Underground Storage Tank Program Grant Guidelines Operator Training

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# Grant Guidelines To States For Implementing The Operator Training Provision Of The Energy Policy Act Of 2005

U.S. Environmental Protection Agency Office of Underground Storage Tanks Washington, D.C. 20460 www.epa.gov/oust August 2007

EPA-510-R-07-005Underground Storage Tank Program Grant Guidelines Operator Training

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### Contents

Overview Of Operator Training Grant Guidelines ..................................1 Why Is EPA Issuing These Guidelines? ...............

............... ............. ...........................1

What Is In Thes e Guideli nes?...................................................................................... 2

When Do These Guideli nes Take E ffect?.................................................................... 2



### Operator Training Requirements ........................................................................ 3 What Is Operat or Trai ning? ......................................................................................... 3 What Underground Storage Tank Systems Do These Guid elines Apply To?.............. 3 How Does A State Implement These Gui delines?....................................................... 3 Who Is Subject To Operator Trai ning Requirements And What Are

The R equirement s? ................................................................................................ 3 When Must Operator s Be Trai ned? ............................................................................. 7 What Training Approaches Would Meet T he Operator Training Requirements?......... 8 How May States Ensure All Operator s Are Trained In Accordance With

These Guidelines? ..................................................................................9 What Enforcement Authority Must Stat es Have For Oper ator Trai ning? ..................... 9 How Will States Demonstrate Comp liance With These Guidelines? ........................... 9 How Will EPA Enforce States' Compliance With The Requirements In These

Gui delines ?........................................................................................................... 10



### For More Information About The Operator Training

Grant Guidelines ..................................................................................................... 11 Background About The Ener gy Policy Ac t Of 2005 ................................................... 11



### Appendix: The Three Operator Classes At A Glance........................................A-1Underground Storage Tank Program Grant Guidelines Operator Training

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### Overview Of Operator Training Grant Guidelines

Why Is EPA Issuing These Guidelines?

The U.S. Environmental Protection Agen cy (EPA), in consultation with states, developed these grant guidelines as required by the operat or training provision in Section 9010(a) of the Solid Waste Disposal Act (S WDA), enacted by the Underground Storage Tank Compliance Act, part of t he Energy Policy Act of 2005 signed by President Bush on August 8, 2005.

Section 1524 of the Energy Policy Act amends Subtitle I of the Solid Waste Disposal Act by adding Section 9010. Sect ion 9010 requires EPA to publish guidelines that specify training requirements for three classes of operators:

• Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems.

• Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems.

• Daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.

Section 9010(a)(2) requires EPA to consider:

• State training programs in existenc e when the guidelines are published.

• Training programs that are being us ed by tank owners and operators as of August 8, 2005.

• The high turnover rate of t ank operators and other personnel.

• The frequency of improvement in underground storage tank equipment technology.

• The business in which tank operators are engaged.

• The substantial differences in the sc ope and length of training needed for the three classes of operators.

• Such other factors as EPA finds nece ssary to carry out Section 9010.

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Section 9010(b)(2) also requires each state receiving Subtitle I funding (hereafter referred to as “state”), to develop stat e-specific training requirements that:

• Are consistent with EPA’s guidelines.

• Are developed in cooperation with tank owners and operators.

• Consider training programs impl emented by tank ow ners and operators.

• Are appropriately communicated to tank owners and operators.

In addition, Section 9010(c) requires that all persons who are subject to the operator training requir ements specified in these guidelines must:

• Meet the state-specific training requirements.

• Repeat applicable requirements if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with a requirement or standar d of 40 CFR 280 or a r equirement or standard of a state program approved under Section 9004.

EPA’s Office of Underground Storage Tanks (OUST) is issuing these grant guidelines to establish the mi nimum requirements a state re ceiving Subtitle I funding must meet in order to comply with the operator training prov isions of the Energy Policy

Act.

What Is In These Guidelines?

These guidelines describe the minimu m requirements a state’s underground storage tank (UST) program must contain in or der for a state to comply with the Section 9010 requirements for Subtitle I funding. These guidelines incl ude: a description of the classes of operators; required training fo r each class of operat or; deadlines when operator training is required; and examples of acceptable state approaches to operator training.

When Do These Guidelines Take Effect?

These guidelines are effective August 8, 2007.

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### Operator Training Requirements

What Is Operator Training?

Underground storage tank oper ator training means any program that meets the requirements of these guidelines. Such a program is designed to ensure knowledge regarding operating and ma intaining underground stora ge tank systems.

What Underground Storage Tank Systems Do These Guidelines Apply To?

These guidelines apply to underground storage tank systems regulated under Subtitle I, except those excluded by r egulation at 40 CFR Pa rt 280.10(b) and those deferred by regulation at 40 CFR 280.10(c).

How Does A State Implement These Guidelines?

A state implements t hese guidelines by:

• Requiring operator training fo r all operators in each class.

• Developing state-specific operator training requirements consistent with EPA’s guidelines by August 8, 2009. State-specific operator training requirements must:

 Be developed in cooperation with tank owners and operators;

 Take into consideration training programs implemented by tank owners and tank operators; and

 Be appropriately communicated to tank owners and operators.

• Establishing a procedure to identify i ndividuals who are required to be trained under the operator training requirement s specified in these guidelines.

• Ensuring all operators are trained in a ccordance with these guidelines.

States may choose to be more stringent than these minimum requirements.

Who Is Subject To Operator Traini ng Requirements And What Are The Requirements?

For purposes of implementing the oper ator training requirements, these guidelines establish three cl asses of operators identified as Class A, Class B, and Class C. Each underground storage tank system or group of undergr ound storage tank systems at a facility must hav e a Class A, Class B, and Cla ss C operator designated. All individuals designat ed as a Class A, B, or C operator must, at a minimum, be trained according to these guidelines. Separate indi viduals may be designated for each class

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of operator described above or an individual may be designated to more than one of the above operator classes. An individual who is designated to more than one operator class must be trained in each operator cla ss for which he or she is designated. Because an individual may be designated for mo re than one operator class, states may allow a training approach that encompasses trai ning for more than one operator class.

States must establish a procedure to i dentify individuals who are required to meet the operator training r equirements specified in these guidelines. For example, a state may accomplish this by requiring t hat underground storage t ank system owners or operators identify, for each underground storage tank system or group of underground storage tank systems at a facilit y, at least one name for each class of operator outlined in these guidelines.

These guidelines in no way relieve the owner or operator, as defined in 40 CFR 280, from any legal responsibility mandat ed by the federal underground storage tank regulations or requirements of a state underground storage tank program approved by

EPA under SWDA Section 9004.

There may be occasions when a Class A, Class B, or Class C operator will not be present at the facility. For exampl e, operators are frequent ly not present at unmanned facilities, such as emergency gener ators at telecommunication towers and

card lock/card access facilities. Howeve r, these operators are still responsible for operation and maintenance activities or re sponding to emergencies and must be trained according to these guidelines.

To assist states in identifying responsib le individuals to be trained pursuant to these guidelines, the following sections characterize, in general terms, each class of operator. These sections al so identify general training requirements pertaining to operating and maintaining underground storage tank system s. See Appendix (The Three Operator Classes At A Glance) which describes the operat or classes and the objectives of training requirements. States must further specif y training for each individual class of operator by developing stat e-specific training requirements.

Class A Operator

A Class A operator has pr imary responsibility to operate and maintain the underground storage tank system. The Class A operator’s responsibilities include managing resources and personnel, such as est ablishing work assignments, to achieve and maintain compliance with r egulatory requirements.

In general, this individual focuses on t he broader aspects of the statutory and regulatory requirements and standards necessary to operate and maintain the underground storage tank system (i.e., 40 CFR 280 or requirements of a state

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underground storage tank progr am approved by EPA under SWDA Section 9004). For example, this individual typically ensur es that appropriate individual(s):

• Properly operate and maintain the underground storage tank system.

• Maintain appropriate records.

• Are trained to operate and maintain t he underground storage tank system and keep records.

• Properly respond to emergencies caused by releases or spills from underground storage tank system s at the facility.

• Make financial responsibility documents available to the underground storage tank implementing agency as required.

At a minimum, the Class A operator mu st be trained in the following:

• A general knowledge of underground stor age tank system requirements so he

or she can make informed decisi ons regarding compliance and ensure appropriate individuals are fulf illing operation, maintenance, and recordkeeping requirem ents and standards of 40 CF R 280 or requirements

and standards of a stat e underground storage tank program approved by EPA under SWDA Section 9004 regarding:

 Spill prevention

 Overfill prevention

 Release detection

 Corrosion protection

 Emergency response

 Product compatibility

• Financial responsibility doc umentation requirements.

• Notification requirements.

• Release and suspected release reporting.

• Temporary and permanent cl osure requirements.

• Operator traini ng requirements.

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Class B Operator

A Class B operator implements applicable u nderground storage tank regulatory requirements and standards (i.e., 40 CFR 280 or requirements of a state underground storage tank program appr oved by EPA under SWDA Section 9004) in the field. This individual implements day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more fac ilities. For example, this individual typically monitors, maintains, and ensures:

• Release detection method, recordkeeping, and reporting requirements are

met.

• Release prevention equipment, reco rdkeeping, and reporting requirements

are met.

• All relevant equipment complies with performance standards.

• Appropriate individuals are trained to properly respond to emergencies caused by releases or spills from underground storage tank systems at the facility.

Compared with training for the Class A oper ator, training for the Class B operator will provide a more in-depth understanding of operation and maintenance aspects, but may cover a more narrow breadth of app licable regulatory requirements.

States may require either site-specific oper ator training, which is focused only on equipment used at the underground storage tank facility, or broader training regarding regulatory requirements that, at a minimum, encompass the following:

• Components of underground storage tank systems.

• Materials of underground stor age tank system components.

• Methods of release detection and rel ease prevention applied to underground storage tank components.

• Operation and maintenance r equirements of 40 CFR 280 or requirements of a state underground storage tank progr am approved by EPA under SWDA Section 9004 that apply to underground storage tank systems and include:

 Spill prevention

 Overfill prevention

 Release detection

 Corrosion protection

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 Emergency response

 Product compatibility

• Reporting and recordkeeping requirements.

• Class C operator tr aining requirements.

Class C Operator

A Class C operator is an employee and is, gener ally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencie s caused by spills or releases from underground storage tank systems. This i ndividual notifies the Class B or Class A operator and appropriate emergen cy responders when necessary. Not all employees of the facility are necessarily Class C oper ators. This individual typically:

• Controls or monitors the dispensing or sale of regulated substances, or

• Is responsible for initial response to alarms or releases.

At a minimum, the Class C oper ator must be trained to:

• Take action in response to emergencies (such as, situations posing an immediate danger or threat to the public or to the environment and that require immediate action) or alarms caused by spills or releases from an underground storage tank system.

When Must Operators Be Trained?

States must ensure that Class A, Class B, and Class C operators are trained according to state-specific training require ments by August 8, 2012, which is three years after the date states are requi red to develop state-specific training requirements. A state may want to establish a schedule for phas ing in the training over this time.

After August 8, 2012, states must r equire operators be trained as follows:

• Class A and Class B operators must be trained within 30 days or another reasonable period specified by the st ate, after assuming operation and maintenance responsibilities at the underground storage tank system.

• Class C operators must be trained before assuming responsibility for responding to emergencies.

If a state determines an underground storage t ank system is out of compliance, appropriate operator(s) must be retrained. St ates may determine whether both Class A

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and Class B operators are retrained, or if only one class of operator (either Class A or Class B) is retrained. At a minimum, an underground storage tank system is out of compliance if the system:

• Does not meet EPA’s Sign ificant Operational Compliance requirements for release prevention and release de tection measures identified at: http://www.epa.gov/oust/cmplastc/soc.htm ; or

• Is not in significant compliance with other requirements, such as financial responsibility, as determined by the state.

Operators must be retrai ned within a reasonable time frame established by the state. At a minimum, retr aining must include training of the areas determined not in significant compliance. States requiring at least annual operator trai ning that covers all operator class requirements would meet retraining requirements.

What Training Approaches Would Meet The Operator Training Requirements?

Operator training must evaluate operator knowledge of the minimum training requirements described for each class of operator in these guidelines.

The following is a list of acceptable appr oaches to meet training requirements stated in these guidelines :

• An operator training program conducted or developed by the state or by a third party that has received prior state 1 approval. The program may include in-class, on-line, or hands-on training. Such a program must include an evaluation of operator k nowledge. Examples include testing, practical demonstration, or other tools determined as acceptable by the state.

• An appropriately administered and evaluated verification of operator knowledge (i.e., examination). This determination must be accomplished through an operator examinat ion designed to measure operator knowledge as required in these guidelines. The state or a third party acceptable to the state may administer this examination. The examination process must be acceptable to the state and reasonably determine the person tested has the necessary knowledge and skills to be considered competent to operate underground storage tanks.

• For Class C operator traini ng, the state may accept training conducted by a trained Class A or Class B operator.

1 States might need to establish criteria to determine the suitability of any training provider or curriculum of training courses provided.

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• To address operators responsible for underground storage tank systems in multiple states, states may develop a program that accepts operator training

verification from other states.

• Any combination of the above list ed operator training approaches or comparable training approaches recognized by the state.

How May States Ensure All Operators Ar e Trained In Accordance With These

Guidelines?

States must have a system in place fo r ensuring all operators are trained in accordance with these guidelines . The following are some examples for meeting this requirement.

• Require owners or operat ors maintain records documenting the training received for all Class A, Class B, and Class C operators either: at the underground storage tank site and immedi ately available for inspection by the implementing agency; or at a readily available alternative site and be provided for inspection to t he implementing agency upon request.

• Require owners or operat ors report Class A, Class B, and Class C operator compliance to the im plementing agency.

What Enforcement Authority Must States Have For Op erator Training?

At a minimum, states must have com parable enforcement authorities for their operator training requirements as they have for current underground storage tank requirements.

How Will States Demonstrate Compliance With These Guidelines?

After August 8, 2009, and before receiving future grant funding, states must provide one of the following to EPA:

• For a state that has met the requirements for operator training, the state must submit a certification indicating that the state meets the requirements in the guidelines.

• For a state that has not yet met the requirements for operator training, the state must provide a document that descr ibes the state’s e fforts to meet the requirements. This document must include:

 A description of the state’s activities to date to meet the requirements in the guidelines;

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 A description of the state’s planned ac tivities to meet the requirements;

and

 The date by which the state expec ts to meet the requirements.

EPA may verify state certifications of compliance through site visits, record reviews, or audits as authorized by 40 CFR Part 31.

How Will EPA Enforce States’ Complia nce With The Requirements In These

Guidelines?

As a matter of law, each state that receiv es funding under Subtit le I, which would include a Leaking Underground Storage Tank (LUST) Cooperative Agreement, must comply with certain underground storage tank requirements of Subtitle I. The Agency

will establish terms and conditions on grants and cooperative agreements for underground storage tank activities to require compliance with applicable requirements as a condition of funding. EPA will addr ess noncompliance with these terms and conditions by utilizing EPA's grant enforcement authorities under 40 CFR Part 31.43, as necessary and appropriate.

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### For More Information About The Operator Training Grant Guidelines

Visit the EPA Office of Underground Storage Tanks web site at www.epa.gov/oust or call 703-603-9900.

Background About The Energy Policy Act Of 2005

On August 8, 2005, President Bush signed the Energy Po licy Act of 2005. Title XV, Subtitle B of this act (titled the Underground Storage Tank Co mpliance Act) contains amendments to S ubtitle I of the Solid Waste Disposal Act – the original legislation that created the underground storage tank (UST) progr am. These amendments significantly affect federal and state underground storage tank programs, will re quire major changes to the programs, and are aimed at reducing underground storage tank releases to our environment.

The amendments focus on preventing releases. Among ot her things, they expand eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund and include provisions regarding inspections, operator training, delivery prohibition, secondary containment and financial responsibility, and cleanup of releases that contain oxygenated fuel additives.

Some of these provisions require implementation by August 2006; others will require implementation in subsequent years. To implement the new law, EPA and stat es will work closely with tribes, other federal agencies, tank owners and operators, and other stakeholders to bring about the ma ndated changes affecting underground storage tank facilities.

To see the full text of this new legislation and fo r more information about EPA’ s work to implement the underground storage tank prov isions of the law, see: http://www.epa.gov/oust/fedlaws/nrg05_01.htm

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### Appendix: The Three Operator Classes At A Glance

Class A Operator Class B Operator Class C Operator

Who fits this class of operator? The individual who generally focuses on the statutory and regulatory requirements related to operating and maintaining the underground storage tank system The individual who is generally responsible for field implementation of applicable underground storage tank regulatory requirements and implements day-to-day aspects of operating, maintaining, and recordkeeping for USTs

at one or more facilities The individual who is generally the first line of response to events indicating

emergency conditions or responding to

alarms

What is the objective of the training requirements? Ensure broad knowledge of regulatory requirements Ensure in-depth knowledge of implementing regulatory requirements Ensure knowledge

of actions to take in

the event of a leak or other emergency



## Class BDepth of Training 

### Breadth of Training



## Class A Class C

A-1