Chapter 16. Trained Facility Operators
Regulation .01 Scope.LinkCopy Citation
A.
This chapter applies to an owner and an operator of a UST system or group of UST systems located at a regulated substance storage facility.
B.
This chapter establishes the Class A operator, the Class B operator, and the Class C operator classifications, and the required knowledge, duties, skills, training requirements, and certification requirements for each operator classification.
C.
This chapter:
(1)
Does not apply to an owner and an operator of a UST system that stores only heating oil for consumptive use;
(2)
Does not alter the definition of an operator set forth in COMAR 26.10.01.02B;
(3)
Does not apply to an individual defined as an operator under COMAR 26.10.01.02B, unless an owner and an operator of a UST system or group of UST systems located at a regulated substance storage facility designates that individual to serve as the Class A operator, the Class B operator, or the Class C operator for the UST system or group of UST systems at the regulated substance storage facility;
(4)
Does not relieve an owner and an operator of a UST system of the duty to comply with the legal responsibilities under:
(a)
40 CFR Part 280;
(b)
Environment Article, Title 4, Annotated Code of Maryland;
(c)
Environment Article, Title 7, Annotated Code of Maryland; and
(d)
COMAR 26.10.01—26.10.12; and
(5)
Does not alter or transfer the legal responsibilities for, between, or among an owner and an operator of a UST system under:
(a)
40 CFR Part 280;
(b)
Environment Article, Title 4, Annotated Code of Maryland;
(c)
Environment Article, Title 7, Annotated Code of Maryland; and
(d)
COMAR 26.10.01—26.10.12.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter:
(1)
A term in §B of this regulation has the meaning indicated; and
(2)
A term not defined in §B of this regulation has:
(a)
The meaning given to the term in a relevant statute or COMAR 26.10.01 or 26.10.02; or
(b)
If not defined in a relevant statute or COMAR 26.10.01 or 26.10.02, the meaning attributed by common use.
B.
Terms Defined.
(1)
“Class A operator” means an individual who:
(a)
Has primary responsibility to operate and maintain a UST system in accordance with applicable requirements established by the Department; and
(b)
Typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
(2)
“Class B operator” means an individual who:
(a)
Has day-to-day responsibility for implementing applicable regulatory requirements for a UST system established by the Department; and
(b)
Typically implements in-field aspects of operation, maintenance, and associated recordkeeping for a UST system.
(3)
“Class C operator” means an individual who:
(a)
Is responsible for initially addressing emergencies presented by a spill, release, or discharge from a UST system; and
(b)
Typically controls or monitors the dispensing or sale of regulated substances.
(4)
“Training Program” means an informational course, class, or set of training instructions approved by the Department for educating and certifying a Class A operator, Class B operator, or Class C operator to comply with this chapter.
Regulation .03 Implementation.LinkCopy Citation
A.
An owner and an operator of a UST system or group of UST systems shall:
(1)
Designate by a written list one or more individuals to serve as a Class A operator, a Class B operator, and a Class C operator for a UST system or group of UST systems at a regulated substance storage facility;
(2)
Ensure that Class A operators, Class B operators, and Class C operators designated under §A(1) of this regulation are trained and certified in accordance with this chapter;
(3)
Provide written instructions for the UST system or group of UST systems at the regulated substance storage facility that are readily accessible at all times to the Class A operators, the Class B operators, and the Class C operators identified under §A(1) of this regulation and that describe how to:
(a)
Respond to operational or equipment alarms, warnings, or alert mechanisms;
(b)
Implement the emergency shutoff process;
(c)
Respond to a suspected or confirmed spill, release or discharge, unusual operating conditions, emergencies, and equipment failures; and
(d)
Notify the Department of a spill, release, or discharge in accordance with:
(i)
Environment Article, §4-410, Annotated Code of Maryland;
(ii)
COMAR 26.10.01.05; and
(iii)
COMAR 26.10.08.01—.04;
(4)
Provide emergency telephone numbers for contacting emergency response authorities, persons responsible for the regulated substance storage facility, and the Department in the event of a suspected or confirmed spill, release or discharge, unusual operating conditions, an emergency, or an equipment failure;
(5)
Except for an approved unattended motor fuel dispensing facility, ensure that the emergency telephone numbers provided under §A(4) of this regulation are readily accessible on-site to the Class A operators, the Class B operators, and the Class C operators and other facility personnel; and
(6)
For an approved unattended motor fuel dispensing facility, ensure that the emergency telephone numbers provided under §A(4) of this regulation are conspicuously posted on a sign as required by COMAR 26.10.01.20E.
B.
An owner and an operator of a UST system or a group of UST systems at a regulated substance storage facility may not:
(1)
Dispense from or store in a UST system a regulated substance unless the Class A operators, the Class B operators, and the Class C operators have been designated, trained, and certified as required by this chapter; and
(2)
Except for an approved unattended motor fuel dispensing facility, dispense a regulated substance from a UST system unless at least one Class A operator, Class B operator, or Class C operator is present at the regulated substance storage facility.
C.
An owner and an operator of a UST system or group of UST systems at a regulated substance storage facility shall ensure that:
(1)
A regulated substance storage facility continuously has one or more individuals designated, trained, and certified to serve as a Class A operator, a Class B operator, and a Class C operator as required by this chapter;
(2)
New or replacement Class A operators and Class B operators are trained and certified within 30 days after assuming duties and responsibilities of the designated class;
(3)
New or replacement Class C operators are trained and certified before assuming duties and responsibilities of the class; and
(4)
The following documents are updated within 10 business days of a change:
(a)
The written list set forth in §A(1) of this regulation;
(b)
The written instructions set forth in §A(3) of this regulation; and
(c)
The emergency telephone numbers set forth in §A(4) of this regulation.
D.
An owner and an operator of a UST system or group of UST systems at an approved unattended motor fuel dispensing facility shall ensure that:
(1)
A Class A operator, a Class B operator, or a Class C operator inspects the regulated substance storage facility for suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures monthly or at another frequency approved by the Department; and
(2)
A written record of inspections required in §D(1) of this regulation are maintained by the owner and the operator of the UST system or group of UST systems and made available upon request by the Department or a UST system inspector certified by the Department under COMAR 26.10.06.
Regulation .04 Requirements for Designated Operators.LinkCopy Citation
A.
A Class A operator shall:
(1)
Successfully complete Class A operator training required by this chapter and approved by the Department;
(2)
In accordance with this chapter and COMAR 26.10.01—26.10.12, ensure that:
(a)
The installation, upgrade, and repair of a UST system is performed in the continuous on-site presence and under the direction of a UST system technician certified under COMAR 26.10.06;
(b)
The closure or a change-in-service of a UST system is performed in the continuous on-site presence and direction of a UST system technician or remover certified under COMAR 26.10.06;
(c)
A qualified person implements the operation, maintenance, testing, and recordkeeping requirements for a UST system, including requirements related to:
(i)
Spill and overfill prevention;
(ii)
Release detection, reporting, and emergency response;
(iii)
Corrosion protection;
(iv)
Product and equipment compatibility;
(v)
Financial responsibility;
(vi)
Notification and UST system registration;
(vii)
The temporary and permanent closure and change-in-service of a UST system; and
(viii)
Class B operator and Class C operator training and certification; and
(d)
Records required to demonstrate compliance with COMAR 26.10.01—26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector;
(3)
Maintain knowledge of the skills and training requirements for Class B operators and Class C operators; and
(4)
Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:
(a)
Immediately accessible for consultation by telephone when the facility is operating; and
(b)
On-site at the regulated substance storage facility within 24 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.
B.
A Class B operator shall:
(1)
Successfully complete Class B operator training required by this chapter and approved by the Department;
(2)
In accordance with this chapter and COMAR 26.10.01—26.10.12, ensure that:
(a)
UST system release detection methods are implemented, and release detection and prevention equipment are operational and tested;
(b)
Release detection reporting requirements are met;
(c)
The inspection and testing of spill prevention, overfill prevention, and corrosion protection equipment for proper operation are conducted;
(d)
Walkthrough inspections are conducted;
(e)
All required UST system equipment tests are conducted;
(f)
UST equipment manufacturer and third-party performance standards are met, and the applicable standards, manuals, and instructions are available at a regulated substance storage facility;
(g)
Records required to demonstrate compliance with COMAR 26.10.01—26.10.12 are maintained and made available upon request to the Department or a certified UST system inspector; and
(h)
A Class C operator is trained in accordance with this chapter to respond properly to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures;
(3)
Maintain knowledge of the skills and training requirements for a Class C operator; and
(4)
Be available to respond to a suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by being:
(a)
Immediately accessible for consultation by telephone when the facility is operating; and
(b)
On-site at the regulated substance storage facility within 24 hours of a receiving request from emergency response personnel or the Department, or within another time period approved by the Department.
C.
A Class C operator shall:
(1)
Successfully complete the Class C operator training required by this chapter and approved by the Department; and
(2)
Control and monitor the dispensing or sale of a regulated substance;
(3)
Immediately respond to alarms, equipment failures, or other indications of emergencies caused by a spill, release, or discharge from the UST system;
(4)
Notify a Class A operator or a Class B operator, appropriate emergency response personnel, and the Department of a suspected or confirmed spill, release, or discharge in accordance with the written instructions provided by the owner and the operator of the UST system as set forth in Regulation .03A(3) of this chapter; and
(5)
Be available to respond to suspected or confirmed spills, releases or discharges, unusual operating conditions, emergencies, and equipment failures at a regulated substance storage facility by:
(a)
Except for an approved unattended motor fuel dispensing facility, being on-site and readily available whenever the regulated substance storage facility is operating; or
(b)
For an approved unattended motor fuel dispensing facility:
(i)
Being immediately accessible for consultation by telephone with emergency response personnel or the Department; and
(ii)
Being on-site at the regulated substance storage facility within 2 hours of receiving a request from emergency response personnel or the Department, or within another time period approved by the Department.
Regulation .05 Requirements for Operator Training.LinkCopy Citation
A.
An owner and an operator of a UST system or a group of UST systems shall ensure each individual designated as Class A operator, Class B operator, and a Class C operator for a regulated substance storage facility is trained in accordance with the requirements of this regulation.
B.
An individual designated for more than one operator class shall successfully complete the required training program for each operator class in which the individual is designated.
C.
An owner and an operator of a UST system or a group of UST systems shall:
(1)
Ensure any training program meets the minimum training requirements of this regulation for each operator class; and
(2)
Include an evaluation through testing, a practical demonstration, or another approach approved by the Department.
D.
Class A Operators.
(1)
An owner and an operator of a UST system or a group of UST systems shall provide a Class A operator training program that meets the requirements in §D(2) and (3) of this regulation.
(2)
At a minimum, the training program for a Class A operator provides general knowledge and teaches a Class A operator about the purpose, methods, and functions of:
(a)
Spill and overfill prevention;
(b)
Release detection;
(c)
Corrosion protection;
(d)
Emergency response;
(e)
Product and equipment compatibility and demonstration of compatibility;
(f)
Financial responsibility;
(g)
Notification and UST system registration;
(h)
The temporary and permanent closure and change-in-service of a UST system;
(i)
Reporting, recordkeeping, testing, and inspections;
(j)
Environmental and regulatory consequences of releases; and
(k)
Training requirements for Class B operators and Class C operators.
(3)
At a minimum, the training program evaluates a Class A operator to determine if the individual has the knowledge and skills in accordance with §D(2) of this regulation to:
(a)
Make informed decisions regarding regulatory compliance; and
(b)
Determine whether appropriate individuals are fulfilling the operation, maintenance, testing, and recordkeeping requirements for UST systems.
E.
Class B Operators.
(1)
An owner and an operator of a UST system or group of UST systems shall provide a Class B operator training program that meets the requirements in §E(2)—(4) of this regulation.
(2)
At a minimum, the training program for a Class B operator covers either:
(a)
General requirements that encompass all regulatory requirements and typical equipment used at a regulated substance storage facility; or
(b)
Site-specific requirements that address only the regulatory requirements and equipment specific to a regulated substance storage facility for which the Class B operator has been designated.
(3)
At a minimum, the training program for a Class B operator teaches the Class B operator about the purpose, methods, and functions of:
(a)
Operation and maintenance;
(b)
Spill and overfill prevention;
(c)
Release detection and related reporting;
(d)
Corrosion protection;
(e)
Emergency response;
(f)
Product and equipment compatibility and demonstration of compatibility;
(g)
Reporting, recordkeeping, testing, and inspections;
(h)
Environmental and regulatory consequences of releases; and
(i)
Training requirements for Class C operators.
(4)
At a minimum, the training program evaluates a Class B operator to determine if the individual has the knowledge and skills in accordance with §E(2) and (3) of this regulation to implement applicable UST regulatory requirements in the field on:
(a)
The components of a typical UST system; or
(b)
The site-specific equipment used at a regulated substance storage facility for which the Class B operator has been designated.
F.
Class C Operators.
(1)
An owner and an operator of a UST system shall provide a Class C operator training program that meets the requirements in §F(2)—(5) of this regulation and Regulation .07D of this chapter.
(2)
A certified Class A operator or a certified Class B operator designated for a regulated substance storage facility shall train each individual designated as a Class C operator for the same regulated substance storage facility.
(3)
At a minimum, the training program for a Class C operator teaches the Class C operator to take appropriate action, including notifying appropriate authorities, in response to emergencies or alarms caused by spills, releases, and discharges resulting from the operation of a UST system.
(4)
The training program for a Class C operator is specific to a regulated substance storage facility for which the individual has been designated, and the training program is not valid for another regulated substance storage facility.
(5)
At a minimum, the training program evaluates a Class C operator to determine if the individual has the knowledge and skills in accordance with §F(3) and (4) of this regulation to take appropriate action, including notifying appropriate authorities, in response to emergencies or alarms caused by spills, releases, and discharges from a UST system.
Regulation .06 Training Programs.LinkCopy Citation
A.
The Department shall:
(1)
Review and approve training programs for Class A operators, Class B operators, and Class C operators; and
(2)
Make available a list of approved training programs.
B.
The Department may not approve a training program if:
(1)
A person intending to implement a training program has demonstrated a history of noncompliance with the requirements of COMAR 26.10;
(2)
The training program does not meet the minimum requirements established in Regulation .05 of this chapter;
(3)
Department-required changes to training materials are not made; or
(4)
The person implementing the training program has not demonstrated a process to keep records in accordance with this regulation.
C.
A person implementing a training program shall:
(1)
Obtain approval for a training program in writing from the Department by;
(a)
Ensuring the training program meets the minimum requirements established in Regulation .05 of this chapter;
(b)
Ensuring the certification requirements in Regulation .07A and B of this chapter are met;
(c)
Submitting training program materials, including a program outline, presentation materials, and testing materials to the Department for review;
(d)
Making any changes required by the Department; and
(e)
Demonstrating that the recordkeeping requirements of this regulation will be met;
(2)
Provide operator training in accordance with a Department-approved training program;
(3)
Obtain approval for a change to an approved training program in writing from the Department;
(4)
Provide a dated certificate to each trainee that successfully completes a training program;
(5)
Maintain the following training records:
(a)
Date and location of training;
(b)
Names of trainers providing training;
(c)
Names of trainees in attendance;
(d)
Names of trainees certified as Class A operators, Class B operators, and Class C operators; and
(e)
A copy of the dated certificate required in §C(4) of this regulation;
(6)
Make records available upon request by the Department or a UST system inspector certified under COMAR 26.10.06; and
(7)
Allow the Department to audit a training program.
D.
Reauthorization of Currently Approved Training Programs.
(1)
Upon the effectiveness of a new or revised regulation under this chapter or COMAR 26.10.01—26.10.12, the Department shall provide notice to a person implementing a currently approved training program that the person is required to update an approved training program.
(2)
Upon receiving notice from the Department, a person shall revise a currently approved training program and submit the revised training program materials to the Department for approval.
(3)
A person may not implement an updated training program that has not been approved by the Department.
Regulation .07 Certification.LinkCopy Citation
A.
An owner and an operator of a UST system or a group of UST systems at a regulated substance storage facility shall have:
(1)
An individual designated to be a Class A operator or a Class B operator, or both, successfully complete a training program in accordance with §B or C of this regulation; and
(2)
An individual designated to be a Class C operator successfully complete a training program in accordance with §D of this regulation.
B.
The Department shall consider an individual to have successfully completed a Class A operator or a Class B operator training program if the following requirements are met:
(1)
An individual designated as a Class A operator was trained and evaluated in accordance with Regulation .05D of this chapter;
(2)
An individual designated as a Class B operator was trained and evaluated in accordance with Regulation .05E of this chapter;
(3)
An individual attended 100 percent of the training program;
(4)
An individual achieved a score of 80 percent or better on a written competency test of the information presented; and
(5)
The trainer provided a dated certificate to an individual that successfully completed the training.
C.
With approval from the Department, an owner and an operator of a UST system or a group of UST systems at a regulated substance storage facility may conduct a training program at the regulated substance storage facility for an individual designated to serve as the Class A operator or the Class B operator, or both, at the facility provided the following requirements are met:
(1)
An individual designated as a Class A operator is trained and evaluated in accordance with Regulation .05D of this chapter;
(2)
An individual designated as a Class B operator is trained and evaluated in accordance with Regulation .05E of this chapter;
(3)
An individual demonstrates to the satisfaction of the trainer:
(a)
For a Class A operator, the individual has the knowledge and skills in accordance with Regulation .05D(2) of this chapter to:
(i)
Make informed decisions regarding regulatory compliance for a UST system at the regulated substance storage facility; and
(ii)
Determine whether appropriate individuals are fulfilling the operation, maintenance, testing, and recordkeeping requirements for a UST system at the regulated substance storage facility;
(b)
For a Class B operator, that the individual has the knowledge and skills in accordance with Regulation .05E(2) and (3) of this chapter to implement applicable UST system regulatory requirements for the site-specific equipment used at the facility; and
(4)
The trainer provides a dated certificate to an individual that successfully completes the on-site training.
D.
A certified Class A operator or a certified Class B operator designated for a regulated substance storage facility shall train and certify an individual to be a Class C operator for that regulated substance storage facility by:
(1)
Training and evaluating the individual in accordance with Regulation .05F of this chapter;
(2)
Having the individual demonstrate an understanding of the written instructions required by Regulation .03A(3) of this chapter; and
(3)
Upon successful completion of the training, completing and signing a form provided by the Department that certifies the Class C operator has been successfully trained.
E.
In addition to §D of this regulation, an owner and an operator of a UST system or group of UST systems at a regulated substance storage facility may provide an off-site or on-site training program to an individual designated to serve as a Class C operator.
F.
Reciprocity.
(1)
The Department may allow a Class A operator or a Class B operator certification from another state to satisfy the requirements of this chapter.
(2)
An individual certified as a Class A operator or a Class B operator in another state shall request reciprocity as a Class A operator or a Class B operator on a form provided by the Department.
(3)
An individual requesting reciprocity shall demonstrate to the satisfaction of the Department that the operator training requirements and the UST system regulations where the individual is presently certified are at least as stringent as this chapter and COMAR 26.10.01—26.10.12.
Regulation .08 Sanctions.LinkCopy Citation
A.
Retraining.
(1)
If the Department determines that a Class A operator or a Class B operator is not in compliance with a regulation in this chapter, or that a regulated substance storage facility is not in compliance with any regulations in COMAR 26.10.01—26.10.12, the Department shall document the deficiency.
(2)
Upon notice of a documented deficiency provided under §A(1) of this regulation, the owner and the operator of the UST system and regulated substance storage facility shall implement one or more of the following options as directed by the Department for the designated Class A operator or Class B operator, or both:
(a)
Have the Class A operator or the Class B operator complete a full training program and meet the certification requirements of this chapter;
(b)
Have the Class A operator or the Class B operator complete a training program tailored to the areas the Department determined were deficient and demonstrate the duties, skills, and knowledge areas in compliance with the requirements of this chapter or in a manner specified by the Department; or
(c)
Have the Class A operator or the Class B operator complete partial on-site training given by a Department representative in the areas the Department determined were deficient and demonstrate the duties, skills, and knowledge areas to the satisfaction of the Department representative.
(3)
In providing a notice under §A(2) of this regulation, the Department may require a Class A operator or a Class B operator, or both, receive training from an alternate training program rather than the training program in which the operator originally or most recently received training from.
(4)
Not later than 30 days after receiving a notice from the Department under §A(2) of this regulation, an owner and an operator of a UST system shall ensure that a Class A operator or a Class B operator, or both, completes the retraining required by the Department, unless the Department waives the retraining requirement for either the Class A operator or the Class B operator, or both.
(5)
Within 60 days of the Department’s directive to retrain a Class A operator or a Class B operator, or both, an owner and an operator of a UST system shall submit written verification to the Department that retraining was completed.
(6)
In addition to the retaining requirements in §A(1)—(5) of this regulation, the Department may require an owner and an operator of a UST system and a regulated substance storage facility to retrain designated Class C operators.
B.
Training Programs. The Department may suspend or revoke its approval of a training program if the Department determines that a person implementing a training program or a trainer for the training program has done one or more of the following:
(1)
Demonstrated a willful or negligent disregard or repeated violations of the regulations in COMAR 26.10; or
(2)
Willfully or negligently submitted false information to the Department.
C.
A person violating a provision of this chapter is subject to sanctions under:
(1)
Environment Article, Title 4, Subtitle 4, Annotated Code of Maryland;
(2)
Environment Article, Title 7, Subtitle 2, Part VIII, Annotated Code of Maryland; and
(3)
Any other sanctions provided by federal or State statutes or regulations.
Regulation .09 Recordkeeping.LinkCopy Citation
An owner and an operator of a UST system or a group of UST systems at a regulated substance storage facility shall:
A.
Maintain records in accordance with COMAR 26.10.04.05 that demonstrate compliance with this chapter;
B.
Maintain the following records:
(1)
A list of certified Class A operators, Class B operators, and Class C operators designated for a regulated substance storage facility by the owner and the operator as required by Regulation .03A(1) of this chapter that:
(a)
Identifies all Class A operators, Class B operators, and Class C operators currently designated for the facility; and
(b)
Includes for each currently designated operator:
(i)
The operator’s name, mailing address, and emergency contact number;
(ii)
The date the operator assumed duties for the operator class at the facility; and
(iii)
The name of the initial training program and any required retraining programs and the date of completion for each training program;
(2)
Paper or electronic records verifying the completion of a training or a retraining program for each currently designated Class A operator, Class B operator, and Class C operator that:
(a)
Identifies the name of the trainee, the date trained, and the name of the operator training class that was completed;
(b)
Lists the name of the trainer and the training company name, address, and telephone number; and
(c)
Includes a copy of the training certificate issued to the operator;
(3)
Written verification from the Class A operator or the Class B operator that designates a Class C operator demonstrating the Class C operator’s understanding of the written instructions required by Regulation .03A(3) of this chapter; and
(4)
Copies of the inspection records required in Regulation .03D(2) of this chapter;
C.
Ensure compliance with the following training record requirements:
(1)
A trainer shall sign records from classroom or field training programs, including Class C operator training provided by a Class A operator or a Class B operator;
(2)
Records from computer-based training programs, at a minimum, indicate the name of the training program and the web address; and
(3)
Records of retraining include those areas on which the Class A operator or the Class B operator, or both, were retrained;
D.
Keep the records required by §B of this regulation at a location designated by the owner for the following durations:
(1)
Records required by §B(1)—(3) of this regulation for as long as a Class A operator, Class B operator, and Class C operator is designated; and
(2)
Records required by §B(4) of this regulation for 5 years; and
E.
Ensure the records required to be maintained under this chapter are available upon request by the Department or a UST system inspector certified by the Department under COMAR 26.10.06.
Chapter annotations
Authority: Environment Article, §§4-401, 4-402, 4-405, 4-408<MA>4-411.1, 4-412, 4-415-1—4-419, and 7-201 et seq., Annotated Code of Maryland
History: Effective date: April 19, 2010 (37:8 Md. R. 621)
History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective June 13, 2022 (49:12 Md. R. 642)