-IR- Database Guide
-IR- Database: Indiana Register

TITLE 329 SOLID WASTE MANAGEMENT BOARD

Final Rule
LSA Document #10-66(F)

DIGEST

Adds 329 IAC 9-9 concerning training of persons who operate underground storage tank (UST) systems. Effective 30 days after filing with the Publisher.


HISTORY
First Notice of Comment Period: February 17, 2010, Indiana Register (DIN: 20100217-IR-329100066FNA).
Second Notice of Comment Period: February 1, 2012, Indiana Register (DIN: 20120201-IR-329100066SNA).
Notice of Public Hearing: February 1, 2012, Indiana Register (DIN: 20120201-IR-329100066PHA).
Change in Notice of Public Hearing: March 21, 2012, Indiana Register (DIN: 20120321-IR-329100066CHA).
Date of First Hearing: April 17, 2012
Proposed Rule Published: June 20, 2012, Indiana Register (DIN: 20120620-IR-329100066PRA)
Notice of Second Hearing: June 20, 2012, Indiana Register (DIN: 20120620-IR-329100066PHA).
Date of Second Hearing: July 17, 2012.
Final Adopted: July 17, 2012.


SECTION 1. 329 IAC 9-9 IS ADDED TO READ AS FOLLOWS:

Rule 9. Underground Storage Tank Operator Training and Certification


329 IAC 9-9-1 Applicability

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23
Affected: IC 13-23


Sec. 1. This rule applies to all owners and operators of UST systems, and operators of UST systems that are classified by this rule. This rule establishes UST operator training and certification requirements.
(Solid Waste Management Board; 329 IAC 9-9-1; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-2 Definitions

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 2. (a) In addition to the definitions in 329 IAC 9-1, the definitions in this section apply throughout the rule.

(b) "Certificate" means a document issued by the department to a person who has met the training and operator knowledge evaluation requirements of this rule for a Class A or Class B UST system operator. A certificate is issued by the department online after the person has successfully completed the online training and operator knowledge evaluation program provided by the department.

(c) "Certified" means the following:
(1) For a Class A or Class B operator, a person that has been issued a Class A or Class B operator's certificate by the department for the period the certificate is valid.
(2) For a Class C operator, an employee or contractor of the UST system facility that has been issued a Class C certification by the designated Class A or Class B operator and the authorized trainer, if applicable, for the period the certification is valid.

(d) "Class A operator" means a person with primary responsibility for overall operation of one (1) or more UST systems.

(e) "Class B operator" means a person who has daily on-site responsibility and direct control over the operation, maintenance, and record keeping for one (1) or more UST systems.

(f) "Class C operator" means an employee or contractor of the UST system facility who has on-site responsibility to initially respond to alarms or other indications of emergencies caused by spills, leaks, or releases from UST systems.

(g) "On-site" means all areas within the facility boundary.

(h) "Partially attended facility" means a UST system facility that operates under the applicable provisions of 329 IAC 9 without the regular presence of a certified operator during a specific daily or weekly period, for example, a retail facility that is attended during peak hours for sales and unattended during off peak hours for sales.

(i) "Unattended facility" means a UST system facility that operates under the applicable provisions of this article without the regular presence of a certified operator, including, but not limited to:
(1) a facility utilizing only an emergency standby generator UST that is limited to use during service power loss; or
(2) a facility utilizing an electronic control device for limited access dispensing or providing for unattended payment;
(3) a facility utilizing vehicle drivers to dispense fuel to vehicles and other equipment for business use but not retail sale.
(Solid Waste Management Board; 329 IAC 9-9-2; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-3 General provisions and transition

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 3. (a) The owner or operator of a UST system must designate a Class A, Class B, and Class C operator for the UST system on or before thirty (30) days after the effective date of this rule, except as provided in subsection (c). The owner and operator of the UST system are responsible for ensuring that the Class A, Class B, and Class C operators fulfill their responsibilities under this rule. Each designated operator must be certified under this rule as follows:
(1) An incoming designated Class A or Class B operator for an existing UST system without compliance deficiencies documented by the department must be certified within thirty (30) days of assuming full operation and maintenance responsibilities at the UST system.
(2) An incoming designated Class C operator must be certified before assuming responsibilities at a UST system facility.
(3) An incoming designated Class A or Class B operator at an existing facility that has compliance deficiencies documented by the department must be certified before assuming full operation and maintenance responsibilities at a UST system facility.
(4) The owner or operator of a UST system that goes into use after the effective date of this rule must designate a certified Class A, Class B, and Class C operator for that system within thirty (30) days of bringing the UST system into use.
If the owner and operator of the UST system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators for the UST system, but both the owner and the operator have equal responsibility to ensure that Class A, Class B, and Class C operators are designated. An owner or operator may contract with another person to provide Class A or Class B operator services for the owner or operator's UST system.

(b) Either a Class A, Class B, or Class C operator must be present on-site during the operation of a UST system facility, except as provided in subsection (c). At the owner or operator's discretion, one (1) person may be designated as the Class A, Class B, and Class C operator for a facility, provided that person complies with the requirements including the training requirements contained in section 6 of this rule, for each class for which that person is designated.

(c) The owner or operator of an unattended facility is not required to designate a Class C operator or have a Class A, Class B, or Class C operator present on-site during the operation of the UST system. The owner or operator of a partially attended facility must designate a Class C operator and have a Class A, Class B, or Class C operator present on-site during the period of time the facility is attended.
(1) Owners and operators of unattended and partially attended facilities must post in a conspicuous place a sign at least one (1) foot high by two (2) feet wide with letters at least one (1) inch high legibly stating the emergency shut-off procedures and the name, address, and telephone number that will reach a designated operator for the UST system along with the name and telephone number of the local emergency responders.
(2) The designated operators for the unattended or partially attended UST system remain responsible for operation and maintenance activities must otherwise meet the requirements of this rule.

(d) A certified Class A or Class B operator may be a designated operator for more than one (1) UST system facility.

(e) A person shall not perform the duties of a Class A or Class B operator unless that individual has a valid certificate from the department relating to that class. A person shall not perform the duties of a Class C operator unless that person has a valid certification as a Class C operator.
(Solid Waste Management Board; 329 IAC 9-9-3; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-4 Penalties and enforcement

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1


Sec. 4. Penalties for violation of this article shall be governed by IC 13-14, IC 13-23-14, and IC 13-30.
(Solid Waste Management Board; 329 IAC 9-9-4; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-5 Classification of operators

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 5. (a) A Class A operator is the person with primary responsibility for the overall operation of one (1) or more UST systems. The Class A operator's responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with this article and state and federal laws related to USTs. Class A operators are responsible for ensuring that appropriate personnel do all of the following:
(1) Properly operate and maintain the UST system.
(2) Maintain appropriate records.
(3) Receive training to operate and maintain the UST system and keep records.
(4) Properly respond to emergencies or alarms related to releases, leaks, or spills from UST systems at the facility.
(5) Make financial responsibility documents available to the department as required.

(b) A Class B operator is a person who has daily on-site responsibility and direct control over the operation, maintenance, and record keeping for one (1) or more UST systems. Class B operators are responsible for monitoring and ensuring that all of the following occur:
(1) Release or leak detection methods, record keeping, and reporting requirements are met.
(2) Release or leak prevention equipment, record keeping, and reporting requirements are met.
(3) All relevant equipment complies with performance standards.
(4) Appropriate personnel are trained to properly respond to emergencies or alarms caused by releases, leaks, or spills from the UST system.
(5) All designated Class C operators are provided with written instructions that include emergency response procedures as follows:
(A) Procedures for overfill protection during delivery of regulated substances.
(B) Operation of emergency shut-off systems.
(C) Appropriate responses to all alarms.
(D) Reporting of leaks, spills, and releases.
(E) All site-specific emergency procedures.
(F) The name and contact information of persons to contact if a leak, spill, or release occurs.

(c) A Class C operator is an employee or contractor of the UST system facility who has on-site responsibility to initially respond to alarms or other indications of emergencies caused by spills, leaks, or releases from UST systems. The Class C operator notifies the Class B or Class A operator for the UST system and appropriate emergency responders, including 911 personnel, when necessary. This operator also controls or monitors the dispensing or sale of regulated substances.

(d) The Class C operator training must include an understanding of the instructions described in subsection (b)(5) and how to take appropriate action in response to the following:
(1) Emergencies, including situations posing an immediate danger or threat to the public or to the environment that require immediate action.
(2) Alarms caused by spills, leaks, or releases from UST system.
(3) Reports from the public of damaged equipment or unusual operating conditions.
(Solid Waste Management Board; 329 IAC 9-9-5; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-6 Training requirements

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 6. (a) A person seeking to be certified as a Class A or Class B operator shall complete the online training and operator knowledge evaluation course provided by the department that relates to the responsibilities of the Class A or Class B operator contained in this rule.

(b) Class C operator training shall be conducted as follows:
(1) A certified Class A or Class B operator may provide training or may authorize training for a Class C operator employed at the UST system facility where the Class A or Class B operator is a designated operator. A Class A or Class B operator is not required to obtain approval from the department prior to providing training or authorizing training for a Class C operator.
(2) Trainers of Class C operators shall use instructional materials covering the topics listed in section 5(b)(5) and 5(d) of this rule.
(3) The trainer and the designated Class A or Class B operator shall sign a certification provided by the department online verifying that the Class C operator has been successfully trained by a qualified trainer and is certified for three (3) years from the date of the training.

(c) Class A, Class B, and Class C operators must receive full refresher training under the requirements of this rule and be recertified every three (3) years unless the provisions of section 8 of this rule apply. For Class A and Class B operators, retraining and recertification must be accomplished prior to the expiration of the certificate. For Class C operators, retraining and recertification must be accomplished prior to the expiration of the certification.
(Solid Waste Management Board; 329 IAC 9-9-6; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-7 Certified operator records; inspections

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 7. (a) Owners and operators shall maintain records identifying designated and certified Class A, Class B, and Class C operators of each UST system as required in 329 IAC 9-3-1(d).

(b) When requested by the department or at any inspection conducted by the state fire marshal, owners and operators of a facility or facilities containing a UST system shall provide a list of designated certified Class A, Class B, and Class C operators, as applicable for each facility.

(c) All records maintained under this section must include current contact information for each designated operator, including a telephone number and mailing address.
(Solid Waste Management Board; 329 IAC 9-9-7; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


329 IAC 9-9-8 Failure to comply; operator retraining and recertification

Authority: IC 4-22-2; IC 13-14-8-4; IC 13-14-8-7; IC 13-19-3-1; IC 13-23-1-1; IC 13-23-1-3; IC 13-23-7-1
Affected: IC 13-23


Sec. 8. (a) If the UST system for which the operators are responsible is found, through a department on-site inspection or records inspection, to have one (1) or more than one (1) of the following deficiencies:
(1) failure to comply as defined in 329 IAC 9-1-19.5;
(2) failure to timely submit notifications under this article; or
(3) failure to maintain financial responsibility under this article;
the Class A, Class B, or Class C operator must go through retraining and be recertified when, in the judgment of the commissioner, the deficiencies demonstrate the need for retraining and recertification.

(b) The Class A, Class B, or Class C operator, if required by the department, must complete retraining and be recertified within thirty (30) days of notification by the department that the operator or operators must be retrained.

(c) Failure to timely complete retraining will void the operator's certified status until the operator is retrained and recertified.

(d) An operator that is recertified under this section is recertified for a period of three (3) years, unless the provisions of this section apply.
(Solid Waste Management Board; 329 IAC 9-9-8; filed Dec 18, 2012, 2:02 p.m.: 20130116-IR-329100066FRA)


LSA Document #10-66(F)
Proposed Rule: 20120620-IR-329100066PRA
Hearing Held: July 17, 2012
Approved by Attorney General: December 14, 2012
Approved by Governor: December 18, 2012
Filed with Publisher: December 18, 2012, 2:02 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Jessica Faust-Hamblin, IDEM Small Business Regulatory Coordinator, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1301, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386 or (800) 451-6027, bbaughn@idem.in.gov

Posted: 01/16/2013 by Legislative Services Agency

DIN: 20130116-IR-329100066FRA
Composed: Aug 20,2014 11:15:28AM EDT
A PDF version of this document.