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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations system owners and operators to notify the implementing agency of any new UST systems, including instances where one assumes ownership of an existing UST.
Title 40 CFR 281.31 requires that most existing UST systems meet the requirements of 281.30, are upgraded to prevent releases for their operating life due to corrosion, spills, or overfills, or are permanently closed. APC&EC
Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40 CFR 280
requirements by reference, as well as sections 12.109, 12.502, and 12.503
contain the necessary requirements that UST systems be upgraded to prevent releases during their operating life due to corrosion, spills, or overfills.
Title 40 CFR 281.32 contains the general operating requirements that must be met in order for the States submission to be considered no less stringent than the Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as section 12.105 contain the necessary general operating requirements required by 40 CFR
281.32.
Title 40 CFR 281.33 contains the requirements for release detection that must be met in order for the States submission to be considered no less stringent than Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as section 12.109 contain the necessary requirements for release detection as required by 40 CFR 281.33.
Title 40 CFR 281.34 contains the requirements for release reporting, investigation, and confirmation that must be met in order for the States submission to be considered no less stringent than Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as sections 12.108 and 12.305
contain the necessary requirements as required by 40 CFR 281.34 for release reporting, investigation, and confirmation.
Title 40 CFR 281.35 contains the requirements for release response and corrective action that must be met in order for the States submission to be considered no less stringent than Federal requirements. APC&EC
Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40 CFR 280

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requirements by reference contains the required provisions as listed in 40 CFR
281.35 for release response and corrective action.
Title 40 CFR 281.36 contains the requirements for out of service UST
systems and closures that must be met in order for the States submission to be considered no less stringent than Federal requirements. APC&EC
Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40 CFR 280
requirements by reference contains the necessary requirements as listed in 40
CFR 281.36 for out of service UST
systems and closures.
Title 40 CFR 281.37 contains the requirements for financial responsibility for UST systems containing petroleum that must be met in order for the States submission to be considered no less stringent than Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as sections 12.302A1 and 12.314
contain the necessary requirements as listed in 40 CFR 281.37 for financial responsibility for UST systems.
Title 40 CFR 281.38 contains the requirements for lender liability that must be met in order for the States submission to be considered no less stringent than Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as section 12.321 contain the requirements for lender liability as listed in 40 CFR 281.38.
Title 40 CFR 281.39 contains the requirements for operator training that must be met in order for the States submission to be considered no less stringent than Federal requirements.
APC&EC Regulation No. 12 Storage Tanks, section 12.104 which incorporates the necessary Federal 40
CFR 280 requirements by reference, as well as sections 12.105, and 12.701
through 12.710 contain the requirements for operator training as required by 40 CFR 281.39.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions The following statutory and regulatory provisions are considered broader in scope than the Federal program:
At ACA 878011 introductory paragraph through 1B, Arkansas defines aboveground storage tank.

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ACA 87802a2, grants the Arkansas Pollution Control and Ecology Commission the power to set reasonable fees for licensure and registration. All such State fees are broader in scope.
At ACA 87808, Arkansas details the requirements of the Regulated Substance Storage Tank Program Fund;
all funds of this type are broader in scope because they have no Federal counterparts.
At ACA 87813, references to aboveground storage tanks with respect to the State registration requirement are broader in scope.
ACA Chapter 7, Subchapter 9, sections 87901 through 87908
regarding the detailed requirements of the State Petroleum Storage Tank Trust Fund Act are broader in scope.
At APC&EC Regulation No. 12, section 12.10320, the reference to aboveground storage tanks are broader in scope.
At APC&EC Regulation No. 12, section 12.107, Arkansas regulates aboveground storage tanks in a manner that is broader in scope than the Federal program.
At APC&EC Regulation No. 12, section 12.201C through F, Arkansas regulates aboveground storage tanks in a manner that is broader in scope than the Federal program.
At APC&EC Regulation No. 12, sections 12.202B2 and 12.203, Arkansas assesses a storage tank registration fee to be paid by tank owners and operators. All such State fees are broader in scope.
APC&EC Regulation No. 12, Chapter 3
Petroleum Storage Tank Trust Fund Corrective Action Reimbursement Procedures and Chapter 4 Petroleum Storage Tank Trust Fund Third-Party Payment Procedures; State trust funds of this type are state-specific and are broader in scope than the Federal program.
Where an approved State program has a greater scope of coverage than required by Federal law, the additional coverage is not part of the federallyapproved program. See 40 CFR
281.12a3ii.
More Stringent Provisions The following regulatory provisions are considered more stringent in coverage than the Federal program:
At APC&EC Regulation No. 12 Storage Tanks, section 12.105, Arkansas has additional, state-only records requirements, including access by the Department, and additional records for state-specific programs such as the broader in scope Trust Fund Act.
At APC&EC Regulation No. 12 Storage Tanks, section 12.109A, the State
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