By now most Colorado underground storage tank (UST) owner/operators are familiar with the Annual Compliance Package (ACP) the Division of Oil & Public Safety (OPS) sends out each year. This is the annual request for compliance records that requires you to compile all the requested information and get it to OPS in the specified time frame.

According to sources at OPS, the OPS has discontinued the ACP program and replaced it replaced it with a compliance records review during a scheduled visit by the Oil Inspector. It’s our understanding that the Oil Inspector will contact the owner/operator at least days prior to an inspection and request the compliance records applicable to the fuel system at each facility. In Colorado, OPS inspects storage tank facilities at periodic intervals. The frequency is typically based on various risk factors and previous compliance history.

Make sure you are keeping the proper compliance records regardless of what state you live in or what the procedure is for state authorities to review your records. The EPA – and therefore all state agencies – have record-keeping requirements. Section 2-3-7 of the Colorado Storage Tank Regulations says, “Owners/operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the Director, as well as requests from OPS for document submission, testing, and monitoring pursuant to Section 9005 of Subtitle I of the Solid Waste Disposal Act, as amended.”

Every state has different penalties for not having the proper records available. States have the authority to levy fines and/or implement delivery prohibition. In Colorado, noncompliance with record-keeping requirements can jeopardize your ability to qualify for the Storage Tank Fund, which may reimburse owner/operators costs associated with cleanup activities.

The bottom line is you need to be clear on what records are required for your facility. Regulatory agencies may request those records at any time. If you’re not sure, give us a call. We are familiar with all the requirements and can assist you with developing a compliance management plan.