6 CRR-NY 598.12NY-CRR
6 CRR-NY 598.12
6 CRR-NY 598.12
598.12 Operator training.
(a) General requirements for all underground tank systems.
Not later than October 11, 2016, every facility must ensure that it has designated class A, class B, and class C operators who meet the requirements of this section.
(b) Designation of operators.
Every facility must designate:
(1) one class A and one class B operator for each underground tank system or group of underground tank systems (the same individual may be designated as both); and
(2) one or more class C operators for each underground tank system or group of underground tank systems.
(c) Requirements for operator testing.
Every facility must ensure class A, class B, and class C operators meet the requirements of this section. Any individual designated for more than one operator class must pass the required exam for each operator class in which the individual is designated.
(1) Class A operators. Each designated class A operator must pass an exam acceptable to the department that measures knowledge of the purpose, methods, and function of the requirements of this Part and Part 599 of this Title concerning:
(i) spill and overfill prevention;
(ii) leak detection;
(iii) corrosion protection;
(iv) emergency response;
(v) compatibility;
(vi) financial responsibility;
(vii) registration;
(viii) temporary and permanent closure;
(ix) recordkeeping;
(x) environmental and regulatory consequences of releases; and
(xi) knowledge and training requirements for class B and class C operators, respectively.
(2) Class B operators. Each designated class B operator must pass an exam acceptable to the department that measures knowledge of the purpose, methods, and function of the requirements of this Part and Part 599 of this Title concerning:
(i) operation and maintenance;
(ii) spill and overfill prevention;
(iii) leak detection and related reporting;
(iv) corrosion protection and related testing;
(v) emergency response;
(vi) compatibility;
(vii) recordkeeping;
(viii) environmental and regulatory consequences of releases; and
(ix) training requirements for class C operators.
(3) Class C operators. Each designated class C operator must be trained and tested under the direction of the class A or class B operator to take appropriate actions at the facility in response to emergencies and alarms caused by spills or releases from the underground tank system.
(4) Class A and class B operators who possess a current and valid operator training credential issued by any other state government, that administers an exam acceptable to the department, will be considered to be in compliance with the requirements of this subdivision.
(d) Timing of operator testing and training.
(1) For a UST system installed on or before October 11, 2016, the facility must ensure that class A, class B, and class C operators are designated in accordance with subdivision (a) of this section, and meet the requirements of subdivision (c) of this section by October 11, 2016.
(2) Class A or class B operators designated after October 11, 2016 must meet the requirements of subdivision (c) of this section within 30 days after being designated.
(3) Class C operators designated after October 11, 2016 must be trained and tested before being designated.
(4) In the event that a class A and/or class B operator is no longer designated at a facility (due to separation from employment, death, or other circumstance), the facility must designate a new operator within 30 days after the event. The new operator must meet requirements in subdivision (c) of this section within 30 days after being designated.
(e) Retesting.
Class A or class B operators designated for underground tank systems that are determined by the department to be in significant non-compliance must be retested in accordance with the requirements of subdivision (c) of this section. Any reliance on previously obtained operator training credentials issued by another state will not be accepted by the department. Class A or class B operators must be retested within 30 days after the date the department determines that a UST system is in significant non-compliance. Alternatively, the owner may designate a different class A or class B operator, as appropriate, for the underground tank systems determined by the department to be in significant non-compliance.
(f) Documentation.
Every facility must maintain a list of designated class A, class B, and class C operators and maintain records (paper or electronic) verifying that training and testing, as applicable, have been successfully completed, as follows:
(1) The list must:
(i) identify all class A, class B, and class C operators at the facility; and
(ii) include the name of the operator, the class of the operator, the date that the operator was designated, the date that the operator initially completed testing or training, and the date of any retesting.
(2) The records verifying successful completion of training and testing for class A, class B, and class C operators must, at a minimum, identify the name of the operator and the date tested, as well as passing results. Owners and operators must maintain these records for as long as class A, class B, and class C operators are designated plus an additional three years. Records of the exam or training must also, at a minimum, be signed by the examiner or trainer and list the printed name of the examiner or trainer and the name, address, and phone number of the employer of the examiner or trainer. Records of testing for class A or class B operators must include those areas in which the class A or class B operator has been tested.
6 CRR-NY 598.12
Current through February 15, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.