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Environmental Law Alert: Mandatory UST Operator Training Requirement

February 8, 2012

Mandatory UST Operator Training Requirement

The Connecticut Department of Energy and Environmental Protection (DEEP) has proposed revisions to its UST regulations to comply with the Federal Energy Policy Act of 2005. The revisions are expected to be adopted this spring.

The revised regulations will provide that, from and after August 8, 2012, no person may own or operate a UST* without trained and certified operators. Because the August deadline has been set by federal law, the likelihood of an extension or deferral is remote.

The regulations will establish 3 classes of operator, based on the level of responsibility. Class A & B operators must be trained and certified by DEEP approved programs. Class C operators can be trained by either Class A or B operators or by approved programs. The same individual can serve as Class A, B and/or C operator as long as he or she has the requisite training.

The International Code Council (ICC), in conjunction with DEEP, has developed a self-study program and exam that can be used to satisfy the training requirement for Connecticut Class A & B Operators. This exam is available immediately. UST Operators may obtain information and registration at the following link: http://www.iccsafe.org/Accreditation/Pages/ustastexams.aspx.

Links to the study materials and related reference documents are listed here.

DEEP will approve additional training programs as it implements this program. UST Operators already certified by an Operator Training Program in another state may contact DEEP about possible reciprocity at: Helen Robbins, (860) 424-3291, helen.robbins@ct.gov.

The DEEP’s proposed revisions can be found at: http://www.ct.gov/dep/ust.

If you have questions about the proposed training requirement, mandatory inspections or secondary containment requirements for equipment, please call or email M. Anne Peters, (203) 575-2647, apeters@carmodylaw.com.

*USTs include commercial motor fuel, hazardous substance and other underground storage tanks regulated under §22a-449(d)-101 of the Regulations of Connecticut State Agencies. USTs do not include tanks that store petroleum for on-site heating.