N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-2.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 598-2.5 - Operator training

(a) Designation of operators. The following Class A, Class B, and Class C Operators who meet the requirements of this section must be designated:

(1) one Class A and one Class B Operator for each UST system or group of UST systems (the same individual may be designated for multiple Operator classes and tank systems); and

(2) every individual who meets the definition of Class C Operator at the facility as a Class C Operator. At least one Class C Operator must be designated for each UST system (the same individual may be designated as the Class C Operator for multiple tank systems).

(b) Requirements for operator testing. Class A, Class B, and Class C Operators must meet the requirements of this subdivision. 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. Class A Operators must pass an exam offered by the department that measures knowledge of the purpose, methods, and function of the requirements of this Part concerning:

(i) spill and overfill prevention;

(ii) leak detection;

(iii) corrosion protection;

(iv) emergency response;

(v) compatibility;

(vi) financial responsibility;

(vii) registration;

(viii) out-of-service status and permanent closure;

(ix) related reporting, recordkeeping, testing, and inspections;

(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. Class B Operators must pass an exam offered by the department that measures knowledge of the purpose, methods, and function of the requirements of this Part 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) related reporting, recordkeeping, testing, and inspections;

(viii) environmental and regulatory consequences of releases; and

(ix) training requirements for Class C Operators.

(3) Class C Operators. Class C Operators must be trained and tested under the direction of the Class A or Class B Operator at the facility to take appropriate actions in response to emergencies and alarms indicating spills or releases (including reporting leaks, suspected leaks, or releases to the department in accordance with section 2.4 of this Subpart).

(c) Timing of operator testing and training.

(1) Class A and Class B Operators must meet the requirements of paragraphs (b)(1) and (2) of this section, respectively, before being designated.

(2) Class C Operators must meet the requirements of paragraph (b)(3) of this section before being designated.

(3) In the event that a Class A and/or Class B Operator is no longer the designated Operator (due to separation from employment, death, or other circumstance), a new Class A and/or B Operator must be designated within 30 days after the event.

(4) Periodic retesting. Class A and Class B Operators who possess a current and valid operator training credential must pass the Department's exam within the later of the following: two years after, or five years after the date of the last valid Operator authorization certificate. Thereafter, they must be retested every five years after the date of the last valid Operator authorization certificate until the Department receives written notice and documentation that the individual either is no longer the designated Operator or inactivates their authorization.

(d) Retesting due to significant non-compliance. Class A or Class B Operators designated for UST systems that are determined by the department to be in significant non-compliance must be retested in accordance with the requirements of subdivision (b) 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, a different Class A or Class B Operator may be designated, as appropriate, for the UST systems determined by the department to be in significant non-compliance.

(e) Recordkeeping. Records of this section must be retained for as long as the Operator remains designated at the facility plus an additional three years, and must consist of the following:

(1) authorization certificates issued by the department upon successful completion of the Operator training exam for all Class A and Class B Operators; and

(2) training logs for all Class C Operators that include the following:

(i) the name of the Class C Operator;

(ii) the date(s) the Class C Operator was trained;

(iii) the name and certificate of the Class A and/or Class B Operator that trained the Class C Operator; and

(iv) a signed statement from the Class A and/or Class B Operator who trained the Class C Operator, acknowledging that the Class C Operator was trained to take appropriate actions at the facility in response to emergencies and alarms indicating spills or releases.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 598-2.5

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 10/17/2023