Section R311-201-3 - Eligibility for Certification(1) Certified PST consultant.(a) training. For initial and renewal certification, an applicant must meet: (i) Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120 and any other applicable safety training, as required by federal and state law; and(ii) within a six-month period before application, complete an approved training course or equivalent in a program approved by the director to provide training to include the following areas: (A) state and federal statutes;(B) rules and regulations;(C) environmental media sampling; and(b) experience. Each applicant must provide with the application a signed statement or other evidence demonstrating:(i) three years, within the past seven years, of appropriately related experience in PST release abatement, investigation, and corrective action; or(ii) an equivalent combination of appropriate education and experience, as determined by the director.(c) education. Each applicant must provide with the application college transcripts or other evidence demonstrating the following:(i) a bachelor's or advanced degree from an accredited college or university with major study in environmental health, engineering, biological, chemical, environmental, or physical science, or a specialized or related scientific field, or equivalent education or experience as determined by the director;(ii) a professional engineering certificate licensed under Title 58, Chapter 22, of the Professional Engineers and Land Surveyors Licensing Act, or equivalent certification as determined by the director; or(iii) a professional geologist certificate licensed under Title 58, Chapter 76 of the Professional Geologist Licensing Act, or equivalent certification as determined by the director.(d) initial certification examination. Each applicant who is not certified pursuant to Section R311-201-4 must successfully pass an initial certification examination or equivalent, administered under the direction of the director. (i) the director shall determine the content of the initial examination based on the training requirements as outlined in Subsection R311-201-3(1)(a).(e) renewal certification examination. Certified PST consultants seeking to renew their certification pursuant to Section R311-201-5 must successfully pass a renewal certification examination, or equivalent administered under the direction of the director. (i) the director shall determine the content of the renewal examination based on the training requirements as outlined in Subsection R311-201-3(1)(a).(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.(f) examination for revoked or expired certification. Any applicant who is not a certified PST consultant on the date the renewal certification examination is given because the consultant's prior certification was revoked or expired before completing a renewal application, must successfully pass the initial certification examination administered under Subsection R311-201-3(1)(d).(2) UST inspector. (a) training. For initial certification, an applicant must have successfully completed a PST inspector training course or equivalent within the six -month period before application. (i) the training course must be approved by the director and shall include instruction in the following areas: (F) product piping testing;(I) sampling methodology;(J) state site inspection protocol;(K) state and federal statutes; and(L) Utah PST rules and regulations.(ii) renewal certification training will be established by the director.(iii) the applicant must provide documentation of training with the application.(b) certification examination. An applicant must successfully pass a certification examination administered under the direction of the director.(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements as outlined in Subsection R311-201-3(2)(a), and the standards and criteria against which the applicant will be evaluated.(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.(3) UST tester. (a) financial assurance. An applicant or applicant's employer must have insurance, surety bonds, liquid company assets or other appropriate kinds of financial assurance which covers PST testing and which, in combination, represent an unencumbered value of the largest PST testing contract performed by the applicant or the applicant's employer, as appropriate, during the previous two years, or $50,000, whichever is greater. (i) an applicant who uses their employer's financial assurance must also provide evidence of their employer's approval of the certification application.(b) training. For initial certification, an applicant must complete a PST tester's training course within the six-month period before application, in a program approved by the director, to provide training to include applicable and related areas of state and federal statutes, rules, and regulations.(i) renewal certification training will be established by the director. (A) the applicant must provide documentation of training with the application.(ii) for initial certification to perform the types of testing specified in Subsection R311-201-2(3), an applicant must have successfully passed a training course conducted by the manufacturer of the PST testing equipment that they will be using, or a training course determined by the director to be equivalent to the manufacturer training, in the correct use of the equipment and testing procedures required to operate the PST test system.(iii) an applicant for renewal of certification must have successfully passed an appropriate refresher training course conducted by the manufacturer of the PST testing equipment that they will be using, or training as determined by the director to be equivalent to the manufacturer training, in the correct use of the equipment and testing procedures required to operate the PST test system. (A) for renewal certification, refresher training, or equivalent must be completed within one year before the expiration date of the certificate.(iv) cathodic protection testing. For initial and renewal of certification, the applicant must provide documentation of training as a "Cathodic protection tester" as defined in 40 CFR 280.12 with the application.(c) performance standards of equipment. An applicant must submit documentation that demonstrates the PST testing equipment used by the applicant meets the performance standards specified in Subsection R311-200-1(2)(ss)(v). (i) this documentation shall be obtained through an independent lab, professional engineering firm, or other independent organization or individual approved by the director and submitted at the time of application for certification.(d) certification examination. An applicant must successfully pass a certification examination administered under the direction of the director.(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements as outlined in Subsection R311-201-3(3)(b), and the standards and criteria against which the applicant will be evaluated.(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.(4) Certified sampler. (a) training. For initial certification an applicant must successfully complete a petroleum storage tank environmental media sampler training course or equivalent within the six -month period before application.(i) the training course must be approved by the director and shall include instruction in the following areas: (D) environmental media sampling protocol;(E) preservation of samples during transportation;(F) coordination with Utah certified laboratories; and(G) state and federal statutes, rules, and regulations.(ii) renewal certification training will be determined by the director. (A) the applicant shall provide documentation of training with the application.(b) certification examination. An applicant must successfully pass a certification examination administered under the direction of the director.(i) the director shall determine the content of the initial and subsequent examinations, based on the training requirements as outlined in Subsection R311-201-3(4)(a), and the standards and criteria against which the applicant will be evaluated.(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.(5) UST installer. (a) financial assurance. An applicant or the applicant's employer must have insurance, surety bonds, liquid company assets, or other appropriate kinds of financial assurance which covers PST installation and which, in combination, represents an unencumbered value of not less than the largest PST installation contract performed by the applicant or the applicant's employer, as appropriate, during the previous two years, or $250,000, whichever is greater.(i) evidence of financial assurance shall be provided with the application.(ii) an applicant who uses their employer's financial assurance must also provide evidence of their employer's approval of the application.(b) training. For initial certification, an applicant must have successfully completed a PST installer training course or equivalent within the six-month period before the application.(i) the training course must be approved by the director, and shall include instruction in the following areas:(B) pre-installation tank testing;(C) product piping testing;(G) secondary containment;(H) leak detection methods;(K) state and federal statutes, rules, and regulations.(ii) the applicant must provide documentation of training with the application.(c) experience. Each applicant must provide with their application a sworn statement or other evidence that they have actively participated in a minimum of three PST installations.(d) certification examination. An applicant must successfully pass a certification examination administered under the direction of the director. (i) the director shall determine the content of the initial and renewal examinations, based on the training requirements as outlined in Subsection R311-201-3(5)(b), and the standards and criteria against which the applicant will be evaluated.(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.(6) UST remover. (a) financial assurance. An applicant or the applicant's employer must have insurance, surety bonds, liquid company assets or other appropriate kinds of financial assurance which covers PST removal and which, in combination, represents an unencumbered value of not less than the largest PST removal contract performed by the applicant or the applicant's employer, as appropriate, during the previous two years, or $250,000, whichever is greater.(i) evidence of financial assurance shall be provided with the application.(ii) an applicant who uses their employer's financial assurance must also provide evidence of their employer's approval of the application.(b) training. For initial certification, an applicant must have successfully completed a PST remover approved training course or equivalent within the six-month period before the application.(i) the training course must be approved by the director and shall include instruction in the following areas:(B) tank removal safety practices; and(C) state and federal statutes, rules, and regulations.(ii) the applicant must provide documentation of training with the application.(c) experience. Each applicant must provide with their application a sworn statement or other evidence that they have actively participated in a minimum of three PST removals.(d) certification examination. An applicant must successfully pass a certification examination administered under the direction of the director.(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements as outlined in Subsection R311-201-3(6)(b), and the standards and criteria against which the applicant will be evaluated.(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification examination.Utah Admin. Code R311-201-3
Amended by Utah State Bulletin Number 2016-24, effective 1/1/2017Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022