Colorado Aboveground Storage Tank Permit (18-CO-f)
The Colorado Department of Labor and Employment Oil and Public Safety Division (Division) has the authority to regulate and promulgate rules for aboveground storage tanks. Co. Rev. Stat. § 8-20.5-302. The Division regulates aboveground storage tanks pursuant to Colorado Code of Regulations 7 CCR 1101-14, Underground Storage Tanks and Above Ground Storage Tanks, Co. Rev. Stat. §8-20.5-301 et seq., and Co. Rev. Stat. §8-20.5-301 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 aboveground tanks. Co. Rev. Stat. § 8-20.5-301 et seq..
Aboveground Storage Tank Permit Process
18-CO-f.1 to 18-CO-f.2 — Is the Aboveground Storage Tank (AST) System Excluded?
Colorado regulation Co. Rev. Stat. § 8-20.5-101(2)(b) excludes the following aboveground storage tank (AST) or AST systems from regulation:
- Any AST systems that contain a de minis concentration of regulated substances;
- Any AST systems containing radioactive material regulated under the Atomic Energy Act;
- ASTs used to store liquefied petroleum gases that are not liquid at standard temperature and pressure;
- Equipment or machinery that contains regulated substances for operational purposes; and
- Aboveground storage tanks used to store heating oil for consumptive use on the premises where stored.
For a complete list of excluded AST systems, see: Colo. Code Regs. tit. 7 § 1101-14 § 3-1(b).
18-CO-f.3 — Aboveground Storage Tank Permit Application; Site Plan
A developer must submit a complete Aboveground Storage Tank Permit Application (Application) to the Colorado Department of Labor and Employment Oil and Public Safety Division (Division) before beginning construction on any:
- New or used/reinstalled AST system that will store a regulated substance; or
- Before beginning construction on any existing regulated substance AST system at a facility that is being upgraded to the standards described in Colorado Code of Regulations 7 CCR 1101-14, Underground Storage Tanks and Above Ground Storage Tanks or Co. Rev. Stat. .
Colo. Code Regs. tit. 7 § 1101-14 § 3-2-3(a)(1)(i)-(ii). 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 Colo. Code Regs. tit. 7 § 1101-14 § 3-2-1(i)(5) or (6). The Application must include a Site Plan that demonstrates a dimension drawing of the facility that contains the location of the following:
- Existing tanks and piping that will remain at the facility, as well as new tanks and piping proposed in the application;
- Dispensers and buildings at the facility;
- Loading/unloading facilities;
- Guard posts and fences;
- Property lines; and
- Streets adjacent to the facility.
In addition, the Application must include the name and address of the facility.
Also, note regulated AST systems must also comply with performance standards and location and installation procedures pursuant to Colo. Code Regs. tit. § 1101-14 § 3-2 and Colo. Code Regs. tit. § 1101-14 § 3-2-2.
18-CO-f.4 to 18-CO-f.6 — Review Application Materials for Completeness
The Division must review the AST permit application materials for completeness. During this review, the Division may inspect the AST, to verify that Developer constructed the facility according to plan. Colo. Code Regs. tit. 7 § 1101-14 § 3-2-3(b)(2).
The Division may deny or revoke an AST permit if the AST permit application is not complete, is inaccurate, misrepresents facts, or not in compliance with the National Fire Protection Association codes. Colo. Code Regs. tit. 7 § 1101-14 § 3-2-3(c)(2)-(3).
18-CO-f.7 — Aboveground Storage Tank Permit
The Division may deny the permit application if the application, the AST installation or operation is not in conformance with Colo. Code Regs. tit. 7 § 1101-14 or is not in compliance with the National Fire Protection Association codes. Colo. Code Regs. tit. 7 § 1101-14 § 3-2-3(c)(1).
18-CO-f.8 — Notify Division Prior to Use of Tank
The developer must notify the Division with a 72-hour notice prior to filling the tank system. Colo. Code Regs. tit. 7 § 1101-14 § 3-2-3(b)(2).
18-CO-f.9 — Annual Registration Notice
A developer must submit a complete AST Registration Notice form annually to the Division in accordance with Colo. Code Regs. tit. 7 § 1101-14 § 3-2-4. The registration must include information regarding each tank owned or operated at the facility.
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