Underground Storage Tank Program Grant Guidelines
Draft For Public Comment Only - 4/10/O7
Operator Training
— 510D07002
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
EPA-510-D-07-002
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Underground Storage Tank Program Grant Guidelines Operator Training
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Contents
Overview Of Operator Training Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is In These Guidelines? 2
When Do These Guidelines Take Effect? 2
Operator Training Requirements 3
What Is Operator Training? 3
What Underground Storage Tank Systems Do These Guidelines Apply To? 3
How Does A State Implement These Guidelines? 3
Who Is Subject To Operator Training Requirements And What Are
The Requirements? 3
When Must Operators Be Trained? 7
What Training Approaches Would Meet The Operator Training Requirements? 8
What Enforcement Authority Must States Have For Operator Training? 8
How Will States Demonstrate Compliance With These Guidelines ? 9
How Will EPA Enforce State's Compliance With The Requirements In These
Guidelines? 9
For More Information About The Operator Training
Grant Guidelines 10
Background About The Energy Policy Act Of 2005 10
Appendix A: The Three Operator Classes At Glance A-1
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Overview Of Operator Training Grant Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection Agency (EPA), in consultation with states,
developed these grant guidelines to implement the operator training provision in Section
9010(a)(1) of the Solid Waste Disposal Act (SWDA), enacted by the Underground
Storage Tank Compliance Act, part of the 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. Section 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 existence when the guidelines are published.
• Training programs that are being used by tank owners and operators as of
August 8, 2005.
• The high turnover rate of tank 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 scope and length of training needed for the
three classes of operators.
• Such other factors as EPA finds necessary to carry out section 9010.
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Underground Storage Tank Program Grant Guidelines Operator Training
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Section 9010(b)(2) also requires each state receiving Subtitle I funding (hereafter
referred to as "state"), to develop state-specific training requirements that:
• Are consistent with EPA's guidelines.
• Are developed in cooperation with tank owners and operators.
• Consider training programs implemented by tank owners and operators as of
the date of enactment of state-specific operator training guidelines.
• Are appropriately communicated to tank owners and operators.
In addition, section 9010(c) requires that all persons who are subject to the
operator training requirements specified in these guidelines must:
• Meet the state-specific training requirements.
• Repeat the state-specific training 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 standard of 40 CFR 280 or a requirement 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 minimum requirements a state receiving Subtitle I funding
must meet in order to comply with the operator training provisions of the Energy Policy
Act.
What Is In These Guidelines?
These guidelines describe the minimum requirements a state's underground
storage tank (UST) program must contain in order for a state to comply with the section
9010 requirements for Subtitle I funding. These guidelines include: a description of the
classes of operators; required training for each class of operator; 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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Underground Storage Tank Program Grant Guidelines
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Operator Training
Operator Training Requirements
What Is Operator Training?
Underground storage tank operator training means any program that meets the
requirements of these guidelines. Such a program is designed to ensure knowledge
regarding operating and maintaining underground storage 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 regulation at 40 CFR Part 280.10(b) and those
deferred by regulation at 40 CFR 280.10(c).
How Does A State Implement These Guidelines?
A state implements these guidelines by:
• Exercising the authority to require operator training for all operators in each
class;
• Developing state-specific operator training requirements consistent with
EPA's guidelines within two years of EPA publishing these guidelines in the
Federal Register. 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 as of August 8, 2005; and
• Be appropriately communicated to tank owners and operators.
• Establishing a procedure to identify persons who are required to be trained
under the operator training requirements specified in these guidelines; and
• Ensuring all operators are trained in accordance with these guidelines.
States may choose to be more stringent than these minimum requirements.
Who Is Subject To Operator Training Requirements And What Are The
Requirements?
Three classes of operators (i.e., individuals) must be trained. These individuals
are:
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• Class A operator - Individuals having primary responsibility for on-site
operation and maintenance of underground storage tank systems.
• Class B operator - Individuals having daily on-site responsibility for the
operation and maintenance of underground storage tank systems.
• Class C operator - Daily on-site employees having primary responsibility for
addressing emergencies presented by a spill or release from an underground
storage tank system.
States must establish a procedure to identify individuals who are required to
meet the operator training requirements specified in these guidelines. For example, a
state may accomplish this by requiring that underground storage tank system owners or
operators identify, for each underground storage tank system, at least one name for
each class of operator outlined in these guidelines.
In accordance with the state's procedure to identify persons who are required to
be trained, each underground storage tank system must have a Class A, Class B, and
Class C operator designated. Individuals designated as a Class A, B, or C operator
must, at a minimum, be trained according to these guidelines. Separate individuals may
be designated for each class 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 class for
which he or she is designated. Class A, Class B, and Class C operators may or may
not be the owner or operator defined by 40 CFR 280.12.
These guidelines in no way relieve the owner or operator, as defined in 40 CFR
280, from any legal responsibility mandated by the federal underground storage tank
regulations or requirements of a state underground storage tank program approved by
EPA under SWDA section 9004.
The following sections of these guidelines characterize, in general terms, each
class of operator to further identify responsible individuals to be trained pursuant to
these guidelines. These sections also identify general training requirements pertaining
to operating and maintaining underground storage tank systems. Operators might
perform the operation or maintenance task or direct or monitor the required activity
performed by support or contract personnel. See Appendix A (The Three Operator
Classes At A Glance) which describes who fits in each operator class and the training
requirements. States must further specify training for each individual class of operator
by developing state-specific training requirements.
Class A Operator
Typically, a Class A operator will have primary responsibility to operate and
maintain the underground storage tank system. This individual manages resources and
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personnel, such as establishing work assignments, to achieve and maintain compliance
with regulatory requirements.
In general, this individual focuses on the broader aspects of the statutory and
regulatory requirements (i.e., 40 CFR 280 or requirements of a state underground
storage tank program approved by EPA under SWDA section 9004) necessary to
operate and maintain the underground storage tank system. For example, this
individual typically ensures that appropriate individual(s):
• Properly operate and maintain the underground storage tank system.
• Maintain appropriate records.
• Are trained to: operate and maintain the LIST system, and keep records.
• Properly respond to emergencies caused by releases or spills from
underground storage tank systems at the facility.
• Make financial responsibility documents available to the underground storage
tank implementing agency as required.
At a minimum, the Class A operator must be trained in the following:
• A general knowledge of both tank and piping requirements so he or she can
make informed decisions regarding compliance and ensure appropriate
individuals are fulfilling operation, maintenance, and recordkeeping
requirements of 40 CFR 280 or requirements of a state 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 documentation requirements.
Notification requirements.
Release and suspected release reporting.
Temporary and permanent closure requirements.
Operator training requirements.
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Class B Operator
Generally, a Class B operator implements applicable underground storage tank
regulatory requirements (i.e., 40 CFR 280 or requirements of a state underground
storage tank program approved by EPA under SWDA section 9004) in the field. This
individual focuses on day-to-day aspects of operating, maintaining, and recordkeeping
at the locations he or she is responsible for. For example, this individual typically
monitors, maintains, and ensures:
• Release detection method performance, recordkeeping, and reporting
requirements are met.
• Release prevention equipment, recordkeeping, 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 operator, training for the Class B operator
will provide a more in-depth understanding of operation and maintenance aspects, but
may cover a narrower breadth of applicable regulatory requirements.
States may require either site-specific operator training, which is focused only on
equipment used at the underground storage tank facility, or training regarding regulatory
requirements that, at a minimum, encompass the following:
• Components of underground storage tank systems.
• Materials of underground storage tank system components.
• Methods of release detection and release prevention applied to underground
storage tank components.
• Operation and maintenance requirements of 40 CFR 280 or requirements of a
state underground storage tank program approved by EPA under SWDA
section 9004 that apply to underground storage tank systems and include:
Spill prevention
Overfill prevention
Release detection
Corrosion protection
Emergency response
Product compatibility
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Underground Storage Tank Program Srant Guidelines Operator Training
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• Reporting and record keeping requirements.
• Class C operator training requirements.
Class C Operator
A Class C operator is an employee and is, generally, the first line of response to
events indicating emergency conditions. This individual is responsible for responding to
alarms or other indications of emergencies caused by spills or releases from
underground storage tank systems. This individual notifies the Class B or Class A
operator and appropriate emergency responders when necessary. Not all employees of
the facility are necessarily Class C operators. 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 operator 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 requirements by August 8, 2012, which is three years
after the date states are required to develop state-specific training requirements.
After August 8, 2012, states must require operators be trained as follows:
• Class A and B operators must be trained within 30 days or another
reasonable period specified by the state, 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.
States must require Class A and Class B operators, as appropriate, to repeat
relevant state-specific training requirements if their underground storage tank systems
are determined by the state to be out of compliance. At a minimum, an underground
storage tank system is out of compliance if the system:
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Underground Storage Tank Program Grant guidelines Operator
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• Does not meet EPA's Significant Operational Compliance requirements for
release prevention and release detection 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 retrained within a reasonable time frame established by the
state. At a minimum, retraining must include training of the areas determined not in
significant compliance.
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 approaches 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 state1 approval. The program may also
include in-class, on-line, or hands-on training. Such a program must include
an evaluation of operator knowledge. 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 examination designed to measure all aspects of operator
knowledge 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 training, the state may accept training conducted by a
trained Class A or Class B operator at the facility.
• Any combination of the above listed operator training approaches or
equivalent training approaches recognized by the state.
What Enforcement Authority Must States Have For Operator Training?
1 States may formally or informally establish criteria they deem appropriate 1o determine the suitability of any training provider or
curriculum of training courses provided.
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Underground Storage Tank Program Grant Guidelines Operator
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At a minimum, states must have enforcement authorities for their operator
training requirements comparable to those 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 describes the state's efforts to meet the
requirements. This document must include:
• A description of the state's activities to date to meet the requirements in
the guidelines;
• A description of the state's planned activities to meet the requirements;
and
• The date by which the state expects 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 State's Compliance With The Requirements In These
Guidelines?
As a matter of law, each state that receives funding under Subtitle I, which would
include a Leaking Underground Storage Tank (LUST) Cooperative Agreement, must
comply with certain underground storage tank requirements of Subtitle I. EPA
anticipates State and Tribal Assistance Grants (STAG) funds will be available for
inspection and other underground storage tank compliance activities. EPA will also
condition STAG grants with compliance with these guidelines. Absent a compelling
reason to the contrary, EPA expects to address noncompliance with these STAG grant
conditions by utilizing EPA's grant enforcement authorities under 40 CFR Part 31.43, as
necessary and appropriate.
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Underground Storage Tank Program Grant Guidelines Operator Training
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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 Policy Act of 2005. Title XV, Subtitle B of this act
(titled the Underground Storage Tank Compliance Act) contains amendments to Subtitle I of the Solid Waste Disposal
Act - the original legislation that created the underground storage tank (UST) program. These amendments
significantly affect federal and state underground storage tank programs, will require major changes to the programs,
and are aimed at reducing underground storage tank releases to our environment.
The amendments focus on preventing releases. Among other 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 states will work closely with tribes, other federal agencies,
tank owners and operators, and other stakeholders to bring about the mandated changes affecting underground
storage tank facilities.
To see the full text of this new legislation and for more information about EPA's work to implement the
underground storage tank provisions of the law, see: http://www.epa.gov/oust/fedlaws/nrg05 01 .htm
10
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Underground Storage Tank Program Grant Guidelines
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Operator Training
Appendix A: The Three Operator Classes At A Glance
The individual who
generally focuses on
the statutory and
regulatory
requirements related
to operating and
maintaining the
underground storage
tank system
Broad overview of
regulatory
requirements
The individual who is
generally responsible for
field implementation of
applicable underground
storage tank regulatory
requirements and
focuses on day-to-day
aspects of operating,
maintaining, and
recordkeeping at each
location for which he or
she is responsible
In-depth training on
implementing regulatory
requirements
"t s
The individual who
is generally the first
line of response to
events indicating
emergency
conditions or
responding to
alarms
Actions to take in
the event of a leak
or other emergency
c
• MM
£
2
i-
Q.
O
Q
Breadth of Training
A-l
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Read The Draft Operator Training Grant Guidelines
On April 10, 2007, EPA published the draft guidelines in the JixjOJ5cMme;r]Federal Register and is asking for
comments until May 10, 2007. View the draft guidelines. (PDF file, 13 pages, 122 Kbytes, About PDF files)
Submit Comments To EPA
You may use any of the following methods to provide comments. EPA encourages commentors to use e-mail,
but will accept all methods.
j How To Send Comments Where To Send Comments j By When
jvia e-mail JOUST Operator Traininq@e"pa.a"ov |E-mail received by May io,
A/ia facsimile J703-603-0175 fcooV™""" ^ "^ ^ °'
i JOUST Draft Operator Training Grant Guidelines i
i jc/o Tim R. Smith i
(Via overnight (such as Fed J2733 „ .. „ . D . (Accepted for delivery by
!Ex or UPS) or hand \D^m~v^^^ ^!L™ 'overnight or courier service
aNo* lding r
jdelivenes ^Room N-4354 ;by May 10, 2007
! [Arlington, VA 22202 I
: j(phone 703-603-71 58) j
j JOUST Draft Operator Training Grant Guidelines |
| jc/o Tim R. Smith ;
jVia U.S. Postal Service JU.S. EPA ^Postmarked by May 10,
Imail 11200 Pennsylvania Avenue, N.W. ;2007
! |Mailcode:5401P j
i Washington, D.C. 20460 i
Obtain Paper Copy Of The Draft
You may request paper copies of the draft operator training grant guidelines from the National Service Center
for Environmental Publications (NSCEP), EPA's publications distribution warehouse, by calling 1-800-490-9198;
writing to U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your request to NSCEP at 301-
604-3408. Ask for EPA 510 D-07-002, "Grant Guidelines To States For Implementing The Operator Training
Provision Of The Energy Policy Act Of 2005".
Request More Information
For more information about the draft operator training grant guidelines, contact Tim R. Smith at
smith, timr&.eoa. gov or 703-603-7158.
Background
Title XV, Section B of the Energy Policy Act of 2005 amends Subtitle I of the Solid Waste Disposal Act, the
original legislation that created the underground storage tank (UST) program. The UST provisions of the Energy
Policy Act focus on preventing releases and direct EPA to help states comply with new UST requirements. To
implement this new law, EPA and states, working closely with other stakeholders, developed Draft Operator
Training Grant guidelines. EPA is soliciting comments on the draft guidelines. After considering public
comments, EPA will issue final grant guidelines which EPA regions will incorporate into states' grant
agreements.
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