When used in these regulations:
"Act" means the Emergency Petroleum Set-Aside Act ACA § 15-72-801 et. seq.
"Agricultural Activities" means commercial farming, dairy, poultry, livestock, horticulture, forestry and aquaculture activities and services directly related to the planting, cultivation, harvesting, milking, processing and distribution of fiber, timber and food intended for human consumption and animal feed.
"Assignment" means an action taken by the Arkansas Energy Office, designating that a prime supplier or broker of petroleum products supply them to an authorized consumer, dealer, wholesale purchaser-consumer or wholesale purchaser-reseller to facilitate relief of emergency or hardship needs pursuant to ACA § 15-72-804 of the Act.
"Blended Fuels" are mixtures composed primarily of gasoline or diesel fuel that may have additional alternative fuels blended into the petroleum products in varying percentages. For diesel fuel, B2, B5, B20 or similar conventional/biodiesel blends shall be considered to be diesel fuel. For gasoline, E10 or similar gasoline/ethanol blends shall be considered to be gasoline.
"Broker" means a marketer of petroleum products who performs none of the basic marketing functions but normally brings buyer and seller together and receives a fee or commission for his services.
"Bulk User" means any firm that is an ultimate consumer which, as a part of its normal business practices, purchases or obtains a product subject to the state set-aside from a supplier and receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location.
"Consumer" or "End User" means any individual, trustee, agency, partnership association, corporation, company, municipality, political subdivision or other legal entity which purchases petroleum products for ultimate consumption in Arkansas.
"Dealer" or "Retailer" means and includes any person or firm engaged in the business of selling petroleum products at retail.
"Director" means the Director of the Arkansas Energy Office who serves under the consent of the Executive Director of the Arkansas Economic Development Commission.
"Electronic Transmission" means any process of communication that does not directly involve the physical transfer of paper and that is suitable for the retention, retrieval and reproduction of information by the recipient.
"Emergency" or "Hardship" means any situation which, in the judgment of the Arkansas Energy Office, presents a threat to the economic, social or personal welfare of the areas, regions or individual users for which an assignment from the state set-aside is requested.
"Emergency Services" means vital services, including but not limited to, law enforcement, firefighting, medical care, sanitation, etc.
"Executive Director" means the Executive Director of the Arkansas Economic Development Commission.
"Firm" means any association, company, corporation, estate, individual, joint venture, partnership, or sole proprietorship or any entity however organized, including charitable, or education institutions and the Federal Government, including federal corporations, departments and agencies and state and local governments.
"Industrial Activities" means all industrial activities which create or change materials into another form as well as commercial activities involving the sale of goods and services.
"Jobber of Petroleum Products" means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end-users.
"Petroleum Products" means propane, motor gasoline, blended fuels, kerosene, #2 fuel oil, diesel fuel, kerosene-base jet fuel, naphtha-base jet fuel, and aviation gasoline.
"Petroleum Wholesaler" means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end-users.
"Prime Supplier" means the supplier which makes the first sale of any petroleum product subject to the state set-aside into the state distribution system for consumption within the state. Notwithstanding the above, "Prime Supplier" shall not include any firm, or any part or subsidiary of any firm, which supplies, sells, transfers or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy.
"Purchaser" means a wholesale purchaser or consumer, or both.
"Reference Month" means the calendar month and year to which the reported information on actual sales volume relates.
"Set-Aside" means, with respect to a particular prime supplier, the amount of petroleum product which is made available from the total supply of a prime supplier, pursuant to the provisions of ACA 15-72-804 of the Act, for utilization by the Arkansas Energy Office to resolve emergencies and hardships due to shortages or other dislocations in petroleum distribution systems.
"Supplier" means any firm or any part or subsidiary of any firm other than the United States Department of Defense, which supplies, sells, transfers or otherwise furnishes any allocated product to wholesale purchasers or end-users, including but not limited to refiners, importers, resellers, brokers, jobbers and retailers. Notwithstanding the above, "Supplier" shall not include any firm, or any part or subsidiary of any firm, which supplies, sells, transfers or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy.
"Undue Economic Burden" means, as used in ACA § 15-72-804 (d) (2) (B) of the Act, any assignment which, in the judgment of the Arkansas Energy Office, creates an extraordinary and financially prohibitive burden on a prime supplier or broker. Such judgments by Arkansas Energy Office personnel shall take into account written evidence of such a burden furnished by the prime supplier or broker involved.
"Wholesale Purchaser" means a wholesale purchaser-reseller or wholesale purchaser-consumer, or both.
"Wholesale Purchaser-Consumer" means any firm that is an ultimate consumer which, as a part of its normal business practices, purchases or obtains a product subject to the state set-aside from a supplier and receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location.
"Wholesale Purchaser-Reseller" means any firm, including dealers, which purchases, receives through transfers or otherwise obtains, as by consignment, a product subject to the state set-aside and resells or otherwise transfers it to other purchasers without substantially changing its form.
Motor Gasoline .............................................................. | 5 percent |
Diesel Fuel ...................................................................... | 4 percent |
Kerosene ......................................................................... | 4 percent |
#2 Fuel Oil ....................................................................... | 4 percent |
Aviation Gas ................................................................... | 5 percent |
Jet Fuel (kerosene base) ................................................ | 5 percent |
Jet Fuel (naphtha base) .................................................. | 5 percent |
Propane .......................................................................... | 3 percent |
Arkansas Energy Office
Arkansas Economic Development Commission
900 West Capitol Avenue, Suite 400
Little Rock, Arkansas 72201.
Director
Arkansas Energy Office
Arkansas Economic Development Commission
900 West Capitol Avenue, Suite 400
Little Rock, Arkansas 72201.
168.00.13 Ark. Code R. 006