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| Montana Administrative Register Notice 17-293 | No. 17 09/10/2009 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On October 7, 2009, at 10:30 a.m., a public hearing will be held in Room 136/137 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed adoption of the above-stated rules. 2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., September 21, 2009, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected]. 3. The proposed new rules provide as follows: NEW RULE I OPERATOR TRAINING DEFINITIONS For purposes of [New Rules lI through V], the following definitions apply: (1) "Class A operator" means an owner, operator, or employee of an UST facility whose primary responsibility is to operate and maintain the UST system. A Class A operator's responsibilities also include managing resources and personnel to achieve and maintain compliance with regulatory requirements. (2) "Class B operator" means an owner, operator, or employee of an UST facility whose primary responsibility is to implement the applicable underground storage tank regulatory requirements and standards in the field. A Class B operator implements day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more facilities. (3) "Class C operator" means a person who is responsible for responding to alarms or other indications of emergencies caused by spills or releases from UST systems. A Class C operator notifies the Class B or Class A operator and appropriate emergency responders when necessary. (4) "Operator" has the meaning provided in 75-11-203, MCA. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA NEW RULE II OPERATOR TRAINING (1) By August 8, 2010, the owner or operator of an UST system that has a valid operating permit or that is required to have an operating permit under ARM 17.56.308 shall have trained Class A, B, and C operators for the system. The operators must be trained in accordance with [New Rule III]. Each Class A, B, or C operator shall be responsible for his or her applicable operation, maintenance, and emergency response activities, even when the operator is not present at the facility. (2) After August 8, 2010, a trained Class A or B operator of an UST system may be replaced by an untrained operator if, within 30 days after assuming operation responsibilities, the new operator receives training in accordance with [New Rule III]. Class C operators must be trained before assuming their responsibilities. (3) One person may hold all or any combination of the Class A, B, or C operator positions simultaneously, if he or she has the appropriate training. (4) An UST owner or operator shall notify the department within 30 days after a new Class A, B, or C operator replaces an existing Class A, B, or C operator. (5) If the department determines that an UST system does not meet EPA's significant operational compliance (SOC) requirements for release prevention and release detection measures identified at http://www.epa.gov/oust/cmplastc/soc.htm, the appropriate operators, as determined by the department, must be retrained. Retraining must include the subjects in which the UST system was found to be not in significant compliance. Retraining must occur within a reasonable time frame established by the department. For purposes of this chapter, the department adopts and incorporates by reference the EPA SOC requirements identified at http://www.epa.gov/oust/cmplastc/soc.htm. Copies of the documents incorporated by reference may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA NEW RULE III OPERATOR TRAINING: AUTHORIZED PROVIDERS; REQUIRED SUBJECTS (1) Training of UST system operators must be performed by the department or by a third-party trainer approved by the department pursuant to [New Rule IV], except that a trained Class A or B operator may train a Class C operator. (2) Class A operators must be trained in the following: (a) general knowledge of underground storage tank system requirements so that the operator can make informed decisions regarding compliance and can ensure that appropriate persons are meeting the operation, maintenance, and recordkeeping requirements provided in ARM Title 17, chapter 56. The general knowledge must include, but is not limited to, the following: (i) spill prevention; (ii) overfill prevention; (iii) release detection; (iv) corrosion protection; (v) emergency response; (vi) product compatibility; and (vii) reporting and recordkeeping requirements; (b) financial responsibility documentation requirements; (c) notification requirements; (d) release and suspected release reporting; (e) temporary and permanent closure requirements; (f) operator training requirements; and (g) all the requirements applicable to Class B and C operators. (3) Class B operators must be trained in the following aspects of the UST system that is under their responsibility: (a) components of UST systems; (b) materials used in UST system components; (c) methods of release detection and release prevention applied to UST components; (d) operation, maintenance, and recordkeeping requirements provided in ARM Title 17, chapter 56 including, but not limited to: (i) spill prevention; (ii) overfill prevention; (iii) release detection; (iv) corrosion protection; (v) emergency response; (vi) product compatibility; and (vii) reporting and recordkeeping requirements; and (e) all the requirements applicable to Class C operators. (4) Class C operators must be trained in the following aspects of the UST system that is under their responsibility: (a) emergency shut-down procedures; (b) how to respond to a surface spill; and (c) who to contact in the event of a surface spill, suspected release, equipment alarm or equipment malfunction, and how to contact them. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA NEW RULE IV OPERATOR TRAINING: RECORDKEEPING (1) Owners or operators shall maintain records documenting the training received for all of their UST system operators. Records must be maintained either: (a) at the UST system site and must be immediately available for inspection by the department; or (b) at a readily available alternative site and must be available for inspection by the department upon request. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA NEW RULE V OPERATOR TRAINING: THIRD-PARTY TRAINING COURSE APPROVAL (1) Operator training by a third-party provider does not satisfy the training requirements of [New Rule II] unless the department has approved the provider's instructors and courses pursuant to this rule. (2) To apply for department approval of a training program under this rule, a third-party training provider shall submit to the department, at least 60 days before the requested approval date: (a) a detailed description of course content and the amount of time allotted to each major topic; (b) a description of the evaluation method; and (c) when requested by the department, copies of all materials proposed for use. (3) The department may attend a third-party training program as an observer to verify whether the provider conducts the training in accordance with the requirements of [New Rule III] and in accordance with the program as approved by the department. (4) The department may approve a third-party training program if the program meets the requirements of [New Rule III]. (5) If a Class A or B operator has completed operator training in another state, the department may approve the training if the training requirements of the other state are at least as stringent as the training requirements under this subchapter. (6) The department may suspend its approval if it finds that the program fails to meet the requirements of [New Rule III] or is not in accordance with the program as approved by the department. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA REASON: The department is proposing to adopt New Rules I through V to implement federal requirements that underground storage tank (UST) systems have trained operators. The federal requirements are found in Section 9010(a) of the Solid Waste Disposal Act, enacted by the Underground Storage Tank Compliance Act, part of the Energy Policy Act of 2005. The proposed new rules are necessary to comply with the federal requirements and to provide training to UST operators to assist them in the prevention and correction of leakage from underground storage tanks. As required by Section 9010, the United States Environmental Protection Agency (EPA) has published Grant Guidelines to States for Implementing the Operator Training Provision of The Energy Policy Act of 2005 (August 2007). The EPA Guidelines specify training requirements for three classes of operators: (a) persons having primary responsibility for on-site operation and maintenance of underground storage tank systems (Class A operators); (b) persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems (Class B operators); and (c) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system (Class C operators). Proposed New Rule I contains definitions of the different classes of operators who must be trained. Proposed New Rule II requires that UST system owners and operators have trained Class A, B, and C operators by August 8, 2010. The trained operator requirements apply to all UST systems subject to ARM Title 17, chapter 56, subchapter 3, as provided in ARM 17.56.102, which have a valid operating permit or are required to have an operating permit under ARM 17.56.308. These rules are necessary to meet the federal guidelines to establish the training requirement and to identify the systems and operators to which the requirement is applicable. Proposed New Rule III requires that operator training be done through a department training course or by a third-party trainer whose course is approved by the department. New Rule III also sets out the minimum requirements for training course content, based on the EPA Guidelines. This rule is necessary to meet the federal guidelines, to identify appropriate training providers, and to identify the specific subjects on which training is required. Proposed New Rule IV requires UST system owners or operators to maintain records documenting the training received by their operators. The records must be maintained at the UST site or at a readily available alternative site. This rule is necessary to meet the federal guidelines, and to provide a method to verify that operators have appropriate training. Proposed New Rule V sets out procedures for department approval of third-party training providers and for approval of training provided by other states. This rule is necessary to provide a procedure to ensure that UST operator training by entities other than the department meets the federal guidelines. 4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 5. James Madden, attorney, has been designated to preside over and conduct the hearing. 6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to [email protected]; or may be made by completing a request form at any rules hearing held by the department. 7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. Reviewed by: DEPARTMENT OF ENVIRONMENTAL QUALITY /s/ James M. Madden BY: /s/ Richard H. Opper JAMES M. MADDEN Richard H. Opper, Director Rule Reviewer Certified to the Secretary of State, August 31, 2009.
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