OPS is Moving!
One last reminder: OPS will be moving our downtown Denver offices to a new location in October. Our new address is just across the street at 707 17th Street, Suite 2400, Denver 80202. We plan on being moved and working in the new space starting November 3, 2025. Watch our What’s New website for the latest news on the move.
Retail EV Charger Program
House Bill HB25-1267 was signed into law in May 2025, and it directs OPS to adopt regulations that include minimum standards relating to specifications and tolerances for retail electric vehicle (EV) charging equipment and methods of retail sale at publicly accessible EV charging stations in Colorado. The goal is to promote fairness and consistency in the marketplace, and OPS expects to adopt new regulations by July 1, 2026, and to enforce the rules beginning July 1, 2027.
OPS already regulates the retail sale of all other transportation fuels from a weights and measures standpoint to ensure consumer protection and equity in the marketplace. Currently there is no regulatory oversight in Colorado over the retail sale of electricity at publicly accessible retail EV charging stations, and therefore a variety of equipment and pricing structures exist in the marketplace. As with all other transportation fuels in use in Colorado, the regulatory oversight will ensure transparency, uniformity, equity, and confidence in the marketplace for both retailers and consumers at publicly accessible EV charging stations. Simply put, it will ensure consumers get what they pay for.
If you are interested in participating as we develop these regulations, please plan on attending our next stakeholder meeting from 1:00 to 2:30pm (MST) on Tuesday, October 21, 2025:
Retail EV Charger Program - Stakeholder Meeting
Tuesday, October 21 · 1:00 – 2:30pm
Time zone: America/Denver
Google Meet joining info
Video call link: EV Charging Stakeholder Meeting Video Link
Or dial: (US) +1 478-974-9288 PIN: 625 644 078#
We provided a copy of the early draft regulations during the September 17th meeting, and we’ll continue going through them during the October meeting. You can contact Zach Hope at zach.hope@state.co.us if you would like to be involved or if you have questions about the Retail EV Charger program.
Street Sign Prices MUST Match Dispenser Prices: A Guide for Retail Station Owners
As a retail station owner, you strive to provide excellent service and accurate information to your customers. One critical area where accuracy is not just good practice, but a legal requirement, is the consistency between your street sign prices and your fuel dispenser prices.
The Law and Your Business: Why Price Consistency Matters
Colorado state law and adopted guidelines are clear: misrepresenting prices is unlawful. Several key regulations underscore this point:
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8-20-216. Unlawful to deceive purchaser: This statute explicitly states it is unlawful to store, sell, or offer for sale liquid fuels or similar products "in any manner whatsoever, so as to deceive or tend to deceive the purchaser as to the nature, price, quality, and identity of the products so sold or offered for sale."
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Misrepresentation of Pricing (Uniform Weights and Measure Law, Section 15): This section reinforces that "No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person."
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Uniform Fuels and Automotive Lubricants Inspection Law (Section 8. Prohibited Acts, 8.1): This law makes it unlawful to represent engine fuels, non-engine fuels, or automotive lubricants "in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, and/or quality of such products."
While street sign postings are not mandatory in Colorado, if you choose to display prices on a street sign, those prices must align with what customers pay at the pump. This includes clearly indicating any associated discounts (e.g., "cash price") if the posted price reflects such a discount. The core principle is preventing deception and ensuring transparency for the consumer.
What to Do When Prices Don't Match
Despite your best efforts, discrepancies can sometimes occur. Here's a proactive approach to address them immediately:
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Immediate Correction: As soon as you identify a mismatch, the priority is to correct it, whether the street sign price is above or below the dispenser price.
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Turn off the Street Sign: If the street sign price cannot be corrected immediately, turn off the street sign until the mismatch can be corrected.
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Investigate the Cause: Once the immediate correction is made, determine why the discrepancy occurred. Was it a manual error, a system glitch, or an oversight during a price change? Understanding the root cause can help prevent future occurrences.
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Staff Training: Ensure all staff members are aware of the importance of price accuracy and the protocol for handling discrepancies. Regular training can reinforce these critical procedures.
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Regular Checks: Implement a routine schedule for checking street sign prices against dispenser prices, especially during price changes.
Consequences of Non-Compliance
Failing to ensure price consistency can lead to serious repercussions for your business, including:
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Legal Penalties: Violations of the aforementioned state laws and regulations can result in fines.
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Customer Complaints and Loss of Trust: Customers who feel deceived are likely to complain to the Division of Oil and Public Safety and, more importantly, will lose trust in your business. This can lead to a loss of loyal customers and damage to your reputation.
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Investigations and Inspections: Price discrepancies can trigger investigations and increased scrutiny from the Division of Oil and Public Safety.
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Negative Publicity: In today's interconnected world, negative customer experiences, especially those involving perceived deception, can quickly spread through social media and local news, severely impacting your business's image.
Maintaining accurate and consistent pricing between your street signs and fuel dispensers is not just a best practice, it's a legal obligation designed to ensure a fair marketplace. By understanding the regulations, implementing quick corrective measures, and establishing clear protocols, you can ensure compliance, build customer trust, and safeguard the reputation of your retail station.
Understanding the Change of Product Form for Petroleum Storage Tanks
As a retail station owner, ensuring the safe and compliant operation of your petroleum storage tanks is paramount. A critical document in this regard is the "Change of Product Form for Petroleum Storage Tanks" from the Division of Oil and Public Safety (OPS). This form is essential for maintaining compliance and preventing environmental hazards whenever you intend to change a product stored in your underground storage tanks (USTs) or aboveground storage tanks (ASTs).
What is the "Change of Product Form" and Why is it Important?
This form serves as an official notification to OPS about a change in the substance contained within your storage tanks. It's not just a formality; it's a vital part of regulatory oversight that ensures your facility remains in compliance with state regulations and that the new product can be safely stored and dispensed.
Key Sections of the Form and What You Need to Provide:
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Facility Information: This section requires basic details about your station, including your OPS Facility ID#, facility name, address, and phone number. You'll also need to specify whether you are changing products in USTs or ASTs.
Action for Owners: Accurately fill in all facility details.
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Contact Information: You'll need to provide the name, email address, and phone number of the person submitting the form, along with their contact type (Primary Contact, Owner/Operator, or Other).
Action for Owners: Ensure this information is up-to-date and accurate for effective communication with OPS.
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Change of Product Information: This is where you detail the specific changes. You'll need to provide the anticipated "Change of Product Date" and, for each tank, its capacity, the current product stored, and the new product you intend to introduce.
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Action for Owners: This section is crucial. Be precise about the date of the change and clearly identify both the current and new products for each tank.
Alternative/Renewable Fuel Compatibility: This section is of critical importance if the new product is an alternative or renewable fuel (e.g., fuel blend containing >10% ethanol or diesel blend containing >20% biodiesel). The Code of Federal Regulations (CFR Part 280.32) and the Colorado Petroleum Storage Tank Regulations (7 CCR 1101-14 §2-2-1(f) mandate that your entire storage system – including tanks, dispensers, piping, and containment sumps – must be compatible with the substance stored. You must indicate whether various components are listed by Underwriters Laboratories (UL) or approved by the manufacturer (MA) as compatible.
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Action for Owners: If you're switching to an alternative/renewable fuel, diligently assess and confirm the compatibility of all system components. This may require consulting with equipment manufacturers or certified technicians. Non-compliance can lead to serious safety issues and regulatory penalties.
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Pre-Transfer Checks for Alternative/Renewable Fuel: Even after compatibility is confirmed, there are essential checks that must be performed prior to transferring alternative/renewable fuel into the tank. These include:
- Ensuring the tank has been cleaned of ALL water and sediment.
- Obtaining a clean tank certificate or comparable documentation.
- Verifying all visible fittings & connections at the top of the tanks are tight.
- Confirming sump and spill containment covers are watertight.
- Ensuring fill port & access covers are clearly & correctly identified & painted according to API RP 1637.
- Adding dispenser labels to correctly identify the new product.
- Action for Owners: These steps are non-negotiable for the safe introduction of new fuels. Thoroughly complete each check and maintain proper documentation.
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Certification: Finally, you must certify that the information provided is true, accurate, and complete to the best of your knowledge by signing and dating the form.
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Action for Owners: Your signature signifies your responsibility for the accuracy of the information and your commitment to compliance.
When to Submit:
It is crucial to complete and submit this form to OPS within 30 days prior to changing the product in your storage tanks. This advance notification allows OPS to maintain accurate records and ensure your facility is prepared for the change.
By understanding and diligently completing the "Change of Product Form for Petroleum Storage Tanks," you contribute to the safe operation of your facility, protect the environment, and maintain compliance with Colorado's petroleum storage tank regulations. Don't overlook the importance of this form in your operational procedures. For any questions, contact OPS at 303-318-8525 or cdle_oil_inspection@state.co.us.
OPS has Two New Inspectors
We would like to welcome CJ Culbertson and Nick Edwards to the OPS team as our newest Oil Inspectors. CJ (charles.culbertson@state.co.us) will work in the southwest Denver metro area and Nick (nichalos.edwards@state.co.us) will be in Pueblo and southeast Colorado. Both come to OPS with diverse and thorough industry experience. Welcome them to the team next time you see them!
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Compliance Status Update – Third Quarter 2025 (as of 9/30/2025)
Storage Tanks Installed: 33 (includes liquefied and compressed gases)
Storage Tank Closures/Removals: 36
Technical Compliance Rate for USTs: 94.7%
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Update on Reformulated Gasoline Compliance
The U.S. Environmental Protection Agency's (EPA) Reformulated Gasoline (RFG) program mandates the use of cleaner-burning gasoline blends in the Denver Front Range area during the summer ozone season (June 1 to September 15) to lower ground-level ozone, commonly known as smog.
To monitor and ensure compliance with the RFG program, the OPS State Fuel Quality Laboratory worked together with State Oil Inspectors across the Denver Front Range area and found a high RFG compliance rate of 92.9% this year. We extend our sincere appreciation to the many retail station owners and operators for your diligence in complying with these regulations, which are crucial for cleaning the air we breathe and protecting public health in Colorado’s urban area.
As of September 12, 2025, the laboratory analyzed 210 gasoline fuel samples from 167 retail stations during this year’s ozone season and found 195 fuel samples to be in compliance, while 15 fuel samples failed to meet the maximum vapor pressure requirement of 7.4 psi. For the 15 non-compliant fuel samples, 9 resulted in courtesy notices, including laboratory reports and guidance on how to assure compliance moving forward, while five samples exceeded the vapor pressure requirements greatly and resulted in notices of violation, including sales prohibitions until corrective actions were taken.
Your commitment makes a significant difference in safeguarding our environment and community health. For any questions or to seek clarification on compliance, please do not hesitate to reach out to the Division of Oil and Public Safety.
Fuel Quality Lab - Third Quarter 2025
Fuel Samples Analyzed: 335
Analytical Compliance Rate: 96%
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Colorado Recognized Environmental Professional (CO-REP) Update
OPS wants to provide an update on the CO-REP Exam dates, with OPS moving into our new building at 707 17th Street, Suite 2400.
We are currently in the decommissioning phase of our move, which means we cannot host guests at our 633 17th Street location at this time. Therefore, we have to wait until we are settled in our new location. The earliest we will be able to host for CO-REP Testing will be the week of November 17th.
This will give all of you a little more time to get Quality Assurance Plans (QAPs) submitted.
OPS plans to provide two testing dates per week until the end of 2025 (pending the amount of interest and need). Additional information and instructions on getting to the new building, including any security measures (such as visitor badging), will be forthcoming.
Please be advised that OPS staff will take some time (several weeks) to review QAPs, and submission does not guarantee approval to take the CO-REP Exam. The earlier a QAP is submitted to beat the rush, the better the chances of getting an earlier CO-REP Exam date.
By January 1, 2026, all current REPs planning to retain their certification under the new CO-REP Program status must have taken and passed the CO-REP Exam.
Information on joining the CO-REP Program can be found on our CO-REP Program website.
For questions, please reach out to Mary White at marykv.white@state.co.us.
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Remediation Status Update – Third Quarter 2025 (as of 9/30/2025)
Confirmed Releases: 47
Closed Release Events: 34
Total Open Release Events: 553
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New Petroleum Storage Tank Committee Members
In October, the PSTC said goodbye to two longstanding committee members: Scott Paulson and Brett Redd. OPS would like to express our gratitude for their dedicated service on the PSTC, representing the independent retailers (Scott Paulson) and corrective action companies (Brett Redd). Their insights and leadership have been invaluable, and their efforts have greatly contributed to the advancement of our regulatory framework through the passing of several PSTC Policies.
In November, the PSTC will welcome two new members:
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Glen Vallance, of Fort Collins, will fill the Corrective Action Companies role on the PSTC. He will replace Brett Redd, who has fulfilled his term limit. Mr. Vallance will serve three years on the PSTC in this position. Mr. Vallance has over twenty years of proven experience as an Environmental Consultant, which includes technical expertise in Site Characterization, Compliance and Maintenance, Corrective Action Plan development and implementation, and Environmental Site Assessments. He holds a Bachelor of Science in Watershed Science from Colorado State University and is the Environmental Services Director for CGRS, Inc., where he manages the operations and personnel in CGRS’s Environmental Department.
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ODeana R. Wilson, of Aurora, will fill the Independent Retail Outlets role on the PSTC. She will replace Scott Paulson, as he has fulfilled his term limit. Ms. Wilson will serve 3 years on the PSTC in this position. Ms. Wilson worked for the Colorado Division of Oil and Public Safety (OPS) for eight years, playing a key role in enforcing underground and aboveground storage tank regulations. Additionally, Ms. Wilson has extensive experience working with retailers’ environmental and compliance programs to maintain strong relationships with regulatory agencies to support safe, compliant operations at fueling facilities. Currently, Ms. Wilson is the Corporate Environmental Manager for Alta Convenience, where she provides environmental compliance leadership for 162 retail fuel sites across seven states.
The PSTC will be welcoming Jennifer Steffes back for another term
Petroleum Storage Tank Fund Status Update – Third Quarter 2025
PSTF Balance (as of 9/30/2025): $5,000,000.00
Reimbursement Applications (PREQs) Received FY26: 185 PREQs
PREQs Average Days to Process (FY26): 68 days
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National Tanks Conference Recap
The 28th National Tanks Conference (NTC) was held in September in Spokane, Washington, and it was great to see several of Colorado’s tank owners, contractors, and consultants there. The NTC brings together storage tank inspectors, cleanup specialists, state and federal regulators, and industry representatives to network and learn about emerging issues, policy, equipment, and many other UST topics. OPS had several team members attend, presenting on topics including carbon-based remediation, natural source zone depletion, creative cleanup approaches, incentives for compliance, risk reduction, release source and cause, and ITRC resources. Watch the NTC website for presentations from the conference or for more information.
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