Current through Register Vol. 35, No. 6, March 26, 2024
A. Training elements. Training materials must
be updated within 90 days of the effective date of the regulations. The
following topics shall be covered in approved training courses for class A and
class B operators:
(1) general overview of
department UST and AST program, to include emergency generator systems, airport
hydrant systems, USTs with field-constructed tanks, hybrid storage tank
systems, any other storage tank system regulated under 20.5 NMAC, and
administrative requirements, including:
(a)
registration forms and certificates, and process for filing and modifying
them;
(b) notification process and
general technical requirements for new installations, repairs, replacements and
modifications;
(c) confirmed and
suspected releases (including confirmation steps for suspected releases),
monthly monitoring or release detection test failures, and other system
failures that may indicate a release of regulated substance has or is
occurring;
(d) annual tank fees and
invoicing process;
(e) general
requirements for maintaining and demonstrating financial
responsibility;
(f) department
process for inspections and technical assistance resources available, including
written checklists required in 20.5.104.409 NMAC; and
(g) enforcement process for
violations;
(2) general
overview of other regulations pertaining to ASTs, USTs, and any other storage
tank systems regulated under 20.5 NMAC, including but not limited to, fire
codes, occupational health and safety, and any related industry practices
pertaining to safety;
(3) spill
prevention and overfill protection:
(a) rule
requirements, including record keeping;
(b) equipment requirements;
(c) periodic inspection and testing
requirements; and
(d) operation and
maintenance records and reporting requirements;
(4) containment sumps:
(a) rule requirements, including record
keeping;
(b) equipment
requirements;
(c) periodic
inspection and testing requirements; and
(d) operation and maintenance records and
reporting requirements;
(5) release detection: for each type of
release detection method listed and approved in 20.5.108 NMAC for UST systems,
and 20.5.111 NMAC for AST systems:
(a) rule
requirements, including record keeping;
(b) monitoring and equipment requirements,
including third party approval requirements;
(c) periodic inspection and testing
requirements; and
(d) operation and
maintenance records and reporting requirements;
(6) corrosion protection:
(a) rule requirements, including record
keeping and reporting requirements;
(b) equipment requirements; and
(c) operation and maintenance needs,
including periodic inspections and testing;
(7) walk-through inspection requirements to
include rule requirements and recordkeeping;
(8) classes of operators and operator
training requirements, including designation and certification;
(9) temporary and permanent closure
requirements:
(a) rule requirements, including
record keeping;
(b) return to
service;
(c) site assessment;
and
(d) change in
service;
(10) general
requirements for tank installer and junior installer certification and tester
requirements:
(a) rule requirements,
including record keeping;
(b) when
certified installers are required;
(c) qualification for testers; and
(d) how to find certified installers and
verify certified status.
B. Training standards. In determining whether
to approve any trainer or training, the department shall consider the
following:
(1) whether the trainer is a
third-party, in-house, educational institution or other;
(2) whether the trainer will offer training
in multiple locations throughout the state, regionally or locally;
(3) how often the trainer will offer
training;
(4) what fee (if any) the
trainer will charge;
(5) whether
the trainer will offer classes only to employee or in-house operators, to the
general public, or to independent contract operators.
C. Training options may cover all or a
portion of the required elements, and may include:
(1) live training sessions in a classroom
setting or at a storage tank system;
(2) internet or computer training program;
or
(3) any other equivalent
training method approved by the department.
D. Application for approval of training
class. Trainers shall apply to the department for approval of training classes.
An application for approval of training class shall include at a minimum:
(1) name, address and contact information of
the proposed trainer;
(2) detailed
description of the proposed trainer's experience, education and qualifications
to conduct training;
(3) agenda and
materials to be used for the proposed class that shall include the elements
required in this section;
(4) final
tests or other proposed methods of evaluating attendee success;
(5) copies of proposed documentation to
certify successful attendees as certified operators as required in 20.5.104.412
NMAC and to be used for the monthly and annual inspections required in
20.5.104.409 NMAC;
(6) the proposed
fee schedule for the training class; and
(7) the proposed calendar for the proposed
training classes that includes location and frequency.
E. Applications for approval of training
classes shall only be accepted during the months of January and
October.
F. The department shall
evaluate applications for approval of training classes and provide a written
approval, denial or request for additional information within the following
timeframes:
(1) within 90 days of receipt of
the original application;
(2) if
the original application is denied and a second application is submitted,
within 60 days of receipt of the second application; and
(3) if the second application is denied and a
third application is submitted, within 60 days of receipt of the third
application.
G. If the
department has denied an application three times pursuant to Subsection F
above, the applicant shall not re-submit an application for a period of one
year from the date of receipt of the third denial.
H. The department may periodically audit or
review any training class, and the trainer shall allow a maximum of two
department employees to attend any training class on request without charge and
without certification (except a reasonable charge for copying and materials).
Upon an audit, the department may require the trainer to update or amend the
training material.
I. The
department may revoke approval of a training class if it determines that the
trainer is not performing adequately or has misrepresented information about
the content of the course material.
[The department provides a form for application for approval
of a training class, available on the petroleum storage tank bureau's pages on
the department website or by calling the department at 505-476-4397 or by
writing to the Petroleum Storage Tank Bureau at 2905 Rodeo Park Drive East,
Building 1, Santa Fe, New Mexico 87505, Santa Fe, New Mexico. Owners shall
submit applications for approval of the training to the
bureau.]
