N.M. Admin. Code § 20.5.104.408

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.104.408 - APPROVAL OF TRAINERS AND TRAINING

A. Training elements. Training materials must be updated within 90 days of the effective date of the regulations. The following topics shall be covered in approved training courses for class A and class B operators:

(1) general overview of department UST and AST program, to include emergency generator systems, airport hydrant systems, USTs with field-constructed tanks, hybrid storage tank systems, any other storage tank system regulated under 20.5 NMAC, and administrative requirements, including:

(a) registration forms and certificates, and process for filing and modifying them;

(b) notification process and general technical requirements for new installations, repairs, replacements and modifications;

(c) confirmed and suspected releases (including confirmation steps for suspected releases), monthly monitoring or release detection test failures, and other system failures that may indicate a release of regulated substance has or is occurring;

(d) annual tank fees and invoicing process;

(e) general requirements for maintaining and demonstrating financial responsibility;

(f) department process for inspections and technical assistance resources available, including written checklists required in 20.5.104.409 NMAC; and

(g) enforcement process for violations;

(2) general overview of other regulations pertaining to ASTs, USTs, and any other storage tank systems regulated under 20.5 NMAC, including but not limited to, fire codes, occupational health and safety, and any related industry practices pertaining to safety;

(3) spill prevention and overfill protection:

(a) rule requirements, including record keeping;

(b) equipment requirements;

(c) periodic inspection and testing requirements; and

(d) operation and maintenance records and reporting requirements;

(4) containment sumps:

(a) rule requirements, including record keeping;

(b) equipment requirements;

(c) periodic inspection and testing requirements; and

(d) operation and maintenance records and reporting requirements;

(5) release detection: for each type of release detection method listed and approved in 20.5.108 NMAC for UST systems, and 20.5.111 NMAC for AST systems:

(a) rule requirements, including record keeping;

(b) monitoring and equipment requirements, including third party approval requirements;

(c) periodic inspection and testing requirements; and

(d) operation and maintenance records and reporting requirements;

(6) corrosion protection:

(a) rule requirements, including record keeping and reporting requirements;

(b) equipment requirements; and

(c) operation and maintenance needs, including periodic inspections and testing;

(7) walk-through inspection requirements to include rule requirements and recordkeeping;

(8) classes of operators and operator training requirements, including designation and certification;

(9) temporary and permanent closure requirements:

(a) rule requirements, including record keeping;

(b) return to service;

(c) site assessment; and

(d) change in service;

(10) general requirements for tank installer and junior installer certification and tester requirements:

(a) rule requirements, including record keeping;

(b) when certified installers are required;

(c) qualification for testers; and

(d) how to find certified installers and verify certified status.

B. Training standards. In determining whether to approve any trainer or training, the department shall consider the following:

(1) whether the trainer is a third-party, in-house, educational institution or other;

(2) whether the trainer will offer training in multiple locations throughout the state, regionally or locally;

(3) how often the trainer will offer training;

(4) what fee (if any) the trainer will charge;

(5) whether the trainer will offer classes only to employee or in-house operators, to the general public, or to independent contract operators.

C. Training options may cover all or a portion of the required elements, and may include:

(1) live training sessions in a classroom setting or at a storage tank system;

(2) internet or computer training program; or

(3) any other equivalent training method approved by the department.

D. Application for approval of training class. Trainers shall apply to the department for approval of training classes. An application for approval of training class shall include at a minimum:

(1) name, address and contact information of the proposed trainer;

(2) detailed description of the proposed trainer's experience, education and qualifications to conduct training;

(3) agenda and materials to be used for the proposed class that shall include the elements required in this section;

(4) final tests or other proposed methods of evaluating attendee success;

(5) copies of proposed documentation to certify successful attendees as certified operators as required in 20.5.104.412 NMAC and to be used for the monthly and annual inspections required in 20.5.104.409 NMAC;

(6) the proposed fee schedule for the training class; and

(7) the proposed calendar for the proposed training classes that includes location and frequency.

E. Applications for approval of training classes shall only be accepted during the months of January and October.

F. The department shall evaluate applications for approval of training classes and provide a written approval, denial or request for additional information within the following timeframes:

(1) within 90 days of receipt of the original application;

(2) if the original application is denied and a second application is submitted, within 60 days of receipt of the second application; and

(3) if the second application is denied and a third application is submitted, within 60 days of receipt of the third application.

G. If the department has denied an application three times pursuant to Subsection F above, the applicant shall not re-submit an application for a period of one year from the date of receipt of the third denial.

H. The department may periodically audit or review any training class, and the trainer shall allow a maximum of two department employees to attend any training class on request without charge and without certification (except a reasonable charge for copying and materials). Upon an audit, the department may require the trainer to update or amend the training material.

I. The department may revoke approval of a training class if it determines that the trainer is not performing adequately or has misrepresented information about the content of the course material.

[The department provides a form for application for approval of a training class, available on the petroleum storage tank bureau's pages on the department website or by calling the department at 505-476-4397 or by writing to the Petroleum Storage Tank Bureau at 2905 Rodeo Park Drive East, Building 1, Santa Fe, New Mexico 87505, Santa Fe, New Mexico. Owners shall submit applications for approval of the training to the bureau.]

N.M. Admin. Code § 20.5.104.408

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018