310 CMR, § 80.37 - Class A, B and C Operator Requirements and Certifications
(1) Effective August 8, 2012, every Owner and
Operator shall ensure that at least one Class A, B and C operator certified in
accordance with 310 CMR 80.37 is designated to each underground storage tank
system.
(a) An individual may be designated by
an Owner and Operator as a Class A, Class B, or Class C operator or any
combination of the three Classes.
(b) An individual Class A, Class B, or Class
C operator may be designated by an Owner and Operator for more than one UST
system or UST facility.
(2) Except as provided in 310 CMR 80.37(2),
the Owner or Operator shall ensure that a designated Class A, B or C operator
is present when the UST system(s) is in operation. At unmanned UST systems
including, but not limited to, emergency generators at telecommunication towers
and card lock/card access facilities, there shall be Class A, B and C operators
designated as responsible for operation and maintenance activities at such
systems and responding to emergencies, and they shall be certified in
accordance with 310 CMR 80.37(7) through (9), respectively.
(3) If a different Class A, B, or C operator
needs to be designated for any reason including, but not limited, to
resignation or termination, the Owner or Operator shall designate the
appropriate Class A or B operator within 30 days of the position being vacated,
or Class C operator within ten days of the position being vacated, and the
Owner or Operator shall ensure that said Class A, B, or C operator is certified
in accordance with 310 CMR 80.37(7), (8) or (9).
(4)
Class A Operator
Requirements.
(a) A Class A
operator shall have general knowledge and understanding of underground storage
tank systems and applicable state regulatory requirements that apply to
underground storage tank systems, including, but not limited to:
1. Tanks and piping;
2. Regulated substances stored;
3. Leak detection;
4. Spill prevention;
5. Overfill prevention;
6. Corrosion protection;
7. Emergency response procedures;
8. Product compatibility;
9. Financial responsibility documentation
requirements;
10. Registration and
other notification requirements;
11. Reporting and recordkeeping
requirements;
12. UST testing
requirements;
13. Temporary and
permanent closure requirements; and
14. The Class B operator qualifications,
training and examination requirements and Class C operator qualifications and
training requirements.
(b) A Class A operator shall ensure that
appropriate individuals:
1. Properly operate
and maintain the underground storage tank system.
2. Maintain required records.
3. Are trained to operate and maintain the
underground storage tank system and keep records.
4. Properly respond to alarms and emergencies
caused by leaks or releases from underground storage tank systems.
5. Make financial responsibility documents
available to the Department as required.
(5)
Class B Operator
Requirements.
(a) A Class B
operator shall have in-depth knowledge and understanding of operation and
maintenance requirements and applicable state regulatory requirements that
apply to underground storage tank systems including, but not limited to:
1. Tanks and piping;
2. Regulated substance stored;
3. Leak detection;
4. Spill prevention;
5. Overfill prevention;
6. Corrosion protection;
7. Emergency response procedures;
8. Product compatibility;
9. Financial responsibility documentation
requirements;
10. Registration and
other notification requirements;
11. Reporting and recordkeeping
requirements;
12. UST testing
requirements;
13. Temporary and
permanent closure requirements; and
14. The Class C operator qualification and
training requirements.
(b) A Class B operator shall ensure
implementation of the day-to-day aspects of operation and maintenance of, and
recordkeeping for, underground storage tank systems and shall have general and
site specific knowledge of the following:
1.
Components of underground storage tank systems.
2. What material the underground storage tank
system components are constructed of.
3. Methods of release detection and release
prevention applied to the underground storage tank system.
(6)
Class C Operator
Requirements.
(a) A Class C
operator shall have specific knowledge of the layout of the UST system(s),
emergency procedures and how to respond to alarms.
(b) A Class C operator shall immediately and
properly respond to alarms or other indications of emergencies in accordance
with the emergency procedures.
(c)
A Class C operator shall be the Owner or Operator of the underground storage
tank facility or an employee of the Owner or Operator, but not all employees of
the Owner or Operator are necessarily Class C operators.
(7)
Certification Requirements
for Class A Operators.
(a) The
Owner or Operator shall ensure that Class A operators are certified within 30
days after being designated by the Owner or Operator to assume responsibility
for an underground storage tank system.
(b) Requirements to be certified as a Class A
operator:
1. Obtain training in accordance
with 310 CMR 80.37(7)(c) and (d) which may include on-the-job training;
and
2. Take and pass an operator
examination in accordance with 310 CMR 80.37(7)(e) through
(g).
(c) The Owner or
Operator shall ensure that Class A operators are trained on the type(s) of UST
system(s) for which they are designated. Said training shall cover subject
matters in 310 CMR 80.37(4) and shall include those systems for which the Class
A operator is designated. Said training shall include, but not be limited to:
1. Types of tanks, piping, regulated
substances stored, overfill prevention, leak detection and corrosion
protection.
2. Operation and
maintenance schedules and requirements.
3. Testing, reporting and recordkeeping
requirements.
4. Financial
responsibility requirements and the financial responsibility instruments that
are in place for each UST system.
5. General emergency response procedures and
requirements.
(d) The
Owner or Operator shall document that Class A operators have received training
that complies with 310 CMR 80.37(7)(b)1. and (c). The Owner or Operator shall
keep the documentation, in hard copy or electronically, in accordance with
310 CMR
80.36. Upon request from the Department, the
Owner or Operator shall make the documentation available to the requestor as
soon as possible, but in no event more than seven business days after the
request.
(e) Class A operators
shall demonstrate knowledge of UST systems in general and all applicable state
regulations by taking and passing an operator examination, as required by the
Department.
(f) Upon passing the
operator examination, the Class A operator shall receive a certificate
indicating passage of the operator examination and the Owner or Operator shall
keep a copy of the certificate, in hard copy or electronically, in accordance
with
310 CMR
80.36. Upon request from the Department, the
Owner or Operator shall make the documentation available to the requestor as
soon as possible, but in no event more than seven business days after the
request.
(g) Any individual who
takes and fails any operator examination three times within six months of the
first examination shall be prohibited from taking any operator examination for
six months from the date of the third failure.
(h) A Class A operator with a current Class A
certification from another state may be certified in Massachusetts as a Class A
operator if the operator is trained in accordance with 310 CMR 80.37(7)(c), and
the Class A operator passes the Massachusetts-specific portion of the operator
examination.
(8)
Certification Requirements for Class B Operators.
(a) The Owner or Operator shall ensure that
Class B operators are certified within 30 days after being designated by the
Owner or Operator to assume operation and maintenance responsibilities of the
underground storage tank system.
(b) Requirements to be certified as a Class B
operator:
1. Obtain training in accordance
with 310 CMR 80.37(8)(c) and (d) which may include on-the-job training;
and
2. Take and pass an operator
examination in accordance with 310 CMR 80.37(8)(e) through
(g).
(c) The Owner or
Operator shall ensure that Class B operators are trained on the specific UST
system(s) for which they are designated. Said training shall cover subject
matters in 310 CMR 80.37(5) and shall include those systems for which the Class
B operator is designated. Said training shall include, but not be limited to:
1. Types of tanks, piping, regulated
substances stored, overfill prevention, leak detection and corrosion
protection.
2. Operation and
maintenance of the underground storage tank system.
3. Testing, reporting and recordkeeping
requirements.
4. Financial
responsibility documentation requirements.
5. Emergency response procedures and
requirements.
(d) Owners
or Operators shall document that Class B operators have received training that
complies with 310 CMR 80.37(8)(b)1. and (c). The Owner and Operator shall keep
the documentation, in hard copy or electronically, in accordance with
310 CMR
80.36. Upon request from the Department, the
Owner or Operator shall make the documentation available to the requestor as
soon as possible, but in no event more than seven business days after the
request.
(e) Class B operators
shall demonstrate knowledge of UST systems in general and all applicable state
regulations by taking and passing an operator examination, as required by the
Department.
(f) Upon passing the
operator examination, the Class B operator shall receive a certificate
indicating passage of the operator examination and the Owner or Operator shall
keep a copy of the certificate, in hard copy or electronically, in accordance
with
310 CMR
80.36. Upon request from the Department, the
Owner or Operator shall make the documentation available to the requestor as
soon as possible, but in no event more than seven business days after the
request.
(g) Any individual who
takes and fails any operator examination three times within six months of the
first examination shall be prohibited from taking any operator examination for
six months from the date of the third failure.
(h) A Class B operator with a current Class B
certification from another state may be certified in Massachusetts as a Class B
operator if the operator is trained in accordance with 310 CMR 80.37(8)(c), and
the Class B operator passes the Massachusetts-specific portion of the operator
examination.
(9)
Certification Requirements for Class C Operators.
(a) A Class C operator shall be certified
before being designated by the Owner and Operator.
(b) In order to be certified as a Class C
operator, the Owner or Operator shall document that an individual was trained
by a Class A or B operator. The training shall be site specific and shall
include, at a minimum, the actions to take in response to alarms or other
indications of emergencies caused by leaks or releases from an underground
storage tank system.
(c) When the
training is complete, the trainer and the Class C operator shall each sign and
date the training log for the UST facility documenting that the training was
completed in accordance 310 CMR 80.37(9)(b) and (c). The trainer shall also
document the underlying reason for the re-training in accordance with 310 CMR
80.37(9)(d). The Owner or Operator shall maintain the log for at least two
years after the Class C operator is no longer designated, in hard copy or
electronically. Upon request from the Department, the Owner or Operator shall
make the log available to the requestor as soon as possible, but in no event
more than seven business days after the request.
(d) The Owner or Operator shall ensure that
the Class C operator is re-trained and shall document the re-training and the
underlying reason for the re-training in accordance with 310 CMR 80.37(9)(c)
when:
1. Emergency procedures change at a
facility;
2. The type or location
of the leak detection alarm system changes; or
3. The type or location of the emergency
shut-off switch changes.
(10)
Temporary Transfers of Class
C Operators. Prior to the Class C operator assuming designation at
a UST facility to which the Class C operator is temporarily transferred, the
Owner or Operator shall ensure that such Class C operator is trained on the
site-specific emergency procedures of the UST facility in accordance with 310
CMR 80.37(9).
(11) The Owner or
Operator shall maintain a current list of the designated Class A, B and C
operator(s) for each UST system or facility, in hard copy or electronically.
Upon request from the Department, the Owner or Operator shall make the
documentation available to the requestor as soon as possible, but in no event
more than seven business days after the request. This list shall include, but
not be limited to, the name of the operator, operator classification, operator
certificate number, as applicable, the date of the operator's training and the
date of designation.
(12) Without
limitation, if the Department determines that a UST system is out of compliance
with the applicable requirements of
310 CMR 80.00, the Department
may require that the Owner or Operator provide re-training for one or more
Class A, B or C operator(s) and/or require that one or more Class A or B
operator(s) re-take and pass the operator examination.
Notes
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