Petroleum Storage Tank Regulations

1
Petroleum Storage Tank Regulations

• Division of Oil and Public Safety
• Mahesh Albuquerque

2
Petroleum Inspections

• UST and AST
• Liquid Petroleum Gas (LPG)
• Weights and Measures
• 6,293 facilities (UST/AST/LPG)
• 48,199 meters

3
Discussion Items

• UST rule revisions related to the Federal Energy
  Bill
• UST rule revisions related to Temporary Closure
• Rule revisions related Alternative and Renewable
  Fuels
• Proposed revisions to AST rules

4
Energy Policy Act

• SB07-31 - Promulgate regulations related to UST
  provisions of Energy Policy Act.
• Revised regulations adopted August 1, 2008.
• EPACT UST provisions include
• Secondary Containment or Financial Responsibility
  with Installer Certification
• Delivery Prohibition
• Operator Training

5
Secondary Containment

• New or replaced USTs and piping, including
  emergency generator USTs.
• New motor fuel dispenser systems
• Double walled tanks and piping with interstitial
  monitoring.
• Under dispenser containment and sump (STP)
  containment

6
Secondary Containment -Tanks

• Secondary containment and interstitial monitoring
  required for all new UST installations.
• If an existing UST is replaced, the secondary
  containment and interstitial monitoring
  requirements apply only to the replaced UST.
• Secondary containment requirements do not apply
  to repairs meant to restore an UST to operating
  condition.

7
Secondary Containment - Piping

• New piping - secondary containment and
  interstitial monitoring required, includes piping
  to remote fills.
• 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
  (UDC, STP or transition) on both ends of the
  secondarily contained pipe for interstitial
  monitoring.

8
Secondary Containment -Exclusion

• Repairs meant to restore piping to operating
  condition. A repair is any activity that does not
  meet the definition of replace.
• Vent piping, vapor recovery piping, and fill
  pipes not connected to remote fills.

9
Under Dispenser Containment

• Required on new motor fuel dispenser systems.
• A dispenser is installed at a location where
  there previously was no dispenser (new UST system
  or new dispenser location at an existing UST
  system), or
• 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.
• An existing dispenser is removed and replaced
  with another dispenser and the dispenser island
  has to be modified (break concrete) to install
  the dispenser.

10
Secondary Containment

• Contain regulated substances released from the
  tank system until they are detected and removed.
  Must be tested for leaks at the time of
  installation and within 30 days of a year
  thereafter.
• Prevent the release of regulated substances to
  the environment at any time during the
  operational life of the UST system.
• Be checked for evidence of a release at least
  every 30 days.
• If interstitial monitoring is the sole method of
  release detection for the UST system, sensors
  shall be tested for functionality by manual
  tripping on an annual basis.

11
Certified UST Installer

• Effective January 1, 2009 all tanks and piping
  must be properly installed by an OPS certified
  installer.
• Current UST Installation/Retrofitting Certificate
  from the International Code Council (ICC), or
• Installer certification documentation from other
  states that have equivalent certification
  requirements.

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13
Temporary Closure

• 10 day notification prior to temporary closure
  with records from last 12 months of release
  detection and corrosion protection testing for
  tanks and lines.
• In lieu of records, submit results of a precision
  tightness test on the tanks and lines and
  complete a site assessment.
• Continue operation and maintenance of corrosion
  protection, and any release detection if the UST
  system is not empty.

14
Placing UST Back in Service

• Notification no more than 30 days prior to
  placing a UST back in service.
• At that same time submit documentation of passing
  tightness tests to include (ullage) for the tanks
  and lines conducted within the past 30 days.

15
Delivery Prohibition

• Delivery prohibition is prohibiting the delivery,
  deposit, or acceptance of product to an UST that
  has been determined by OPS to be ineligible for
  such delivery, deposit, or acceptance.
• OPS will prohibit delivery, deposit, or
  acceptance of product on an individual UST basis,
  not to every UST at a facility except if
  warranted.
• UST owners/operators and product deliverers are
  responsible for not delivering, depositing, or
  accepting product to an UST identified by OPS as
  ineligible to receive product.

16
Criteria for Delivery Prohibition

• Field Inspection If any of the following
  conditions exist
• Spill prevention equipment is not
  installed/functional
• Overfill protection equipment is not
  installed/functional
• Leak detection equipment is not
  installed/functional
• Corrosion protection equipment is not
  installed/functional
• Discovery of a significant violation that poses
  an imminent threat to human health or safety or
  the environment
• Failure to register or maintain current UST
  registration.

17
Criteria for Delivery Prohibition

• Enforcement Notice OPS issued a Notice of
  Violation or Settlement Agreement and the O/O
  failed to take corrective action within the
  requested time frame
• Operation/maintenance of leak detection
  equipment
• Operation/maintenance of spill, overfill, or
  corrosion protection equipment
• Discovery of a significant violation that poses
  an imminent threat to human health or safety or
  the environment.

18
Red Tag Notification

• Red tag attached to fill pipe of the ineligible
  UST.
• Operator receives a Field Violation Form.
• Owner notification within 24 hours.
• OPS updates delivery prohibition page on website
  within 24 hours.

19
Reclassifying Ineligible UST

• Upon notification by the owner or operator that
  the violation has been corrected, OPS will
  authorize the owner or operator to remove the red
  tag.
• By close of business that same day tank will be
  removed from the OPS website list of facilities
  that have delivery prohibitions.

20
Delivery Prohibition Deferrals

• Rural and Remote Areas 30 day deferral if
  prohibition jeopardizes the availability of, or
  access to, motor fuel.
• Emergency Situations 180 day deferral, if
  prohibition is not in the best interest of the
  public.

21
Emergency Generator Tank

• OPS may 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.

22
Operator Training

• Three classes of operators Class A, B, and C.
• Owners/operators are required to identify and
  designate for each UST facility, at least one
  named individual for each class of operator.
• All individuals designated as a Class A, B, or C
  operator must be trained and certified by
  December 31, 2009.

23
Operator Training

• Separate individuals may be designated for each
  class of operator or an individual may be
  designated to more than one operator classes.
• An individual who is designated to more than one
  operator class must be trained in each operator
  class for which he or she is designated.

24
Class A Operator Responsibility

• Has primary responsibility to operate and
  maintain the UST system.
• Manages resources and personnel, such as
  establishing work assignments, to achieve and
  maintain compliance with regulatory requirements.

25
Class B Operator Responsibility

• Implements applicable UST regulatory requirements
  and standards in the field.
• Implements day-to-day aspects of operating,
  maintaining, and recordkeeping for USTs at one or
  more facilities.
• Has an in-depth understanding of operation and
  maintenance aspects.

26
Class C Operator Responsibility

• Onsite employee who is generally the first line
  of response to events indicating emergency
  conditions.
• Responds to alarms or other indications of
  emergencies caused by spills or releases from UST
  systems.
• Notifies the Class A or B operator and
  appropriate emergency responders when necessary.

27
Training/Certification Processes

• Class A and B
• (1) Certified by the International Code Council
  (ICC) as a Colorado UST System Class A or B
  Operator.
• (2) Completed an operator training program that
  has received prior OPS approval.
• (3) Certified by another states that has
  equivalent operator training requirements.
• Class C
• 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 B operator.

28
Training/Certification Deadlines

• By January 1, 2010, owners of UST systems shall
  submit a signed statement to OPS identifying the
  designated Class A or B operator(s) for each
  facility owned.
• Documentation identifying the designated Class C
  operators shall be maintained on site.
• Owner shall notify OPS of any change of
  designated Class A or B operator(s) no later than
  30 days after the change.

29
Retraining Requirements

• If OPS determines an UST system is out of
  compliance, the Class A and/or Class B operator
  must be retrained and recertified within 90 days.
  
• An UST system is out of compliance if
• (a) There is a delivery prohibition, or
• (b) Facility is not in significant compliance
  with other requirements (temporary or permanent
  closure, tank registration or financial
  responsibility).

30
Monthly Visual Inspections

• Class A or B operator or a delegated designee
  performs monthly visual inspections of their UST
  systems.
• Record results on a monthly inspection checklist.
• - Sensor alarm conditions, and response
• - Integrity of the spill containment or manholes
  
• - Presence of fuel, water or debris in
  containment
• - Hanging hardware and visible piping for
  leakage.

31
Annual Compliance Inspections

• Performed by the designated Class A or B
  operator.
• - Ensures that all required testing and
  maintenance for the UST system have been
  completed.
• - Verifies that all designated Class C operators
  have been trained.
• - Completes an Annual Operational Compliance
  Inspection Report and Certification Form for each
  facility.

32
ASTs
33
UL-142 Single Wall

• Distance Requirements - With Dispensers
• 50 ft from the nearest important building
• 50 ft from any fuel dispenser
• 50 ft from the nearest side of a public way
• 100 ft from any property line that is or can be
  built upon
• Distance Requirements With Out Dispensers (lt12,
  000)
• 660 -750 gal Distance to Property 10ft To
  Building 5 ft
• 751 - 12,000 gal - Distance to Property 15 - To
  Building 5 ft

34
UL-2080 Double Wall

• Distance Requirements - With Dispensers
• 25 ft from the nearest important building
• 0 ft from any fuel dispenser
• 25 ft from the nearest side of a public way
• 50 ft from any property line that is or can be
  built upon
• Distance Requirements With Out Dispensers
• 660 -750 gal To Property 10ft To Building 5
  ft
• 751 - 12,000 gal - To Property 15ft - To
  Building 5 ft
• 12,001 - 30,000 gal - To Property 20ft - To
  Building 5 ft
• 30,001 - 39,999 gal - To Property 30ft - To
  Building 5 ft

35
UL-2085 Double Wall

• Distance Requirements - With Dispensers
• 25 ft from the nearest important building
• 0 ft from any fuel dispenser
• 25 ft from the nearest side of a public way
• 50 ft from any property line that is or can be
  built upon
• Distance Requirements With Out Dispensers
• 660 -750 gal To Property 10ft To Building 5
  ft
• 751 - 12,000 gal - To Property 15 - To Building
  5 ft
• 12,001 - 30,000 gal - To Property 20 - To
  Building 5 ft
• 30,001 - 39,999 gal - To Property 30 - To
  Building 5 ft

36
Reasons for AST Revisions

• HB07-1228 regarding Renewable fuels
• Revisions to current federal SPCC rule
• Revisions to NFPA 30 and 30A
• Revisions to the STI and API standards (SP001,
  API 650 and 653)
• Requests from regulated community for variances

37
Renewable Fuels - HB07-1228

• Promulgate rules for the installation of USTs and
  ASTs containing Renewable fuels
• "Renewable fuel" means a motor vehicle fuel that
  is produced from plant or animal products or
  wastes, as opposed to fossil fuel sources.
• No capacity limitations/exclusions in bill
• Develop rules based on National Codes and
  Standards (NFPA, API, STI)
• Revised installation application to address
  compatibility, etc.

38
SPCC Rules

• Extends date by which a facility must prepare or
  amend and implement its SPCC Plan to July 1,
  2009.
• Applies to aggregate of 1,320 gallons, includes
  tanks gt55 gallons.
• Strengthens the integrity testing requirements,
  and routine inspections.
• Additional requirements for spill planning,
  preparedness.

39
Revisions to NFPA 30 and 30A

• Update AST performance standards and testing
  requirements to reflect NFPA changes.
• Secondary containment tanks w/out
  diking/impounding, max. capacity increased from
  12K gal 20K gal for Class II and IIIA liquids.
• Steel ASTs to be inspected and maintained per API
  653 or STI SP0001 now included in NFPA 30 21.8.
• Incorporating testing and inspection requirements
  from NFPA into revised regulations.

40
Proposed AST Revisions

• Define and clarify requirements for all ASTs for
  which OPS has statutory authority.
• Clearly define tanks falling into AST does not
  include definitions.
• Address tanks outside of 660 40K gal regulatory
  sizes.
• Requirements for other types of tanks not
  currently addressed (i.e. portable tanks,
  construction site tanks, temporary tanks)

41
Proposed AST Revisions

• Update AST performance standards and testing
  requirements to reflect NFPA changes.
• For secondary containment tanks without diking or
  impounding, maximum capacity increased from 12K
  gal 20K gal for Class II and IIIA liquids.
• All steel ASTs to be inspected and maintained per
  API 653 or STI SP0001 now included in NFPA 30
  21.8.

42
Proposed AST Revisions

• Define AST construction equivalencies, and
  possibly require documentation of equivalency
  where no tank data plate exists.
• If no manufacturer documentation exists to show
  construction information (i.e. steel thickness of
  shell, weak roof-to-shell as ERV), have tank
  inspected to show minimum standards are met
  through equivalency could be part of an API or
  STI inspection.
• Clarify UL 2080 vs. SWRI Fire Resistant ASTs.
• Clarify dike tanks vs. true secondary containment
  tanks.

43
Proposed AST Revisions

• Clarify fencing requirements.
• OPS rules require NFPA-style fencing for all ASTs
• SPCC fencing requirements
• NFPA only requires fencing for ASTs covered under
  NFPA 30A (motor vehicle fueling facilities and
  repair garages).

44
Proposed AST Revisions

• AST spacing requirements.
• New tanks to meet current NFPA requirements.
• Decide what situations exist where some existing
  AST facilities may now be unsafe due to
  operational changes (i.e. card/key lock to MPDs
  w/credit card readers) combined with population
  growth.

45
Proposed AST Revisions

• Tank appurtenance and operation issues
• Overfill protection (90 audible alarm/95
  shutoff/both) for all motor vehicle fueling ASTs
  (possibly all ASTs).
• Clearly define adequate methods (i.e. ball floats
  not allowed on ASTs)
• Clearly define adequate anti- siphon measures.
• Conduct/document/retain inventory control.
• Clarify requirement to provide means to gauge
  tanks (some tanks currently in use have no ground
  level gauges and have no means to access top of
  tank for manual gauging).
• Periodic (annual/biannual) calibration of level
  gauges (tape, clock face, electronic).

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http//ops.cdle.state.co.us

• Mahesh Albuquerque
• Division of Oil and Public Safety
• 633 17th Street, Suite 500
• Denver CO 80202
• [phone]
• Mahesh.albuquerque_at_state.co.us