Arkansas Administrative Code

15 CAR § 234-101. Policy and purpose. (a) The following rules of the Arkansas Energy Office, a division of the Division of Environmental Quality, are promulgated pursuant to Arkansas Code § 15-72-804 (a)(1) – (2) of the Arkansas Emergency Petroleum Set-Aside Act, Arkansas Code § …

15 CAR § 234-102. Definitions. When used in this part: (1) “Act” means the Emergency Petroleum Set-Aside Act, Arkansas Code § 15-72-801 et seq.; (2) “Agricultural activities” means commercial farming, dairy, poultry, livestock, horticulture, forestry, and aquaculture activities a…

15 CAR § 234-103. Establishment of state set-aside system. (a) Percentage of products set aside. The monthly set-aside percentages applicable to prime suppliers and brokers for petroleum products subject to the set-aside program shall be as follows: (1) Motor gasoline, five perce…

15 CAR § 234-104. Applications for assignments. (a) Who may apply. A wholesale purchaser-consumer, dealer, or end user seeking an assignment from the state set-aside system to meet a qualifying hardship or emergency requirement, and a wholesale purchaser-reseller seeking an assig…

15 CAR § 234-105. Procedures for assignments. (a) Order and timing for processing of applications. (1) Each application shall be dated and assigned a case number indicating the order in which it has been received and will be processed. (2) The Arkansas Energy Office reserves the …

15 CAR § 234-106. Appeal. (a) Purpose and scope. (1) This section establishes the procedure for the filing of an administrative appeal of state set-aside orders issued by the Arkansas Energy Office. (2) A person has not exhausted the administrative remedies until an appeal has be…

15 CAR § 234-107. Release of state set-aside. At any time during the month, the Director of the Arkansas Energy Office may order the release of part or all of the prime supplier's or broker's set-aside volume through the prime supplier's or broker's normal distribution system in …

15 CAR § 234-108. Termination of set-aside program. (a) The set-aside program shall remain in effect for a period of one hundred twenty (120) days from the date the Governor directs the Arkansas Energy Office to implement it, and shall automatically terminate thereafter, unless t…

15 CAR § 234-109. Reporting forms. (a)(1) In the event the Governor declares an energy emergency, upon notification, each prime supplier or broker of petroleum products shall file with the Director of the Arkansas Energy Office, no later than twenty (20) calendar days after the c…

15 CAR § 234-110. Penalties. Persons violating any provisions of the Emergency Petroleum Set-Aside Act, Arkansas Code § 15-72-801 et seq., are subject to criminal and civil penalties as provided herein.

15 CAR § 270-101. General order. (a) The Liquified Petroleum Gas Board adopts by specific reference the distance provisions established by the National Fire Protection Association (NFPA) Pamphlet 58 as it existed on December 31, 2020. (b) All references to “NFPA 58” in this part …

15 CAR § 270-102. Waiver. To the extent permitted by statute, where the application of a State Liquefied Petroleum Gas Board Code rule would be unreasonable under the facts of the particular case, and safety may be obtained in other ways, the Liquefied Petroleum Gas Board may, up…

15 CAR § 270-103. Definitions. (a) In the application of the rules of the State Liquefied Petroleum Gas Board Code, the terms "liquefied petroleum gases", "liquefied petroleum gas system", "container", "appliance", "manufacturer", "jobber", "dealer", "vendor", and "person" shall …

15 CAR § 270-104. Liquefied petroleum gases — Refineries. (a) Liquefied petroleum gases sold for use in the state shall comply with specifications as published by the Natural Gasoline Association of America. (b) The refineries shall furnish the distributor with a delivery slip sh…

15 CAR § 270-105. [Reserved].

15 CAR § 270-106. Safety supervisors. (a) Each dealer or company who has been issued a class one permit shall have in his or her full-time employ a person who shall be designated the safety supervisor to have charge of the company's safety operations. (b) The person assigned this…

15 CAR § 270-107. Probation of permit holders or holders of certificates of competency. In the event the Liquefied Petroleum Gas Board should find violations of the liquefied petroleum gas laws, or the rules which do not merit revocation or suspension, the board may in its discre…

15 CAR § 270-108. Liquefied petroleum gas permit holders. (a) After the expiration of the permit fee payment date, which has been set by law as January 1: (1) Any dealer continuing in operation without payment of the fee as required shall be considered as operating in violation o…

15 CAR § 270-109. Dealers’ area of operation. (a) No dealer shall sell or offer for sale liquefied petroleum gas or conduct liquefied petroleum gas operations of any type in any area or location not shown on and authorized by a current permit. (b)(1)(A) Each holder of a class fiv…

15 CAR § 270-110. Report of installation. (a) Dealers shall forward to the Liquefied Petroleum Gas Board on an approved type form not later than the fifteenth of each month, a report of installation covering each container and system installed during the preceding month. (b) For …

15 CAR § 270-111. Containers. (a) Design and construction. (1)(A)(i) All containers, except containers designed to operate under refrigerated or cryogenic conditions, in which liquefied petroleum gases are stored and/or transported or in which liquefied petroleum gases are placed…

15 CAR § 270-112. Fittings and assembling. (a)(1) All fittings, such as hand shutoff valves, filler valves, vapor return valves, excess flow check valves, or other type fittings that may be attached to liquefied petroleum gas containers, shall have their correctness as to design,…

15 CAR § 270-113. Tank trucks construction and assembly. The following subdivisions, (1) to (26) of this section, inclusive, apply to the construction and assembly of tank trucks used for transportation and delivery of liquefied petroleum gases: (1) Blueprints of the design of al…

15 CAR § 270-114. Fuel tanks and vaporizers. (a) The following subsections, (b) and (c) of this section, inclusive, apply to the design, construction, and assembly of motor fuel containers and vaporizers mounted on motor vehicles such as: (1) Automobiles; (2) Trucks; (3) Buses; (…

15 CAR § 270-115. Tank trucks — Operation. (a)(1) No liquefied petroleum gases shall be transferred from one (1) container to another or from another vehicle to a motor vehicle on any public highway, street, or road except in case of emergency. (2) This shall not prohibit the fue…

15 CAR § 270-116. Servicing or filling containers. (a) The filling of any container which does not have an attached approval tag is prohibited. (b) The discharge end of the filling hose shall be fitted with an approved valve and the operator shall control the liquid flow with thi…

15 CAR § 270-117. Farm vehicles and trailers. (a)(1) The following section applies to liquefied petroleum gas containers mounted on trailers or motor vehicles of the farm type used in connection with the transporting of liquefied petroleum gas on the farm and from one farm to ano…

15 CAR § 270-118. Storage containers. (a) The words "Storage containers" shall be construed to mean all vessels used for bulk storage and commercial storage of liquefied petroleum gases. (b)(1) Containers used for bulk storage, and commercial storage vessels located at cotton gin…

15 CAR § 270-119. Vaporizers and housing. (a) Vaporizers shall have their correctness as to design, construction, and performance certified as follows: Constructed in accordance with the requirements of the American Society of Mechanical Engineers Unfired Pressure Vessel Code, Un…

15 CAR § 270-120. Installation and painting of containers. (a)(1) Underground containers shall be coated or protected to minimize corrosion. (2) Any damage to the coating shall be repaired before backfilling. (3) Containers shall be: (A) Set level; and (B) Surrounded by earth or …

15 CAR § 270-121. Appliances. (a)(1) All domestic and commercial liquefied petroleum gas consuming appliances except ranges shall have their correctness as to design, construction, and performance certified as follows: (A) Tested and listed as approved for use with liquefied petr…

15 CAR § 270-122. Venting. (a)(1) Every gas appliance for use with liquefied petroleum gas equipped with a vent collar shall be properly vented to the outer air. (2) The following requirements cover proper venting: (A) Draft hood. A draft hood which meets the approval requirement…

15 CAR § 270-123. Compliance with other material. In addition to the rules contained in this State Liquefied Petroleum Gas Board Code, the Liquefied Petroleum Gas Board or any representative thereof may require compliance with any recommendation or standard contained in the lates…

15 CAR § 275-101. General hearing procedures. (a) Execution and filing. (1)(A) All applications, except for applications filed by the Director of Production and Conservation, shall: (i) Be in writing; and (ii) State the: (a) Interests of the application; and (b) General nature of…

15 CAR § 275-102. Additional requirements for specific types of hearings. (a) Abandoned well and emergency response hearings. (1) Unless otherwise specified below, 15 CAR § 275-101 shall apply to all abandoned well and emergency response hearing proceedings pursuant to Arkansas C…

15 CAR § 275-103. Definitions. Unless the context otherwise requires, the words defined shall have the following meaning when found in this part, to wit: (1) “Atmospheric pressure” means the pressure of air at the sea level, equivalent to about fourteen and seven-tenths pounds pe…

15 CAR § 275-104. Enforcement procedures. (a) Definitions. As used in this section: (1) “Commission” means the Oil and Gas Commission, on which the Director of Production and Conservation serves as secretary, but is a nonvoting member; (2) “Director” means the Oil and Gas Commiss…

15 CAR § 275-105. [Reserved].

15 CAR § 275-106. Determination of natural gas well categories for severance tax purposes. (a) Applicability. (1) In accordance with Arkansas Code § 26-58-128, the Director of the Oil and Gas Commission shall determine the well categories for all gas production wells, which will …

15 CAR § 275-201. Application to drill a production well. (a) Definitions. (1)(A) “Deepen” for a cased well means an operation whereby a well is drilled to a measured depth below the cement casing shoe. (B) For an open hole completion, “deepen” means an operation whereby a well i…

15 CAR § 275-202. Proof of financial responsibility required to be furnished. (a) For purposes of this section, the person, operator, producer, or owner designated by the Director of Production and Conservation or his or her designee as the party responsible for compliance, and w…

15 CAR § 275-203. Spacing of wells. (a) For purposes of this section and with respect to all established field rules, exploratory drilling units, wildcat wells, and in uncontrolled areas, the term “well location” shall be defined as follows: (1)(A) For the purpose of well drillin…

15 CAR § 275-204. Application to transfer a well. (a) Definitions. As used in this section: (1) "Current permit holder" means the person required to hold the permit or to whom the permit was issued and who: (A) Is the owner of the right to drill, produce, and/or operate said well…

15 CAR § 275-205. Submission of well records and issuance of certificate of compliance. (a) During the drilling, original completion, recompletion, or workover of every well, the owner, operator, contractor, driller, or other person responsible for the conduct of drilling, origin…

15 CAR § 275-206. Oil, gas, and water to be protected. Before any well or any producing horizon encountered therein shall be abandoned, the owner or operator shall use such means, methods, and procedures as may be necessary to: (1) Prevent water from entering any oil or gas-beari…

15 CAR § 275-207. When wells shall be plugged and abandoned and notice of intention to plug and abandon wells. (a)(1) The current permit holder is responsible for plugging wells as defined in this section. (2) In the case of leaking wells, plugging responsibility is in accordance…

15 CAR § 275-208. Plugging methods and procedures. The methods and procedures for plugging a well shall be as follows: (1)(A) The bottom of the hole shall be filled to the top of each producing stratum and a cement plug of not less than one hundred feet (100’) in length shall be …