OAR 340-150-0200: Training Requirements for UST System Operators and Emergency Response Information

(1) This rule is effective through August 7, 2009, after which it is superseded by the provisions of OAR 340-150-0210 (except to the extent expressly incorporated into that rule). (2) The owner and permittee of each UST facility that dispenses a regulated substance from an UST to a motor vehicle or container must: (a) Employ trained personnel who can properly operate and maintain the UST system: and (b) Provide emergency response information to any person that dispenses a regulated substance from the UST system. (3) UST system operator. An owner and permittee must require that the designated UST system operator complete training within 90 days of designation, unless the individual has previously completed a training option and a copy of the training documentation is maintained at the UST facility. (4) Elements of required training. (a) All training options must include the essential training elements listed in Appendix L of this division and as further described in an UST system operator training manual developed by the department; and [Appendix not included. See NOTE.] (b) The department may periodically audit or review any of the training options to verify that the training follows the department's training manual. (5) Training options. The UST system operator must either: (a) Attend a training session sponsored by a training vendor listed by the department. A training vendor is a person, company or organization listed by the department that has agreed to present UST system operator training using the training manual developed by the department; (b) Successfully pass an examination designed for UST system operators offered by a national service and approved by the department; (c) Complete an internet or computer software training or examination program approved by the department; or (d) Complete any other equivalent training method approved by the department. (6) Documentation and record keeping. An owner and permittee must submit verification of UST system operator training completion to the department on or after March 1, 2004. (a) Verification may include a copy of the certificate of training completion signed by the UST system operator along with any examination results or a list of persons who attend a training session as submitted by the training vendor. The list must include: the UST system operator's name and signature; the date training was completed; and the name, site address and the department's UST facility identification number for the UST facility that the UST system operator serves. The list must also include a confirmation statement by the training vendor that the training session was conducted using the department's UST system operator training manual. (b) An owner and permittee must permanently retain each certificate of completion signed by the UST system operator on file at the UST facility, including a copy of any examination results. If training records are not kept at the UST facility, an owner and permittee must have the records available for review by the department upon request. (7) Exemption or deferral from training. The department may exempt an owner and permittee from the training requirements for an UST system operator if an owner and permittee demonstrates to the department's satisfaction that a hardship condition exists. Additionally, the department may defer the compliance date for UST system operator training to an alternate date on a case-by-case basis for an owner and permittee who meets the requirements of this section. (a) To be considered for an UST system operator hardship exemption or deferral, an owner and permittee must demonstrate that the following conditions exist: (A) The owner and permittee are the same person and owns only one UST facility; (B) The permittee is both the UST system operator and the only person regularly on site who can operate the UST system equipment; and (C) The permittee has been unable to locate another person to operate the UST facility for the permittee for a scheduled training session date or for the amount of time needed to complete a training option. (b) The permittee must submit a written request for a hardship exemption or deferral to the department. The request must include the following information: (A) A brief description of how the permittee meets the requirements of subsection (a) of this section; and (B) A list of available training options and other possible solutions explored by the permittee together with an explanation demonstrating why none of these alternatives are feasible. (c) The department will review exemption and deferral requests within 60 days of receipt of the completed request. Upon approval by the department, the permittee must review the training manual developed by the department and sign an affidavit stating that the permittee has read and understands the UST operation and maintenance requirements. (d) The permittee must keep a copy of all records pertaining to approval of a hardship exemption or deferral, including the written request for hardship and signed affidavit. Records must be kept permanently at the UST facility. If records are not kept at the UST facility, the permittee must have the records available for review by the department upon request; and (e) UST facilities where the permittee has been granted a hardship exemption will be placed on a priority list for technical assistance and inspection by the department. (8) Emergency response information. In addition to the requirements of sections (1) through (7) of this rule, an owner and permittee must provide information about emergency response procedures to any person who dispenses a regulated substance, including, but not limited to, procedures for overfill protection during delivery of regulated substances, operation of emergency shut off system and alarm response, release reporting and any site specific emergency procedures. The information must include any emergency response requirements made necessary by site specific human health and safety issues or the presence of environmentally sensitive areas, such as nearby streams, wetlands or potential conduits for spreading contamination. The emergency response information must be provided by: (a) Written instructions that are provided to any person who dispenses a regulated substance at the UST facility; (b) Signage posted in prominent areas of the UST facility that is easily visible to any person dispensing a regulated substance; or (c) A combination of both subsections (a) and (b) of this section. [NOTE: Appendicesnot linked to below are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]