Requires owners and operators of Underground Storage Tanks (UST) to undergo training and certification. Provides department the ability prohibit delivery of pollutants to a non-compliant facility.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-761.350Operator Training and Certification

62-761.400Registration and Financial Responsibility

PURPOSE AND EFFECT: Requires owners and operators of Underground Storage Tanks (UST) to undergo training and certification. Provides department the ability prohibit delivery of pollutants to a non-compliant facility.

SUBJECT AREA TO BE ADDRESSED: Federal Energy Policy Act requires the state adopt regulations for Operator Training for USTs and Delivery Prohibition. Training requirements for operators of USTs are broken into three categories: persons having primary responsibility for on-site operation and maintenance of UST systems, persons having daily on-site operation and maintenance of UST systems and daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an UST system.

Additionally, federal law requires the state to issue guidelines to implement delivery prohibition for facilities that: do not have secondary containment, do not have a method of release detection, do not have adequate corrosion protection in an internally lined tank, have a single-walled tank that was taken out-of-service and not closed within a certain period of time depending upon the level of corrosion protection, have an unmaintained storage tank system which has been out-of-service for more than two years of it being out-of-service or ten years if the system is secondarily contained, or have caused a discharge and the system cannot be repaired.

RULEMAKING AUTHORITY: 376.303(1)(a) FS.

LAW IMPLEMENTED: 376.303, 376.3077 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 12, 2013, 9:00 a.m. until no later than 12:00 Noon

PLACE: Conference Room A, Douglas Office Building, 3900 Commonwealth Blvd., Tallahassee, FL

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 hours before the workshop/meeting by contacting: William E. Burns, Jr., Department of Environmental Protection, 2600 Blair Stone Rd., Tallahassee, FL 32399, [e-mail] or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: William E. Burns, Jr., [e-mail] or [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

62-761.350 Operator Training.

(1) Owners or operators shall identify and designate for each underground storage tank (UST) facility including unmanned facilities, at least one named individual for each class of operator - Class A, Class B, and Class C. All individuals designated as a Class A, B or C operator shall, at a minimum, be trained and certified in accordance with this rule. For the purposes of this rule, the terms "Class A Operator", "Class B Operator" or "Class C Operator" are terms specific to the training requirements of this subsection 62-761.350 (2), F.A.C.

(a) Owners and operators may designate different individuals for each class of operator, or one individual for more than one of the operator classes.

(b) Any individual designated for more than one operator class shall be trained and certified for each operator class, except that training and certification as a Class B operator also entitles that individual to certification as a Class A operator.

(c) An individual may be designated as a Class A Operator for one or more facilities. An individual may be designated as a Class B Operator for one or more, but not to exceed 50 facilities. An individual Class C operator must be specifically trained for each facility.

(d) During hours of operation, UST facilities must have at least one certified operator (either a Class A, Class B, or Class C operator) present at the UST facility, except when a UST facility is unmanned. A UST facility is considered unmanned when during the normal course of business there is routinely no attendant present at the facility who could respond to alarms or emergencies related to the UST system. (Examples of unmanned UST facilities include, but are not limited to, card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator USTs, and unattended UST systems located at industrial facilities.) Unmanned facilities must have weather resistant signage clearly visible from any dispenser which instructs users with regard to basic safety procedures, provides the customer with a 24-hour telephone contact number monitored by a Class A, B, or C operator for the facility and provides instruction on contacting local emergency responders.

(2) The three classes of operators are identified as follows.

(a) Class A Operator.

1. Functions. A Class A operator of a UST facility is an individual who typically has primary responsibility for ensuring the proper operation and maintenance of the UST systems, particularly in the capacity of managing resources and personnel necessary to achieve and maintain compliance with all UST regulations.

2. Qualifications and Training. Class A operators must be trained in and have a general 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.

(b) Class B Operator.

1. Functions. A Class B operator of a UST facility is an individual who ensures the implementation of all applicable requirements of these regulations in the field and implements the day-to-day aspects of the operation and maintenance of, and recordkeeping for, UST systems.

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) Class C Operator.

1. Function. A Class C operator of a UST facility is an individual designated by the UST system owner who typically controls the dispensing of fuel at the facility and is responsible for initial response to alarms, releases, spills, overfills or threats to the public or to the environment.

2. Training. Class C operators must be trained in both general and facility-specific emergency response procedures, such as: the operation of emergency shut-off equipment; the initial response procedures following system alarm warnings; the appropriate first response actions to releases, spills, or overfills; and the notification procedures to emergency responders and to the designated Class A and Class B operators of a UST facility.

(3) Training.

Operator training must fulfill the training requirements described for each class of operator. The following is a list of acceptable approaches to meet the operator training requirements.

(a) Acceptable Training for Class A and Class B operators.

Class A and Class B operators must complete a Department approved operator training course. 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.

(b) Acceptable Training for Class C Operators.

1. Class B operators must provide training 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. Class A and Class B operators must ensure that site-specific emergency procedures are maintained in an easily accessible location at the UST facility which is immediately available to the Class C operator, and that site-specific notices that include the location of emergency shut-off devices and appropriate emergency contact telephone numbers are posted in a prominent area at the UST facility that is easily visible to the Class C operator. For the purposes of this subsection, the phrase "easily accessible location" means located in a place and manner that allows a Class C Operator quick and immediate access to site-specific emergency procedures.

(4) Certification.

Operators are considered certified operators after successfully completing one of the training processes listed in subsection (a) of this section.

(a) Class A and Class B Operators. Approved training providers must provide verification to all Class A and Class B operators who have successfully completed training, in the form of a written or printable electronic training certificate stating the classification and the date it was obtained. Owners and operators must ensure that training certificates are maintained at each facility for inspection by the Department.

(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 department.

(5) Deadlines.

(a) Within 180 days of effective date of the rule, owners or operators of underground storage tank (UST) facilities must designate at least one Class A, Class B, and Class C operator for each facility who has completed an acceptable operator training course.

(b) Class A or Class B operators designated by a UST facility owner or operator after the effective date of this rule, prior to assuming operation and maintenance responsibilities at the UST facility.

(c) Class C operators 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) Frequency.

(a) Certified Class A and Class B Operators must be re-trained in accordance with this rule within three years of their last training date.

(b) Certified Class C operators must be re-trained in accordance with rule within three years of their last training date. In addition, Class C operator training is only applicable at the specific facility for which the training was provided.

(c) If a UST facility receives a notice of violation and the Department determines that the UST facility is in significant noncompliance, the designated Class B operators for that UST facility must recertify Class B training, within 90 days. Class B operators are not, however, required to attend such training more than once every 12 months, regardless of the number of their designated facilities found in violation. For the purposes of this rule, "significant noncompliance" is defined as the failure to maintain compliance in one or more of the following release detection, spill/overfill prevention, corrosion protection or financial assurance.

(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 376.303 FS. Law Implemented 376.303 FS. History–New_________.

 

62-761.400 Registration and Financial Responsibility.

(1) through (3) No change.

(4) Revocation of Registration Placard.

The Department may revoke a registration placard for failure to:

(a) Install, maintain and operate leak detection equipment pursuant to 62-761.610 F.A.C.;

(b) Meet, maintain and operate performance standards pursuant to 62-761.500, F.A.C.;

(c) Respond and abate an ongoing discharge, pursuant to 62-761.820, F.A.C.;

(d) Complete closure of out of service tank systems pursuant to 62-761.800, F.A.C.; or

(e) Maintain adequate financial responsibility pursuant to 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 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 suspended registration placards within three business days of the re-inspection if all deficiencies have been corrected to the department’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 department rules.

(5) Delivery prohibitions.

(a) No owner, operator, or supplier shall deposit any regulated substance into a UST system regulated under this chapter unless that owner or operator has a valid, current Registration Placard issued by the agency covering that UST system.

(b) It is an affirmative defense to the imposition of an administrative penalty for a violation of subparagraph (a) of this paragraph that the owner, operator, or supplier delivering a regulated substance into a UST relied on registration information for the UST obtained from the Department’s website not more than 30 days before the date of delivery.

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,___________