In August of 2005, President Bush signed the Energy Policy Act of 2005. Title XV of this act, the Underground Storage Tank Compliance Act of 2005, contains amendments to Subtitle I of the Resource Conservation and Recovery Act; the original legislation that created the underground storage tank (UST) program. This new law significantly affects federal and state underground storage tank programs and requires major changes to the program. Owners and operators of USTs will be impacted by the changes the Environmental Protection Agency and the states make in their underground storage tank programs as a result of the law. Specifically, states must develop operator training requirements consistent with the EPA Underground Storage Tank Compliance Act by August 8, 2009.
The Energy Policy Act of 2005 developed minimum training requirements for the training of three classes of operators in order to increase the awareness of environmental and operational safety at facilities operating USTs. The 3 classes of operators are:
- Persons having primary responsibility for on-site operation and maintenance (O&M) of USTs;
- Persons having daily on-site responsibility for the O&M of USTs; and
- Daily, on-site employees having primary responsibility for addressing emergencies presented by a spill/release.
Class A
Class A operators have the responsibility to operate and maintain the USTs; manage resources & personnel; establish work assignments; achieve and maintain compliance with regulatory requirements; maintain appropriate records; properly respond to emergencies caused by spills; and make financial responsibility documents available to the UST implementing agency as required.
Class A operators shall be trained in general knowledge of USTs to make informed decisions regarding compliance, maintenance, and operations, as well as:
- Overfill prevention
- Release detection
- Corrosion protection
- Emergency response
- Product compatibility
- Financial responsibility documentation
- Notification requirements
- Release Reporting
- Temporary and permanent closure
- Spill prevention
Class B
Class B operators are considered to have the responsibility to implement day-to-day aspects of operating, maintaining, and recordkeeping. This individual typically monitors, maintains, and ensures that the following are met:
1) Release detection method, recordkeeping, and reporting;
2) Release prevention equipment recordkeeping and reporting; and
3) Proper training to respond to emergencies caused by releases.
Class B operator training provides a more in-depth understanding of operations and maintenance, and may cover a more narrow breath of regulatory knowledge. States may require site-specific training while some may require broader training regarding regulatory requirements. At a minimum, training will encompass the following:
- Components of the USTs
- Materials of the USTs
- Spill & Overfill Prevention
- Corrosion Protection
- Emergency Response
- Product Compatibility
- Reporting and Recordkeeping Requirements
- Methods of Release Detection and Prevention
- Class C Operator Training
Class c
Class C operators are considered the employees and generally the first line of response to events indicating emergency conditions. This individual will notify the Class B or Class A operator. Not all employees of a facility are necessarily Class C operators.
Class C operators are trained at a minimum of taking action in response to emergencies or alarms caused by spills.
Deadlines
The following deadlines must be met:
- August 8, 2009. States must develop state-specific training consistent with EPA guidelines. As of July, ten states have been approved by the EPA so far; they are Arizona, Colorado, California, Idaho, Kansas, New Mexico, Oklahoma, Oregon, West Virginia, and Wyoming.
- August 8, 2012. States must ensure all three operator classes are trained.
After August 8, 2012 states must require operators be trained as follows:
Class A & B operators must be trained within 30 days after assuming operations and maintenance responsibilities; and Class C operators must be trained before assuming responsibility.
In order to prepare a training program for UST operators the following training approach is required:
- A training program conducted or developed by the state or by a state-approved third party;
- May include in-class, on-line, or hands-on training;
- Should be site-specific;
- Shall include an evaluation of operator knowledge; i.e. testing. The state or third party may administer this examination;
- The examination process must be accepted by the state; and
- For Class C operators, the state may accept training conducted by Class A & Class B operators.
Check with the local state environmental agency for its approved training program requirements and third-party approved firms.
About the Author
Gary Mazza has served the aviation industry for 30 years in fuel operations and environmental issues, including environmental compliance reviews, chemical and petroleum bulk storage tank permitting, and preparing contingency plans such as SPCC Plans, Facility Response Plans, Emergency Response Plans and Storm Water Pollution Prevention Plans. Gary leads the environmental compliance market sector and heads up the sustainability task force as vice president for P. W. Grosser Consulting, Inc. Reach him at [email protected].
