014.00.17 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.17 Ark. Code R. § 001
• Year: 2023

CHAPTER 1 : GENERAL PROVISIONS

Reg. 12.101 Purpose and Title The purpose of Arkansas Pollution Control and Ecology Commission Regulation Number 12 (Storage Tanks), referred to herein as "Regulation" and may be cited as "APC&EC Regulation 12 (Storage Tanks)," is to regulate underground storage tank systems and certain aboveground storage tank systems to protect the public health and the lands and waters of the State of Arkansas.

Reg. 12.102 Authority This Regulation is promulgated under the authority of Arkansas Code Annotated (Ark. Code Ann.) § 8Definitions and exceptions8-7-801 et seq. and the Petroleum Storage Tank Trust Fund Act, Ark Code Ann. § 8Title8-7-901 et seq.

Reg. 12.103 Definitions(A) Except for the definitions of "Owner," "Person," and "Release" found at 40 C.F.R. § 40Definitions280.12, the definitions set forth in 40 C.F.R. §§ 40Definitions280.12 and 40Definition of terms280.92 are all adopted by reference herein. (B) As used in this Regulation, unless the context otherwise requires:(1) (a) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. The 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. (b) "Aboveground storage tank" shall not include any containers, vessels, or enclosures used to contain or dispense refined petroleum substances listed under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C.S. § 9601(14). (2) "Advisory Committee"means the Advisory Committee on Petroleum Storage Tanks as established by state law. (3) "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. (4) "Combination,"for purposes of implementation of this Regulation on aboveground storage tanks only, means containers, vessels, and enclosures located aboveground that are joined by common piping and located in tandem. (5) "Commission,"unless indicated otherwise by the context, means the Arkansas Pollution Control &amp Ecology Commission. (6) "Compensatory damages"means all damages for which an owner or operator may be liable including, without limitation, bodily injury or property damage. This term does not include punitive damages or the costs of litigation which shall not be limited to attorney or expert witness fees. This definition shall apply to any pending third-party claim that has not been reduced to judgment as of April 7, 2003. (7) "Community water system"means a public water system that serves at least fifteen (15) service connections used by year-round residents or regularly serves at least 25 year-round residents. This term includes any collection, treatment, storage, and distribution facilities under control of the system operator, and used primarily in connection with the system. (8) "Corrective action"means any action that may be necessary to protect human health and the environment as a result of an accidental release, sudden or nonsudden. (9) "De minimis concentration of a regulated substance"means a quantity less than three-tenths percent (0.3%) by volume of a regulated substance in a blended material contained within a storage tank. (10) "Department"means the Arkansas Department of Environmental Quality. (11) "Director"means the Director of the Arkansas Department of Environmental Quality. (12) "Motor fuel dispenser" means a device that measures and transfers liquid fuel via pressure or suction from an underground storage tank system into a motor vehicle or container. The term "motor fuel dispenser" does not include the equipment necessary to connect a dispenser to an underground storage tank system. (13) "Motor fuel dispenser system"means the equipment necessary to connect a dispenser to an underground storage tank system, and may include check valves, shear valves unburied risers or flexible connectors, or other transitional components that are beneath a dispenser and connect a dispenser to underground piping. (14) "Operator," in addition to having the meaning given in the definition found at 40 C.F.R. § 40Definitions280.12, means, unless the context dictates otherwise, any person in control of, or having responsibility for, the daily operation of an aboveground storage tank system; provided, however, that "operator" as it is used in Chapters Five, Six, and Seven, and Reg. 12.104(A) shall not include such persons. (15) "Owner" means: (a) In the case of any underground storage tank system in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances; (b) In the case of any underground storage tank system in use before November 8, 1984, but no longer in use on that date, any person who owned such tank system immediately before the discontinuation of its use. The term "Owner" does not include any person who, without participation in the management of an underground storage tank system, holds indicia of ownership primarily to protect a security interest in the tank system; and (c) Unless the context dictates otherwise, any person who owns an aboveground storage tank; provided, however, that "owner" as it is used in Chapters Five, Six, and Seven, and Reg. 12.104(A) shall not include such persons. (16) "Person"means any individual; corporation; company; firm; partnership; association; trust; joint-stock company or trust; venture; municipal, state, or federal government or agency; or any other legal entity, however organized. (17) "Potable drinking water well" means any hole (dug, driven, drilled, or bored) that extends into the earth until it meets groundwater that:(a) Supplies water for a non-community public water system, or (b) Otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses.) (18) "Release"means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into the groundwater, surface water, or subsurface soils of the state. (19) "Secondary containment" means a release prevention and release detection system for an underground storage tank or piping or both, that provides an inner barrier, an outer barrier, and an interstitial space between the two barriers for monitoring to detect the presence of a leak or release of regulated substances from the underground storage tank or piping, or both. This term includes containment sumps used for interstitial monitoring of piping. (20) "Storage tank"means an aboveground storage tank or underground storage tank as defined by this Regulation. (21) "Trust fund" means the Petroleum Storage Tank Trust Fund created by the Petroleum Storage Tank Trust Fund Act, Ark. Code Ann. § 8Title8-7-901 et seq. (22) "Unknown petroleum storage tank"means a petroleum storage tank as defined by state law whose existence on a property or at a facility at the time of discovery of a release was not known or should not have been reasonably known by the owner or operator. An owner or operator is deemed to have known of the existence of an unknown petroleum storage tank if there was surficial evidence of the tank in the form of visible vent pipes, fill caps, or lines protruding from the tank.

Reg 12.104 Incorporation of Federal Regulations (A) The following regulations promulgated on or before August 24, 2018, the United States Environmental Protection Agency are hereby adopted as provisions of this Regulation as though set forth herein line for line and word for word, except that unless the context otherwise dictates, all references therein to "Implementing Agency" shall be considered references to "Arkansas Department of Environmental Quality," and all references to "Administrator," "Regional Administrator," "Director" or "State Director" shall be considered references to the "Director of the Arkansas Department of Environmental Quality," and all references to the "U.S. Environmental Protection Agency" or "EPA" shall be considered references to the "Arkansas Department of Environmental Quality," and all references elsewhere in this Regulation to any of the following regulations...