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Arkansas Department of Environmental Quality (“ADEQ”) staff authored an article in the March edition of the Arkansas Oil Marketers Association publication The Canopy.

The article addresses a variety of issues associated with underground storage tank (“UST”) contractor licensing and is titled:

UST Installations, Testing, and Repairs Require Licensed Contractor (“Article”)

The federal UST regulations address the design, operation, installation, leak detection, closure, financial assurance, and release reporting aspects of operating this equipment.

The federal UST program was delegated to ADEQ many years ago. As a result, ADEQ implements the baseline federal UST regulations. However, the Arkansas General Assembly enacted, at the same time it authorized the development of a state UST program, a requirement that is not found in the federal program. These Arkansas requirements involve a state requirement to obtain a license for activities associated with USTs within the scope of the terms “installation,” “testing,” and “repairs.”

Pursuant to the previously referenced Arkansas statutory authority, ADEQ promulgated regulatory provisions found in Arkansas Pollution Control and Ecology Commission Regulation 12 that spells out these requirements. ADEQ has licensing requirement for contractors/companies and individuals who install, repair, upgrade, close, and test USTs. Licensing must be obtained by:

• An person to install, repair, upgrade, close, or test a UST system. A person must be licensed by ADEQ in the category for which work is done.
• Any company that contracts with a third party to install, repair, upgrade, close, or test a UST system.
• Any contracting company or testing company that engages in the business of performing underground storage tank work and any individual who will supervise a job site or who performs tightness testing.

ADEQ’s Article provides some additional guidance and a reminder regarding these Arkansas requirements. The Article addresses issues such as:

• Identifying a licensed UST contractor or individual (Noting https://www.adeq.state.ar.us/rst/programs/licensing/contractors.aspx).
• Referencing the regulatory requirements to obtain a license to install, repair, upgrade, close, or test USTs
• Requirements for an applicant for an UST contractor/company license
• Requirements for a UST individual license
• Date and locations of relevant exams
• Period of time the license is valid
• List of approved training providers

A copy of the Article can be found here.