Underground Storage Tank Program Srant Guidelines Operator
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-07-005
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Underground Storage Tank Program Srant Guidelines Operator
Contents
Overview Of Operator Training Grant Guidelines 1
Why Is EPA Issuing These Guidelines? 1
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
How May States Ensure All Operators Are Trained In Accordance With
These Guidelines? 9
What Enforcement Authority Must States Have For Operator Training? 9
How Will States Demonstrate Compliance With These Guidelines? 9
How Will EPA Enforce States' Compliance With The Requirements In These
Guidelines? 10
For More Information About The Operator Training
Grant Guidelines 11
Background About The Energy Policy Act Of 2005 11
Appendix: The Three Operator Classes At A Glance A-1
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Underground Storage Tank Program Srant Guidelines Operator
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 as required by the operator training provision in
Section 9010(a) 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 Srant Guidelines Operator
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.
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 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 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 Srant Guidelines Operator
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:
Requiring operator training for 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 individuals who are required to be trained
under the operator training requirements specified in these guidelines.
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?
For purposes of implementing the operator training requirements, these
guidelines establish three classes of operators identified as Class A, Class B, and Class
C. Each underground storage tank system or group of underground storage tank
systems at a facility must have a Class A, Class B, and Class C operator designated.
All 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
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Underground Storage Tank Program Srant Guidelines Operator
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.
Because an individual may be designated for more than one operator class, states may
allow a training approach that encompasses training for more than one operator class.
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 or group of underground
storage tank systems at a facility, 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 mandated 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 example, operators are frequently not present at
unmanned facilities, such as emergency generators at telecommunication towers and
card lock/card access facilities. However, these operators are still responsible for
operation and maintenance activities or responding to emergencies and must be trained
according to these guidelines.
To assist states in identifying responsible individuals to be trained pursuant to
these guidelines, the following sections characterize, in general terms, each class of
operator. These sections also identify general training requirements pertaining to
operating and maintaining underground storage tank systems. See Appendix (The
Three Operator Classes At A Glance) which describes the operator classes and the
objectives of training requirements. States must further specify training for each
individual class of operator by developing state-specific training requirements.
Class A Operator
A Class A operator has primary responsibility to operate and maintain the
underground storage tank system. The Class A operator's responsibilities include
managing resources and 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 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 Program Srant Guidelines Operator
underground storage tank program approved by EPA under SWDA Section 9004). 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 underground storage tank 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 underground storage tank system requirements so he
or she can make informed decisions regarding compliance and ensure
appropriate individuals are fulfilling operation, maintenance, and
recordkeeping requirements and standards of 40 CFR 280 or requirements
and standards 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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Underground Storage Tank Program Srant Guidelines Operator
Class B Operator
A Class B operator implements applicable underground storage tank regulatory
requirements and standards (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 implements day-to-day aspects of operating, maintaining, and recordkeeping
for underground storage tanks at one or more facilities. For example, this individual
typically monitors, maintains, and ensures:
Release detection method, 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 more narrow 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 broader 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
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Underground Storage Tank Program Srant Guidelines Operator
Emergency response
Product compatibility
Reporting and recordkeeping 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. A
state may want to establish a schedule for phasing in the training over this time.
After August 8, 2012, states must require operators be trained as follows:
Class A and Class 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.
If a state determines an underground storage tank system is out of compliance,
appropriate operator(s) must be retrained. States may determine whether both Class A
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Underground Storage Tank Program Srant Guidelines Operator
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 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. States requiring at least annual operator training 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 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 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 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 training, 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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Underground Storage Tank Program Srant Guidelines Operator
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 listed operator training approaches or
comparable training approaches recognized by the state.
How May States Ensure All Operators Are Trained In Accordance With These
Guidelines?
States must have a system in place for ensuring all operators are trained in
accordance with these guidelines. The following are some examples for meeting this
requirement.
Require owners or operators maintain records documenting the training
received for all Class A, Class B, and Class C operators either: at the
underground storage tank site and immediately available for inspection by
the implementing agency; or at a readily available alternative site and be
provided for inspection to the implementing agency upon request.
Require owners or operators report Class A, Class B, and Class C operator
compliance to the implementing agency.
What Enforcement Authority Must States Have For Operator Training?
At a minimum, states must have comparable 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 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;
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Underground Storage Tank Program Srant Guidelines Operator
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 States' 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. 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 address 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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Underground Storage Tank Program Srant Guidelines Operator
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 (LIST) 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/nrq05 01.htm
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Underground Storage Tank Program Grant Guidelines
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