SECTION 334.605. Operator Training Frequency

(a) Certified Class A and Class B operators must be re-trained in accordance with §334.602 and §334.603 of this title (relating to Designation and Training of Classes of Operators; and Acceptable Operator Training and Certification Processes, respectively) within three years of their last training date.

(b) Certified Class C operators must be re-trained in accordance with §334.602 and §334.603 of this title within three years of their last training date. In addition, Class C operator training is only applicable at the specific facility for which the training was provided.

(c) If an underground storage tank (UST) facility receives a notice of violation and the agency determines that the UST facility is in significant noncompliance, the designated Class B operators for that UST facility, must attend either a Texas Commission on Environmental Quality (TCEQ) approved compliance class that addresses the noted noncompliant areas or an acceptable operator training course as specified in §334.603 of this title, within the time frame specified by the TCEQ for that violation. Class B operators are not, however, required to attend such training more than once every 12 months, regardless of the number of their designated facilities found in violation. (For the purposes of this subchapter, "significant noncompliance" is defined as the failure to provide one or more of the following in accordance with applicable TCEQ rule or Environmental Protection Agency Significant Operational Compliance guidelines: release detection, spill/overfill prevention, corrosion protection, or financial assurance.)

(d) Regardless of the three-year re-training requirement in subsection (a) of this section, certified Class A and Class B operators must be re-trained by January 1, 2020 with a course submitted to and approved by TCEQ after April 1, 2018.

Source Note: The provisions of this §334.605 adopted to be effective March 17, 2011, 36 TexReg 1675; amended to be effective May 31, 2018, 43 TexReg 3390