DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau f Envirnmental Cleanup and Brwnfields DOCUMENT ID: 263-2300-001 TITLE: Undergrund Strage Tank Class A and Class B Operatr Training Curses EFFECTIVE DATE: September 8, 2012 AUTHORITY: POLICY: PURPOSE: The Strage Tank and Spill Preventin Act, P.L. 169, N. 32 f 1989, as amended (Tank Act) and 25 Pa. Cde, Chapter 245 (Strage Tank Regulatins). This plicy describes the circumstances under which Class A and Class B peratrs f undergrund strage tanks are required t be trained r retrained and the training curse apprval prcess fr training prviders. Strage Tank Regulatins require that undergrund strage tank peratrs be designated by tank wners and trained as sn as practicable, cntingent upn availability f apprved training prviders, but nt later than August 8, 2012 (See 245.436 relating t peratr training.). There are three distinct classes f peratrs: Class A, B and C. Class A and Class B peratrs require frmal training, testing and certificatin f training cmpletin. This dcument prvides guidance n training required fr Class A and Class B peratrs and Department f Envirnmental Prtectin (Department r DEP) apprval f related training curses and training prviders. APPLICABILITY: DISCLAIMER: This guidance is applicable t undergrund strage tank wners, peratrs, training curse prviders, DEP-certified (third-party) inspectrs and DEP strage tank prgram staff. The plicies and prcedures utlined in this guidance are intended t supplement existing requirements. Nthing in the plicies r prcedures shall affect regulatry requirements. The plicies and prcedures herein are nt an adjudicatin r a regulatin. There is n intent n the part f DEP t give the rules in these plicies that weight r deference. This dcument establishes the framewrk within which DEP will exercise its administrative discretin in the future. DEP reserves the discretin t deviate frm this plicy statement if circumstances warrant. PAGE LENGTH: 7 pages 263-2300-001 / September 8, 2012 / Page i
Undergrund Strage Tank Operatr Training BACKGROUND. On August 8, 2005, the Energy Plicy Act f 2005 (Energy Act) was signed int law. Title XV, Subtitle B f the Energy Act (entitled the Undergrund Strage Tank Cmpliance Act) cntains amendments t Subtitle I f the Slid Waste Dispsal Act the riginal legislatin that created the federal undergrund strage tank (UST) prgram. This law change significantly affects bth federal and state undergrund strage tank prgrams. It is aimed at preventing and reducing undergrund strage tank releases t the envirnment and imprving wner and peratr cmpliance with state and federal regulatry requirements. The Energy Act requires the U.S. Envirnmental Prtectin Agency (EPA) t develp guidelines fr states t implement peratr training requirements fr USTs. On August 8, 2007, EPA published guidelines t states fr implementing UST peratr training requirements. The EPA guidelines established three distinct classes f peratrs and utlined specific requirements fr each f the classes. On December 26, 2009, the Department s Strage Tank Regulatins were amended and peratr training requirements were adpted in new 245.436. Requirements fr training curse apprvals and requirements fr mandatry training r retraining f peratrs already existed in 245.141 (relating t training apprval) and 245.411 (relating t inspectin frequency). This guidance dcument includes additinal infrmatin abut peratr training requirements fr Class A and Class B peratrs and fr training curse apprvals, cnsistent with the Cmmnwealth s Strage Tank Regulatins. Fr Class C peratrs, see 245.436. DEFINITIONS, TERMS AND ABBREVIATIONS. See the Strage Tank Regulatins, sectin 245.1 (Definitins) fr ther terms nt specifically described in this guidance sectin. Class A peratr A Class A peratr has primary respnsibility t perate and maintain the UST system and facility. The Class A peratr s respnsibilities typically include managing resurces and persnnel, such as establishing wrk assignments, t achieve and maintain cmpliance with regulatry requirements. In general, this persn fcuses n the brader aspects f the statutry and regulatry requirements and standards necessary t prperly perate and maintain the UST system and facility. (Als see 245.436(b)(1)(i) (iv).) Class B peratr A Class B peratr implements applicable UST regulatry requirements and standards in the field r at the strage tank facility. This persn versees and implements the day-t-day aspects f peratins, maintenance and recrdkeeping fr USTs at ne r mre facilities. Fr example, the peratr ensures that release detectin methds, release preventin equipment and related recrdkeeping and reprting requirements are met, relevant equipment manufacturer s r third-party perfrmance standards are available and fllwed, and apprpriate persns are trained t prperly respnd t ptential emergencies caused by releases r spills frm UST systems at the facility. (Als see 245.436(b)(2)(i) (iv).) Training curse prvider An industry prfessinal, whse qualificatins and related training curse applicatin have been apprved by the Department under 245.141. This persn may be affiliated with the strage tank wner r a related industry assciatin r grup that will prvide Class A r Class B peratr training services. GUIDANCE. The Department will rely primarily n industry prfessinals t prvide frmal training curses required under Chapter 245 fr UST Class A and Class B peratrs. Tank wners are 263-2300-001 / September 8, 2012 / Page 1
encuraged t wrk with strage tank assciatins and grups t btain services frm training prviders fr their Class A and Class B peratrs. Several assciatins and grups have expressed an interest in assisting tank wners t cmply with peratr training prvisins with the intent t keep csts dwn thrugh grup rates and ther market factrs. Training prviders and related training curses fr Class A and Class B peratrs must be apprved by the Department prir t cnducting frmal training curses fr Class A r Class B peratrs in the Cmmnwealth. The Department may recgnize peratr training apprved by ther states fr tank wners wh have strage tank facilities with Class A and Class B peratrs bth in the Cmmnwealth and in neighbring states. Hwever, the ther state s peratr training prgram must als be apprved by EPA as meeting EPA guidelines t states fr UST peratr training. Initial training f Class A and Class B peratrs By August 8, 2012, all regulated UST facilities in the Cmmnwealth, hlding a valid UST perating permit issued by the Department, must have designated Class A and Class B peratrs wh have successfully cmpleted initial peratr training curses apprved r recgnized by DEP. Any UST facility registered with the Department after this date must have designated and trained Class A and Class B peratrs prir t filling any UST with a regulated substance r perating the facility, unless therwise agreed upn by the Department. When a Class A r Class B peratr is replaced, a new peratr must be designated and trained within 30 days, unless therwise agreed upn by the Department. The Department may recgnize persns receiving related training as meeting initial Class A r Class B peratr training requirements. These individuals include: Persns hlding current UST installer (UMX-categry) r UST inspectr (IUM-categry) certificatin issued by the Department (See prvisins n peratr classes at 245.436(b)(1)(iv) and (b)(2)(iv).); r Persns hlding current peratr training certificatin frm anther state, which is als apprved by EPA as meeting EPA guidelines t states fr UST peratr training (See reciprcity prvisins at 245.436(c)(5).). Mandatry retraining f Class A and Class B peratrs When an UST facility is fund thrugh inspectin, after August 8, 2012, t have vilatins that result in failure t meet EPA guidelines fr significant peratinal cmpliance, as determined by the Department, peratr retraining is mandatry. The inspectin may be cnducted by DEP strage tank prgram staff r by a DEP-certified (third-party) inspectr and reviewed by DEP. The Department will determine if the Class A peratr r the Class B peratr, r bth, must be retrained and the extent f the retraining. The Department may direct that the peratr r peratrs successfully cmplete (r retake) an UST peratr training curse apprved under 245.141 in accrdance with 245.411(d). The Department may chse t rely n less frmal retraining r nsite training at the strage facility by the inspectr (prgram staff r DEP-certified third-party) fr cmpliance matters that can be easily cnveyed t the peratr, and where the peratr s understanding can be assessed and cmpliance is achieved (vilatin crrected). In such cases, the inspectr must anntate n the inspectin reprt, as utlined in the Department s guidance fr inspectrs: the instructins that were prvided t the peratr, the peratr s acknwledgement (measure f understanding f the related regulatry requirement), and hw the vilatin was crrected (See Guidance N. 263-3120-003 Guidelines fr Cnducting Undergrund Strage Tank (UST) Facility Operatins Inspectins (FOI) and Guidance N. 257-3120-002 Strage 263-2300-001 / September 8, 2012 / Page 2
Tank Prgram Internal Plicy n Inspectins and On-Site Visits. ). Examples f vilatins that may be easily handled thrugh nsite r less frmal mandatry retraining include: Overdue fr annual testing f line-leak detectrs (LLD) Overdue fr annual testing f autmatic tank gauges (ATG) Overdue fr peridic testing f crrsin prtectin equipment Criteria fr training curse (and training curse prvider) apprval Persns seeking t becme training prviders fr UST Class A and/r Class B peratrs in the Cmmnwealth must submit an applicatin t the Divisin f Strage Tanks fr Department apprval f each peratr training curse. The Department requests that persns utilize the Strage Tank Training Curse Apprval Applicatin (2630-PM-BECB0402). Training curses fr Class A peratrs must cnfer a brad scpe f knwledge n the subject areas addressed in Appendix A. Training curses fr Class B peratrs must prvide mre in-depth knwledge n specific subject areas addressed in Appendix B. Als refer t required training prvisins at 245.436(c). Applicatins shuld be submitted at least 120 days prir t the first scheduled date f training and must be apprved by the Department befre training may be cnducted (See 245.141.). Applicatins must include the fllwing infrmatin: The name and address f the persn ffering the training; Telephne number f applicant and cntact persn, if different than applicant; Title f training curse r curses (UST Class A and/r Class B peratr); Training curse instructr(s) including: Any title (Executive Vice President, Technical Directr, Owner, etc.); Affiliatin (cmpany, grup r assciatin); Prfessinal backgrund f each curse instructr; Detailed utline f each training curse including: Descriptin f subject matter t be presented; The rder f presentatin; Amunt f time scheduled fr the curse presentatin and breakdwn f times spent n specific areas f instructin; Training aids, devices and handuts used fr the presentatin; 263-2300-001 / September 8, 2012 / Page 3
A narrative describing the preparatin and administratin f test t be given at the cnclusin f each training curse, including: Prcedures fr cnducting and grading test (include hands-n practical demnstratin f knwledge at the strage tank site, if applicable); Passing grade level fr the training curse and any prcedure fr review f failing areas and retesting fr peratrs wh fail t achieve an initial passing grade; Prvide examples r a sampling f test questins. Prvide an example f the certificate f cmpletin that the training prvider will issue t each peratr wh successfully cmpletes the entire training curse and receives a passing grade n the curse examinatin (test). Submit training curse (and training curse prvider) applicatins t: Appendices: PA Department f Envirnmental Prtectin Bureau f Waste Management Divisin f Strage Tanks P.O. Bx 8763 Harrisburg, PA 17105-8763 A Required Training Subjects fr Class A Operatrs B Required Training Subjects fr Class B Operatrs 263-2300-001 / September 8, 2012 / Page 4
Appendix A Required Training Subjects fr Class A Operatrs Class A peratr training includes a general brad knwledge f undergrund strage tank (UST) system requirements and regulatins. Training must prvide infrmatin that shuld enable the Class A peratr t make infrmed decisins regarding regulatry cmpliance and t ensure that apprpriate persns are fulfilling peratin, maintenance and recrdkeeping requirements and standards f Chapter 245, including the fllwing subject areas: Spill and verfill preventin Release detectin and related reprting requirements Recrdkeeping requirements Crrsin prtectin Emergency respnse Suspected r cnfirmed release investigatin and related reprting Prduct and equipment cmpatibility Financial respnsibility and related Undergrund Strage Tank Indemnificatin Prgram Ntificatin and strage tank registratin requirements, including DEP permitting Temprary and permanent tank system clsure requirements Overview f Class B and Class C peratr requirements 263-2300-001 / September 8, 2012 / Page 5
Appendix B Required Training Subjects fr Class B Operatrs Class B peratr training includes in-depth knwledge and understanding f the peratin and maintenance aspects f undergrund strage tank (UST) systems and related regulatry requirements. Training must prvide specific infrmatin n the cmpnents f UST systems, materials f cnstructin, methds f release detectin and release preventin applied t UST systems and cmpnents. Training must address peratin and maintenance requirements f Chapter 245, including the fllwing subject areas: Spill and verfill preventin Release detectin, methds and related reprting requirements Crrsin prtectin and related testing Emergency respnse Prduct and equipment cmpatibility Reprting and recrdkeeping requirements Manufacturer s equipment maintenance requirements Class C peratr training requirements and instructins 263-2300-001 / September 8, 2012 / Page 6