Operator Training Required of Ohio Owners/Operators of Underground Storage Tank[s] (“UST[s]”) by August 8, 2012

On August 8, 2005, the Federal Energy Policy Act of 2005 was signed into law which mandated requirements for UST systems within the United States. One of these requirements mandates that operator training be conducted for owners and/or operators of UST[s], designated owner representatives and station managers and/or clerks. On September 1, 2011, this mandate was promulgated in Ohio as Ohio Administrative Code (OAC) Section 1301:7-9-19 Underground Storage Tank Operator Training. OAC Section 1301:7-9-19 provides operator training requirements and procedures.

Basically, owners and operators of all UST sites must list Class A, Class B, and Class C operators for their sites with BUSTR, and undergo appropriate training. There are no exceptions.

In general, Class A consists of the owner and owner representatives; a typical Class B operator is the “store manager”, and the typical Class C operator is the “attendant on duty”. It is possible for the same person to serve multiple roles at one site or at several sites.

Pursuant to BUSTR regulations, no later than August 8, 2012, all Class A, Class B and Class C operators must be identified and trained. All records certifying designated employees as Class A, Class B and/or Class C operators must be maintained by the owner and/or operator. These records must be available upon request by a BUSTR Inspector during compliance inspections.

The following presents a summary of the basic responsibilities of each type of operator:

Class A Operators: Responsible for achieving and maintaining compliance with statutory and regulatory requirements and standards necessary to operate and maintain the UST system (e.g. owner of an UST site or owner designee).

Class B Operators: Responsible for implementing applicable requirements and standards for UST systems at one or more UST sites (e.g. store managers, contractor who has taken Class B operator training, certified UST Installer, owner designee).

Class C Operators: Responsible for the initial response to alarms or other indications of emergencies caused by spills or releases from an UST system (i.e. store clerk) and notifying the Class A or Class B operator and appropriate emergency responders when necessary.

For “Unattended Sites” (UST sites, that by design have no attendant on duty for dispensing (e.g. emergency generator tanks, or factory site tanks) the operators are not required to be present at the UST site, but the operators must still be identified and trained pursuant to the regulations.

The good news is that the training is not expensive ($10-$25 for Class C training; $100-$200 for Class A and B training). Class C training may be easily completed by using the training material provided on the BUSTR web site at http://www.com.ohio.gov/fire/bustMain.aspx. There is a comprehensive list of BUSTR approved operator training course sponsors providing Class A and B training, a “Frequently Asked Questions” list as well as other helpful information on the BUSTR website.