The Storage Tanks regulations is a set of rules and permit requirements mandated by the Arkansas Pollution and Ecology Commission in order to protect the public health and the lands and the waters of the State of Arkansas. They are promulgated pursuant to Arkansas Code Annotated 8-7-801 and the Petroleum Storage Trust Fund Act 8-7-901. It covers all storage tanks, above (AST) and underground (UST). Most importantly these regulations establish that all owners and operators of storage tanks must register their tanks and receive a certificate from the department of environmental quality (ADEQ).
The following definitions are relevant to energy projects: "Certificate of Registration" means a certificate issued by the Department to an owner or operator who has
paid the applicable storage tank fees and registered his or her storage tank(s) with the Department; "Above ground storage tank" means any one or a combination of containers, vessels, and enclosures located above ground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty (1,320) gallons and not more than forty thousand (40,000) gallons and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum
products. Such term does not include mobile storage tanks used to transport petroleum from one location to another or those used in the production of petroleum or natural gas; "Operator," in addition to having the meaning given in the definition found at 40 CFR 280.12, means, unless the context dictates otherwise, any person in control of, or having responsibility for, the daily operation of an above ground storage tank system; provided, however, that "operator" as it is used in Chapters Five, Six, and Seven, and Subsection 12.104(A) shall not include such persons.
An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The federal UST regulations apply only to underground tanks and piping storing either petroleum or certain hazardous substances. The federal regulations (40 Code of Federal Regulations, Part 280, 281) are adopted by reference in Arkansas Pollution Control and Ecology Commission in this regulation. Owners and operators are responsible for detecting leaks from their tanks and piping. In order to install, repair, upgrade, close or test a UST system, a person must be certified by the State of Arkansas in the category for which work is done. Any company which contracts with a third party to install, repair, upgrade, close or test a UST system must be certified by the State of Arkansas in the category for which work is done. Any contracting company or testing company which engages in the business of performing regulated storage tank work and any individual who will supervise a job site or performs tightness testing is required to secure a license for that work.
Arkansas above ground storage tank (AST) regulations includes registration and trust fund eligibility requirements. ASTs are generally regulated under the AFPC (Arkansas Fire Prevention Commission), which has adopted the National Fire Prevention Association (NFPA) Code 30 (Flammable and Combustible Liquids Code) and Code 30A (Automobile and Marine Service Station Code).