For all persons affected by this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), the following training requirements apply. (1) The owner or operator of a motor vehicle fuel dispensing facility shall ensure that at least one facility representative receive training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved by the executive director. Successful completion constitutes certification of the facility representative. Each such facility representative is then responsible for making every current and future employee aware of the purposes and correct operating procedures of the system. The required training must be completed as soon as practicable prior to the initiation of operation of the facility's Stage II equipment. The following additional requirements apply to the designation of the facility representative. (A) For normally unattended facilities such as unattended card-lock facilities, or for normally unattended refueling facilities not open to the public, a single person may fulfill the facility representative role at more than one facility. (B) For facilities normally attended, a single person shall not fulfill the facility representative role at more than one facility at a time. (2) If the facility representative who received the approved training is no longer employed at that facility, another facility representative must successfully complete approved training within three months of the departure of the previously trained employee. (3) An approved training course will include, but is not limited to, the following: (A) federal and state Stage I and Stage II regulations (including enforcement consequences of noncompliance) and vapor recovery health effects and benefits; (B) equipment operation and function of each type of vapor recovery system; (C) general overview of maintenance and testing schedules and requirements for Stage II vapor recovery equipment; (D) general overview of structure and content of California Air Resources Board (CARB) Executive Orders; and (E) recordkeeping and inspection requirements for Stage I and Stage II vapor recovery systems. (4) The executive director may revoke approval of a training course if the training provider: (A) fails to administer the training course as proposed in the application made to the executive director to provide such training; or (B) fails to notify the executive director of upcoming courses in writing at least 21 days prior to the date of the training as to the date, time, and place the training is to be held, or in the event of a scheduled course cancellation, fails to notify the executive director at least 24 hours in advance of the cancellation, except: (i) for all training providers, if conditions exist such that 24-hour notice of course cancellation is impossible or impracticable, notice must be given to the executive director as soon as practicable, preferably prior to the time the course was originally scheduled; and (ii) for training courses provided at no charge to the persons who attend, such as company-provided in-house training, the 21-day advance notice does not apply, and advance notice of upcoming courses is only required when such notice is requested, in writing, by the executive director. |
| Source Note: The provisions of this §115.248 adopted to be effective November 16, 1992, 17 TexReg 7782; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective November 27, 2002, 27 TexReg 10935; amended to be effective April 13, 2005, 30 TexReg 2069 |
