7 CCR 1101-14-3-1 - AST Program Scope and Applicability

Aboveground storage tank (AST) systems in Colorado are 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 minimum 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, policies 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 inspection 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), the following ASTs or AST systems are excluded from these AST regulations:
(1) Notwithstanding 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 minimis 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 facilities;
(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 Penetration for Bituminous Materials".
(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 ASTs directly used for horticultural or floricultural operations.
(10) ASTs located at natural gas pipeline facilities that are regulated under state or federal natural gas pipeline acts;
(11) ASTs associated with natural gas liquids separation, gathering, and production;
(12) ASTs associated with crude oil production, storage, and gathering;
(13) ASTs at transportation-related facilities regulated by the federal department of transportation;
(14) ASTs used to store heating oil for consumptive use on the premises where stored;
(15) ASTs used to store flammable and combustible liquids at mining facilities and construction and earthmoving projects, 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 and
(16) ASTs owned and operated by the federal government of The United States of America.

Notes

7 CCR 1101-14-3-1
37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019

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