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 HAZARDOUS WASTE MANAGEMENT PROGRAM

February 2016

Section Description 

Administrative Rules of South Dakota, Article 74:28, Hazardous Waste, 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 B 266.360 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 HAZARDOUS WASTE 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 Obsolete Rules (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 for 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 a Gasification 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 of South Dakota ) 

) Certification 

County of Hughes ) 

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

certify that the enclosed copy of ARSD 74:28 is a true and correct copy. 

Signed this 26th day of August, 2014. 

~~ Doug Decker 

South Dakota Code Counsel 
Section 

74:28:21:01 

74:28:21:02 

74:28:21:03 

CHAPTER ?4:28:18 

REQUIREMENTS FOR TREATMENT FACILI 

(Repealed. 10 SDR 106, effective April 8, 1 ti) 

REQUIREMENTS FOR ERGROUND INJECTION 

(Repealed. 10 106, effective April 8, 1984) 

CHAPTER 74:28:20 

CHAPTER 74:28:21 

ADMINISTRATION 

Definitions. 

General standards for a hazardous waste management system. 

Use of term RCRA § 3008. 

74:28:21:01. Definitions. Terms used in the federal rules which are adopted by reference in 

this article have the following meanings. All references in this article to federal regulations are 

those revised as of July 1, 2012, unless otherwise specified: 

(I) 11Administrator, 11 the secretary of the Department of Environment and Natural Resources 

or a designee, except at: · 

{a) 40 C.F.R. § 260.10, the definitions of "administrator," "regional administrator,'' and 

"hazardous waste constituent"; 

(b) 40 C.F.R. Part 261, Appendix IX; 

(c) 40 C.F.R. §§ 262.55; 262.56(a); 262.56(b); and Part 262, 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," 11 regional administrator," and "state/EPA agreement11 ; 

(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 of the Department of Environment and Natural Resources or a 

designee; 

(3) "EPA, 11 the state Department of Environment and Natural Resources, except for: 

(a) Any references to "EPA identification numbers," "EPA forms," "EPA hazardous 

waste numbers," "EPA test methods," "EPA publications," "EPA manuals," "EPA guidance," or 

"EPA Acknowledgment of Consent"; 

(b) Any reference to EPA in the 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. Part 261, 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 Part 262, 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); 270.1 l(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.l l(a); 

(4) "EPA hazardous waste number," the number assigned by the secretary to each hazardous 

waste; 

(5) "EPA identification number," the number assigned by the secretary to each generator, 

transporter, and treatment, storage, or disposal 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, or before April 8, 1984, for non-HSW A facilities; 

(7) "Existing tank system" or "existing component," a tank system or component that is used 

for the storage or treatment of hazardous 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) of this 

section, or June 7, 1989, for non-HSWA tanks, as defined in subdivision (12) of this section; 

(8) "Federal Register," a newspaper of general circulation in the state of South Dakota, 

except at: 

(a) 40 C.F.R. § 260.l l(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. Part 266, Appendix IX; 

(9) "HSWA tank," a tank owned or operated by a small quantity generator, a new 

underground tank, or a tank which cannot be entered for 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-HSWA facilities; 

(11) "New tank system" or "new tank component," a tank system or component that will be 

used for the storage or treatment of hazardous waste for which installation commenced after July 

14, 1986, for HSW A tanks, as defined in subdivision (9) of this section, and June 7, 1989, for nonHSW A 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 can be entered for inspection; 

(13) "Region," the state of South Dakota, at these 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 any references to any sections 

ofRCRA, SDCL chapter 34A-11, the South Dakota Hazardous Waste Management Act, except at: 

(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. Part 262, 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 of the Department of Environment and Natural 

Resources or a designee, except at: 

(a) 40 C.F.R. § 260.l 0, 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 Part 262, 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.l l(a)(3); 

270.14(b )(20); 270.32(b )(2); and 270.51; 
(16) "Secretary," the secretary of the Department of Environment and Natural Resources or a 

designee; 

(17) "State," the state of South 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 South Dakota State Circuit Court. 

Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, 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 SDR 48, effective October 

8, 1992; 20 SDR 56, effective October 24, 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-1 l-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 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 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-l l-9. 

Law Implemented: SDCL 34A-11-9. 
74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents 

incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-l l. 

Source: 24 SDR 11, effective August 5, 1997. 

General Authority: SDCL 34A-1 l-9. 

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

Cross Reference: Definitions,§ 74:28:21:01. 

CHAPTER 74:28:22 

Section 

74:28:22:01 

74:28:22:02 

IDENTIFICATION AND LISTING 

Identification and listing of hazardous 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 chapter 74:28:31. 

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 SDR 44, 

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 

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; 40 SDR 61, effective October 10, 2013. 

General Authority: SDCL 34A-11-8. 

Law Implemented: SDCL 34A-1 l-8. 

19 SDR 48, effective October 8, 1992; 

CHAPTER 74:28:23 

STANDARDS FOR GENERATORS 
Section 

74:28:23:01 Standards for generators. 

74:28:23:02 to 74:28:23:04 Repealed. 

74:28:23:01. Standards for generators. The standards for generators of hazardous waste 

are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. § 262.100) and (k); 

§§ 262.200 to 262.216, inclusive, and the appendix to 40 C.F.R. Part 262 (July 1, 2012). 

Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, 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 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, 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 

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-1l-9,34A-l l-10, 34A-l l-16. 

Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective Nove 

repealed, 13 SDR 117, effective March 1, 1987. 

74:28:23:03. Extending the accumulation 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 

CHAPTER 74:28:24 

STANDARDS FOR TRANSPORTERS 

Section 

74:28:24:01 Standards for transporters. 
74:28:24:01. Standards for transporters. The standards for transporters of hazardous 

waste are those in 40 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 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, 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-l l-9. 

Law Implemented: SDCL 34A-l l-9, 34A-11-10, 34A-1 l-16. 

Section 

74:28:25:01 

74:28:25:02 

74:28:25:03 

74:28:25:04 

74:28:25:05 

CHAPTER 74:28:25 

TREATMENT, STORAGE, AND DISPOSAL 

Standards for hazardous waste treatment, storage, and disposal facilities. 

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

Definition of new and existing drip pads for certain wood preserving wastes. 

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 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, 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-l l-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 of waste prohibited. The placement of any bulk or 

noncontainerized liquid hazardous waste in any salt dome formation, salt bed formation, 

underground mine, or cave is prohibited. 

Source: 19 SDR 48, effective October 8, 1992. 

General Authority: SDCL 34A-1 l-9. 

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

74:28:25:03. Assessment of existing tank system's integrity. For each existing tank 

system that does not have secondary containment meeting the requirements of 40 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 after the date that the waste becomes a hazardous waste. 

For existing tank systems or existing components, a tank system or component installation is 

considered to have commenced if the owner or operator has obtained all federal, state, and local 

approvals or permits necessary to begin physical construction of the site or installation of the 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 or modified without substantial loss, for physical construction of the site or installation of 

the tank system to 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. 

General Authority: SDCL 34A-l 1-9. 

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

74:28:25:04. Containment and detection of releases from tanks. To prevent the release of 

hazardous waste or hazardous constituents to the environment, secondary containment that meets 

the requirements of this 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 new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA 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-HSWA tanks; 

(3) For those existing tank systems of known 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 of age, 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 eight years after September 14, 1989, for 

non-HS WA tanks; but if the age of the facility is greater than seven years, secondary containment 

must be provided by the time the facility reaches 15 years of age or within two 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 HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

intervals required in subdivisions (1) to (4), inclusive, of this section, except that the date that a 

material becomes a hazardous waste must be used in place of January 12, 1987, for HSWA tanks 

and September 14, 1989, for non-HSWA tanks. 

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 of 40 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 water runoff to 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 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 December 24, 1992, for which the owner or operator has 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, 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; 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-1l-12,34A-11-13, 34A-11-14. 

Section 

74:28:26:01 

CHAPTER 74:28:26 

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 interested person 

may contest the issuance of a permit by following the procedures in chapter 74:09:01. 

The requirements for a preapplication public meeting and notice found in 40 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 seeking renewal of permits if the 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 of this 

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 of conducting postclosure activities or post-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 of permits 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 a facility. 

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 

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-l l-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 of specific 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 of hazardous 

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 of the 

states listed in paragraph (c) of this section" is not incorporated by reference. 

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 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 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-11-9, 34A-1 l-10, 34A-1 l-12. 

Section 

74:28:28:01 

74:28:28:02 

74:28:28:03 

74:28:28:04 

74:28:28:05 

CHAPTER 74:28:28 

INTERIM STATUS STANDARDS FOR FACILITIES 

Interim status standards for treatment, storage, and disposal facilities. 

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

Definition of new and existing drip pads for certain wood preserving 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 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, 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-l 1-16. 

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 SDR 48, effective October 8, 1992. 

General Authority: SDCL 34A-l l-9. 

Law Implemented: SDCL 34A-l l-12, 34A-l l-13, 34A-l l-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 of 40 C.F.R. § 265.193 (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. § 270.1 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 assessment within 12 months after the date that the wastes become a hazardous 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 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-l l-9. 

Law Implemented: SDCL 34A-l l-9, 34-11-10, 34A-l l-12, 34A-1 l-16. 

74:28:28:04. Containment and detection of releases from tanks. To prevent the release of 

hazardous waste or hazardous constituents to the environment, secondary containment that meets 

the requirements of this 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 new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA 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-HSWA tanks; 

(3) For those existing tank systems of known 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 when the tank system has reached 15 years of age, 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 eight years after September 14, 1989, for 

non-HS WA tanks; but if the age of the facility is greater than seven years, secondary containment 

must be provided by the time the facility reaches 15 years of age or within two 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 HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

interval required in subdivisions (1) to (4), inclusive, of this section, except that the date that a 

material becomes hazardous waste must be used in place of January 12, 1987, for HSWA tanks and 

September 14, 1989, for non-HSWA tanks. 

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-1 l-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 of 40 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 water runoff to 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 F03 5 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 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-1 l-9, 34A-11-10, 34A-11-12, 34A-11-16. 
CHAPTER 74:28:29 

INTERIM STATUS FOR EXISTING 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 on November 8, 1984, or which become subject to the requirements in§ 3005(j)(6)(A) or 

(B) of the 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, or by the date specified in § 3005(j)(6)(A) or (B) or must 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-1 l-9, 34A-11-10, 34A-11-12, 34A-11-16. 

Section 

74:28:30:01 

CHAPTER 74:28:30 

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, and XI (July 1, 2012). 

Source: 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, 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-l l-10, 34A-11-12, 34A-11-16. 
POLYCHLORINATEDBIPHENYL 

(Deleted) 

At the request of the Department of Environment 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 

obsolete by operation 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 

CHAPTER 74:28:33 

MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE 

Management of universal hazardous waste. 

74:28:33:01. Management of universal hazardous waste. The standards for management 

of universal hazardous waste are those in 40 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 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-l 1-9. 

Law Implemented: SDCL 34A-11-9, 34A-l l-10, 34A-11-16. 

CHAPTER 74:28:34 

SPECIAL REQUIREMENTS FOR LA..""*DFILLS AND SURFACE IMPOUNDMENTS 
State of South Dakota ) 

) Certification 

County of Hughes ) 

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

certify that the enclosed copy of ARSD 74:36: 11 :01 is a true and correct copy. 

Signed this 18th day of September, 2015. 

South Dakota Code Counsel 
Current Register Page 1 ofl 

.. ,... , 

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

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 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 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

L.u.-. fn ....... : .. .. .a ......... m •• 1 .... m_:_. "_n .. 1 ... ..... _ •• .,n .. 1 ... -"7A .'J£. 11 .n1 no11 Rnn1"