Mo. Code Regs. tit. 10 § 100-6.010

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 100-6.010 - UST Operator Training

PURPOSE: This amendment clarifies that persons must be trained before being expected to respond to an emergency.

(1) Definitions-In addition to the definitions contained in 10 CSR 26-1.010 and 10 CSR 100-2.010, the following definitions shall apply to this rule:

(A) "Class A/B Operator" means an individual who has responsibility for operating and maintaining an underground storage tank (UST) system in accordance with applicable requirements in 10 CSR 26-2.010-10 CSR 26-2.050, and for assuring that such requirements are implemented on a day-to-day basis;

(B) "Class C Operator" means an employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system;

(C) "Qualified Class A/B Operator" means a Class A/B Operator who has met the requirements of section (2) of this rule; and

(D) "Qualified Class C Operator" means a Class C Operator who has met the requirements of section (2) of this rule.

(2) Qualifications.

(A) To be a Qualified Class A/B Operator, an individual must-

1. Be certified as a Class A or Class A/B Operator in one (1) of the following states: Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee; or

2. Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

(B) To be a Qualified Class C Operator, an individual must-

1. Be certified as a Class C Operator in Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee;

2. Be trained by a Qualified Class A/B Operator; or

3. Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

(3) Required Designations.

(A) No later than July 1, 2016, the owner or operator of a UST that is in use must designate at least one (1) Qualified Class A/B Operator for such UST(s).

(B) No later than July 1, 2016, the owner or operator of a UST that is in use must ensure that he/she has designated Qualified Class C Operators.

(C) Within thirty (30) days of bringing a new UST(s) into use after July 1, 2016, the owner or operator must ensure that he/she has designated at least one (1) Qualified Class A/B Operator and has designated Qualified Class C Operators. Any employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system must become a Qualified Class C Operator prior to assuming that responsibility.

(D) Should a vacancy occur, the owner or operator of a UST that is in use must ensure that he/she has a Qualified Class A/B Operator within thirty (30) days of the respective vacancy. Any employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system must become a Qualified Class C Operator prior to assuming that responsibility.

(4) Recordkeeping-The owner or operator of a UST that is in use must maintain records documenting compliance with this rule. Such records must be made available to the Department of Natural Resources, the Petroleum Storage Tank Insurance Fund, or their designated agent(s) upon request.

(5) Retraining-Within ninety (90) days of notice from the Department of Natural Resources, the Petroleum Storage Tank Insurance Fund Board of Trustees, or their designated agent(s), to an owner or operator of an UST, stating that the UST is significantly out of compliance with the requirements of 10 CSR 26-2.010 -2.050, the UST owner or operator must-

(A) Ensure that the designated Class A/B Operator for that UST either demonstrates an understanding of such requirements by passing the test referenced in paragraph (2)(A)2. of this rule or demonstrates to the satisfaction of the Department of Natural Resources that he/she understands such requirements;

(B) Assign a new Qualified Class A/B Operator for that UST; or

(C) Properly and permanently close the UST in accordance with 10 CSR 26-2.061 and 2.062.

10 CSR 100-6.010

Adopted by Missouri Register February 17, 2015/Volume 40, Number 04, effective 3/31/2015

Amended by Missouri Register August 1, 2018/Volume 43, Number 15, effective 10/1/2018