The PASS Training Marketplace


New York UST Operator Training

Below you will find summaries of some of the most pertinent topics regarding New York UST Operator Training

Regulator Details

New York Department of Environmental Conservation
Department
New York Department of Environmental Conservation
Contact
Russ Brauksieck
Address
625 Broadway, 11th Floor Albany, NY 12233-7020
Phone
(518) 402-9543
Website
View Site →

UST Operator Certification Procedures

Class A/B Operator Training
Successfully completing the PASS course will not provide you with A/B certification.  When you’re ready to prepare for the New York exam, remember that PASS offers you more than just a pdf file directing you to the exam website.  This is an actual preparatory course offered through the PASS LMS, which means you can take it at any time using any internet-connected device.  There is no special software to download and no taking time out of your busy schedule to attend a classroom training.  Class A/B operators at regulated Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) facilities in the state of New York can become certified by taking and passing the appropriate online exam offered through the NYDEC’s website.  There are three different exams.
  • The Class A operator exam consists of approximately 65 questions and has a time limit of 2 hours.
  • The Class B operator exam consists of approximately 50 questions and has a time limit of 2 hours.
  • The Class A/B operator exam consists of approximately 80 questions and has a time limit of 2½ hours.
If you take but do not pass the exam, you must wait 24 hours before retaking the exam. Once you have passed, you will able to print your operator training certificate. You will also be given an Authorization Number, which will need to be included on your UST registration form.
To help UST Class A/B operators prepare for the exam, PASS has thoroughly researched and written an online preparatory course.  The course synthesizes, explains, and cites New York’s specific UST requirements drawn from:
  • Tank IQ, the NYDEC’s exam study guide;
  • DER-40, the NYDEC’s operator training policy;
  • New York’s PBS regulations (6 NYCRR 613); and
  • New York’s CBS regulations (6 NYCRR 596-599).
C Operators 
Class A/B operators are responsible for training and certifying their Class C operators. PASS’ Class C operator training meets state and federal operator training requirements, and may be used by Class A/B operators to train their C operators.

All of PASS’ UST operator training courses meet and exceed the federal requirements for UST operator training and are offered through our in-house designed and built Learning Management System (LMS). PASS’ state-specific training courses are custom tailored to meet state requirements, and are accepted by more states than any other training provider.  Our courses are available on demand, 24/7 and are accessible from any internet-connected computer, tablet, or phone. The student can complete an entire course in a single session or take the course in segments. The training may be stopped and restarted, allowing for maximum schedule flexibility. PASS also does not impose time restrictions on course access, so students may take as much time as they need to complete their training.  Once training is completed a certificate is available to save and print.

Registration & Fees

Registration Requirements for Petroleum Bulk Storage (PBS) Facilities
  • USTs with a capacity of 1,100 gallons or more must be registered with the New York Department of Environmental Conservation (DEC).  Tanks storing used oil, regardless of size, must also be registered.
  • Owners/operators must register these tanks with the DEC by submitting a completed Petroleum Bulk Storage Application form (form instructions can be found here).  New registrations must be accompanied by a copy of the property deed showing the owner’s name and the date the owner acquired the property.  The owner/operator must also pay the appropriate fee as determined using the PBS Registration Fee Worksheet.  Once a tank has been registered, the DEC will issue a registration certificate, which must be prominently posted at the facility.  When ownership of a facility or any facility information changes, the new owner must register the tank(s) or submit an updated form within 30 days.
  • UST registrations and registration certificates are valid for five years, at which time the owner/operator must submit a renewal Petroleum Bulk Storage Application.
Registration Requirements for Chemical Bulk Storage (CBS) Facilities
  • CBS USTs must be registered with the state regardless of size.
  • Owners/operators must register these tanks with the DEC by submitting a completed Hazardous Bulk Storage Application form (form instructions can be found here).  Registration fees are based on the size of the tank, as indicated on the CBS Registration Fee Worksheet.
  • CBS tank registrations must be renewed every two years.

Release Reporting

PBS Requirements
Owners/operators must report any suspected or confirmed releases to the DEC’s spill hotline number (1-800-457-7362 or 518-457-7362 from outside New York state) within 2 hours of discovery.  A spill must be reported to the DEC unless:
  1. The spill is less than 5 gallons; and
  2. The spill has been contained and controlled; and
  3. The spill has not reached any waters of the state (including groundwater) or land; and
  4. The spill is cleaned up within 2 hours of discovery.
If you discover petroleum outside of the UST system in soil, basements, utility lines, sewers, or nearby surface water, you must report this to the DEC within 2 hours of discovery.  You must also report an Inconclusive or Failing SIR report or unacceptable ten-day inventory reconciliation results to the DEC within 48 hours.

CBS Requirements
Owners/operators of chemical bulk storage (CBS) facilities in New York must have a New York-licensed professional engineer prepare a spill prevention report (SPR) and must maintain this report at the facility.  See page 19-3 of Tank IQfor more details.

Release Detection

New York state regulations require that UST systems must be monitored for releases at least weekly.  An owner/operator may use any one or a combination of the following methods of release detection.
  • Automatic tank gauging (ATG)
  • Secondary containment with interstitial monitoring
  • Secondary barrier monitoring**
  • Statistical Inventory Reconciliation (SIR)
  • Manual tank gauging
  • Vapor monitoring*
  • Groundwater monitoring*
  • Tank tightness testing
*Vapor monitoring and groundwater monitoring are not commonly used and are not recommended in New York.
**Secondary barrier monitoring is not permitted for use with new tanks but may be present with older Category 2 tanks (tanks which were installed between December 27, 1986 and October 11, 2015).

Owners/operators are also required to measure for water in each tank daily, perform inventory monitoring daily, and conduct inventory reconciliation every 10 days.  Detailed information about these methods can be found in Chapter 8 of Tank IQ, the DEC’s operator training guide.

Release Prevention

Spill Buckets
  • Any product remaining in a spill bucket for more than two hours is considered a reportable spill and must be reported to the DEC immediately.
Overfill Prevention
  • Owners/operators must:
    • Monitor all fuel deliveries from beginning to end;
    • Inspect your spill buckets for the presence of product or water as well as cracks, worn seals, etc.;
    • Respond to all overfill indications; and
    • Report and clean up all spills.
Overfill Protection
  • A UST must not be equipped with both an automatic shut-off and a ball float valve.
Cathodic Protection
  • Both impressed current and galvanic (sacrificial anode) cathodic protection systems must be tested six months after installation and every year thereafter.

Financial Responsibility

New York follows the federal financial responsibility coverage amounts found in 40 CFR §280.93 (scroll to page 77 of 119 in the pdf document).  Owners/operators may use any of the following mechanisms to demonstrate financial responsibility.
  • Liability insurance coverage from a qualified provider
  • Financial test of self-insurance
  • Guarantee*
  • Surety bond*
  • Letter of credit
  • Trust fund
*Guarantees and surety bonds are currently not allowed in the state of New York pending a statement from the State Attorney General that they are valid and enforceable.

New York State Environmental Protection and Spill Compensation Fund
The DEC may use money from the New York State Environmental Protection and Spill Compensation Fund (also known as the Oil Spill Fund) to complete corrective action if the owner/operator is unwilling or unable to complete a spill clean-up at his or her facility.  This fund will not cover costs related to third-party bodily injury claims.  The state is also required by law to recoup the money spent, plus penalties and interest, from the owner/operator.

Inspection & Testing Requirements

Daily
Owners/operators must conduct daily inventory monitoring.

Every 10 Days
Owners/operators must perform inventory reconciliation and complete the 10-Day Inventory Reconciliation Worksheet for Metered USTs every 10 days.

Periodic DEC Inspections
New York DEC inspectors may conduct inspections of PBS and CBS facilities at any time.  Owners/operators should review the following pertinent documents for information on what inspectors will be looking for.

Delivery Prohibition/Non-Compliance Enforcement

If a DEC inspector determines that a UST or UST system is out of compliance with state and/or federal storage tank regulations, the DEC will initiate delivery prohibition procedures.  The DEC classifies compliance violations, and enforcement procedures, into two tiers.
Tier 1 Conditions
Tier 1 conditions include a UST system that is known to be releasing petroleum and a UST system that does not have required secondary containment, spill protection, overfill protection, corrosion protection, and/or leak detection equipment installed and operational.
  • If a Tier 1 condition exists at a facility, the DEC inspector will affix a red tag to the fill pipe of the UST system.
  • If the source of a petroleum release cannot be determined at the time, all tanks at the facility will be red-tagged.
  • The DEC inspector will provide the owner, if present, with written delivery prohibition notification including a list of violations.
  • The DEC will then send written notification to the facility via certified mail within five business days of red-tagging.
Tier 2 Conditions
Tier 2 conditions include leak detection monitoring results which indicate that the tank system may be leaking or would not contain a leak if one were to occur, unless the owner/operator submits to the DEC proof that the tank system is not leaking or has been appropriately repaired or cases where the owner/operator has not demonstrated compliance with spill and overfill prevention, corrosion protection, and/or leak detection operating standards.
  • When the DEC finds that a Tier 2 condition exists at a facility, the DEC will first send written notification to the owner/operator detailing the violations discovered at the facility, then affix a red tag to the fill pipe(s).

Temporary & Permanent Closure

Temporary Closure/Out-of-Service
  • Tank systems that do not receive or dispense product for 30 days or more are considered out-of-service or temporarily closed.
  • The owner/operator must notify the DEC at least 30 days before taking a UST out-of-service.
  • The owner/operator will also need to submit an amended registration form to the DEC at least 30 days prior to temporarily closing the UST.
Permanent Closure
  • USTs that have been out-of-service/temporarily closed for more than 12 months must be permanently closed.
  • The owner/operator must notify the DEC at least 30 days before beginning permanent closure unless the permanent closure is a result of corrective action required by the DEC.
  • The required site assessment of the excavation zone to measure for evidence of a release must be completed after notifying the DEC but before completion of the permanent closure.
  • The site assessment report must be submitted to the DEC within 90 days of closure completion.
  • The owner/operator must also submit an amended registration form to the DEC within 30 days of permanently closing the UST system.
  • To permanently close a UST system, the owner/operator must:
    • Empty and clean the UST system to remove all liquids and accumulated sludge;
    • Ensure that all deliveries to the UST system are terminated;
    • Disconnect or remove all piping, vent lines, and ancillary equipment; and
    • Either remove the tank from the ground or fill it with an inert solid material (such as sand or concrete).
  • Owners/operators must submit closure records to the DEC within 90 days following permanent closure.
Change in Service
  • Prior to implementing a change in service, owners/operators must:
    • Empty and clean the tank by removing all liquid and accumulated sludge; and
    • Complete a site assessment of the excavation zone.
  • If an owner/operator is switching a tank system to a different type of petroleum product, the owner/operator does not need to complete a site assessment, but must submit an updated registration form to the DEC within 30 days after the change in service.  The owner/operator must also ensure that your UST system is compatible with the new product stored and meets all standards and regulatory requirements.

Recordkeeping

The following records must be retained for 3 years:
  • Proof of operator training;
  • Closure records, including results of the site assessment (required to keep for 3 years, recommended to keep permanently);
  • Ten-day inventory monitoring and reconciliation records;
  • Weekly tank and piping monitoring records;
  • Leak detection repair records (keep for 3 years after the repair);
  • 60-day impressed current rectifier readings;
  • Annual cathodic protection system test results; and
  • Suspected leak reports.
The following records must be retained for 5 years:
  • The current registration certificate (keep for 5 years); and
  • Lining inspection records (keep for 5 years).
The following records must be retained for the life of the UST system:
  • Proof of financial responsibility;
  • Tank and line tightness test results;
  • Installation records; and
  • General repair records.
The following records must be retained until the next test is conducted:
  • Annual line leak detector operability test records.