DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.:RULE TITLES:
62-761.350Operator Training and Certification
62-761.400Registration and Financial Responsibility
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 51, March 14, 2014 issue of the Florida Administrative Register.
62-761.350 Operator Training and Certification.
(1) through (2) No change.
(a) No change
(b) Class B Operator.
1. No change.
2. Qualifications and Training. Class B operators must be trained in and have detailed knowledge of the requirements of applicable UST regulations, including, but not limited to registration, system components, product compatibility, spill and overfill prevention, corrosion protection, release detection, recordkeeping, notification, release reporting and response, temporary and permanent closure, operator training and financial responsibility. A UST facility owner or operator may designate as its Class B operator a third party (i.e., an individual who is an independent contractor or consultant and is not affiliated with the facility owner or operator) only if that individual is Certified Contractor who also holds a current "A" or "A/B" license and who either is, or is employed by, a registered Certified Contractor. However, designation of an independent or not affiliated Class B operator in this manner does not also entitle that individual to certification as a Class A operator for a facility.
(c) No change.
(3) No change.
(a) Acceptable Training for Class A and Class B operators.
Class A and Class B operators must complete a Department approved operator training course which provides the information required by subparagraph 62-761.350(2)(a)2., and 62-761.350(2)(b)2., F.A.C., respectively. Courses or processes may include in-person or on-line training performed by, contracted for, or approved by the Department, and must include an evaluation of operator knowledge through testing, practical demonstration, or other tools deemed acceptable by the Department. In order for a non-contracted provider to be approved by the Department, the provider of a training course or process must be sponsored by an association or industry organization recognized nationwide or statewide with regard to its affiliation with regulated petroleum UST systems. All providers will also be required to provide training documentation, including on-going maintenance of records of certified operators. Those records will be required to be accessible to the Department on an on-going basis. The Department Secretary or designee shall issue an order granting or denying the request for approval of a Class A or Class B operator training course. This order shall be agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S.
(b) Acceptable Training for Class C Operators.
1. Class B operators must provide training which provides the information required by subparagraph 62-761.350(2)(c)2., F.A.C., or ensure that the UST facility's Class C operators otherwise complete training in emergency procedures. Class C operator training programs may include in-class, hands-on, on-line, or any other training format deemed acceptable by the Class B operator.
2. No change.
(4) No change.
(a) No change.
(b) Class C Operators. A designated Class B operator for a given facility must provide the facility owner or operator with signed and dated written verification in the form of a list of all Class C operators who have been trained for that facility, which includes the date of that training. Owners and operators must ensure that a current and correct list of trained Class C operators is maintained at each facility for inspection by the Ddepartment.
(5) No change.
(a) No change.
(b) Class A or Class B operators shall be designated by a UST facility owner or operator after the effective date of this rule, within 30 calendar days of assuming operation and maintenance responsibilities at the UST facility.
(c) Class C operators shall be designated by a UST facility owner or operator after the effective date of this rule, prior to assuming unsupervised responsibility for responding to emergencies at UST system facilities.
(6) No change.
(7) Documentation.
Owners and operators of underground storage tank facilities, (except unmanned facilities), must maintain required training certification documentation as described in this rule on-site and must provide it upon request to the Department. Documentation may be maintained electronically off-site if that facility has the capability of producing a clear printed copy which can be provided to the Department within 72 hours. Owners and operators of unmanned facilities must provide documentation as requested by the Department.
Rulemaking Authority 376.30, 376.303 FS. Law Implemented 376.30, 376.303 FS. History–New_________.
62-761.400 Registration and Financial Responsibility.
(1) through (3) No change.
(4) No change.
(a) through (d) No change.
(e) Maintain adequate financial responsibility pursuant to subsection Rule 62-761.400(3), F.A.C.
The Department shall provide written notice to the owner of the facility 30 business days prior to denying or revoking suspending a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected and the Department shall re-inspect the facility within two business days of receiving such notice. The Department shall release revoked suspended registration placards within three business days of the re-inspection if all deficiencies have been corrected to the Ddepartment’s satisfaction. The Department shall establish, maintain, and post on its web site a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Ddepartment rules.
(5) No change.
(a) through (b) No change.
Rulemaking Specific Authority 376.303, 376.322(2) FS. Law Implemented 376.303, 376.309, 376.323, 376.3077 FS. History–New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04,___________.
