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State-by-State Compliance Issues
Profile: UST Release Detection Requirements

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Arkansas
Contact	Tom Hunting, Inspector Department of Pollution and Ecology 901-682-0985
Citation	ADPCE Regulation 12, Chapter 2, Section 1 adopts the federal regulations by reference.
Record keeping: Are hard copies of test results required or are electronic results adequate? If hard copies are required, what are the availability requirements.	Hard copies must be available at the time of inspection, however 24-hour notice is given before inspection. If records cannot be produced at the time of inspection, the Department will usually allow 30 days for the records to be produced without penalty. Hard copies need to be available for inspection that would be conducted during business hours. The Department prefers records to be available at all times in case there is a release.
Recordkeeping: Are there other release detection recordkeeping requirements besides tightness test results? If so, who is responsible, when must they be performed, and where must they be stored.	Records must include: 1) all written performance claims of the system, 2) results of any sampling, testing, or monitoring for the past year, and 3) documentation of all calibration, maintenance and repair. 40 CFR280.45.
Are there any start-up or operational (one time or on-going) permitting, licensing, inspecting, certifying, calibrating, maintaining, or reporting (test results, electronic system alarms, etc.) requirements for the operator(or owner if different)?	An amended notification form must be filed if the release detection is modified. 40 CFR 280.22.
Are there training requirements for Operators? Owners(if different)?	There are no training requirements.
Is an annual .1 gph test (i.e., 40CFR 280.44b) required in addition to a 0.2 gph “Monthly Monitoring” test (i.e. CFR 280.44c; 280.43h)-- or vice versa?	No, either test may be used.
What are the penalties/ramifications for not getting every monthly test (tank/line) due to high volume of business and/or site conditions (ground water fluctuations, heavy traffic, construction, release detection equipment failure, etc.) that prevent the system from getting a passing test each month?	Possible $10,000 fine, but the Department will usually give the facility 3- days to get into compliance without penalty. Regulation 12 Chapter 8.
Are periodic (i.e., annual) third party inspection/certification test(s) required to verify that the “Monthly Monitoring” leak detection system is operating properly? If the answer is yes, what are the specific requirements of this/these periodic inspections? Must an inspection form be submitted to the state/or retained at the store? Must the inspecting contractor be state certified?	No periodic third party is required.
What are the effective dates of all release detection system requirements? Are these dates the same for all stores or can they be store specific (i.e., as stated on a permit to install a new tank or tanks or on a tank registration form)?	Release detection was and is required for all “new” (installed after December 22, 1988), tanks and piping upon installation. Release detection was required for all “existing” (installed prior to December 22, 1988), tanks and suction piping by December 22, 1993. Release detection was required for “existing” (installed prior to December 22, 1988), pressurized piping by December 22, 1990.
Can the required line leak detector test (40 CFR 280.44a) be preformed by the onsite electronic system “self-test” or is a third party test required?	A self test is sufficient as long as it is an approved system and it is operated in accordance with the manufacturer’s instructions.
Must lines and/or leak detectors be tested if a component of the line, such as a shear valve, is damaged and must be repaired or replaced? If so, can the test be performed by the on-site electronic system’s “self-test” or is a third party test required?	Testing is required, but a self-test is sufficient. 40 CFR 280.33 (d)
Are third-party testing contractors to tightness test tanks or lines required (or use some other method of release detection other than electronic release detection such as ground water monitoring, statistical inventory reconciliation, etc.) even through an electronic release detection system in installed and operated to meet federal requirements? If so, would this apply to all tanks and piping or would it apply to just certain tanks and lines such as those that are single walled or those with high water tables or those at a store where there was previous ground contamination that is currently being mitigated, etc.?	Third party testing is not required.
Cities and Municipalities with different requirements.	None.