of Colorado 
or the US  Government may be used t o satisfy the requirements of C.R.S. § 8 -20.5-206 
and § 8-20.5-303 provided that such financial instrument is made payable to the Directo r. 
Any interest or dividends payable by such instrument may be made payable to the 
owner/operator using this method of assuring FR . This financial instrument will be 
returned to the owner/operator by the Director only after the instrument has been replaced by an alternate FR  mechanism or the owner/operator is released from the FR  
requirement under 7-3(f) below.  
Section 7-3  Maintenance of Financial Responsibility  
(a)  Substitution of FR  Mechanisms.   
(1)  An owner/operator may use any alternate FR  mechanism specified above provided that at all 
times the owner/operator  maintains an effective FR  mechanism that satisfies the 
requirements of C.R.S. § 8-20.5-206. 
(2)  After obtaining alternate FR  as specified in this Article 7 , an owner/operator may cancel a 
prior FR mechanism by providing notice to the provider of FR . 
(b)  Cancellation by a Provider of FR . 
If a provider of FR  cancels or fails to renew for reasons other than incapacity of the provider as 
specified in s ubsection (c) below, the owner/operator must obtain alternate coverage within 60 
calendar days after receipt of the notice of termination. If the owner/operator fails to obtain 
alternate coverage within 60 calendar days after receipt of the notice of termination, the 
owner/operator must notify the Director of such failure and submit:  
(1)  The name and address of the provider of FR ; 
(2)  The effective date of termination; and  
(3)  The evidence of the FR  mechanism subject to termination, maintained in accordance with 
subsection (d). 
(c)  Reporting by Owne r/Operator.  
(1)  An owner/operator must submit current evidence of FR  to the Director:  
(i)  Within 30 calendar days after the owner/operator identifies a release from a n UST  or 
AST, which  is required to be reported under Article 4.  
(ii)  Within 30 calendar  days after the owner/operator receives notice of any of the 
following and fails to obtain alternate coverage as required by Article 7 . 
(A)  Commencement of a voluntary or involuntary proceeding under Title 11 
(Bankruptcy), US Code, naming a provider of FR  as a debtor ;  101 (B)  Suspension or revocation of the authority of a provider of financial 
responsibility to issue a FR mechanism ; or 
(C)  Any o ther incapacity of a provider of FR . or 
(iii)  As required by 7 -2(b)(1) (vii) and 7-3 (b). 
(2)  An owner/operator m ust certify compliance with the FR requirements of Article 7  as specified 
in the new tank registration form when notifying the Director of the installation of a new 
UST under 2 -2-3(f)(3)  or new AST under 3 -2-4. 
(3)  The Director may require an owner/operat or to submit evidence of FR as described in 
subsection (d)(2) or other information relevant to compliance with Article 7 at any time.  
(d)  Record keeping.  
(1)  Owners/operators must maintain evidence of all FR mechanisms used to demonstrate 
financial respo nsibility for an UST  or AST until released under s ubsection (f). An 
owner/operator must maintain such evidence at the site or  at the owner's or operator's 
place of business. Records maintained off -site must be made available upon request by 
the Director.  
(2)  An owner/operator must maintain the following types of evidence of FR : 
(i)  An owner/operator using a financial test of self -insurance must maintain a copy of the 
chief financial officer's letter based on year -end financial statements for the most 
recent financial reporting year. Such evidence must be on file no later than 120 
calendar days after the close of the financial reporting year or 30 calendar days 
from the date of the financial statement, whichever is earlier.  
(ii)  An owner/operator using a l etter of credit must maintain a copy of the signed 
agreement and copies of any amendments to the agreement.  
(iii)  An owner/operator using an insurance policy must maintain a copy of the signed 
insurance policy, the certificate of insurance specified in s ubsection 7-2(b)(2)(iv) 
and any amendments to the policy.  
(e)  Drawing on FR  Mechanisms.  
(1)  The Director shall require the insurer, trustee, or institution issuing a letter of credit or 
certificate of deposit to make available the amount of funds stipulat ed by the Director, up 
to the limit of funds provided by the financial responsibility mechanism if:  
(i)  The owner/operator fails to establish alternate FR within 60 calendar days after 
receiving notice of cancellation of insurance, letter of credit, or ot her FR 
mechanism; and 
(ii)  The Director determines or suspects that a release from an UST  or AST covered by 
the mechanism has occurred and so notifies the owner/operator or the 
owner/operator has notified the Director of a release from an UST  or AST 
cover ed by the mechanism.  
(2)  The Director may draw on these available funds when:  
(i)  The Director makes a final determination that a release has occurred and immediate 
or long term corrective action for the release is needed, and the owner/operator, 
after a ppropriate notice and opportunity to comply, has not conducted corrective 
action as required; or   102 (ii)  The Director has received either:  
(A)  Certification from the owner/operator , and the third- party  liability claimant(s) 
and from the attorneys representi ng the owner/operator and the third -
party  liability claimant(s) that a third -party  liability claim should be paid; or  
(B)  A valid final court order establishing a judgment against the owner/operator 
for bodily injury or property damage caused by an accidental release 
from an UST  or AST  covered by FR  under Article 7 ; and the Director 
determines that the owner/operator has not satisfied the judgment.  
(f)  Release from the Requirements.   An owner/operator is no longer required to maintain FR  under Article  
7 for an UST or AST after any necessary corrective action has been completed and the tank has 
been permanently closed or undergoes a change -in-service as required by these regulations.  
(g)  Bankruptcy or Other Incapacity of Owner/Operator or Provider of FR . 
(1)  Within 10 calendar days after the commencement of a voluntary or involuntary proceeding 
under Title 11 (Bankruptcy), US Code, naming an owner/operator as debtor, the owner/operator must notify the Director by certified mail of such commencement and 
submit a list of all affected UST or AST facilities.  
(2)  An owner/operator will be deemed to be without the required FR in the event of a bankruptcy 
or incapacity of its provider of FR , or a suspension or revocation of the authority of the 
provider of FR to issue an insurance policy, letter of credit, or other FR  mechanism. The 
owner/operator must obtain alternate FR as specified in Article 7 within 30 calendar days 
after receiving notice of such an event. If the owner/operator does not obtain alternate 
cover age within 30 calendar days after such notification, the owner/operator must notify 
the Director immediately.  
(h)  Reestablishment of FR .  
(1)  Whenever the required amount of FR  has been reduced by payment of claims due to a 
release at any facility , and t he owner/operator is responsible for another facility or other 
facilities then the owner/operator must immediately reestablish the ability to pay the 
required amounts for any release at the other facility (ies).  
(2)  Whenever the required amount of FR  for the owner/operator of a single facility has been 
reduced by payment of claims due to a release at a facility and the period of corrective 
action for that release  has been completed, the owner/operator must then immediately 
reestablish the required amount of  FR.  103 ARTICLE 8  PETROLEUM STORAGE TANK FUND  
Section 8-1  Eligibility  
(a)  Only the following persons are potentially eligible for reimbursement from the Fund, provided they 
meet the other criteria:  
(1)  The current owner/operator  of a regulated UST or AST  system ; 
(2)  Any past owner/operator  of a regulated UST or AST system ; or 
(3)  Other persons  considered not responsible for the release as  set forth in C.R.S. §  8-20.5-206 
(3)(a) through (e)  and CRS 8- 20.5-303 (3)(a) through (e) . 
(b)  Insurance companies or their agents are not eligible to make claims against the fund.  
(c)  An applicant making any claim against the Fund shall be held accountable for compliance with the 
following requirements . 
(1)  Each applicant must meet the owner/operator criteria for co rrective action as established by 
the Director . 
(2)  When required by the Director, an owner/operator must demonstrate that accurate and 
complete records are maintained that confirm a release detected on or after July 1, 1989, 
except for those releases  discussed  in 8-1(g). 
(3)  Each owner/operator must have registered the tank(s) and paid the current and past annual 
tank registration fees .  Payment penalties and percent reductions may be imposed by the 
Committee for non- payment or late payment of registrati on fees  for each petroleum 
storage tank owned . 
(4)  Each owner/operator must have paid the environmental response surcharge applied to 
petroleum products in Colorado and must not be in default on any obligation caused by 
the environmental response surcharge . 
(5)  Each owner/operator must be in substantial compliance (as determined by the Committee) 
with all Colorado laws and regulations that address the handling, storage, record 
keeping, and dispensing of regulated substances,  including but not limited to C.R.S. § 8-
20-230, 8 -20-231, all of 8 -20.5,  and NFPA Code 30 “ Flammable and Combustible 
Liquids ” and NFPA Code 30A “ Code for Motor Fuel Dispensing Facilities and Repair 
Garages ”of the NFPA , to be eligible for participation in the Fund.  
(6)  Each owner/operator must demonstrate evidence of FR  of $10,000 for corrective action and 
$25,000 for compensation of third-party personal injury or property damage through the 
mechanisms or combination of the mechanisms contained in the financial responsibility 
established by the Director  and in C.R.S. Sections  8-20.5-206 and 303.  
(7)  Each owner/operator must demonstrate that allowable  costs have exceeded the deductible 
(as described in s ubsection (6)) for assessment and corrective action per C.R.S. § 8 -
20.5-208, 209, and 304. 
(8)  Each owner/operator must comply with the criteria for reporting of a release to the Director, 
including but not limited to C.R.S.  § 8-20.5-208. 
  104  
(d)  A mortgagee making any claim against the Fund shall comply with the following requirements : 
(1)  A mortgagee whose mortgage or deed of trust is dated before September 30, 1995 is eligible 
to participate in the Fund if the mortgagee has acquired, by foreclosure or receipt of a 
deed in lieu of foreclosure, the property on which the petroleum tank sys tem is located 
and each of the following conditions has been met:  
(i)  The mortgagee has not actively managed the property during the period th at it held a 
security interest;  
(ii)  The mortgagee has notified the Director of his/her acquisition of the prope rty by 
certified mail (return receipt requested) or other documented delivery within 30 
working days of the acquisition, if acquired after September 30, 1995;  
(iii)  The mortgagee has complied with all applicable corrective action requirements; and  
(iv)  The mortgagee is not affiliated with or related to the mortgagor.  
(2)  A mortgagee whose mortgage or deed of trust is dated on or after September 30, 1995 , is 
eligible to participate in the Fund if the mortgagee meets all provisions of s ubsection (1) 
above and has a Certificate of Eligibility issued pursuant to s ubsection (3) below. There 
must be an operating petroleum storage tank system, which is not orphaned or abandoned, on the property at the time a Certificate of Eligibility is issued. A Certificate of Eligibility may be issued at any time before foreclosure or receipt of a deed in lieu of foreclosure; however, if the certificate is issued prior to the loan closing, the certificate will 
only be effective upon closing. A Certificate of Eligibility will not cover contamination 
detected on a property before the Certificate of Eligibility is issued.  
(3)  A Certificate of Eligibility may be issued to a mortgagee if the site is in compliance with all 
applicable laws, a Petroleum Storage Tank Status Sheet has been properly completed, 
and one of the following conditions  has been satisfied:  
(i)  For a petroleum  UST system:  
(A)  Documentation has been provided to the Director showing that all  petroleum 
storage tanks and tank lines at the site passed a tightness test no more 
than 60 calendar days prior to the completion of the Petroleum Storage 
Tank Status Sheet; or  
(B)  Documentation has been provided to the Director showing tanks and lines at 
the site are monitored by a properly installed and operating third -party  
certified monthly monitoring device; or  
(C)  Documentation has been provided to the Director showing that an 
environmental site assessment performed no more than 60 calendar days prior to completion of the Petroleum Storage Tank Status Sheet 
indicates the site does not require site characterization or corrective 
action.  
(ii)  For an  AST system, documentation has been provided to the Director showing that all 
underground lines at the site passed a tightness test no more than 60 calendar 
days prior to completion of the Petroleum Storage Tank Status Sheet and:  
(A)  The AST system meets the standards in 3-2-3(e) if installed before October 
1, 1994;   105 (B)  The AST system meets the standards for ASTs installed after September 30, 
1994; or  
(C)  Documentation has been provided to the Director showing that an 
environmental site assessment performed no more than 60 calendar 
days prior to completion of the Petroleum Storage Tank Status Sheet 
indicates the site does not require initial site characterization or 
corrective action.  
(4)  A mortgagee who is eligible to participate in the Fund pursuant to these regulations may sell 
the property and transfer the Certificate of Eligibility to the buyer. The buyer may 
participate in the Fund pursuant to C.R.S. § 8-20.5-206 (3) and 303  (3) C.R.S., provided 
that: 
(i)  The buyer is not a former tank owner/operator of the site or an affiliate or relation to 
such a former tank owner/operator;  
(ii)  The buyer, within three months of acquiring the property from the mortgagee, 
completes and submits to the Director sufficient documentation to show that the site is in compliance with applicable regulations; or, within three months of 
acquiring the property, the Director approves a plan, submitted by the buyer, 
showing how and when the site wi ll be brought into compliance; and,  
(iii)  Within six months of acquiring the property, the buyer either provides documentation 
to the Director showing that an environmental site assessment indicates the site 
does not require initial site characterization or corrective action, in which case the 
transferred Certificate of Eligibility is no longer a valid document; or, provides to 
the Director documentation that petroleum contamination is present on the 
property, in which case the transferred Certificate of E ligibility remains valid for 
the balance of the remediation, provided such remediation is conducted pursuant to Colorado statutes and regulations.  
(e)  Eligible Releases  
Only releases satisfying all of the following criteria shall be considered eligible:  
(1)  The releas e must be accidental in nature;  
(2)  The storage tanks and related piping are regulated under these regulations and contain 
petroleum product regulated by these regulations;  
(3)  Subject to any Committee policies on reimbursement, the Direct or has approved the design 
for corrective action at the site; and  
(4)  Subject to any Committee policies on reimbursement, the Director has determined that the 
corrective action has, or when completed will have, adequately addressed the release in terms of  protecting public health, welfare and the environment.  
(f)  Releases  Not Eligible  
Releases with the following criteria shall be considered not eligible:   
(1)  Releases from USTs and ASTs used to store petroleum products intended for aviation 
purposes . 
(2)  Releases from  USTs  and ASTs  used to store petroleum products intended for use by railroad 
equipment or locomotives .  106 (3)  Releases from USTs and ASTs  that are exempt or deferred in 2 -1-1(b) and (c) and 3 -1(b). 
(4)  Releases at sites on the National Priori ties List (NPL) or sites being cleaned up by the State 
under the federal Comprehensive Environmental Response, Compensation and Liability 
Act of 1980 (CERCLA).  Owners and operators of tanks containing regulated substances 
other than petroleum are not eligible to the Fund but must demonstrate FR using some 
other approved FR mechanism.  
(g)  Eligibility of Expenses  
(1)  Only expenses incurred on or after July 1, 1989 are potentially eligible for reimbursement. All 
expenses incurred before July 1, 1989 are not eligible for reimbursement.  
(2)  For releases detected on or after December 22, 1988 but before July 1, 1989, expenses 
incurred on or after July 1, 1989, are potentially eligible for reimbursement only if the original application was submitted before January 1, 1992. This January 1, 1992 deadline 
does not apply to applicants determined to bear no responsibility for the release pursuant to statute.  
(3)  Expenses related to releases detected before December 22, 1988 are not eligible for 
reimbursement.  
(4)  Expenses related to tanks closed in place or removed before December 22, 1988 are not 
eligible for  reimbursement . This December 22, 1988 deadline does not apply to 
applicants determined to bear no responsibility for the release pursuant to statute.  
(h)  In addition to the above, the following subsections apply to all ASTs , 
(1)  The Director will make positive eligibility recommendations to the Committee for facilities that 
were in operation prior to October 1, 1994 provided that:  
(i)  Existing ASTs were ins talled and operated in substantial compliance with the 
applicable statutes and regulations that were in effect at the time the tank system 
was installed; and  
(ii)  Existing ASTs that were required to prepare and implement a "Spill Prevention, 
Control and C ountermeasures" (SPCC) plan as specified in the 40 CFR Part 112 
were in substantial compliance with that requirement.  
[Note: Installation and operating rules can be found in NFP A Code s 30 “Flammable and 
Combustible Liquids ” and NFPA Code 30A Code for Motor  Fuel Dispensing Facilities and 
Repair Garages that  were  in effect at the time of installation. ] 
(2)  The Director will also make positive eligibility recommendations to the Committee for facilities 
that were in operation prior to October 1, 1994, that are  not able to demonstrate 100% 
compliance with the regulations in effect at the time the ASTs were installed, provided 
that: 
(i)  There are no serious safety violations, and the safety concerns listed here are 
satisfied.  
(A)  Adequate ventilation,  either natural or forced must exist to guarantee that 
flammable liquid vapors cannot build up to 25% of the lower flammable 
limit anywhere because of the presence of the tank facility in question.  
(B)  Normal vent lines must be of sufficient capacity to ensure that  no fuel drop 
will cause the pressure inside the tank to exceed the test pressure. A  107 spark arrester cap is required at the end of the vent line and it must be 
located "in the clear" and at least 12 feet above ground level.  
(C)  A label such as U.L. 142, UL ABOVEGROUND TANK, or equivalent must be 
attached to the tank to verify that it meets the emergency relief venting requirement of NFPA 30 “Flammable and Combustible Liquids Code ”. 
(D)  Adequate spill control, overfill prevention control, and secondary 
containment methods or devices must be provided and in regular use at 
the facility; and  
(ii)  A SPCC plan , if required  for the facility , has been developed, approved and followed.  
(3)  The Director will consider closure of a facility and/or removal of non -compliant tanks to be a 
mitigating factor in making the recommendation to the Committee.  
(4)  Nothing herein shall be construed to prevent the Committee from imposing percentage 
reductions upon applicants who are in substantial compliance with regulations but not in total compliance.  
Section 8-2  Reimbursement  
(a)  The owner/operator of the petroleum  storage tanks from which a release has occurred, or another 
person eligible pursuant to statute, and for which corrective action has been performed, or his 
duly authorized agent; may file an application for reimbursement.  
(b)  An application for reimbursement shall include a completed application form provided by the Director 
and shall  contain the following:  
(1)  Legible copies of invoices  according to the format required by the Director . 
(2)  The application shall provide proof of payment of invoices as follows:   
(i)  The amounts shown on the invoices for which reimbursement is requested have been 
paid in full by the applicant  according to one of the following methods ; 
(A)  Business receipts, indicating payments received;  
(B)  Fronts and backs of cancelled checks;  
(C)  The certification of a certified public accountant that the expenses for which 
reimbursement is requested have been paid in full;  
(D)  Provided the pa rties are unaffiliated and unrelated, a notarized affidavit 
signed by the person that performed the corrective action affirming that 
the amounts which the applicant represents as being paid were paid in full; or 
(ii)  Provided the parties are unaffiliated and unrelated , a notarized affidavit stating that 
the invoices relative to the referenced application for reimbursement from the Fund will be paid in full by the applicant upon receipt of the reimbursement in 
accordance with a promissory agreement.  
(3)  An y other information which the Committee may reasonably require.  
(c)  Subject to Committee policies regarding reimbursement, all applicants must comply with all corrective 
action requirements and a corrective action plan (including a technical and economic feasibility  108 summary ) must be approved before costs, associated with the corrective action,  are eligible. The 
applicant can be required to provide proof that all corrective action requirements have been met.  
(d)  The applicant may file the application at an y phase of the corrective action subject to any policies 
adopted by the Committee.  
(e)  Incomplete submittals shall suspend processing of applications.  
(f)  Technical information may be required by the Committee or the Director as part of any application f or 
reimbursement:  
(1)  A detailed account of what corrective action has been taken, why specific actions were taken, 
when, by whom, and with what results.  
(2)  An estimate of other corrective action measures that may be required to remediate the facility 
and the estimated time required to complete such measures.  
(3)  Line and tank tightness tests, release detection and release prevention records .  These 
records may include time periods ranging from six month s to three years prior to a 
release or detection o f contamination.  
(4)  Documentation that a release being cleaned up is not a new release requiring payment of a 
separate deductible, i f the Director or the Committee has any information indicating a 
separate release may have occurred.  
(g)  Applications for reimbursement shall be submitted according to the electronic format and location as 
required by the Director and by hard copy to : 
 
Petroleum Storage Tank Committee 
Department of Labor and Employment  
Division of Oil and Public Safety  
633 17th St, Ste 500  
Denver, CO 80202- 3610  
(h)  The date of filing of any document shall be the receipt date stamped on the document.  
Section  8-3  Allowable Costs 
(a)  Allowable costs are those costs and expenses which arise directly from the performance of necessary 
corrective action in accordance with the requirements of the Director  and are deemed reasonable 
by the Committee subject to the limitations prescribed by this section.  
(b)  Allowable costs shall include but not be limited to the following:    
(1)  Abatement of impact s and immediate threats of impact to human health, safety, and the 
environment;  
(2)  Temporary provision of a water supply utilized specifically for domestic consumption;  
(3)  Collection and analysis of surface and subsurface soil and water, free phase hyd rocarbons, 
and vapor samples;  
(4)  Emplacement of soil borings and/or monitor wells for remediation purposes;  
(5)  Removal, storage, treatment, recycling, transport, and disposal of free phase hydrocarbons, 
vapors, contaminated soils, contaminated water in accordance with applicable laws;   109 (6)  Removal and disposal (including transport) of soils and pavement where removal is 
necessary to the performance of corrective action;  
(7)  Identification and testing of affected or potentially affected drinking water s ources;  
(8)  Design of plans for site assessment and remediation;  
(9)  Permitting, acquisition, installation, startup, operation and maintenance of site assessment 
and remediation systems, including monitoring;  
(10)  Temporary relocation of utility structu res when necessary to the performance of corrective 
action;  
(11)  Preparation of technical reports required pursuant to the requirements of these regulations;  
(12)  The fair market value of access to property outside of the facility boundaries where such 
access is necessary for the performance of corrective action;  
(13)  Performance of any corrective action measure, which is specifically required by a section of 
these regulations, or an order of the Director, or a written request or confirmation by the 
Comm ittee;  
(14)  Equipment costs which are related solely to remediation. If the costs of the equipment is 
reimbursed by  the Fund,  when the equipment is no longer needed any salvage value of 
the equipment shall be returned to the Fund.  
(15)  Bodily injury or property damage suffered by third parties.  
(16)  Any other costs determined by the Committee to be allowable in accordance with the 
provisions of these regulations.  
(17)  Costs associated with preparing and filing an application for reimbursement not to exc eed 
1% of the net allowable reimbursement per application up to a maximum of $2,000 per 
event.  
Section 8-4  Unallowable Costs  
(a)  Costs and expenses which are not applicable to the performance of necessary corrective action in 
accordance with the requirem ents of the Director or are deemed unreasonable by the Committee 
are unallowable for reimbursement.  
(b)  T he following types of costs are not allowable for reimbursement . 
(1)  The cost of replacement, repair, maintenance, testing  and upgrading of affected tanks and 
associated piping.  
(2)  The loss of income or profits, including without limitation, the loss of business income arising 
out of the review, processing, or payment of an application or request for assistance 
under these regulations.  
(3)  Decreased property values.  
(4)  Bodily injury or property damage except for injuries or damages suffered by third parties.  
(5)  Fees for legal services.  
  (7)  The costs of making improvements to the facility beyond those that are required for 
corrective action.   110 (8)  Costs, including those associated with contamination assessments performed, for any 
purpose other than investigating the extent and impacts of a  release, where no corrective 
action is required by Colorado statutes and regulations . 
(9)  Costs of compili ng and storing records.  
(10)  Any activities, including those required by these regulations, which are not conducted in 
compliance with applicable state and federal environmental laws, including laws relating 
to the transport and disposal of waste.  
(11)  Penalties or payment for damages assessed by the Committee, Director, the Department of 
Public Health and Environment, and/or the F ederal government.  
(12)  At the Committee’s sole discretion, claims for reimbursement relating to a tank owned or 
operated by a person who has been convicted of a violation of any law or rule that relates 
to the installation, operation, or management of petroleum storage tanks.  
(13)  Costs in excess of those considered reasonable by the Committee.  
(14)  At the Committee’s sole di scretion, cleanup costs resulting from negligence or misconduct 
on the part of the owner/operator or applicant.  
(15)  Subject to Committee policy, costs incurred during the closure of a tank  
(16)   Costs for the rental of equipment owned by the applicant i f the equipment was previously 
reimbursed by the Fund.  
(17)  Interest paid on loans.  
(18)  Costs that are a part of normal business expenses (i.e. insurance charges).  
(c)  Any attempt by an applicant to claim reimbursement under circumstances when the appl icant knew or 
should have known (this includes knowledge held by the applicant’s environmental consultant) 
that some or all costs would be unallowed authorizes the Committee to reduce otherwise allowable costs submitted by the applicant (whether on the sam e or a different application). Any 
reduction imposed under this section shall be equal to the amount of the unallowed costs. This subsection applies only to the unallowed costs in s ubsections 8-4(b)(1), (6), (7), (8), (11),  (15) 
and (16) above and only to applications received after March 1, 1997.   
Section 8-5  Committee Review of Application 
(a)  The Committee shall review each eligible original application received and make a determination of 
reimbursement, inform the applicant of its determination and, as appropriate, reimburse the 
applicant from the Fund.  
(b)  Prior to approval of reimbursement, the Committee shall affirmatively determine that:  
(1)  Requested reimbursement expenses are:  
(i)  Eligible costs;  
(ii)  Reasonable as determined by the Committee;   
(ii)  Actually, necessarily incurred for the preparation or implementation of a corrective 
action plan approved by the Director or for eligible third- party  damages.  
(2)  The applicant is:   111 (i)  Eligible for reimbursement; and  
(ii)  In substantial compliance with all applicable rules and regulations.  
(c)  An application which does not contain all of the information required, may be rejected by the 
Committee, without prejudice. Rejection of the application by the Committee does not prevent the 
applicant from filing another application for the same release.  
(d)  The Committee is not required to commence the substantive review of an application until receipt of 
all information required from the applicant and the Director determines the application is properly and fully completed.  
(e)  If  during the course of the substantive review, additional information of the type required by these 
regulations is needed to evaluate the application, the applicant may be required to provide such 
additional information. Further review of the application may be suspended until such information is received.  
(f)  The Committee's approval of the proposed corrective action(s) shall not be considered a finding or 
guarantee of safety or effectiveness of the plan(s). Nothing in these reg ulations shall be 
construed to abrogate or limit the immunity or exemption from civil liability of any agency, entity or 
person under any statute including the Colorado Governmental Immunity Act, Article 10 of Title 
24 or C.R.S. § 13 21 108.5.  
(g)  The approval and disbursement of funds by the Fund and/or Committee does not constitute transfer 
of ownership of any contaminated soils, equipment, or related items relating to corrective action. Ownership of any and all items relating to corrective action will remain the property of the 
applicant.  
(h)  Multiple releases at a facility may be considered by the Committee either as single or separate 
releases to make the most efficient use of the Fund or to provide the most effective protection to human health or the environment.   
Section 8-6  Fund Payment Report  
(a)  Upon completion of the review of an application, the Committee shall prepare a Fund Payment 
Report  (FPR)  indicating which of the applicant's costs the Committee believes should be 
reimbursed and which co sts should not be reimbursed. If the Committee finds that any cost 
should not be paid to the full amount requested, it shall briefly state the reasons in its report. The Committee shall submit a copy of its report to the applicant.  
(b)  The applicant shall  review the FPR  and shall, if dissatisfied with any facts therein, file a written protest 
with the Committee within 60 calendar days of the date of the FPR . If the applicant does not file a 
written protest within the 60 calendar days, the applicant will ha ve waived his/her right to object to 
anything covered by the FPR . After the 60 calendar days, everything regarding the application, 
including the amount of reimbursement and percentage reductions (including any reductions 
applicable to future applications) , will be deemed final.  However, costs determined to be not 
eligible cannot  be protested.  
(c)  The protest  of the FPR  must be signed by the applicant and contain any information required by the 
Committee or the Director, including a clear statement of eac h item which the applicant disputes 
on the FPR . 
(d)  The protest shall be submitted on a form provided by the Committee or the Director.   112 Section 8-7  Miscellaneous Regulations 
(a)  Nothing in these regulations precludes the Committee or the Director from i ssuing orders, assessing 
administrative penalties, or taking any other action permitted by law against any person for 
violation of any statute, regulation or order.  
(b)  Nothing in these regulations changes the responsibilities of an owner/operator of a st orage tank to 
respond to a release of regulated substances or to comply with any other  state or Federal  
requirements, statutes, regulations  or orders.  
(c)  No person shall knowingly submit false information to the Committee as part of any materials require d 
to be submitted under these regulations.  
(d)  If an applicant owes money to the Fund or to the Director, including but not limited to penalties or past  
due registration fees, or owes money to any other State agency via the Vendor Offset Subsystem 
pursuant to CRS  § 24-30-202.4, the amount owed will be deducted from any proposed 
reimbursement amount to the applicant.  
(e)  Pursuant to CRS 8- 20.5- 103(3.5) monies in the Petroleum Storage Tank Fund may be used to 
provide an incentive to underground or aboveground storage tank owners and operators for 
significant operational compliance or to upgrade existing tank systems as determined by the 
Committee.  Notice of available incentives will be posted on the Division web page 
(www.colorado.gov/ops) . 
ARTICLE 9  PETRO LEUM CLEANUP AND REDEVELOPMENT FUND 
(REDEVELOPMENT FUND)  
Section 9- 1  Redevelopment Fund Purpose 
 The Redevelopment Fund is administered by OPS.  
 
(a)  The Redevelopment Fund will enable investigation and cleanup of petroleum contamination at 
petroleum stor age tank sites that are not eligible for reimbursement from the Petroleum Storage Tank 
Fund (PSTF) . Cleaning up these sites will minimize risk to Colorado’s groundwater resources and 
enhance the potential for these properties to be redeveloped or reused.  
 
(b)  Redevelopment Fund monies are available in the form of reimbursement to property owners upon 
completion of one or more of the following approved activities : 
 
(1)  Petroleum UST removal . 
 
(2)  Site assessment to determine if contamination from petroleum storage tanks is present on the 
property (Level I activity) . 
  
(3)  Site characterization if petroleum contamination is discovered on the property (Level II 
activity) . 
 (4)  Cleanup of the petroleum contamination (Level III activity).  
 
(c)  This article includes sections pertaining to eligibility criteria, eligible activities, the application and 
funding process, establishing project costs and required cost -matching for assessment and cleanup 
actions. Additionally, this  article defines the mechanism for distributing monies from the Redevelopment 
Fund.  
Section 9-2  Eligibility Criteria  
 Formatted:  Font:  10 pt
Formatted:  Font:  10 pt 113 (a)  Eligibility to participate in the Redevelopment Fund is dependent on the applicant satisfying all of the 
following criteria:  
 
(1)  Applicant is the current property own er. 
 
(2)  Applicant can provide evidence that petroleum storage tanks are present or existed on the 
property . 
 (3)  Applicant is not eligible for reimbursement from the PSTF . 
 
(4)  Applicant has a plan for redevelopment or reuse of the property.  
Section 9-3  Eligible  Activities  
 
(a)  Petroleum UST Removal  
 
(1)  Approved applicants shall be eligible for up to $2,000 in reimbursement of direct costs 
associated with each petroleum UST removed.  
 
(2)  Requests for reimbursement can be made at any time following the documented completion 
of the tank removal.  
 
(b)  Level I Site Assessment  
 
(1)  The Level I site assessment to measure for the presence of a petroleum release from a 
storage tank system is considered an eligible activity. To meet the requirement to obtain a NFA  
determination, the petroleum storage tank area, product line and dispenser locations must be 
evaluated.  
 (2)  All proposed work conducted in Level I must be clearly identified in a project work plan prior 
to beginning the assessment activities. The work plan shall include a budget projection and 
estimated project completion timeline. Work plans shall be submitted prior to conducting Level I 
activities.  
 (3)  All approved applicants shall be responsible for 10% of the Level I site assessment costs, 
which will be deducted from the reimbursement award.  
 
(4)  The maximum amount payable from the Redevelopment Fund for a Level I site assessment 
is $20,000.  
 
(c)  Level II Site Characterization  
 
(1)  The Level II site characterization to establish the exte nt of petroleum contamination that 
exceeds the current OPS Tier 1 RBSLs  and a simple activity, such as limited excavation of 
petroleum -impacted soils or the development of a cleanup corrective action plan, are considered 
eligible activities.  
 
(2)  All prop osed work conducted in Level II must be clearly identified in a project work plan prior 
to beginning the characterization activities. The work plan shall include a budget projection and estimated project completion timeline. Work plans shall be submitted p rior to conducting Level II 
activities.  
 (3)  All approved applicants shall be responsible for 10% of the Level II site characterization 
costs, which will be deducted from the reimbursement award.   
 
(4)  The maximum amount payable from the Redevelopment F und for a Level II site 
characterization is $30,000.  
  114 (d)  Level III Cleanup  
 
(1)  The Level III cleanup activities associated with an economic ally and technically  feasible 
approach to mitigate petroleum contamination to an acceptable level are considered eligible 
activities.  
 
(2)  Requests for cleanup funding must include a project work plan that contains a discussion of 
the project technical feasibility and cleanup goals, budget projection and estimated project 
completion timeline.  
 (3)  All approved applicants shall be responsible for 50% of the Level III cleanup costs, which will 
be deducted from the reimbursement award.  
 
(4)  The maximum amount payable from the R edevelopment Fund for a Level III cleanup is 50% 
of the eligible cost or $500,000, whichever is less.  
Section 9-4  Application Process 
(a)  Applications for environmental assessment, characterization and cleanup financial assistance can be 
submitted at any  time utilizing application forms posted on the OPS website. Applications will be 
periodically reviewed and evaluated based on the applicant’s ability to demonstrate the following:  
 
(1)  Project plan results in reducing risk to the environment from petroleum contamination.  
 
(2)  Applicant has the ability to meet Level I and II deductibles and has leveraged matching funds 
for Level III cleanup activities . 
 (3)  Redevelopment or reuse plan generates a positive economic and/or social impact on the 
community.  
 (b)  Successful applicants will be notified at least quarterly, subject to the availability of money in the 
Redevelopment Fund.  
 (c)  Applicants from the same corporate family are not eligible for awards at more than one property per 
year.  
Section 9- 5  Eligible Costs and Reimbursement  
(a)  Costs associated with eligible activities completed during the application process and subsequent 
project site assessment, characterization and cleanup will be reimbursed.  
 (b)  In general, project costs shall not exceed the current Reasonable Cost Guideline unit rates.  
 
(c)  Requests for reimbursement must include the following : 
 
(1)  Documentation of the work performed per project work plan.  
 (2)  Proof of payment for all invoices submitted for reimbursement . 
 
(3)  Affidavit of work performed, with regards to services, material, and equipment procured by 
the applicant.  
 
(d)  Reimbursement of Level III cleanup costs shall be contingent upon completion of project milestones 
in the approved cleanup work plan.  
Section 9- 6  Contractual Agreements 
Property owners that are eligible for Level I, II and III activities shall enter into a contractual agreement 
with OPS for the appropriate level . Upon execution of a contractual agreement, OPS will issue the  115 property owner a notice t o proceed that affirms a commitment to reimburse a specified amount of money 
from the Redevelopment Fund.