# EPA-APPROVED

# SOUTH

# DAKOTA 

# REGULATORY

# REQUIREMENTS 

# APPLICABLE TO THE 

# HAZARDOUS

# WASTE

# MANAGEMENT

# PROGRAM



# FEBRUARY

# 2016

### Page 1 TABLE OF CONTENTS
EPA-APPROVED SOUTH DAKOTA REGULATORY REQUIREMENTS APPLICABLE TO THE HAZARDOUSWASTE MANAGEMENT PROGRAM February 2016 Section Description Administrative Rules of South Dakota, Article 74:28, HazardousWaste, effective October 10, 2013(*) [Adoption by Reference of Federal Regulations as of July 1, 2012] Chapter 74:28:21: Administration 74:28:21:01 Definitions. 74:28:21:02 General Standards for a hazardous waste management system (Adoption of 40 CFR §§ 260.10 – 260.43). 74:28:21:03 Use of term “RCRA § 3008”. Chapter 74:28:22: Identification and Listing 74:28:22:01 Adoption of 40 CFR §§ 261.1 – 261.41 (except 261.4(b)(16) & (17)), §§ 261.140 – 261.151, and Appendices I, VII, VIII, and IX. Chapter 74:28:23: Standards for Generators 74:28:23:01 Adoption of 40 CFR §§ 262.10 – 262.70 (except 262.10(j) and (k)), §§262.200 – 262.216, and Appendix. Chapter 74:28:24: Standards for Transporters 74:28:24:01 Adoption of 40 CFR §§ 263.10 – 263.31. Chapter 74:28:25: Treatment, Storage, and Disposal 74:28:25:01 Adoption of 40 CFR §§ 264.1 – 264.1202 (except for selected provisions) and Appendices I, IV, V, VI, and IX; and adoption of 40 CFR §§ 267.1 – 267.1108 (except § 267.71(d)). 74:28:25:02 Underground placement of waste prohibited. 74:28:25:03 Assessment of existing tank system’s integrity (requirements for existing tank systems that do not meet the 40 CFR 264.193 secondary containment requirements). 74:28:25:04 Containment and detection of releases from tanks. 74:28:25:05 Definition of new and existing drip pads for certain wood preserving wastes. Chapter 74:28:26: Permit Requirements 74:28:26:01 Adoption of 40 CFR §§ 270.1 – 270.320 (except for selected provisions), and Appendix I; and adoption of selected provisions from 40 CFR Part 124. Chapter 74:28:27: Management of Specific Hazardous Wastes 74:28:27:01 Adoption of 40 CFR §§ 266.20

B266.360 and Appendices; and adoption of 40 CFR §§ 279.1 – 279.82 (except § 279.82(b) and (c)). Chapter 74:28:28: Interim Status Standards for Facilities 74:28:28:01 Adoption of 40 CFR §§ 144.1(h); and adoption of 40 CFR §§ 265.1– 265.1202 (except for selected provisions) and Appendices I, III, IV, V, and VI. 74:28:28:02 Underground placement of waste prohibited. 74:28:28:03 Assessment of existing tank system’s integrity (requirements for tank systems that do not meet the 40 CFR § 265.193 secondary containment requirements). 74:28:28:04 Containment and detection of releases from tanks.

### TABLE OF CONTENTS
EPA-APPROVED SOUTH DAKOTA REGULATORY REQUIREMENTS APPLICABLE TO THE HAZARDOUSWASTE MANAGEMENT PROGRAM February 2016

Page 2 Section Description 74:28:28:05 Definition of new and existing drip pads for certain wood preserving wastes. Chapter 74:28:29: Interim Status for Existing Surface Impoundments 74:28:29:01 Timeframe within which interim status surface impoundments are subject to the design requirements for new units. Chapter 74:28:30: Land Disposal Requirements 74:28:30:01 Adoption of 40 CFR §§ 268.1 – 268.4, 268.7 – 268.50 (except for non-delegable provisions) and Appendices III, IV, VI, VII, VIII, IX, and XI. Chapter 74:28:33: Management of Universal Hazardous Waste 74:28:33:01 Adoption of 40 CFR §§ 273.1 – 273.81. Administrative Rules of South Dakota, Article 74:36, Air Pollution Control Program, effective June 25, 2013 [Adoption by Reference of Federal Regulations as of July 1, 2012] 74:36:11:01 Stack performance testing or other testing methods (in accordance with 40 CFR § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M.
Copies of the South Dakota regulations that are incorporated by reference are available from South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, SD 57501, (Phone: 605-773-3251). (*) Note: South Dakota has adopted but is not authorized for the following Federal final rules: (1) Removal of Legally ObsoleteRules (HSWA/non-HSWA) [60 FR 33912, 06/29/95]; (2) Imports and Exports of Hazardous Waste: Implementation of OECD Council Division (HSWA - Not delegable to States) [61 FR 16290, 04/12/96]; (3) Clarification of Standards f or Hazard Waste Land Disposal Restriction Treatment Variances (HSWA) [62 FR 64504, 12/05/97]; (4) Hazardous Waste Combustors; Revised Standards (Non-HSWA – Vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014) [63 FR 33782, 6/19/98]; (5) Vacatur of Organobromide Production Waste Listings(HSWA) [65 FR 14472, 03/17/00]; (6) National Environmental Performance Track Program (Non-HSWA– terminated by EPA (74 FR 22741, 5/14/09)) [69 FR 21737, 4/22/04; as amended by 69 FR 62217, 10/25/04 and 71 FR 16862, 4/4/06]; (7) Exclusion of Oil-Bearing Secondary Materials Processed in aGasification System to Produce Synthesis Gas (Non-HSWA - Vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98- 1379 and 98-1379; June 27, 2014) [73 FR 52, 1/2/08]; (8) Revisions to the Definition of Solid Waste (Non-HSWA) [73 FR 64668, 10/30/08]; (9) OECD Requirements; Export Shipments of Spent Lead Acid Batteries (Non-HSWA –Not delegable to States) [75 FR 1236, 1/8/10]; and (10) Withdrawal of the Emission Comparable Fuel Exclusion (Non-HSWA – Vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014) [75 FR 33712, 6/15/10].

### State ofSouthDakota ) ) 

## Certification County ofHughes )

I, Doug Decker, Code Counsel of the State of South Dakota, do hereby certifythatthe enclosedcopy ofARSD 

### 74:28 is atrue and correct copy.

Signedthis 

### 26th day ofAugust, 

### 2014.

# ~~ DougDecker SouthDakota Code CounselSection 74:28:21:01 74:28:21:02 74:28:21:03 CHAPTER?4:28:18 REQUIREMENTSFORTREATMENTFACILI (Repealed. 10 SDR 106, effectiveApril 8, 1 ti)

REQUIREMENTSFOR ERGROUND INJECTION (Repealed. 10 106, effectiveApril 8, 1984)

CHAPTER74:28:20

CHAPTER74:28:21
ADMINISTRATION

Definitions. General standards for ahazardous wastemanagement system. Use ofterm RCRA § 3008.

74:28:21:01. Definitions. Terms used inthe federal rules which are adoptedbyreference in this article have the following meanings. All references in this article to federal regulations are thoserevised as ofJuly 1, 2012, unless otherwise specified: (I) 11Administrator, 11 the secretary ofthe Department ofEnvironment andNatural Resources
ora designee, except at: · {a) 40 C.F.R. §260.10, the definitions of "administrator," "regional administrator,'' and "hazardouswaste constituent"; (b) 40 C.F.R. Part261,AppendixIX; (c) 40 C.F.R. §§ 262.55; 262.56(a); 262.56(b); and Part262, Appendix; (d) 40 C.F.R. §§ 264.12(a) and 265.12(a); (e) 40 C.F.R. 

### §268.40(b); (f) 40 C.F.R. 

### §270.2, the definitions of "administrator," "director," "major facility,"

11regional administrator," and "state/EPAagreement11 ; (g) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2), (3), and (4); 270.IO(f) and (g); 270.ll(a)(3); 270.14(b)(20); 270.32{b)(2); and 270.51;(2) "Director," the secretary ofthe Department ofEnvironment and Natural Resources or a designee;
(3) "EPA,11 the state Department ofEnvironment andNatural Resources, exceptfor:
(a) Any references to "EPA identification numbers," "EPA forms," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA manuals," "EPA guidance," or "EPAAcknowledgment ofConsent"; (b) Anyreference to EPAinthe following regulations: (i) 40 C.F.R. §260.10, the definitions of"administrator," "EPA region," "federal agency," "person,"and "regional administrator"; (ii) 40 C.F.R. Part261, Appendix IX; (iii) 40 C.F.R. §§ 262.21; 262.32(b); 262.51; 262.53(a); 262.53(c) to 262.53(f), inclusive; 262.54(g)(l); and Part262, Appendix; (iv) 40 C

.F.R. §§ 264.11 and 265.11; (v) 40 C.F.R. §268.l(e)(3), 268.20) and 268.40(f); (vi) 40 C.F.R. §§ 270.l(a)(l); 270.l(b); 270.3; 270.5; 270.10(e)(2); 270.1l(a)(3); 270.32(a) and (c); 270.51; 270.72(a)(5); and 270.72(b)(5); (vii) 40 C.F.R. 

### §270.2, the definitions of "administrator," "approved program or approved state," "director," "Environmental Protection Agency," "EPA," "final authorization," "permit," "person," "regional administrator," and "state/EPA agreement"; (viii) 40 C.F.R. 

### §273.32(a)(3); (ix) The second reference to EPA at 40 C.F.R. §§ 264.1082(c)(4)(ii) and 265.1083(c)( 4)(ii); (x) 40 C.F.R. § 260.ll(a);
(4) "EPA hazardous waste number," the number assigned by the secretaryto eachhazardous waste; (5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, ordisposal facility;
(6) "Existing hazardous waste management facility" or "existing facility," a facility that was in operation or for which construction commenced on or before November 19, 1980, for HSWA facilities, orbefore April 8, 1984, for non-HSWA facilities;
(7) "Existing tank system" or "existing component," a tank system orcomponentthat is used for the storage or treatment ofhazardous waste and that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, as defined in subdivision (9) ofthis section, or June 7, 1989, for non-HSWAtanks, as defined in subdivision (12) ofthis section; (8) "Federal Register," a newspaper of general circulation in the state of South Dakota, except at: (a) 40 C.F.R. §260.ll(a) and (b); (b) 40 C.F.R. § 270.6(a) and (b); (c) 40 C.F.R. § 270.10(e)(2);(d) 40 C.F.R. Part 261, Appendix IX; (e) 40 C.F.R. Part266, Appendix IX; (9) "HSWA tank," a tank owned or operated by a small quantity generator, a new undergroundtank, or a tankwhich cannotbe enteredfor inspection;
(10) "New hazardous waste management facility" or "new facility," a facility that began operation, or for which construction commenced, after November 19, 1980, for HSW A facilities, and April 8, 1984, for non-HSWAfacilities;
(11) "New tank system" or "new tank component," a tank system or component that will be used for the storage or treatment ofhazardous waste for which installation commenced after July 14, 1986, for HSWA tanks, as defined in subdivision (9) ofthis section, and June 7, 1989, for nonHSWA tanks, as defined in subdivision (12) of this section or, for the purposes of 40 C.F.R. §264.193(g)(2) (July 1, 2012) and 40 C.F.R. §265.193(g)(2) (July 1, 2012), for which construction commenced after July 14, 1986, for HSWA tanks and June 7, 1989, for non-HSWA tanks;
(12) "Non-HSWA tank," a tank which is not owned or operated by a small quantity generator and is either an existing underground tank or a tank that canbe entered for inspection;
(13) "Region," the state ofSouthDakota, atthese two sections: (a) 40 C.F.R. §261.4(e)(3); (b) 40 C.F.R. § 262.42(a)(2);
(14) "Resource Conservation and Recovery Act," "RCRA," or anyreferences to any sections ofRCRA, SDCLchapter 34A-11, the SouthDakotaHazardous Waste ManagementAct, exceptat: (a) 40 C.F.R. §260.10, the definition of"Act" or "RCRA"; (b) 40 C.F.R. Part 261, Appendix IX; (c) 40 C.F.R. Part262, Appendix; (d) 40 C.F.R. §§ 270.l(a)(2) and 270.51; (e) 40 C.F.R. § 270.2, the definition of"RCRA"; (15) "Regional administrator," the secretary ofthe Department ofEnvironment and Natural Resources or a designee, except at: (a) 40 C.F.R. § 260.l0, the definitions of "administrator," "regional administrator," and "hazardous waste constituent"; (b) 40 C.F.R. Part 261, Appendix IX; (c) 40 C.F.R. 

### §262.12 and Part262, Appendix; (d) 40 C.F.R. § 263.11; (e) 40 C.F.R. §§ 264.12(a) and 265.12(a); (t) 40 C.F.R. §270.2, the definitions of "administrator," "director," "major facility," "regional administrator," and "state/EPA agreement"; (g) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2) and (4); 270.lO(t) and (g); 270.ll(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;

### (16) "Secretary," the secretary ofthe Department ofEnvironment andNatural Resources or a designee; (17) "State," the state ofSouth Dakota, except at: (a) 40 C.F

.R. §260.10, the definitions of"person," "state," and "United States"; (b) 40 C.F.R. §§ 264.143(e)(l); 265.143(d)(l); 264.145(e)(l); 265.145(d)(l); 264.147(a)(l)(ii), (b)(l)(ii), (g)(2), and (i)(4); and 265.147(g)(2) and (i)(4); and (c) 40 C

.F.R. § 270.2, the definitions of "approved program or approved State," "director," "final authorization," "interim authorization," "person," and "state"; (18) Any reference to 40 C.F.R. § 124.15 should be replaced with§ 124.5 at the following locations:§§ 264.1030(c), 264.1050(c), 264.1080(c), and 265.1080(c); (19) "EPA Environmental Appeals Board," the SouthDakota State Circuit Court.
Source: 

### 10 SDR 106, effective April 8, 1984; 11 SDR44, effective September 30, 1984; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October24, 1993; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: 

### SDCL 34A-1l-9

. Law Implemented: 

### SDCL 34A-11-9.
74:28:21:02. General standards for a hazardous waste management system. The 

### definitions, except as specified in §74:28:21:01, references, petitions, variances, and other procedures in 40 C

.F.R. §§ 260.10 to 260.43, inclusive, (July 1, 2012), constitute the general hazardous waste management system.
Source: 

### 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: 

### SDCL 34A-ll-9. Law Implemented: 

### SDCL 34A-11-9

.74:28:21:03. Use oftermRCRA 

### §3008. The termRCRA §3008 as used inthe documents incorporatedinthis articlemeansbothRCRA §3008 and SDCLchapter34A-ll.
Source: 24 SDR 11, effectiveAugust 5, 1997. GeneralAuthority: SDCL 34A-1l-9. LawImplemented: SDCL 34A-l1-9.
CrossReference: Definitions,§ 74:28:21:01.
CHAPTER74:28:22

Section 74:28:22:01 74:28:22:02 IDENTIFICATIONAND LISTING

Identification and listing ofhazardous wastes. Repealed.

74:28:22:01. Identification and listing of hazardous wastes. Solid wastes which are subject to regulation as hazardous wastes are those identified and listed in 40 C.F.R. §§ 261.1 to 261.41, inclusive, except 40 C.F.R. §261.4(b)(16) and (17); §§ 261.140 to 261.151, inclusive, and Appendix.es I, VII, VIII, and IX (July l, 2012). 

### In addition to these wastes, polychlorinated biphenyls in concentrations of 50 parts per million and above are subject to the regulations for treatment, storage, and disposal in chapter74:28:31.
Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 16 SDR 203, effective May 27, 1990; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effectiveAugust28,2002; 30 SDR26, effective September 1, 2003; 31 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September28, 2009; 40 SDR 61, effective October 10, 2013. GeneralAuthority: SDCL 34A-11-8. LawImplemented: SDCL 34A-1l-8.

19 SDR 48, effective October 8, 1992;

CHAPTER74:28:23
STANDARDS FORGENERATORSSection 74:28:23:01 Standardsforgenerators. 74:28:23:02to 74:28:23:04 Repealed.

74:28:23:01. Standards for generators. The standards for generators ofhazardous waste are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. §262.100) and (k); §§ 262.200to 262.216, inclusive, andthe appendixto40 C.F.R. Part262 (July 1, 2012).
Source: 10 SDR 106, effective April 8, 1984; 11 SDR44, effective September 30, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 17 SDR204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56. effective October 24, 1993; 21 SDR 56, effective September 29,**19~4;** 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August· 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR26, effective September 1, 2003; 31SDR23,effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. GeneralAuthority: SDCL 34A-11-9. LawImplemented: SDCL 34A-1l-9,34A-ll-10, 34A-ll-16.

Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective Nove repealed, 13 SDR 117, effectiveMarch 1, 1987.

74:28:23:03. Extendingtheaccumulation time. Re
Source: 10 SDR 106, effective Ap · , 1984; repealed, 13 SDR 117, effective March 1, 1987.

SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective

CHAPTER74:28:24
STANDARDS FORTRANSPORTERS

Section 74:28:24:01 Standards fortransporters.74:28:24:01. Standards for transporters. 

### The standards for transporters of hazardous waste are those in40 C.F.R. §§ 263.10 to 263.31, inclusive (July 1, 2012).
Source: 

### 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR43, effective October 2, 1995; 23 SDR 64, effectiveNovember 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: 

### SDCL 34A-ll-9. Law Implemented: 

### SDCL 34A-ll-9, 34A-11-10, 34A-1l-16.

Section 74:28:25:01 74:28:25:02 74:28:25:03 74:28:25:04 74:28:25:05 CHAPTER74:28:25 TREATMENT, STORAGE,AND DISPOSAL



### Standards for hazardous waste treatment, storage, and disposal facilities. Undergroundplacement ofwaste prohibited. Assessment ofexisting tank system's integrity. Containmentand detection ofreleases from tanks. Definition ofnew and existing drip pads for certainwoodpreservingwastes.

74:28:25:01. Standards for hazardous waste treatment, storage, and disposal facilities. 

### The standards for hazardous waste treatment, storage, and disposal facilities are those in 40 C.F.R. §§ 264.1 to 264.1202, inclusive, except for 40 C.F.R. §§ 264.l(f), 264.l(g)(12), 264.18(c), 264.149, 264.150, 264.19l(a) and (c), 264.193(a), 264.301(1), 264.570(a), 264.1030(d), 264.1050(g), and 264.1080(e), (f), and (g); and Appendixes I, IV, V, VI, and IX and§§ 267.l to 267.1108, inclusive, except§ 267.7l(d) (July 1, 2012).
Source: 

### 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR43, effective October 2, 1995; 23 SDR 64, effectiveNovember 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: 

### SDCL 34A-1l-9. Law Implemented: 

### SDCL 34A-ll-9, 34A-11-10, 34A-11-12, 34A-11-16.

### Cross-Reference: Exposure information from landfills and surface impoundments, 

### §74:28:34:01.


### 74:28:25:02. Underground placement ofwaste prohibited. The placement ofany bulk or noncontainerized liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited.


### Source: 19 SDR48, effective October 8, 1992. 

### GeneralAuthority: SDCL 34A-1l-9. 

### Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-1l-14.


### 74:28:25:03. Assessment of existing tank system's integrity. For each existing tank system that does not have secondary containment meetingthe requirements of40 C.F.R. 

### §264.193 (July 1, 2012), the owner or operator must determine that the tank system is not leaking or is unfit for use.
The owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in South Dakota, in accordance with 40 C.F.R. §270

.ll(d) (July 1, 2012), that attests to the tank system's integrity by January 12, 1988, for HSWA tanks and September 14, 1990, for non-HSWA tanks.
Tank systems that store or treat materials that become hazardous wastes subsequent to July 14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct this assessment within 12 months afterthe date thatthe waste becomes ahazardous waste.
For existing tank systems or existing components, a tank system or component installation is considered to have commenced ifthe owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction ofthe site or installation ofthe tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations, which cannot be canceled ormodified without substantial loss, for physical construction ofthe site orinstallation of the tank systemto be completed within one year.


### Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September I, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. 

### GeneralAuthority: SDCL 34A-l 1-9. 

### Law Implemented: SDCL 34A-ll-12, 34A-1l-13, 34A-ll-14.


### 74:28:25:04. Containmentand detection ofreleases from tanks. To preventthe release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements ofthis chapter must be provided, except as provided in 40 C.F

.R. §264.193(f) and (g) (July 1, 2012), as follows:

### (1) For all newtank systems or components, before they are putinto service; (2) For all existingtank systems used to store ortreatEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWAtanks; (3) For those existing tank systems ofknown and documented age, within two years after January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks
or when the tank system has reached 15 years ofage, whichever comes later; (4) For those existing tank systems for which the age cannot be documented, within eight years after January 12, 1987, for HSWA tanks and within eightyears after September 14, 1989, for non-HSWA tanks; but ifthe age ofthe facility is greater than seven years, secondary containment must be provided by the time the facility reaches 15 years ofage or withintwo years after January 12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and (5) For tank systems that store or treat materials that become hazardous waste subsequent to January 12, 1987, for HSWAtanks and September 14, 1989, for non-HSWA tanks, withinthe time intervals required in subdivisions (1) to (4), inclusive, ofthis section, except that the date that a material becomes a hazardous waste must be used in place ofJanuary 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWAtanks.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-1 l-9. Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.
74:28:25:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of40 C.F.R. Part 264, Subpart W (July 1, 2012) apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface waterrunoffto an associated collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into before December 6, 1990, binding financial or other agreements for construction. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into before July 

### 7, 1992, binding financial or other agreements for construction. All other drip pads are new drip pads.

For EPA hazardous waste number F032 wastes, the requirement at40 C.F.R. 

### §264.573(b)(3) (July 1, 2012) to install a leak collection system applies only to those drip pads that are constructedafter December 24, 1992, for which the owner oroperatorhas a design and has entered into before December 24, 1992, binding financial or other agreements for construction. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. §264.573(b)(3) (July 1, 2012) to install a leak collection system applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into before September 29, 1994, bindingfinancial or other agreements for construction.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-1l-12,34A-11-13, 34A-11-14.

Section 74:28:26:01 CHAPTER74:28:26

PERMIT REQUIREMENTS

Requirements to permit a treatment, storage, or disposal facility.

74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The requirements to permit a treatment, storage, or disposal facility are those in 40 C.F

.R. §§ 270.l to 270.320, inclusive, except§§ 270.l(c)(2)(ix) and 270.14(b)(18); and Appendix I (July 1, 2012); 40 C.F.R. §§ 124.l(b), 124.2(a), 124.3(a), 124.5(a), 124.5(c), 124.6(a), (b), (d), and (e), 124.11, 124.31(b), (c), and (d), 124.32(b) and (c), 124.33(b) to (f), and 124.200 to 124.214, inclusive (all July 1, 2012); and 40 C.F.R. §§ 144.31(g)(l) to (3), inclusive (July 1, 1992). Any interestedperson may contestthe issuance ofa permitby following theprocedures in chapter74:09:01.

The requirements for a preapplicationpublic meeting and notice found in40 C.F.R. § 124.31 (July 1, 2012) apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units, to hazardous waste permit applications seeking coverage under a standardized permit under § 270 subpart J (July 1, 2012), and to hazardous waste permit applications seekingrenewal ofpermits ifthe renewal application is proposing a significant change in facility operations. A significant change to a hazardous waste permit is any change that is considered a Class 3 permit modification under 40 C.F.R. §270 (July 1, 2012). A significant change to a standardized permit is defined at§ 124

.21 l(c) (July 1, 2012). The requirements ofthis paragraph for a preapplication public meeting and notice do not apply to hazardous waste permit applications or permit modifications that are submitted for the sole purpose ofconducting postclosure activities orpost-closure activities and corrective action at a facility.

The requirements for public notice at the application stage found in 40 C.F.R. § 124.32 (July 1, 2012) apply to all hazardous waste permit applications seeking initial permits for hazardous waste management units and to applications seeking renewal ofpermits for such units under 40

### C.F.R. §270.51 (July 1, 2012). The requirements for public notice at the application stage do not apply to hazardous waste units permitted under a standardized permit under 40 C.F.R. §270 subpart J (July 1, 2012), or hazardous waste permit modifications under 40 C.F.R. §270.42 (July 1, 2012) or applications submitted for the sole purpose of conducting post-closure activities or post-closure and corrective action at afacility.
The requirement for an information repository found in 40 C.F.R. § 124.33 (July 1, 2012) applies to all applications seeking a hazardous waste permit for hazardous waste management units.
Source: 

### 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SOR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1'997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: 

### SDCL 34A-ll-9. Law Implemented: 

### SDCL 34A-11-9, 34A-11-12, 34A-11-13, 34A-11-14, 34A-11-15.
Cross-Reference: 

### Special requirements for landfills and surface impoundments, §74:28:34:01.

Section 74:28:27:01 CHAPTER 74:28:27
MANAGEMENT OF SPECIFIC HAZARDOUS WASTES



### Requirements for the management ofspecific hazardous wastes.

74:28:27:01. Requirements for the management of specific hazardous wastes. 

### The requirements for the management of specific hazardous wastes and specific types ofhazardous waste management facilities are those in 40 C.F.R. §§ 266.20 to 266.360, inclusive, and Appendixes I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, and XIII and §§ 279.1 to 279

.82, inclusive, except'40 C.F.R. §279.82(b) and (c) (July 1, 2012).
The language in 40 C.F.R. §279.82(a) "except when such activity takes place in one ofthe states listed inparagraph (c) ofthis section" is notincorporatedby reference.
Source: 

### 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effectiveSeptember 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-11-9, 34A-1l-10, 34A-1l-12.

Section 74:28:28:01 74:28:28:02 74:28:28:03 74:28:28:04 74:28:28:05 CHAPTER74:28:28
INTERIM STATUS STANDARDS FORFACILITIES

Interim status standards for treatment, storage, and disposal facilities. Underground placement ofwasteprohibited. Assessment ofexistingtank system's integrity. Containmentand detection ofreleases from tanks. Definition ofnewand existing drip padsfor certainwoodpreserving wastes

.

74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. The interim status standards for hazardous waste treatment, storage, and disposal facilities are those in 40 C.F.R. § 144.l(h); §§ 265.1 to 265.1202, inclusive, except 40 C.F.R. §§ 265.l(c)(4), 265.l(c)(l5), 265.18, 265.149, 265.150, 265.191(a) and (c), 265.193(a), 265.440(a), 265.1030(c), 265.1050(£), and 265.1080(e), (f), and (g); and Appendixes I, III, IV, V, and VI (July 1, 2012).
Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-1 l-9, 34A-11-10, 34A-11-12, 34A-l1-16.
Cross-Reference: Special requirements for landfills and surface impoundments, §74:28:34:01.
74:28:28:02. Underground placement of waste prohibited. The placement of any hazardous waste in an interim status facility that is also a salt dome, salt bed formation, underground mine or cave is prohibited.Source: 19 SDR48, effective October 8, 1992. GeneralAuthority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-ll-13, 34A-ll-14.

74:28:28:03. Assessment of existing tank system's integrity. For each tank system that does not have secondary containment meeting the requirements of40 C.F.R. § 265.193 (July 1, 2012), the owner or operator must determine thatthetank system is not leaking oris unfitforuse.
The owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in South Dakota in accordance with 40 C.F.R. §270.1 l(d) (July 1, 2012), that attests to the tank system's integrity by January 12, 1988, for HSWA tanks and September 14, 1990, for non-HSWA tanks.

Tank systems that store or treat materials that become hazardous wastes subsequent to July 14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct this assessmentwithin 12 months afterthe date thatthe wastes become ahazardous waste.
Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. GeneralAuthority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-9, 34-11-10, 34A-ll-12, 34A-1l-16.

74:28:28:04. Containmentand detection ofreleases from tanks. To preventthe release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements ofthis chapter must be provided, except as provided in 40 C.F.R. § 265.193(f) and (g) (July 1, 2012) as follows: (1) For all newtank systems or components, before they are putinto service; (2) For all existingtank systems usedto store ortreatEPA Hazardous WasteNumbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWAtanks and two years after September 14, 1989, for non-HSWAtanks; (3) For those existing tank systems ofknown or documented age, within tWo years after January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks
or whenthe tank system has reached 15 years ofage, whichevercomes later; (4) For those existing tank systems for which the age cannot be documented, within eight years after January 12, 1987, for HSWAtanks and within eightyears after September 14, 1989, for non-HSWA tanks; but ifthe age ofthe facility is greater than seven years, secondary containment must be provided by the time the facility reaches 15 years ofage or within two years after January12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and (5) Fortank systems that store ortreat materials that become hazardous waste subsequentto January 12, 1987, for HSWAtanks and September 14, 1989, for non-HSWAtanks, withinthe time interval required in subdivisions (1) to (4), inclusive, ofthis section, except that the date that a material becomes hazardous waste mustbe used inplace ofJanuary 12, 1987, for HSWAtanks and September 14, 1989, for non-HSWAtanks.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-11-9, 34A-1l-10, 34A-11-12, 34A-11-16.
74:28:28:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of40 C

.F.R. Part 265, Subpart W (July 1, 2012) apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface waterrunoffto an associated collection system.
For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into before July 7, 1992, binding financial or other agreements for construction. All other drip pads are new drip pads.

For EPA hazardous waste numberF032 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) (July 1, 2012) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into before December 24, 1992,binding financial agreements for construction. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) (July 1, 2012) to install a leak collection system applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into before September 29, 1994, binding financial or other agreements for construction.
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-1 l-9. Law Implemented: SDCL 34A-1l-9, 34A-11-10, 34A-11-12, 34A-11-16.CHAPTER74:28:29
INTERIM STATUS FOREXISTING SURFACE IMPOUNDMENTS

Section 74:28:29:01 Interim status for existing surface impoundments.

74:28:29:01 Interim status for existing surface impoundments. Surface impoundments in existence onNovember 8, 1984, orwhich become subjectto the requirements in§ 3005(j)(6)(A) or (B) ofthe Resource Conservation and Recovery Act as amended through January 1, 1989, must comply with the double liner, leachate collection, and groundwater requirements applicable to new units by November 8, 1988, orby the date specified in § 3005(j)(6)(A) or (B) ormust stop treating, receiving, or storing hazardous waste unless the surface impoundment qualifies for a special exemption specified in §30050). These surface impoundments must comply 

### with all applicable regulations under chapter 74:28:28.
Source: 15 SDR 177, effective June 1, 1989. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-1l-9, 34A-11-10, 34A-11-12, 34A-11-16.

Section 74:28:30:01 CHAPTER74:28:30
LAND DISPOSAL RESTRICTIONS

Land disposal restrictions.

74:28:30:01. Land disposal restrictions. The requirements for hazardous wastes that are restricted from land disposal are those in 40 C.F.R. §§ 268.1 to 268.4, inclusive; 40 C.F.R. §§ 268.7 to 268.50, inclusive, except 40 C.F.R. §§ 268.10, 268.11, 268.12, 268.13, 268.42(b) and 268.44; and Appendixes III, IV, VI, VII, VIII, IX, andXI (July 1, 2012).
Source: 16 SDR44, effective September 14, 1989; 17 SDR204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-1l-9, 34A-ll-10, 34A-11-12, 34A-11-16.POLYCHLORINATEDBIPHENYL (Deleted)

At the request ofthe Department ofEnvironment and Na Resources, the Legislative Research Council has deleted Chapter 74:28:31, Polychlo · ed Biphenyl, effective April 15, 2013, pursuant to SDCL 1-26-8.1 and 1-26A-l. The ority to promulgate a rule related to Polychlorinated Biphenyl was repealed by SL 20 , ch 215, § 32, thus the rules are deemed obsoletebyoperation oflaw.

TOXIC CLEANUP DAY (Executed)



### 1tor's Note: The Legislative Research Council deleted the rules in this chapter as e cuted provisions following the report to the Legislature in January, 1992, required by the

Section 74:28:33:01 CHAPTER74:28:33

MANAGEMENT OFUNIVERSALHAZARDOUSWASTE

Managementofuniversalhazardous waste.

74:28:33:01. 

### Management of

### universal hazardous waste. The standards for management ofuniversalhazardous waste arethose in40 C.F.R. §§ 273.1 to 273.81, inclusive (July 1, 2012).


### Source: 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effectiveAugust 28, 2002; 30 SDR26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR61, effective October 10, 2013. 

### GeneralAuthority: SDCL 34A-l1-9. 

### LawImplemented: SDCL 34A-11-9, 34A-ll-10, 34A-11-16.

CHAPTER74:28:34

SPECIALREQUIREMENTSFORLA..""*DFILLS AND SURFACEIMPOUNDMENTS

### State ofSouthDakota ) ) 

## Certification County ofHughes )

I, Doug Decker, Code Counsel of the State of South Dakota, do hereby certifythatthe enclosed copy ofARSD 74:36:

### 11:01 is atrue and correct copy.

Signedthis 

### 18th day ofSeptember, 

### 2015.

SouthDakota Code CounselCurrentRegister Page 1ofl



# ..

, ...

# ,

74:36:11:01. Stack performance testing or other testing methods. 

### All stackperformance tests or other test methods must be made in accordance with the applicable method specified in 

### 40 C.F.R. §

### 60.17; Part 60, Appendix A; §63.14; Part 63, Appendix A; and Part 51, Appendix M (all July l, 2012).
Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 

### 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:01, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effectiveNovember 24, 1987; 16 SDR 88, effectiveNovember 14, 1989; 17 SDR 170, effectiveMay 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR207, effectiveJune 28, 2010; 39 SDR219, effective June 25, 2013. GeneralAuthority: 

### SDCL 34A-1-6, 34A-1-12

. LawImplemented: 

### SDCL 34A-1-12.

L.u.-

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