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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2013-00076

CCR details

Tracking Number 2013-00076
Type of Filing Permanent Rule
Department 1100 Department of Labor and Employment
Agency 1101 Division of Oil and Public Safety
CCR Number 7 CCR 1101-14

Proposed rule

Notice Filed with SOS 01/15/2013
Rule ProposedRuleAttach2013-00076.PDF
Additional Information AddInfoAttach2013-00076.PDF
Statutory Authority Title 8 Article 20 Section 102, 8-20.5-202, 8-20.5-302
Description of Subjects/Issues Proposed revisions to Petroleum Storage Tank Regulations
Purpose/Objective of Rule The Storage Tanks statute, Colorado Revised Statutes (C.R.S.) Title 8 Article 20 Section 102 and Article 20.5 Sections 202 and 302 state that the Director of the Division of Oil and Public Safety (OPS) shall make, promulgate, and enforce rules for underground storage tanks (UST) and aboveground storage tanks (AST). Rules for ASTs installed before July 1, 1993, shall be no more stringent than the rules in place on the date of installation, except as mandated by federal spill prevention, control, and countermeasures (SPCC) regulations promulgated by the United States Environmental Protection Agency (EPA). Rules for ASTs installed on or after July 1, 1993 shall be no more stringent, either substantially or procedurally, than the requirements contained in the current edition of the national fire code published by the National Fire Protection Association (NFPA), as revised by the association from time to time, and in EPA SPCC regulations. Rules for USTs shall be no more stringent than the requirements contained in 42 U.S.C. Sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal “Energy Policy Act of 2005”. Such rules shall be adopted by the Director of the OPS in compliance with C.R.S. 24-4-103. PURPOSE: These amendments will reformat, update, revise and clarify the current Storage Tank Regulations and will not include fee increases or new mandates. Changes are proposed to every Article (1 through 8) of the regulations, including the addition of two Articles (1.5 and 6) and the rewriting of two existing Articles (4 and 5).
Comments OPS is proposing changes to the Petroleum Storage Tank Regulations. These proposed changes include reformatting the regulations to enhance clarity, flow, comprehensiveness and accuracy. This reformatting is significant in that many sections have been moved from their current location, some new sections have been added, and some sections have been entirely re-written. In addition, OPS proposes a few technical changes that are identified in the draft document.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation?
Hearing Date 02/14/2013
Hearing Time 09:00 AM
Hearing Location 633 17th Street, Denver, CO 80202
Contact Name Greg Johnson
Contact Title Program Manager
Contact Telephone 303-318-8536
Contact email greg.johnson@state.co.us

Adopted rule

Adopted Rules AdoptedRules02013-00076.DOC
Adopted Date 02/22/2013
AGO requested date 02/22/2013
Attorney General Opinion 03/14/2013
Effective Date 05/01/2013
Inserted into CCR 04/18/2013