Under federal and state regulations, certain underground storage tank (UST) systems must have Operators who are trained in tank-specific knowledge. The revision of New York State's petroleum bulk storage (PBS) regulations, 6 NYCRR Part 613 (PDF), went into effect on October 11, 2015 and required facilities with such tanks to designate the names of their authorized Class A and Class B Operators with DEC by October 11, 2016. To become authorized, Operators must be trained and must pass a DEC-administered exam that demonstrates their competence to operate these tank systems. As described below, DEC offers the authorization exam for free online and there is no fee for designating Operators on a facility registration or license.
The training and testing requirements apply to operators of USTs subject to the requirements of 6 NYCRR Subpart 613-2 (Petroleum Bulk Storage (PBS) and Major Oil Storage Facilities (MOSF)) and 6 NYCRR Subpart 598-2 (Chemical Bulk Storage (CBS) facilities). These are: UST systems with a capacity greater than 110 gallons that are used to store petroleum (most commonly motor fuel such as gasoline, diesel, kerosene, or jet fuel); and UST systems used to store any amount of hazardous substance (e.g., methanol, caustic soda, acetone, etc.) listed in 6 NYCRR Part 597.
To emphasize, only operators of certain USTs are required to become trained and pass the DEC exam. Specifically, this requirement does NOT apply to the following:
- Any aboveground storage tank (AST);
- USTs storing heating oil for consumptive on-site use (e.g., underground heating oil tanks in apartment buildings);
- USTs with a design capacity of 1,100 gallons or less which are used to store motor fuel for non-commercial purposes (not for resale) at a farm or residence;
or - USTs part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50.
Summary of Class Operator Requirements
In the past, facilities had a single, overall "operator." The regulations maintain the concept of an overall facility operator, but now also includes Class A, B, and C Operators which are assigned on a tank basis rather than overall facility basis like the facility operator. All facilities will continue to have a single and overall facility operator.
A general guidance for the responsibilities of typical Class Operators is as follows. Note that this is only guidance, and anyone may serve as the Class Operator regardless of their individual responsibilities at the facility, granted they become authorized through New York State are appropriately designated on the registration or license.
| Class A Operators | Class B Operators | Class C Operators |
General Responsibilities & Tasks | Primary responsibility for operation and maintenance of UST systems; tend to perform administrative and/or managerial roles | Day-to-day responsibility for implementing applicable regulatory requirements; tend to perform hands-on work with UST systems (including monitoring & maintenance) | Initial response to spills & emergencies |
Must pass the DEC-administered exam? | Yes | Yes | No |
Required Designation (for each applicable UST system at the facility) | One Class A Operator must be designated. | One Class B Operator must be designated. | Every individual (at the facility) who can immediately respond to emergency situations concerning the UST system, must be designated as a Class C Operator. |
Where to Designate? | Facility Registration | Facility Registration | Training Log (which must be retained as part of the facility’s records) |
All Class operators (Class A, B, and C) must be trained but only Class A and Class B Operators must pass the DEC exam. One person may fulfill the roles of all three Operator types at a facility. In that case, they should take the combination Operator Class A/B exam and make sure that they understand the site-specific responsibilities required of a Class C Operator. Class C Operators must be trained and assessed under the direction of a Class A or Class B Operator or be a Class A or Class B Operator familiar with site-specific emergency and spill response. A suggested process for assessing Class C Operators is given in DEC's "Operator Training Guide" (also known as Tank IQ; see below).
- Operator Training Guide (Tank IQ) (PDF)
- List of currently authorized Class A/B Operators in NYS (PDF)
An Operator may be assigned to multiple tanks, and one person may fulfill the roles of multiple Operator types at a facility. For those who wish to be a Class A, B, AND C Operator, they should: take the combination Operator Class A/B exam; ensure that they understand the site-specific responsibilities required of a Class C Operator; and check that they are designated accordingly.
Training Requirements
The requirements for Operator training are specified in 6 NYCRR section 613-2.5 (PBS and MOSF) and 6 NYCRR section 598.12 (CBS). The applicability of the Operator Training requirement at MOSFs is found in 6 NYCRR subdivision 613-1.2(b).
A summary of the requirements and additional guidance for complying with the Operator training requirements can be found in the DEC policy, DER-40 - Operator Training (PDF). A brief summary of the main requirements is as follows:
- Tank owners and operators of existing facilities must have designated (to DEC) their authorized Class A, Class B, and Class C Operators by October 11, 2016.
- New facilities must designate their authorized Operators prior to the first delivery of petroleum into a tank system. If the Operators change, the facility owner/designee must update the information with DEC.
- Facilities may designate their authorized Operators through email or by updating their registration information via a registration application.
Step 1 – Becoming an Authorized Class Operator (i.e., Passing the DEC exam)
To assist Class A and Class B Operators as they prepare for the DEC exam, DEC has prepared an Operator Training Guide (PDF, 5.9 MB) also known as "TankIQ." The exam is open book and Operators may use the guide while taking the exam. Examinees who do not pass the exam may retake it, but no more than a total of three times in any six-month window. Exams may not be retaken more than once every 24 hours.
- New York State UST Operator Exam - Online Website - Create an account and take the exam online. You will need a valid email address.
(The UST Operator Exam is supported by all modern web browsers including: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer version 10 or greater. Google Chrome is recommended for navigating the exam. Some issues have been reported with Internet Explorer; users should either disable "Compatibility View" under the "Tools" tab, or try a different browser)
- UST Operator Exam Tutorial (PDF) - Learn how to navigate the online exam website.
Step 2 – Designating Authorized Class A & B Operators
Once an Operator achieves authorization by passing the DEC-administered exam, they must designate themselves by updating their facility registration or license. Operators will need to know their authorization number, which is given when they pass their exam.
Operators of Petroleum Bulk Storage (PBS) facilities may update their registration online using DEC's online PBS application. Please review the instructions on how to setup an account and access the online forms. Updating the Class Operators for a facility has no fee associated with it.
Operators of Chemical Bulk Storage (CBS) and Major Oil Storage Facilities (MOSF) must instead use paper applications to submit their Class Operator designations. Blank forms can be found on the DEC website. Pre-filed paper applications can be requested by emailing the regional DEC office for the facilitiy.
