Tank operator requirements

Scope

The federal regulations for USTs apply only to systems storing either petroleum or the hazardous substances defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, excluding any substance regulated as a hazardous waste under Subtitle C.

All UST owners and operators must, at a minimum, meet the federal 2015 UST regulations. Some states have stricter regulations that UST owners and operators must meet. As of September 2021, all 50 states and the District of Columbia have incorporated the revised 2015 regulations into their UST regulations.

Subtitle I of the Solid Waste Disposal Act allows states to operate UST programs in lieu of the federal UST program through the state program approval (SPA) regulation. UST systems in states that aren’t part of the SPA program must meet the federal regulations.

Regulatory citations

• 40 CFR 280 Subpart J — Operator training
• 40 CFR Part 281 — Approval of state underground storage tank programs

Key definitions

• Class A Operator: An individual who has primary responsibility to operate and maintain an underground storage tank system in accordance with applicable requirements established by the implementing agency. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
• Class B operator: An individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the implementing agency. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for an underground storage tank system.
• Class C operator: An individual responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.
• Implementing agency: EPA or, in the case of a state with a program approved under Section 9004 (or pursuant to a memorandum of agreement with EPA), the designated state or local agency responsible for carrying out an approved underground storage tank program.
• Operator: Any person in control of, or having responsibility for, the daily operation of the underground storage tank system.
• Underground storage tank (UST): Any one or combination of tanks (including underground pipes connected thereto) that’s used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term doesn’t include:
  • Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
  • Tanks used for storing heating oil for consumptive use on the premises where stored;
  • Septic tanks;
  • Pipeline facilities (including gathering lines) regulated under 49 U.S.C. 601 or intrastate pipeline facilities regulated under state laws as provided in Chapter 601 and which is determined by the Secretary of Transportation to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline.
  • Surface impoundments, pits, ponds, or lagoons;
  • Stormwater or wastewater collection systems;
  • Flow-through process tanks;
  • Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or
  • Storage tanks situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tanks are situated upon or above the surface of the floor.
  Note: The term underground storage tank or UST doesn’t include any pipes connected to any tank described in the above exclusions.

• UST system: refers to an underground storage tank, connected underground piping, underground ancillary equipment, and containment system (if any).

Summary of requirements

All underground storage tank (UST) system owners and operators must:

• Designate at least one Class A and one Class B operator for each UST or group of USTs at a facility, and
• Designate each individual who meets the definition of a Class C operator at the UST facility as a Class C operator.

Class A operators must either be trained in or pass a comparable examination of general knowledge about the purpose, methods, and function of:

• Spill and overfill prevention;
• Release detection;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Financial responsibility;
• Notification and storage tank registration;
• Temporary and permanent closure;
• Related reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class B and Class C operators.

Class B operators must be trained in or pass a comparable examination of either:

• General requirements that encompass all regulatory requirements and typical equipment used at UST facilities, or
• Site-specific requirements that address only the regulatory requirements and equipment specific to the facility.

They must know the purpose, methods, and function of:

• Operation and maintenance;
• Spill and overfill prevention;
• Release detection and related reporting;
• Corrosion protection;
• Emergency response;
• Product and equipment compatibility and demonstration;
• Reporting, recordkeeping, testing, and inspections;
• Environmental and regulatory consequences of releases; and
• Training requirements for Class C operators.

Class C operators must either:

• Be trained by a Class A or Class B operator,
• Complete a training program, or
• Pass a comparable examination.

They must know how to take appropriate actions (including notifying appropriate authorities) in response to emergencies or alarms caused by spills or releases when operating USTs.

Evaluations

UST owners and operators must evaluate operators through:

• Testing,
• A practical demonstration, or
• Another approach acceptable to the implementing agency.

A comparable examination must, at a minimum, test the knowledge of Class A, Class B, or Class C operators in accordance with the applicable requirements of 40 CFR 280.242.

At a minimum, evaluate each operator to determine whether they have the required knowledge and skills:

• Class A operators must have the knowledge and skills to make informed decisions regarding compliance and fulfill the operation, maintenance, and recordkeeping requirements for UST systems.
• Class B operators must have the knowledge and skills to implement applicable UST regulatory requirements in the field on the components of either:
  • A typical UST system, or
  • Site-specific equipment used at their UST facility.
• Class C must have the knowledge and skills to take appropriate action (including notifying appropriate authorities) in response to emergencies or alarms caused by spills or releases from an underground storage tank system.

Training timelines

• Train Class A and Class B operators within 30 days of assuming their duties.
• Train Class C operators before they assume their duties.

Retraining requirements

When the implementing agency determines that UST operators are out of compliance, Class A and Class B operators must be retrained in or take a comparable examination of, at a minimum, the area(s) out of compliance. The training or examination must:

• Be developed or administered by an independent organization, the implementing agency, or a recognized authority; and
• Be completed within 30 days from the date the implementing agency determines the facility is out of compliance.

However, if Class A and Class B operators complete annual refresher training, retraining is not required.

Recordkeeping requirements

Owners and operators of UST systems must:

• Maintain a list of designated Class A, Class B, and Class C operators currently designated for the facility, and
• Keep records verifying that training and retraining have been completed by the operators.