Colorado Underground Storage Tank Permit (18-CO-a)
The Colorado Department of Labor and Employment Division of Oil and Public Safety (Division) regulates underground storage tanks pursuant to Colo. Code Regs. tit. 7 § 1101-14, Colo. Rev. Stat. § 8-20-102, and Colo. Rev. Stat. § 8-20.5-201 et seq. to reduce damage to the environment and risk to the public caused by leaking petroleum storage tanks and other regulated substances stored in underground tanks. Colo. Rev. Stat. § 8-20.5-201 et seq..
Under 40 C.F.R. § 281, a state can obtain approval from the United States Environmental Protection Agency (EPA) to implement a state program that regulates underground storage tanks in compliance with the technical standards established in 40 C.F.R. § 280 .
Underground Storage Tank Permit Process
18-CO-a.1 to 18-CO-a.2 — Is the Underground Storage Tank (UST) System Excluded?
A developer may not need approval from the Colorado Department of Labor and Employment Division of Oil and Public Safety (Division) for an underground storage tank in certain circumstances. Colo. Code Regs. tit. 7 § 1101-14 §2-1-1 excludes the following Underground Storage Tank (UST) systems from regulation:
- Any UST system holding hazardous waste listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;
- Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;
- Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
- Any UST system whose capacity is 110 gallons or less;
- Any UST system that contains a de-minimis concentration of regulated substances; and
- Any emergency spill or overflow containment UST system that is expeditiously emptied after use.
18-CO-a.3 — Underground Storage Tank Permit Application; Site Plan
The developer must submit an Colorado Underground Storage Tank System – Installation or Upgrade Application (Application) to the Colorado Department of Labor and Employment Division of Oil and Public Safety (Division) 20 days prior to beginning construction on any new UST system used to store regulated substances or for a UST system that is being upgraded to the standards described in 7 CCR 1101-14 or other applicable statutes. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2-1.
For each submitted UST installation or upgrade construction plan, the developer must also pay the Director of the Division of Oil and Public Safety a fee of $150 to covers costs of site plan review and installation inspection. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2-1(c).
18-CO-a.4 to 18-CO-a.5 — Review Application Materials for Completeness
The Division reviews the UST permit application materials for administrative and technical completeness. The Division may deny a UST Permit Application if the UST installation or operation is not conformance with 7 CCR 1101-14 or is not in conformance with both Code 30 and Code 30-A of the National Fire Protection Association. In addition, the Division may deny the UST Permit Application if the application is incomplete or determined to be inaccurate. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2-1(d).
18-CO-a.6 to 18-CO-a.8 – Review Application for Approval
The Division assesses UST permit application materials for approval. Colo. Code Regs. tit. 7 1101-14 §2-2-2-1(d).
18-CO-a.9 — Installation Plan
After the Division approves the UST permit application, the developer must submit an installation plan to the local Fire Department having jurisdiction prior to the installation of any new or replacement UST system. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2(b).
18-CO-a.10 — Inspect UST Before Completing Construction
The Director of the Division inspects the UST system before completion of construction activities to verify that the construction is proceeding according to plan. The developer must provide 72-hour notice prior to the inspection to the Director of the Division. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2-3(a).The inspection will be as detailed as practicable, but does not exempt the owner/operator from certifying that the installation was made according to all technical requirements of 7 CCR 1101-14. Colo. Code Regs. tit. 7 § 1101-14 §2-2-2-3.
18-CO-a.11 — Complete Construction of UST System and Register UST System
After the developer completes construction of the UST system, the developer must register each system with the Director of the Division within 30 days after the system stores a regulated substance. 7 CCR 1101-14 §2-2-3.The developer must register the UST system with a form provided by the Director of the Division. The developer of a new UST system must certify in the registration form, compliance with:
- Installation of tanks and piping under 7 CCR 1101 Section 2-2-2-2(a);
- Cathodic protection of steel tanks and piping under 7 CCR 1101 Section 2-2-1(a)(2);
- Financial responsibility under Colo. Code Regs. tit. 7 § 1101 Article 6; and
- Release detection under Colo. Code Regs. tit. 7 § 1101 2-3-4 . Colo. Code Regs. tit. 7 § 1101-14 §2-2-3(f).
A developer must also pay a UST registration fee of $35 per tank per year. Colo. Code Regs. tit. 7 § 1101-14 §2-2-3(j). Additionally, the developer must certify that the method used to install the UST system complies with the requirements in Colo. Code Regs. tit. 7 § 1101 2-2-2-2(a)). Colo. Code Regs. tit. 7 § 1101-14 §2-2-3(g).
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- 42 U.S.C. §§ 6901 et seq., Solid Waste Disposal Act
- 40 C.F.R. § 280, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST)
- 40 C.F.R. §§ 239.1 et seq., Solid Wastes
- Colorado – Colo. Code Regs. tit. 7 § 1101-14 et seq., Underground Storage Tanks and Aboveground Storage Tank
- Colorado – Co. Rev. Stat. §§ 8-20-102, Oil and Public Safety Rules
- Colorado – Co. Rev. Stat. §§ 8-20.5-201 et seq., Underground Storage Tanks