Section 0400-18-01-.16 - CERTIFIED OPERATOR PROGRAM(1) Operator Designation Requirements.(a) Effective August 8, 2012, every facility having one or more petroleum UST systems subject to the requirements of Chapter 0400-18-01 must have one or more persons who have been designated by the tank owner as Class A, Class B, and Class C Operator(s).(b) A Class A, Class B, or Class C Operator is not necessarily considered the same as "operator" defined in paragraph (4) of Rule 0400-18-01-.01, although the same individual may hold both positions.(c) A Class A, Class B, or Class C Operator is not necessarily the same as "owner" as defined in paragraph (4) of Rule 0400-18-01-.01, unless such a person also owns these petroleum underground storage tanks.(2) Operator Training Requirements (a) Persons to be classified as Class A, Class B, or Class C Operators must log on to the Division's web-based training database and indicate how operator training requirements are met for each applicable classification by indicating successful completion of at least one of the following: 1. Applicable portions of the Division's web-based operator training program designed to meet Class A, Class B, and/or Class C Operator training requirements, or2. Obtaining a passing score on the applicable UST System Operator Examination administered by the International Code Council and submitting the records to the Division every two years, or3. Obtaining a passing score on a UST operator training program examination administered by the Division.(b) Class C Operator training may be provided by the tank owner, a trained Class A or Class B Operator in accordance with guidance published by the Division, or by successful completion of Class C Operator training using the Division's web-based operator training program.(c) Class C Operators must be trained before assuming responsibility for responding to emergencies.(3) Tank Owner Responsibilities. (a) Tank owners must register a Class A, and Class B Operator(s) for each facility where petroleum UST systems are located using the Division's web-based operator training database within 30 days of tank installation or a change in Class A or Class B operator.(b) Tank owners must verify in the Division's web-based operator training database that a trained individual meeting the requirements for a Class C Operator will be on-site whenever the facility is operating.(c) If a UST facility has a person(s) on site, at least one person on site must be a Class C Operator whenever the facility is operating. A sign or instruction manual must be placed where the Class C operator would be expected to see it during the normal course of their work. At a minimum, it must include the following: 1. Employee's role in responding to spills and overfills;2. Procedures for handling warnings, alarms, and response from leak detection console (if applicable);3. Name and number of contact person for emergencies and monitoring equipment alarms;4. Local emergency numbers; and5. An instruction to maintain a safe distance from any potential hazards.(d) Unattended facilities, as defined in paragraph (4) of Rule 0400-18-01-.01, must have a designated Class A and Class B Operator, but are not required to have designated operators on site. Class C Operator requirements for unattended facilities may be met by the designated Class B Operator who is also trained as the designated Class C Operator. The designated Class B/C Operator must respond to all emergencies and alarms caused by spills or releases from the underground storage tank facility.(e) A facility that is unattended part of the time will be required to follow subparagraph (c) of this paragraph during the times the facility is attended and subparagraph (d) of this paragraph during the time the facility is unattended.(f) Tank owners may elect to replace Class A or Class B Operators at any time by providing proper notice to the Division in accordance with subparagraph (1)(h) of Rule 0400-18-01-.03. Notice to the Division is not required when replacing a designated Class C Operator.(g) It is unlawful to operate a petroleum UST facility without designated Class A, Class B, and Class C Operators.(4) Retraining If the division determines that the UST system is out of compliance at any time, then successful completion of operator retraining appropriate to the level of the operator Class must be completed within 30 days from the date the division determines that the UST system is out of compliance.
Tenn. Comp. R. & Regs. 0400-18-01-.16
Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Repeal and new rule filed June 28, 2012; effective September 26, 2012. Amendments filed July 3, 2018; effective 10/13/2018.Authority: T.C.A. §§ 4-5-201, et seq. and 68-215-101, et seq.