Current through Bulletin 2024-06, March 15, 2024
(1) To meet the operator training requirement
42 USC Section
6991i of the Solid Waste Disposal Act as
amended by the Energy Policy Act of 2005, each UST facility must have UST
facility operators that are trained and registered according to the
requirements of this section.
(2)
Each facility must have three classes of operators: A, B, and C.
(a) a facility may have more than one person
designated for each operator class.
(b) an individual acting as a Class A or B
operator may do so for more than one facility.
(3) The UST owner or operator must provide
documentation to the director to identify the Class A, B, and C operators for
each facility.
(a) if an owner or operator
does not register and identify Class A, B, and C operators for a facility, the
certificate of compliance for the facility may be revoked for failure to
demonstrate substantial compliance with all applicable state and federal
statutes, rules, and regulations.
(4) New Class A and B operators must be
trained and registered within 30 days of assuming responsibility for an UST
facility.
(5) New Class C operators
must be trained before assuming the responsibilities of a Class C
operator.
(6) The Class A operator
shall be an owner, operator, employee, or individual designated under
Subsection R311-201-12(6)(b).
(a) the Class A
operator has primary responsibility for the broader aspects of the statutory
and regulatory requirements and standards necessary to operate and maintain the
UST system. The Class A operator must:
(i)
have a general knowledge of UST systems;
(ii) ensure that UST records are properly
maintained according to 40 CFR 280;
(iii) ensure that yearly UST fees are
paid;
(iv) ensure proper response
to and reporting of emergencies caused by releases or spills from
USTs;
(v) make financial
responsibility documents available to the director as required; and
(vi) ensure that Class B and Class C
operators are trained and registered.
(b) an owner or operator may designate a
third-party Class B operator as a Class A operator if:
(i) the UST owner or operator is a financial
institution or person who acquired ownership of an UST facility solely to
protect a security interest in that property and has not operated the USTs at
the facility;
(ii) all USTs at the
facility are properly temporarily closed in accordance with
40 CFR 280.70
and Section
R311-204-4;
and
(iii) all USTs at the facility
are empty in accordance with
40 CFR
280.70(a).
(7) The Class B
operator must implement routine daily aspects of operation, maintenance, and
recordkeeping for UST systems.
(a) the Class B
operator shall be an owner, operator, employee, or third-party Class B
operator. The Class B operator must:
(i)
ensure that on-site UST operator inspections are conducted according to the
requirements of Section
R311-203-7;
(ii) ensure that UST release detection is
performed according to 40 CFR 280 subpart D;
(iii) ensure that the status of the UST
system is monitored for alarms and unusual operating conditions that may
indicate a release;
(iv) document
the reason for an alarm or unusual operating condition identified in Subsection
R311-201-12(7)(iii), if it is not reported as a suspected release according to
40 CFR
280.50;
(v) ensure that appropriate release detection
and other records are kept according to
40 CFR
280.34 and
280.45,
and are made available for inspection;
(vi) ensure that spill prevention, overfill
prevention, and corrosion protection requirements are met;
(vii) be on site for facility compliance
inspections, or designate another individual to be on site for
inspections;
(viii) ensure that
suspected releases are reported according to the requirements of
40 CFR
280.50; and
(ix) ensure that Class C operators are
trained and registered, and are on site during operating hours.
(8) Any individual
providing services as a third-party Class B operator must be trained and
registered in accordance with Subsection R311-201-12(10) and must:
(a) be certified in accordance with Rule
R311-201 as:
(i) a UST tester; or
(ii) a UST installer as either a general
installer or a service or repair technician; or
(b) meet the training requirements of a
certified UST inspector and document comprehensive or general liability
insurance with limits of $250,000 minimum per occurrence.
(9) The Class C operator is an employee and
is generally the first line of response to events indicating emergency
conditions. A Class C operator must:
(a) be
present at the facility at all times during normal operating hours;
(b) monitor product transfer operations
according to
40 CFR
280.30(a), to ensure that
spills and overfills do not occur;
(c) properly respond to alarms, spills, and
overfills;
(d) notify Class A
operators, Class B operators, or both, and appropriate emergency responders
when necessary; and
(e) act in
response to emergencies and other situations caused by spills or releases from
an UST system that pose an immediate danger or threat to the public or to the
environment, and that require immediate action.
(10) Operator training and registration.
(a) training and testing.
(i) applicants for Class A and B operator
registration must successfully complete an approved operator training course
within the six-month period before application.
(ii) the training course must be approved by
the director, and shall include instruction in the following:
(A) notification;
(B) temporary and permanent
closure;
(C) installation
permitting;
(D) UST requirements of
the 2005 Energy Policy Act;
(E)
Class A, B, and C operator responsibilities;
(F) spill prevention;
(G) overfill prevention;
(H) UST release detection;
(I) corrosion protection;
(J) recordkeeping requirements;
(K) emergency response;
(L) product compatibility;
(M) Utah PST rules and regulations;
(N) UST financial responsibility;
and
(O) delivery
prohibition.
(iii)
applicants for Class A and B operator registration must successfully pass a
registration examination authorized by the director.
(A) the director shall determine the content
of the examination.
(iv)
an individual applying for Class A or B operator registration may be exempted
from meeting the requirements of Subsections R311-201-12(10)(a)(i) and
R311-201-12(10)(a)(iii) by completing the following within the six-month period
before application:
(A) successfully passing a
nationally recognized UST operator examination approved by the director;
and
(B) successfully passing a Utah
PST rules and regulations examination authorized by the director.
(v) the director shall determine
the content of the examination.
(vi) Class C operators shall receive
instruction in product transfer procedures, emergency response, and initial
response to alarms and releases.
(b) registration application.
(i) applicants for Class A and B operator
registration must:
(A) submit a registration
application to the director;
(B)
document proper training; and
(C)
pay any applicable fees.
(ii) Class C operators shall be designated by
a Class B operator.
(iii) the Class
B operator must maintain a list identifying the Class C operators for each PST
facility. The list must identify:
(A) each
Class C operator;
(B) the date of
training; and
(C) the
trainer.
(iv)
identification on the list serves as the operator registration for Class C
operators.
(v) a registered Class A
or B operator may act as a Class C operator by meeting the training and
registration requirements for a Class C operator.
(vi) Class A and B registration shall be
effective for a period of three years, and shall not lapse or become inactive
if the registered operator leaves the employment of the company under which the
registration was obtained.
(c) renewal of registration.
(i) Class A and B operators shall apply for
renewal of registration not more than six months before the expiration of the
registration by:
(A) submitting a completed
application form;
(B) paying any
applicable fees; and
(C)
documenting successful completion of any re-training required by Subsection
R311-201-12(10)(d).
(ii)
if the director determines that the operator meets the requirements for
registration, the director shall renew the applicant's registration for a
period equal to the initial registration.
(iii) any applicant for renewal who has a
registration that has been expired for more than two years before submitting a
renewal application must successfully satisfy the training and examination
requirements for initial registration under Subsection R311-201-12(10)(a)
before receiving the renewal registration.
(d) re-training.
(i) a Class A operator is subject to
re-training requirements if any facility for which the Class A operator has
oversight is found to be out of compliance due to:
(A) lapsing of certificate of
compliance;
(B) failure to provide
acceptable financial responsibility; or
(C) failure to ensure that Class B and C
operators are trained and registered.
(ii) a Class B operator is subject to
re-training requirements if a facility for which the Class B operator has
oversight is found to be out of compliance due to:
(A) failure to document compliance, as
determined by the Technical Compliance Rate;
(I) Technical Compliance Rate is determined
using the EPA "UST and LUST Performance Definitions as of October 2018" and
incorporated by reference.
(B) failure to perform UST operator
inspections required by Section
R311-203-7;
or
(C) failure to ensure that Class
C operators are trained and registered, and are on site during operating
hours.
(iii) to be
re-trained, Class A and Class B operators must successfully complete the
appropriate Class A or B operator training course and examination, or must
complete an equivalent re-training course and examination approved by the
director.
(iv) Class A and B
operators must be re-trained within 90 days of the date of the determination of
non-compliance, and shall submit documentation showing successful completion of
the retraining to the director within 30 days of the re-training.
(A) if the documentation is not received by
the director within 120 days of the date of the determination of
non-compliance, the Class A or B operator's registration shall lapse.
(B) to re-register, the operator shall meet
the requirements of Subsections R311-201-12(10)(a) and
R311-201-12(10)(b).
(v)
if a facility for which a Class A or B operator has oversight is found to be
out of compliance under Subsection R311-201-12(10)(d)(i) or R311-201-12(10)(d)
(ii), re-training is not required if the Class A or B operator successfully
completes and documents re-training under Subsection R311-201-12(10)(d) for a
prior determination of non-compliance that occurred during the previous nine
months.
(11)
Reciprocity.
(a) if the director determines
that another state's operator training program is equivalent to the operator
training program provided in this rule, the director may accept an applicant's
Class A or Class B registration application, provided that the applicant:
(i) submits a completed application
form;
(ii) passes the Utah PST
rules and regulations examination referenced in Subsection
R311-201-12(10)(a)(iv)(B); and
(iii) submits payment of any applicable
registration fees.
(b)
the Class A or Class B registration is valid until the Utah registration
expiration described in Subsection R311-201-12(10)(b)(vi).