Section 80.37 - Class A, B and C Operator Requirements and Certifications(1) Effective August 8, 2012, every Owner and Operator shall ensure that at least one Class A, B and C operator certified in accordance with 310 CMR 80.37 is designated to each underground storage tank system.(a) An individual may be designated by an Owner and Operator as a Class A, Class B, or Class C operator or any combination of the three Classes.(b) An individual Class A, Class B, or Class C operator may be designated by an Owner and Operator for more than one UST system or UST facility.(2) Except as provided in 310 CMR 80.37(2), the Owner or Operator shall ensure that a designated Class A, B or C operator is present when the UST system(s) is in operation. At unmanned UST systems including, but not limited to, emergency generators at telecommunication towers and card lock/card access facilities, there shall be Class A, B and C operators designated as responsible for operation and maintenance activities at such systems and responding to emergencies, and they shall be certified in accordance with 310 CMR 80.37(7) through (9), respectively.(3) If a different Class A, B, or C operator needs to be designated for any reason including, but not limited, to resignation or termination, the Owner or Operator shall designate the appropriate Class A or B operator within 30 days of the position being vacated, or Class C operator within ten days of the position being vacated, and the Owner or Operator shall ensure that said Class A, B, or C operator is certified in accordance with 310 CMR 80.37(7), (8) or (9).(4)Class A Operator Requirements.(a) A Class A operator shall have general knowledge and understanding of underground storage tank systems and applicable state regulatory requirements that apply to underground storage tank systems, including, but not limited to: 2. Regulated substances stored;7. Emergency response procedures;8. Product compatibility;9. Financial responsibility documentation requirements;10. Registration and other notification requirements;11. Reporting and recordkeeping requirements;12. UST testing requirements;13. Temporary and permanent closure requirements; and14. The Class B operator qualifications, training and examination requirements and Class C operator qualifications and training requirements.(b) A Class A operator shall ensure that appropriate individuals:1. Properly operate and maintain the underground storage tank system.2. Maintain required records.3. Are trained to operate and maintain the underground storage tank system and keep records.4. Properly respond to alarms and emergencies caused by leaks or releases from underground storage tank systems.5. Make financial responsibility documents available to the Department as required.(5)Class B Operator Requirements.(a) A Class B operator shall have in-depth knowledge and understanding of operation and maintenance requirements and applicable state regulatory requirements that apply to underground storage tank systems including, but not limited to: 2. Regulated substance stored;7. Emergency response procedures;8. Product compatibility;9. Financial responsibility documentation requirements;10. Registration and other notification requirements;11. Reporting and recordkeeping requirements;12. UST testing requirements;13. Temporary and permanent closure requirements; and14. The Class C operator qualification and training requirements.(b) A Class B operator shall ensure implementation of the day-to-day aspects of operation and maintenance of, and recordkeeping for, underground storage tank systems and shall have general and site specific knowledge of the following:1. Components of underground storage tank systems.2. What material the underground storage tank system components are constructed of.3. Methods of release detection and release prevention applied to the underground storage tank system.(6)Class C Operator Requirements.(a) A Class C operator shall have specific knowledge of the layout of the UST system(s), emergency procedures and how to respond to alarms.(b) A Class C operator shall immediately and properly respond to alarms or other indications of emergencies in accordance with the emergency procedures.(c) A Class C operator shall be the Owner or Operator of the underground storage tank facility or an employee of the Owner or Operator, but not all employees of the Owner or Operator are necessarily Class C operators.(7)Certification Requirements for Class A Operators.(a) The Owner or Operator shall ensure that Class A operators are certified within 30 days after being designated by the Owner or Operator to assume responsibility for an underground storage tank system.(b) Requirements to be certified as a Class A operator:1. Obtain training in accordance with 310 CMR 80.37(7)(c) and (d) which may include on-the-job training; and2. Take and pass an operator examination in accordance with 310 CMR 80.37(7)(e) through (g).(c) The Owner or Operator shall ensure that Class A operators are trained on the type(s) of UST system(s) for which they are designated. Said training shall cover subject matters in 310 CMR 80.37(4) and shall include those systems for which the Class A operator is designated. Said training shall include, but not be limited to: 1. Types of tanks, piping, regulated substances stored, overfill prevention, leak detection and corrosion protection.2. Operation and maintenance schedules and requirements.3. Testing, reporting and recordkeeping requirements.4. Financial responsibility requirements and the financial responsibility instruments that are in place for each UST system.5. General emergency response procedures and requirements.(d) The Owner or Operator shall document that Class A operators have received training that complies with 310 CMR 80.37(7)(b)1. and (c). The Owner or Operator shall keep the documentation, in hard copy or electronically, in accordance with 310 CMR 80.36. Upon request from the Department, the Owner or Operator shall make the documentation available to the requestor as soon as possible, but in no event more than seven business days after the request.(e) Class A operators shall demonstrate knowledge of UST systems in general and all applicable state regulations by taking and passing an operator examination, as required by the Department.(f) Upon passing the operator examination, the Class A operator shall receive a certificate indicating passage of the operator examination and the Owner or Operator shall keep a copy of the certificate, in hard copy or electronically, in accordance with 310 CMR 80.36. Upon request from the Department, the Owner or Operator shall make the documentation available to the requestor as soon as possible, but in no event more than seven business days after the request.(g) Any individual who takes and fails any operator examination three times within six months of the first examination shall be prohibited from taking any operator examination for six months from the date of the third failure.(h) A Class A operator with a current Class A certification from another state may be certified in Massachusetts as a Class A operator if the operator is trained in accordance with 310 CMR 80.37(7)(c), and the Class A operator passes the Massachusetts-specific portion of the operator examination.(8)Certification Requirements for Class B Operators. (a) The Owner or Operator shall ensure that Class B operators are certified within 30 days after being designated by the Owner or Operator to assume operation and maintenance responsibilities of the underground storage tank system.(b) Requirements to be certified as a Class B operator:1. Obtain training in accordance with 310 CMR 80.37(8)(c) and (d) which may include on-the-job training; and2. Take and pass an operator examination in accordance with 310 CMR 80.37(8)(e) through (g).(c) The Owner or Operator shall ensure that Class B operators are trained on the specific UST system(s) for which they are designated. Said training shall cover subject matters in 310 CMR 80.37(5) and shall include those systems for which the Class B operator is designated. Said training shall include, but not be limited to: 1. Types of tanks, piping, regulated substances stored, overfill prevention, leak detection and corrosion protection.2. Operation and maintenance of the underground storage tank system.3. Testing, reporting and recordkeeping requirements.4. Financial responsibility documentation requirements.5. Emergency response procedures and requirements.(d) Owners or Operators shall document that Class B operators have received training that complies with 310 CMR 80.37(8)(b)1. and (c). The Owner and Operator shall keep the documentation, in hard copy or electronically, in accordance with 310 CMR 80.36. Upon request from the Department, the Owner or Operator shall make the documentation available to the requestor as soon as possible, but in no event more than seven business days after the request.(e) Class B operators shall demonstrate knowledge of UST systems in general and all applicable state regulations by taking and passing an operator examination, as required by the Department.(f) Upon passing the operator examination, the Class B operator shall receive a certificate indicating passage of the operator examination and the Owner or Operator shall keep a copy of the certificate, in hard copy or electronically, in accordance with 310 CMR 80.36. Upon request from the Department, the Owner or Operator shall make the documentation available to the requestor as soon as possible, but in no event more than seven business days after the request.(g) Any individual who takes and fails any operator examination three times within six months of the first examination shall be prohibited from taking any operator examination for six months from the date of the third failure.(h) A Class B operator with a current Class B certification from another state may be certified in Massachusetts as a Class B operator if the operator is trained in accordance with 310 CMR 80.37(8)(c), and the Class B operator passes the Massachusetts-specific portion of the operator examination.(9)Certification Requirements for Class C Operators. (a) A Class C operator shall be certified before being designated by the Owner and Operator.(b) In order to be certified as a Class C operator, the Owner or Operator shall document that an individual was trained by a Class A or B operator. The training shall be site specific and shall include, at a minimum, the actions to take in response to alarms or other indications of emergencies caused by leaks or releases from an underground storage tank system.(c) When the training is complete, the trainer and the Class C operator shall each sign and date the training log for the UST facility documenting that the training was completed in accordance 310 CMR 80.37(9)(b) and (c). The trainer shall also document the underlying reason for the re-training in accordance with 310 CMR 80.37(9)(d). The Owner or Operator shall maintain the log for at least two years after the Class C operator is no longer designated, in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the log available to the requestor as soon as possible, but in no event more than seven business days after the request.(d) The Owner or Operator shall ensure that the Class C operator is re-trained and shall document the re-training and the underlying reason for the re-training in accordance with 310 CMR 80.37(9)(c) when: 1. Emergency procedures change at a facility;2. The type or location of the leak detection alarm system changes; or3. The type or location of the emergency shut-off switch changes.(10)Temporary Transfers of Class C Operators. Prior to the Class C operator assuming designation at a UST facility to which the Class C operator is temporarily transferred, the Owner or Operator shall ensure that such Class C operator is trained on the site-specific emergency procedures of the UST facility in accordance with 310 CMR 80.37(9).(11) The Owner or Operator shall maintain a current list of the designated Class A, B and C operator(s) for each UST system or facility, in hard copy or electronically. Upon request from the Department, the Owner or Operator shall make the documentation available to the requestor as soon as possible, but in no event more than seven business days after the request. This list shall include, but not be limited to, the name of the operator, operator classification, operator certificate number, as applicable, the date of the operator's training and the date of designation.(12) Without limitation, if the Department determines that a UST system is out of compliance with the applicable requirements of 310 CMR 80.00, the Department may require that the Owner or Operator provide re-training for one or more Class A, B or C operator(s) and/or require that one or more Class A or B operator(s) re-take and pass the operator examination.Adopted by Mass Register Issue S1277, eff. 1/2/2015.Amended by Mass Register Issue 1453, eff. 10/1/2021.