Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Regulation 12 - Storage Tanks(#014.00-012) › Rule 014.00.17-001

Current through Register Vol. 49, No. 6, June, 2024
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.) §
										8-7-801
et seq.
and the Petroleum Storage Tank Trust Fund Act, Ark.
				Code Ann. §
										8-7-901
et
				seq
.
Reg. 12.103
Definitions
(A) Except for the
			 definitions of "Owner," "Person," and "Release" found at
			 40
			 C.F.R. §
											280.12, the definitions set
			 forth in
			 40
			 C.F.R. §§
											280.12 and
			 280.92 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 &
			 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. §
												280.12, 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. §
											8-7-901
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 shall
				constitute a reference to the regulation as herein adopted; and provided that
				the effective date of the provisions adopted herein by reference as provisions
				of this Regulation shall be the date the provisions are specified as being
				effective by the Commission in its rulemaking and the effective date of the
				federal regulations adopted herein shall have no bearing on the effective date
				of any provisions of this Regulation:
Code of Federal Regulations (C.F.R.), Title 40
(1) 280.10 through 280.74
(2) 280.90 through 280.116
(3) 280.200 through 280.230
(4) 280.250 through 280.252
(B) The Commission shall conduct
			 rulemaking as necessary to incorporate into this Regulation any new or revised
			 federal regulations.
Reg.
			 12.105
Records
(A)
			 In addition to any other records required to be maintained under the Regulated
			 Substance Storage Tanks program, the Petroleum Storage Tank Trust Fund Act, or
			 this Regulation, all owners or operators shall maintain and submit or, upon
			 request, make available for review and copying by the Department at all
			 reasonable times, any records that may reasonably be required by the
			 Department, the Commission, or the Advisory Committee in the performance of
			 their duties under law.
(B) Any
			 owner or operator of an underground storage tank shall grant the Department
			 access to all records concerning the storage of regulated substances.
Reg. 12.106
Entry and
			 Inspection of Underground Storage Tank Facilities
Any owner or operator of an underground storage tank system
				shall, upon request of a duly authorized representative of the Department,
				permit the representative to enter the property at all reasonable times to
				inspect the facilities and equipment or to conduct monitoring and sampling
				activities.
Reg. 12.107
Entry and Inspection of Aboveground Storage Tank Facilities
The Department shall have the authority to enter upon the
				property of any owner or operator of an aboveground storage tank to obtain
				information, conduct surveys, or review records for the purpose of determining
				compliance with the requirements of the Petroleum Storage Tank Trust Fund Act,
				relating to aboveground storage tanks prior to approval of a claim for
				reimbursement from the Petroleum Storage Tank Trust Fund.
Reg. 12.108
Notice Requirements
(A) The Department must be given timely
			 notice of any release as required by 40 C.F.R. § 280, Subpart E.
(B)
(1) The
			 requirement for giving timely notice of a release from an aboveground storage
			 tank system shall be the same as that for underground storage tank
			 systems.
(2) An owner or operator
			 is required to give notice of a release from an aboveground storage tank system
			 if the amount of the release equals or exceeds existing reporting limits in any
			 other applicable federal or state statutes or regulations.
(C)
(1) To
			 ensure timely notice of a release or suspected release from a storage tank
			 system is received by the Department, an owner or operator must follow up a
			 verbal notice to the Department with written notice of the release or suspected
			 release within three (3) business days following the date of the initial verbal
			 notice.
(2) Written notice may be
			 submitted in, but is not limited to, the following forms: facsimile, electronic
			 mail, U. S. mail, hand-written correspondence or by another form as may be
			 provided by the Department.
Reg. 12.109
Secondary
			 Containment
(A)
(1) Each new underground storage tank, or
			 piping connected to any new underground storage
			 tank1 shall be secondarily contained and monitored
			 for leaks.
(2) In the case of a new
			 underground storage tank system consisting of one (1) or more underground
			 storage tanks and connected by piping, the requirement to provide secondary
			 containment shall apply to all underground storage tanks and connected pipes
			 comprising the system.
(B)
(1) Any
			 existing underground storage tank, or existing piping connected to an existing
			 underground storage tank that is replaced2 shall be
			 secondarily contained and monitored for leaks.
(2) In the case of a replacement of an
			 existing underground storage tank, or existing piping connected to the
			 underground storage tank, the requirement to provide secondary containment
			 shall apply only to the specific underground storage tank or piping being
			 replaced, not to other underground storage tanks and connected pipes comprising
			 the system.
(C)
(1) Each installation of a new motor fuel
			 dispenser system, or replacement of an existing motor fuel dispenser
			 system3 shall include under-dispenser spill
			 containment.
(2) Under-dispenser
			 spill containment must:
(a) Be liquid-tight on
			 its sides, bottom, and at any penetrations;
(b) Be compatible with the substance conveyed
			 by the piping; and
(c) Allow for
			 visual inspection and access to the components in the containment system and/or
			 be monitored.
1 A new underground storage tank
			 or its piping is subject to the secondary containment requirements under this
			 section if it was installed after July 1, 2007.
2 An existing underground storage tank or
			 existing piping is subject to the secondary containment requirements under this
			 section if it was replaced after July 1, 2007.
3 A new motor fuel dispenser system is
			 subject to the secondary containment requirements under this section if it was
			 installed or replaced after July 1, 2007.
(3) A motor fuel dispenser system is
			 considered to have been replaced if:
(a) An
			 existing motor fuel dispenser and the equipment necessary to connect the motor
			 fuel dispenser to the underground storage tank system are removed,
			 and
(b) Another motor fuel
			 dispenser and the equipment necessary to connect the motor fuel dispenser to
			 the underground storage tank system are put in its place.
(D) Secondary containment systems
			 shall be designed, constructed, and installed to:
(1) Contain regulated substances released
			 from the tank system until they are detected and removed;
(2) Prevent the release of regulated
			 substances to the environment at any time during the operational life of the
			 underground storage tank system; and
(3) Be checked for evidence of a release at
			 least every thirty (30) days.
(E) In addition to the requirements of
			 subsection (D) of this section, double-walled tanks must be designed,
			 constructed, and installed to:
(1) Contain a
			 release from any portion of the inner tank within the outer wall; and
(2) Detect the failure of the inner
			 wall.
(F) In addition to
			 the requirements of subsection (D) of this section, external liners (including
			 vaults) must be designed, constructed, and installed to:
(1) Contain one hundred percent (100%) of the
			 capacity of the largest tank within its boundary;
(2) Prevent the interference of precipitation
			 or groundwater intrusion with the ability to contain or detect a release of
			 regulated substances; and
(3)
			 Surround the tank completely (i.e., it is capable of preventing lateral as well
			 as vertical migration of regulated substances.)
(G) Underground piping must be equipped with
			 secondary containment that satisfies the requirements of subsection (D) of this
			 section.
(H) In accordance with the
			 requirement of subdivision (D)(3) of this section, interstitial monitoring
			 shall meet at least one (1) of the following requirements:
(1) For double-walled underground storage
			 tank systems, the sampling or testing method can detect a release through the
			 inner wall in any portion of the tank that routinely contains a regulated
			 substance;
(2) For underground
			 storage tank systems with a secondary barrier within the excavation zone, the
			 sampling or testing method used can detect a release between the underground
			 storage tank system and the secondary barrier;
(a) The secondary barrier around or beneath
			 the underground storage tank system consists of artificially constructed
			 material that is sufficiently thick and impermeable (at least 10 -6 cm/sec for
			 the regulated substance stored) to direct a release to the monitoring point and
			 permit its detection;
(b) The
			 barrier is compatible with the regulated substance stored so that a release
			 from the underground storage tank system will not cause a deterioration of the
			 barrier allowing a release to pass through undetected;
(c) For cathodically protected tanks, the
			 secondary barrier must be installed so that it does not interfere with the
			 proper operation of the cathodic protection system;
(d) The groundwater, soil moisture, or
			 rainfall will not render the testing or sampling method used inoperative so
			 that a release could go undetected for more than thirty (30) days;
(e) The site is assessed to ensure that the
			 secondary barrier is always above the groundwater and not in a 25-year flood
			 plain, unless the barrier and monitoring designs are for use under these
			 conditions; and
(f) Monitoring
			 wells are clearly marked and secured to avoid unauthorized access and
			 tampering; or
(3) For
			 tanks with an internally fitted liner, an automated device can detect a release
			 between the inner wall of the tank and the liner, and the liner is compatible
			 with the substance stored.
(I) The requirements of this section do not
			 apply to:
(1) Suction piping that meets the
			 requirements of
			 40 C.F.R. §
												280.41(b)(2)(i)-(v);
			 or
(2) Piping that manifolds two
			 (2) or more underground tanks together.
Reg. 12.110
Delivery Prohibition
(A) It shall be unlawful to deliver to,
			 deposit into, or accept a regulated substance into an underground storage tank
			 at a facility that has been identified by the Department as ineligible for fuel
			 delivery or deposit.
(B)
(1) To prevent the delivery of a regulated
			 substance into an underground storage tank system that has been identified by
			 the Department as ineligible, a tamper-proof red tag shall be affixed to the
			 fill pipe of the ineligible underground storage tank.
(2) This affixed red tag shall serve as
			 written notification to the owner, operator, and the product delivery industry
			 of the prohibition of delivery to the tank system.
(C) An owner or operator shall not receive
			 any regulated substance into any underground storage tank to which notification
			 of delivery prohibition (red tag) has been affixed.
(D) A person selling any regulated substance
			 shall not deliver or cause to be delivered a regulated substance into any
			 underground storage tank to which notification of delivery prohibition (red
			 tag) has been affixed.
(E) It shall
			 be unlawful for any person, other than an authorized representative of the
			 Department, to remove, tamper with, destroy, or damage a red tag affixed to any
			 underground storage tank by Department personnel.
(F)
(1)
			 Under this section, a red tag shall immediately be affixed upon finding by the
			 Department of any of the following:
(a)
			 Required spill prevention equipment is not present;
(b) Required overfill protection equipment is
			 not present;
(c) Required release
			 detection equipment is not present; or
(d) Required corrosion protection equipment
			 is not present.
(2) The
			 Department, in its sole discretion, may delay the affixing of a red tag to an
			 underground storage tank for up to one hundred eighty (180) days upon
			 determination that:
(a) No urgent threat to
			 public health exists; and
(b) The
			 action would jeopardize the availability of, or access to, fuel for the local
			 community.
(G) Under this section, a red tag shall be
			 affixed to an underground storage tank upon finding by the Department of any of
			 the following if the owner or operator has been provided a written notice of
			 noncompliance and the owner or operator has failed to comply within the time
			 frame given in the notice:
(1) Failure to
			 properly operate or maintain release detection equipment;
(2) Failure to properly operate or maintain
			 spill, overfill, or corrosion protection equipment; or
(3) Failure to maintain financial
			 responsibility.
(H)
(1) For an owner or operator of an
			 underground storage tank that has been red tagged to have the tank reclassified
			 by the Department as eligible to receive delivery of a regulated substance, he
			 or she must provide a written statement to the Department that the deficiencies
			 listed in the notice of noncompliance have been corrected.
(2) The Department will determine whether the
			 deficiencies have been corrected as soon as practicable but within five (5)
			 business days after receipt of the owner's written statement of
			 compliance.
(3) Upon verification
			 of compliance, Department personnel will remove the red tag.