December 15, 2010
Arkansas Environmental, Energy, and Water Law
Author: Walter G. Wright
The most recent issue of the Canopy which is the quarterly magazine published by the Arkansas Oil Marketers Association includes a clarification from Terry Perry, Enforcement/Compliance Branch Manager of the Regulated Storage Tank Division of the Arkansas Department of Environmental Quality in which he responds to the following question:
QUESTION: Do temporary construction tanks or mobile tanks need to be registered with
ADEQ? Mobile tanks by regulation are tanks used to move fuel. Does it matter
if a tank is over or under 1,320 gallons?
ANSWER: Above ground storage tanks used at temporary locations, not installed at a
fixed location, do not fall under the definition of a regulated above ground storage
tank (REG. 12, Section 12.103). This interpretation is not new and has been used since
REG. 12 was written. Tanks that are mobile and can be moved from location to
location throughout the year would require multiple registrations (and fees), if
regulated, and the statutes/regulations were not written to require registration of
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