On or before August 8, 2012 all owners and operators of underground storage tank facilities need to ensure that they satisfy the Operator Training requirements established by the 2005 Energy Policy Act (the “Act”).  This is a National requirement and each state will ultimately have their own requirements with variations in reciprocity, recertification and mode of training (e.g., classroom, multi-language, on-line etc.).

Three distinct classes of operators will exist once the requirements go into effect.  The three types of operators are summarized as follows:  

• Class A Operator may be the owner/operator, an employee or a contractor with general knowledge and understanding of the UST system(s) for which s/he is designated the operator, as well as the federal and state regulatory requirements that apply to the system(s).
• Class B Operator may be the owner/operator, an employee or a contractor with in-depth knowledge and understanding of the UST system(s) for which s/he is designated the operator, and how to operate and maintain the system(s), as well as the federal and state regulatory requirements that apply to the system(s).
• Class C Operator is an on-site employee who is trained by a Class A, B or A/B Operator on UST system(s), emergency procedures, and response to alarms at the facility.

In short, employees from senior management to store clerks are required to undergo some form of training relating to UST operations. The type of training will vary depending on the individual job requirements. In general, all operators must have some understanding of UST systems as it pertains to leak detection, spill prevention, overfill prevention, corrosion protection and emergency response procedures.  For certain station owners, one person may be the designated operator for all three classes.

The Department of Environmental Protection (“MassDEP”) is charged with the regulatory responsibility of implementing the operator training requirements in Massachusetts.  The MassDEP is exclusively administering the exam for Class A and B operators.

Key areas of interest in the MassDEP regulations include:

• The owner and operator shall ensure that a Class A, B or C operator is present on-site at all times an underground storage tank facility is staffed or open for business.
• If an UST facility is closed or unstaffed, a Class A, B or C operator does not have to be present at the facility, but the Class A, B and C operators are still responsible for operation and maintenance activities or responding to emergencies and shall be certified in accordance with the regulations.
• If an individual takes and fails any operator examination three (3) times within six (6) months, s/he shall wait an additional six (6) months from the third failure to re-take any operator examination.

The operator training requirements under the Energy Policy Act of 2005 will undoubtedly impose greater challenges and responsibilities upon UST owners and operators.  Compliance with your state specific operator training requirements is a regulatory requirement that in the end could be your greatest resource for avoiding environmental liability.

- William Alpine, Director of Cost Recovery and Corporate Counsel