Operator Training Requirements for Operators of Federally Regulated Underground Tanks

Federal Energy Policy Act of 2005
States must develop training requirements for individuals who operate and maintain federally-regulated underground storage tank systems. Operators are owners or owners' representatives (Class A), the actual persons charged with supervising day-to-day operations (Class B) and on-site employees (Class C).

The Energy Policy Act of 2005 was codified in SPS 310 Subchapter VIII. The following information pertains to requirements under the SPS 310 Flammable, Combustible and Hazardous Liquids Code. Regulatory oversight of the operator training requirement will be via annual inspections and the Permit-To-Operate process.

Acceptable Training and Certification Processes
Operator training includes evaluation of an operator's knowledge of applicable requirements. Methods for meeting the requirements of Class A and B include having either of the following: (1) certificate issued by the International Code Council® showing an individual has passed the Wisconsin underground storage tank operator examination; or (2) written proof of successful completion of an equivalent, alternate operator training and testing program that has received prior approval from the Wisconsin Department of Safety and Professional Services (DSPS). Alternate programs will include an evaluation of operator knowledge through testing, practical demonstration or other tools that the Department determines are acceptable.

Class C operators must obtain training and a certificate from the accredited Class A or Class B facility operator where the Class C operator is employed indicating the Class C operator has successfully completed training for the facility.

Deadline
Each new or existing facility with an underground storage tank system must have a Class A, a Class B and a Class C operator designated by January 1, 2012. For an entity that demonstrates it meets the definition of a small business in section 227.114 (1), Stats., the date for having accredited operators is August 8, 2012.

Responsibilities of Operators

Class A Operators - Manage resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulations. Ensure that appropriate individuals do all of the following: Properly operate and maintain the underground storage tank system, maintain appropriate records, receive training to operate and maintain the tank system and keep records. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system and make financial responsibility documents available.

Class B Operators - Ensure that all requirements for leak or release detection methods, leak or release prevention equipment, record keeping and reporting are met. Ensure that all relevant equipment complies with performance standards and appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

Class B operators provide Class C operators with written instructions that include emergency response procedures, procedures for overfill protection during delivery of regulated substances, operation of emergency shut-off systems, appropriate responses to all alarms, reporting of leaks, spills and releases and any site-specific emergency procedures. Give name and other information needed for contacting appropriate parties if a leak, spill, release or alarm occurs.

Note: For fueling facilities which are attended and which include hours of operation when no attendant is on duty, a sign must be posted in a conspicuous place, stating the emergency shut-off procedures and the name, address and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.

Class A & B Contracting Options - A facility owner may contract with a service company to fulfill the requirements of the Class A or Class B operator. The facility owner must list with the Department the individual(s) from the service company performing the operator requirements and keep the appropriate certificate(s) on site or readily available for inspection.

Class C Operators - Furnish initial response to alarms, spills, leaks or releases, notify the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary and control or monitor the dispensing or sale of regulated substances.

Training Elements

Class A Operators - Class A operators must be trained and tested in basic underground storage tank system requirements, to make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and record keeping requirements and standards regarding all of the following: spill prevention, overfill prevention, leak and release detection, corrosion protection, emergency response, product compatibility, financial responsibility documentation requirements, notification requirements, requirements for reporting obvious and suspected releases, requirements for permanently closing a tank system and for placing a tank system temporarily out of service, and operator training and testing requirements.

Class B Operators - Training and testing for a Class B operator provides a more in-depth understanding of operation and maintenance aspects, but may cover a more narrow breadth of applicable regulatory requirements. Class B operators must receive either site-specific operator training that is focused only on equipment used at the operator's underground storage tank system facility or broader training regarding regulatory requirements that encompass all components of underground storage tank systems, materials of tank system components, methods of leak and release detection and prevention, operation, and applicable maintenance requirements. Training and testing must address spill prevention, overfill prevention, leak and release detection, corrosion protection, emergency response, product compatibility, reporting and record keeping requirements plus Class C operator training requirements.

Class C Operators - Class C operators must be trained to take appropriate action in response to emergencies, including situations that pose an immediate danger or threat to the public or to the environment, and in response to alarms caused by spills, leaks or releases from an underground storage tank system. Class C operators must be trained to understand site-specific emergency procedures and instructions.

Recordkeeping
The owner or operator must maintain operator documentation at the underground storage tank system site and have it immediately available for inspection by an authorized agent or the department, except for fueling facilities that are not attended as specified in section SPS 310.605 (5) (a). At facilities that typically are unmanned, such as emergency generators, the owner or operator must maintain the documentation at a readily available site and provide it for inspection upon request. In addition, the Department is using a reporting system to identify those who must be listed by each company as the Class A and Class B operators. The database will also track which training and test each individual completed.

Note: SPS 310.605 (5) (a) reads as follows: "To be considered as being an attended fueling facility, there shall be at least 1 attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe and control the actual dispensing of fuel."

Retraining
If the Department determines that an underground storage tank system is not in significant compliance, the Class B operator must be retrained within 60 days or another time period prescribed by the Department, in the areas that are determined to not be in compliance, except both the Class A and Class B operators must be retrained if so directed by the Department.

Note: Significant operational compliance performance measures for release prevention and release detection, as developed by the U.S. Environmental Protection Agency, are available at www.epa.gov/oust/cmplastc/soc.htm.

Links

• Frequently Asked Questions
• Brochure

Regulatory References

• SPS 310 Code
• 40 CFR 280 (Federal EPA UST Rule)

Additional Resources

• SPS 310 Code Compendium
• Inspecting and Maintaining Sumps and Spill buckets
• EPA Operating and Maintaining Underground Storage Tank Systems

Operator Training / Testing Grants
Grants are available through the Wisconsin Department of Safety and Professional Services (DSPS) to help offset the cost of training and examinations required for persons who must be certified to operate federally regulated underground storage tanks.

The grant can be used to pay the Wisconsin ICC test fee or can be applied toward the cost of tuition for a state approved Class A, Class B or Class A/B test or training course. Only one grant will be awarded per person to Wisconsin tank operators on a first come basis, subject to available funds. DSPS will give priority to small business owners, civic organizations or government agencies. Operators for large businesses will also be considered for grants, depending on funding availability. (Note: Section 227.114 (1) Wis Stats, reads in part: " 'Small business' means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000."

Applicants MUST indicate which test or training course will be chosen. Grants are specific to the test or training course; it is IMPORTANT that applicants RESEARCH the test or training course best suited for their needs BEFORE applying for grant.

An owner or operator who wishes to submit an application for a grant must apply on-line. After a receiving a grant, a code will be sent to the applicant to use for payment of fees when registering for the test or training course.

Approved UST Operator Training and Testing Vendors
Vendors or organizations seeking training or test approval must contact Mike Fehrenbach (contact information below). 

Direct questions to Mike Fehrenbach at mike.fehrenbach@wisconsin.gov or 608-224-5156.