Md. Code Regs. 26.10.16.07

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.16.07 - Certification

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.

Md. Code Regs. 26.10.16.07

Regulation .07 adopted effective 49:12 Md. R. 642, eff. 6/13/2022