## Attachment4

# South Dakota Hazardous Waste Rules ARSD 74:28 Effective September28, 2009Chapter 74:28:01 74:28:02 74:28:03 74:28:04 74:28:05 74:28:06 74:28:07 74:28:08 74:28:09 74:28:10 74:28:11 74:28:12 74:28:13 74:28:14 74:28:15 74:28:16 74:28:17 74:28:18 74:28:19 74:28:20 74:28:21 74:28:22 74:28:23 74:28:24 74:28:25 74:28:26 74:28:27 74:28:28 74:28:29 74:28:30 74:28:31 74:28:32 74:28:33 74:28:34 ARTICLE 74:28 HAZARDOUS WASTE

Administration, Repealed. Identification and listing ofhazardouswaste, Repealed. Standardsfor generators, Repealed. Standards for transporters, Repealed. General requirements for TSO facilities, Repealed. Manifestsystem for TSO facilities, Repealed. Records andreports forTSOfacilities, Repealed. Groundwatermonitoring for TSD facilities, Repealed. TSD facility closure, Repealed. Containerrequirements, Repealed. Requirements for tanks, Repealed. Requirements for surface impoundments, Repealed. Requirements forhazardous wastepiles, Repealed. Land treatmentrequirements, Repealed. Requirements for landfills, Repealed. Requirements for incinerators, Repealed. Requirements for thermal treatment, Repealed. Requirements for treatmentfacilities, Repealed. Requirements for underground injection, Repealed. Waste explosive disposal, Repealed. Administration. Identificationand listing. Standards for generators. Standards for transporters. Treatment, storage, anddisposal. Permitrequirements. Managementofspecific hazardous wastes. Interim status standards for facilities. Interim status for existing surface impoundments. Land disposal restrictions. Polychlorinatedbiphenyl, Deleted. Toxiccleanup day, Executed. Management ofuniversalhazardous waste. Specialrequirements for landfills and surfaceimpoundments.

CHAPTER74:28:01 ADMINISTRATION (Repealed. 10 SDR 106, effective April 8, 1984)

### CHAPTER74:28:02 IDENTIFICATION AND LISTINGOFHAZARDOUS WASTE (Repealed. IO SDR 106, effective April 8, 1984)



### CHAPTER74:28:03 STANDARDS FORGENERATORS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:04 STANDARDS FORTRANSPORTERS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:05 GENERALREQUIREMENTS FORTSDFACILITIES (Repealed. I0 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:06 MANIFEST SYSTEMFORTSD FACILITIES

(Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:07 RECORDSAND REPORTSFORTSD FACILITIES (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:08 GROUNDWATERMONITORINGFORTSD FACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:09 TSD FACILITYCLOSURE (Repealed. 10 SDR 106, effective April 8, 1984)

### CHAPTER74:28:10 CONTAINERREQUIREMENTS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:11 REQUIREMENTSFORTANKS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:12 REQUIREMENTSFORSURFACEIMPOUNDMENTS (Repealed. 10 SDR I06, effective April 8, 1984)



### CHAPTER74:28:13 REQUIREMENTSFORHAZARDOUSWASTEPILES (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:14 LAND TREATMENTREQUIREMENTS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:15 REQUIREMENTSFORLANDFILLS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:16 REQUIREMENTS FORINCINERATORS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:17 REQUIREMENTSFORTHERMALTREATMENT (Repealed. 10 SDR 106, effective April 8, 1984)Section 74:28:21:01 74:28:21:02 74:28:21:03 CHAPTER74:28:18 REQUIREMENTS FORTREATMENTFACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER 74:28:19 REQUIREMENTS FORUNDERGROUND IN.JECTION (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:20 WASTEEXPLOSIVEDISPOSAL (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:21 ADMINISTRATION

Definitions. General standards for a hazardous wastemanagement system. Use ofterm 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 to federal regulations are those revised as ofJuly I, 2008, unless otherwise specified: (1) "Administrator," the secretary ofthe Department ofEnvironment and Natural Resources ora designee, exceptat: (a) 40 C.F.R. 

### §260.10, the definitions of "administrator," "regional administrator," and "hazardouswaste constituent"; (b) 40C.F.R. Part 261, Appendix IX; (c) 40C.F.R. §§ 262.55; 262.56(a); 262.56(b); andPart262, Appendix; (d) 40C.F.R. §§ 264.12(a) and 265.12(a); (e) 40C.F.R. 

### §268.40(b); (f) 40 C.F.R. 

### §270.2, the definitions of "administrator," "director," "major facility," "regional administrator," and "state/EPAagreement"; (g) 40 C.F.R. §§ 270.3; 270.5; 270.JO(e)(2) and (4); 270.lO(f) and (g); 270.1J(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," the state DepartmentofEnvironment 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 "EPA Aclmowledgment ofConsent"; (b) Anyreference to EPA inthe following regulations: (i) 40 C.F.R. §260.l0, 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. §§ 262.32(b); 262.51; 262.53(a); 262.53(c) to 262.53(£), 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); (vi) 40 C.F.R. §§ 270.l(a)(l); 270.l(b); 270.3; 270.5; 270.10(e)(2); 270.ll(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.l083(c)(4)(ii); (x) 40 C.F.R. 

### §260.ll(a)(ll); (4) "EPAhazardous waste number," the numberassigned bythe secretaryto each hazardous waste; (5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, ordisposal facility; (6) "Existingtank system" or "existing component," a tank systemorcomponentthat 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 (8) of this section, orJune 7, 1989, for non-HSWAtanks, as defined in subdivision(10) ofthis section; (7) "Federal Register," a newspaper of general circulation in the state of South Dakota, except at: (a) 40 C.F.R. §260.ll(b); (b) 40 C.F.R. § 270.6(b); (c) 40 C.F.R. § 270.10(e)(2); (d) 40 C.F.R. Part261, Appendix X; (e) 40 C.F.R. Part266, Appendices IX and X;(8) "HSWA tank," a tank owned or operated by a small quantity generator, a new underground tank, oratankwhich cannotbe entered for inspection; (9) "New tank system" or "newtank 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 (8) ofthis section, and June 7, 1989,for nonHSWA tanks, as defined in subdivision (I0) of this section or, for the purposes of40 C.F.R. §264.193(g)(2) (July 1, 2008) and 40 C.F.R. § 265.193(g)(2) (July 1, 2008), for which construction commenced after July 14, 1986, for HSWA tanks and June 7, 1989, for non-HSWA tanks;(10) "Non-HSWA tank," a tank which is not owned or operated by a small quantity generatorand iseitheran existing undergroundtank or atank that can beentered for inspection; (11) "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); (12) "Resource Conservation and RecoveryAct," "RCRA," oranyreferences to any sections ofRCRA, SDCL chapter 34A-ll,the SouthDakotaHazardous WasteManagementAct, except at: (a) 40 C.F.R. 

### §260.10,thedefinitionof"Act" or "RCRA"; (b) 40 C.F.R. Part261, 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 definitionof"RCRA"; (13) "Regional administrator," the secretary ofthe Depaitment ofEnvironment and Natural Resources or a designee, exceptat: (a) 40 C.F.R. § 260.10, the definitions of "administrator," "regional administrator," and "hazardous waste constituent"; (b) 40 C.F.R. Pait261, Appendix IX; (c) 40 C.F.R. §262.12 andPart 262, Appendix; (d) 40 C.F.R. 

### §263.11; (e) 40 C.F.R. §§ 264.12(a) and 265.12(a); (f) 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.!0(e)(2) and (4); 270.!0(f) and (g); 270.ll(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51; (14) "Secretary," the secretaryofthe DepartmentofEnvironment andNatural Resources ora designee; (15) "State," the state ofSouthDakota, except at: (a) 40 C.F.R. 

### §260.I0, 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 autl1orization," 11person/1 and "state"; (16) Anyreference to 40 C.F.R. 

### § 124.15 should be replaced with§ 124.5 at the following locations:§§ 264.1030(c), 264.JOSO(c), 264.1080(c), and 265.1080(c); (17) "EPA Environmental Appeals Board," the SouthDakota State CircuitCourt. Source: 10 SDR 106, effective April 8, 1984; 11SDR44, effective September 30, 1984; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SOR 72, effective November 24, 1987; 17 SDR 204, effective July I0, 1991; 19 SDR48, effectiveOctober 8, 1992; 20 SDR56, effective October24, 1993; 24 SDR 11, effective August 5, 1997; 26 SOR 26, effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SOR 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 SOR 44, effective September 28, 2009. GeneralAuthority: SDCL 34A-1 l-9. Law Implemented: SDCL 34A-1 l-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 260.41, inclusive, and Appendix I, (July 1, 2008), 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 SDR44, effective September 14, 1989; 17 SDR204, effective July 10, 1991; 19 SOR48, 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 SOR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, 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 SOR 44, effective September28, 2009. General Authority: SDCL 34A-l1-9. LawImplemented: SDCL 34A-11-9. 74:28:21:03. Use ofterm RCRA 

### §3008. The term RCRA 

### §3008 as used in the documents incorporatedinthis article means both RCRA § 3008 and SDCL chapter34A-1 l. Source: 24 SDR 11, effective August 5, 1997. GeneralAuthority: SDCL 34A-11-9. Law Implemented: SDCL 34A-11-9. Cross Reference: Definitions,§ 74:28:21:01. CHAPTER74:28:22Section 74:28:22:01 74:28:22:02 IDENTIFICATION AND LISTING

Identification and listingofhazardous 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 (18); and Appendixes I, VII, VIII, and IX (July I, 2008). In addition to these wastes, polychlorinated biphenyls in concentrations of50 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, effectiveNovember 11, 1985; 13 SDR 117, effective March!, 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 SDR21, effectiveAugust 28, 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. General Authority: SDCL 34A-ll-8. Law Implemented: SDCL 34A-ll-8. 74:28:22:02. Exclusionfor petroleum-contaminated media and debris. Repealed. Source: 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; repealed, 29 SDR21, effectiveAugust 28, 2002. CHAPTER74:28:23 STANDARDS FORGENERATORS

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 ofhazardous waste are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. §262.IO(j); and the appendix to 40 C.F.R. Part 262 (July 1, 2008).Source: 10 SDR 106, effective April 8, 1984; 11SDR44, effective September 30, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117, effective March I, 1987; 13 SDR 129, 13 SDR 141, effective July I, 1987; 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 August28, 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. GeneralAuthority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-9, 34A-ll-10, 34A-ll-16. 74:28:23:02. Accumulation time. Repealed. Source: 

### IO SDR 106, effective April 8, 1984; 12 SDR 79, effective November 

### 11, 1985; repealed, 13 SDR 117, effective March I, 1987. 74:28:23:03. Extendingthe accumulation time. Repealed. Source: 10 SDR 106, effective April 8, 1984; repealed, 13 SDR 117, effective March 1, 1987.74:28:23:04. Manifest requirements. Repealed. Source: 11 SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective November 11, 1985.

Section 74:28:24:01 CHAPTER74:28:24 STANDARDS FORTRANSPORTERS

Standards for transporters.

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 I,2008). Source: 

### IO SDR 106, effective April 8, 1984; 12 SDR 79, effectiveNovember 11, 1985; 13 SDR 117,effective March 1, 1987; 13SDR129, 13SDR141, effective July 1, 1987; 16SDR44, 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 October2, 1995; 23 SDR 64, effectiveNovember 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR26, 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, effectiveSeptember 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009.General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-ll-9, 34A-l1-10, 34A-l 1-16.

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 hazardouswaste treatment, storage, and disposal facilities. Underground placementofwasteprohibited. Assessmentofexistingtank system's integrity. Containment and detectionofreleases fromtanks. Definitionofnewand existingdrip padsfor certain wood preservingwastes.

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)(l2), 264.18(c), 264.149, 264.150, 264.!9l(a) and (c), 264.193(a), 264.301(1), 264.570(a), 264.1030(d), 264.l050(g), and 264.1080(e), (f), and (g); and Appendixes I, IV, V, VI, and IX and 

### §§ 267.1 to 267.1108, inclusive, except§ 267.71(d) (all July 1, 2008). Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117,effectiveMarch I, 1987; 13SOR129, 13SOR141,effectiveJuly 1, 1987; 16SOR44, effective September 14, 1989; 17 SOR 204, effective July 10, 1991; 19 SOR48, effectiveOctober 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SOR 56, effective September 29, 1994; 22 SDR43, effective October2, 1995; 23 SDR 64, effective November 5, 1996; 24 SOR 11, effective August 5, 1997; 26 SOR26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SOR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SOR 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 SOR 44, effective September28, 2009. GeneralAuthority: SDCL34A-l 1-9. Law Implemented: SDCL 34A-1l-9,34A-ll-10, 34A-l 1-12, 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, undergroundmine, orcave isprohibited. Source: 19 SDR48, effective October 8, 1992. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-11-13, 34A-ll-14.

### 74:28:25:03. Assessment of existing tank system's integrity. For each ex1stmg tank system that does nothave secondary containment meetingthe requirements of40 C.F.R. §264.193 (July 1, 2008), the owner oroperator must determine thatthe tank system is not leaking oris 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. §270.11(d) (Jnly 1, 2008), 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 12months after the date thatthe wastebecomes ahazardous waste. Forexisting tank systems orexisting components, a tank system or component installation is considered to have commenced ifthe owner or operator has obtained all federal, state, and local approvals orpermits 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 siteorinstallation of thetank system to be completed withinone 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 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. 

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

### Law Implemented: SDCL 34A-ll-12, 34A-ll-13, 34A-l1-14. 

### 74:28:25:04. Containment and detection ofreleases from tanks. To preventtherelease 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(£) and (g) (July 1, 2008), as follows: (1) Forall newtank systems orcomponents, beforethey are putinto service; (2) Forall existingtank systemsusedto 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, fornon-HSWA tanks; (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 orwhenthe 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 HSWA tanks and within eight years after September 14, 1989, for non-HSWA tanks; but ifthe age ofthe facility is greaterthan seven years, secondary containment must beprovided by the time the facility reaches 15 years ofage orwithintwo years afterJanuary 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 ortreat materials thatbecome hazardous waste subsequent to January 12, 1987,for HSWAtanks and September 14, 1989, for non-HSWAtanks, 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 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September28, 2009. GeneralAuthority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-1l-12,34A-l1-13, 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 I, 2008) apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, orsurface waterrunoffto an associatedcollection 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 drippads. ForEPA hazardous waste numberF032 wastes, therequirement at 40 C.F.R. §264.573(b)(3) (July 1, 2008) to install aleak collection system applies onlyto those drip padsthat are constructed after December 24, 1992, for whichthe owner or operatorhas 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 at40 C.F.R. 

### §264.573(b)(3) (July 1, 2008) 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 September29, 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 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September28, 2009.General Authority: SDCL 34A-l 1-9. Law Implemented: SDCL 34A-1l-12, 34A-l 1-13, 34A-11-14.

Section 74:28:26:01 CHAPTER74:28:26 PERMIT REQUIREMENTS

Requirementstopermitatreatment, storage, ordisposal 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)(l8); and Appendix I (July 1, 2008); 40 C.F.R. §§ 124.l(b), 124.2(a), 124.3(a), 124.5(a), l24.5(c), 124.6(a), (b), and (d), 124.11, 124.31(b), (c), and (d), l24.32(b) and (c), 124.33(b) to (f), and 124.200 to 124.214, inclusive (all July 1, 2008); and 40 C.F.R. §§ 144.31(g)(l) to (3), inclusive (July 1, 1992). Any interested person may contestthe issuance ofapermitbyfollowing the procedures inchapter 74:09:01. The requirements for a preapplication public meeting and notice found in40 C.F.R. 

### § 124.31 (July I, 2008) 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, 2008), and to hazardous waste permit applications seekingrenewal ofpermits ifthe renewal application isproposing a significantchange 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 I, 2008). A significant change to a standardizedpermit is defined at§ 124.21l(c) (July 1, 2008). 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 postclosureactivities 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, 2008) 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, 2008). 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, 2008), or hazardous waste pennit modifications under 40 C.F.R. 

### §270.42 (July 1, 2008) or applications submitted for the sole purpose of conducting post-closure activities or post-closure and correctiveaction at a facility. The requirement for an information repository found in 40 C.F.R. 

### § 124.33 (July 

### 1, 2008) applies to all applications seeking a hazardous waste permit for hazardous waste management units. Source: 10 SDR 106, effective April 8, 1984; 12 SDR79, effective November 11, 1985; 13 SDR 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, effectiveJuly 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 SDR26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effective August28, 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. GeneralAuthority: SDCL 34A-l1-9. LawImplemented: SDCL 34A-1l-9,34A-11-12,34A-11-13, 34A-l 1-14, 34A-ll-!5. Cross-Reference: Special requirements for landfills and SlU"face impoundments, 

### §74:28:34:01.

Section 74:28:27:01 CHAPTER74:28:27 MANAGEMENT OFSPECIFIC HAZARDOUSWASTES

Requirements for the management ofspecific hazardous wastes.

74:28:27:01. Requirements for the management of specific hazardons 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.l to 279.82, inclusive, except40 C.F.R. §279.82(b) and (c) (all July 1, 2008). The language in 40 C.F.R. §279.82(a) "except when such activity takes place in one ofthe states listed in paragraph (c) ofthis section" is notincorporated by reference. Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July I, 1987; 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 SDR24, effective August29, 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 September28, 2009. GeneralAuthority: SDCL 34A-11-9. LawImplemented: SDCL 34A-1l-9,34A-1l-10,34A-l1-12. CHAPTER74:28:28
INTERIMSTATUS STANDARDSFORFACILITIESSection 74:28:28:01 74:28:28:02 74:28:28:03 74:28:28:04 74:28:28:05 Interim status standards for treatment, storage, and disposal facilities. Undergroundplacement ofwasteprohibited. Assessment ofexistingtank system's integrity. Containment anddetection ofreleases from tanks. Definitionofnewand existingdrippads for certainwood preservingwastes.



### 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.l to 265.1202, inclusive, except 40 C.F.R. §§ 265.l(c)(4), 265.l(c)(lS), 265.18, 265.149, 265.150, 265.19l(a) and (c), 265.193(a), 265.440(a), 265.1030(c), 265.1050(f), and 265.1080(e), (f), and (g); andAppendixesI, III, IV, V, andVI (July 1, 2008). 

### 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, effectiveJuly I0, 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 August29, 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 September28, 2009. 

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

### Law Implemented: SDCL 34A-11-9, 34A-ll-IO, 34A-ll-12, 34A-ll-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, undergroundmine orcave isprohibited. 

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

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

### Law Implemented: SDCL 34A-ll-12, 34A-1l-13, 34A-1l-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 I, 2008), the owneroroperatormustdeterminethatthetank system is not leaking orisunfitfor 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. 

### §270.11(d) (July 1, 2008), that attests to the tank system's integrity by January 12, 1988, for HSWAtanks 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 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September28, 2009. General Authority: SDCL 34A-11-9. LawImplemented: SDCL 34A-11-9, 34-11-10, 34A-ll-12, 34A-11-16. 74:28:28:04. Containment and detection ofreleases from tanks. Topreventthe release of hazardous waste or hazardous constituents to the enviromnent, secondary containment that meets the requirements ofthis chapter must be provided, except as provided in 40 C.F.R. §265.l93(f) and (g) (July 1, 2008) as follows: (1) Forall newtank systems orcomponents, beforethey are put into service; (2) Forall existingtank systems used to storeortreatEPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and twoyears 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 orwhenthetank system has reached 15 years ofage, whichevercomes later; (4) For those existing tank systems for which the age cam10t 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 mustbeprovided bythe time the facility reaches 15 years ofage or within two years afterJanuary 12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, whichevercomes later; and (5) For tank systems that store or treat materials thatbecome hazardous waste subsequentto January 12, 1987,for HSWA tanks 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 becomeshazardous waste mustbeused in place 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; 31 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009. General Authority: SDCL 34A-1 l-9. Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-l 1-12, 34A-l 1-16.74:28:28:05. Definition of new and existing drip pads for certain wood preserving wastes. The requirements of40 C.F.R. Part 265, Subpmi W (July 1, 2008) apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, orsurface 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 drippads. ForEPA hazmdouswaste numberF032 wastes, the requirement at40 C.F.R. §265.443(b)(3) (July 1, 2008) to install a leakcollection system applies onlyto those drippadsthat 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 !, 2008) to install a leak collection system applies onlyto those drip pads that me 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 SOR 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. GeneralAuthority: SDCL 34A-l 1-9. Law Implemented: SDCL 34A-11-9, 34A-l1-10, 34A-l1-12, 34A-ll-16. CHAPTER74:28:29 INTERIM STATUS FOREXISTING SURFACEIMPOUNDMENTS

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, orwhichbecome subject to the requirements in§3005G)(6)(A) or (B) ofthe Resource Conservation and Recovery Act as amended through January 1, 1989, must comply withthe double liner, leachate collection, and groundwaterrequirements applicable to new units by November 8, 1988, orbythe date specified in§ 3005Q)(6)(A) or (B) ormust stop treating, receiving, or storing hazardous waste unless the surface impoundment qualifies for a special exemption specified in 

### § 3005Q). These surface impoundments must comply with all applicable regulations underchapter 74:28:28.Source: 15 SDR 177, effective June 1, 1989. General Authority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-ll-9, 34A-11-10, 34A-ll-12, 34A-ll-16.

Section 74:28:30:01 CHAPTER74:28:30 LANDDISPOSAL RESTRICTIONS

Landdisposalrestrictions.

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, VIIJ, IX, and XI (July 1, 2008). Source: 16 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, l992; 20 SDR 56, effective October 24, 1993; 2 l SDR 56, effective September 29, l994; 22 SDR 43, effective October 2, l995; 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 September28, 2009. GeneralAuthority: SDCL 34A-l 1-9. Law Implemented: SDCL 34A-l 1-9, 34A-l 1-10, 34A-ll-12, 34A-11-16.

Section 74:28:31:01 74:28:31:02 74:28:31 :03 74:28:31 :04 74:28:31:05 74:28:31:06 74:28:31:07 74:28:31 :08 74:28:31 :09 74:28:31:10 74:28:31:11 74:28:31:12 CHAPTER74:28:31 POLYCHLORINATED BIPHENYL

General. Prohibitions. Marking ofPCBs and PCB items. Disposal requirements. Storage for disposal. Incineration. Decontamination. Chemical waste landfills. PCB spill cleanup policy. Records andreports. Notification. Inspection and enforcements.74:28:31:01. General. The definitions and references for PCBs and PCB items arethose in 40 C.F.R. §§ 761.3 to 761.19, inclusive (July 1, 1988), as they apply to the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May 27, 1990. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-l.1. 74:28:31:02. Prohibitions. The prohibited uses of PCBs and PCB items are those in 40 C.F.R. 

### §761.20 (July 1, 1988), as it appliesto the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May 27, 1990. GeneralAuthority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-ll-l.1. 74:28:31:03. Marking ofPCBs and PCB items. The requirements for marking ofPCBs and PCB items are those in 40 C.F.R. §§ 761.40 to 761.45, inclusive (July 1, 1988), as they apply to the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May27, 1990. GeneralAuthority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-ll-l.1. 74:28:31:04. Disposal requirements. The disposal requirements for PCBs and PCB items are those in 40 C.F.R. §761.60 (July 1, 1988), as it applies to the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May 27, 1990. General Authority: SDCL 34A-l 1-9. LawImplemented: SDCL 34A-ll-l.1. 74:28:31:05. Storage for disposal. The storage for disposal requirements are those in 40 C.F.R. §761.65 (July 1, 1988), as it appliesto the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May 27, 1990. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-ll-l.1. 74:28:31:06. Incineration. The incineration standards are those in 40 C.F.R. §761.70 (July 1, 1988), as it applies to the treatment, storage, and disposal ofPCBs. In addition, the board may require new facilities regulated by this section to prepare and submit an environmental impact statement as provided for by SDCL 34A-9 upon a showing that the facility may have a significant effect on the environment. Source: 16 SDR 203, effectiveMay 27, 1990. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-9-4, 34A-ll-l.1.Cross-Reference: Contents ofenvironmental impact statement, SDCL 34A-9-7. 74:28:31:07. Decontamination. The decontamination requirements arethose in 40 C.F.R. 

### § 761.79 (July 1, 1988), as it appliesto the treatment, storage, anddisposal ofPCBs. Source: 16 SDR203, effective May27, 1990. General Authority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-1l-l.1. 74:28:31:08. Chemical waste landfills. The requirements for a chemical waste landfill are those in 40 C.F.R. 

### § 761.75 (July I, 1988), as it applies to the treatment, storage, and disposal of PCBs. In addition, the board may require new facilities regulated by this section to prepare and submit an environmental impact statement as provided for by SDCL 34A-9 upon a showing that the facility mayhave a significanteffectonthe environment. Source: 16 SDR203, effective May27, 1990. GeneralAuthority: SDCL 34A-1l-9. LawImplemented: SDCL 34A-9-4, 34A-ll-l.l. Cross-Reference: Contents ofenvironmental impact statement, SDCL 34A-9-7. 74:28:31 :09. PCB spill cleanup policy. The PCB spill cleanup policyis those requirements in 40 C.F.R. §§ 761.120 to 761.135, inclusive (July 1, 1988), as they apply to the treatment, storage, and disposal ofPCBs. Source: 16 SDR203, effective May 27, 1990. General Authority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-ll-I.l. 74:28:31:10. Records and reports. The records andreports required are those in 40 C.F.R. 

### §761.180(July1, 1988), as it appliesto the treatment, storage, and disposal ofPCBs. Source: 16 SDR 203, effective May 27, 1990. GeneralAuthority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-1l-l.1. 74:28:31:11. Notification. Any person who provides notification to the environmental protection agency ofPCB activities shall also provide a copyofthenotificationto the secretary. Source: 16 SDR203, effective May 27, 1990. General Authority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-l 1-l.1. 74:28:31:12. Inspections and enforcement. In order to determine whether a facility is complying withthis chapter, the secretaryor adesignee may:(1) Enter and have access during normal hours ofoperation to any facility handling PCBs andPCB items; (2) Inspect and obtain samples ofany PCBs and PCB items located at the facility. Areceipt for any sample and a copy ofany analysis performed shall be provided to the owner or operator of the facility; and (3) Inspect and copyrecords relatingto anyPCB handling atthe facility. Thepurpose ofsuchan inspection isto ensure compliancewiththis chapter. 

### Ifthe inspection discloses a violation ofthis chapter, the secretary may issue a notice ofviolation to the owner or operatorunder SDCL 34A-11-17 ormay proceedm1der SDCL 34A-1l-l9and 34A-ll-20,orboth. Source: 16 SDR203, effective May 27, 1990. GeneralAuthority: SDCL 34A-1l-9. LawImplemented: SDCL 34A-ll-l.l. CHAPTER74:28:32 TOXIC CLEANUPDAY (Executed)

Editor's Note: The Legislative Research Council deleted the rules in this chapter as executed provisions following the repori to the Legislature in January, 1992, required 

### by the underlying statute, SDCL 34A-ll-4.l.

Section 74:28:33:01 CHAPTER74:28:33 MANAGEMENT OFUNIVERSAL HAZARDOUS WASTE

Managementofuniversal hazardous waste.

74:28:33:01. Management ofuniversal hazardous waste. The standards for management ofuniversal hazardous waste are those in 40 C.F.R. §§ 273.l to 273.81, inclusive (July 1, 2008). 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 August28, 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 October27, 2008; 36 SDR44, effective September28, 2009. General Authority: SDCL 34A-1 l-9. Law Implemented: SDCL 34A-11-9, 34A-ll-IO, 34A-ll-16. CHAPTER74:28:34SPECIAL REQUIREMENTS FORLANDFILLS AND SURFACEIMPOUNDMENTS

Section 74:28:34:01 Exposure informationfrom landfills and surface impotmdments.

74:28:34:01. Exposure information from landfills and surface impoundments. The application for a hazardous waste landfill or a surface impoundment must be accompanied by information on the potential for the public to be exposed to hazardous wastes or hazardous constituents. At aminimum, suchinformationmust addressthe following: (1) Reasonably foreseeable potential releases from both normal operations and accidents at hazardous waste landfills and surface impoundments, including releases associated with transportationto orfrom these facilities; (2) The potential pathways ofhuman exposure to hazardous wastes or constituents resulting from these releases; (3) The potential magnitude and nature ofthe human exposure resulting from suchreleases; and (4) Otherrelevant information. The secretary shall make available this information to the Agency for Toxic Substances and Disease Registry. The secretary may request the administrator ofthe Agency for Toxic Substances and Disease Registryto conduct a health assessment in connection with a hazardous waste landfill or a surface impoundment if a hazardous waste landfill or a surface impoundment poses a substantial risk to human health because of the existence of releases of hazardous waste or hazardous constituents. Source: 24 SDR 11, effectiveAugust 5, 1997. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-ll-13, 34A-11-16. Cross-References: Standards for hazardous waste treatment, storage, and disposal facilities,§ 74:28:25:01. Requirements to permitatreatment, storage, or disposal facility,§ 74:28:26:01. Interim status standards for treatment, storage, and disposal facilities, 

### §74:28:28:01. Note: The agency for Toxic Substances and Disease Registry is a part of the federal DepartmentofHealth andHuman Services.

# South Dakota Hazardous Waste Rules ARSD 74:28 Effective October 18, 2011Chapter 74:28:01 74:28:02 74:28:03 74:28:04 74:28:05 74:28:06 74:28:07 74:28:08 74:28:09 74:28:10 74:28:11 74:28:12 74:28:13 74:28:14 74:28:15 74:28:16 74:28:17 74:28:18 74:28:19 74:28:20 74:28:21 74:28:22 74:28:23 74:28:24 74:28:25 74:28:26 74:28:27 74:28:28 74:28:29 74:28:30 74:28:31 74:28:32 74:28:33 74:28:34 ARTICLE 74:28 HAZARDOUS WASTE

Administration, Repealed. Identificationand listing ofhazardous waste, Repealed. Standardsfor generators, Repealed. Standardsfor transporters, Repealed. General requirements for TSD facilities, Repealed. Manifest system for TSD facilities, Repealed. Records and reports for TSD facilities, Repealed. Groundwatermonitoring for TSD facilities, Repealed. TSD facility closure, Repealed. Containerrequirements, Repealed. Requirements for tanks, Repealed. Requirements for surface impoundments, Repealed. Requirements for hazardous wastepiles, Repealed. Landtreatmentrequirements, Repealed. Requirements for landfills, Repealed. Requirements for incinerators, Repealed. Requirements for thermal treatment, Repealed. Requirements for treatmentfacilities, Repealed. Requirements for underground injection, Repealed. Waste explosive disposal, Repealed. Administration. Identification and listing. Standards for generators. Standards for transporters. Treatment, storage, and disposal. Permitrequirements. Managementofspecific hazardous wastes. Interim status standards for facilities. Interim status for existing surface impoundments. Land disposal restrictions. Polychlorinatedbiphenyl, Deleted. Toxic cleanup day, Executed. Management ofuniversal hazardous waste. Specialrequirements for landfills and surface impoundments.

CHAPTER74:28:01 ADMINISTRATION (Repealed. 10 SDR 106, effective April 8, 1984)CHAPTER74:28:02 IDENTIFICATIONAND LISTING OFHAZARDOUS WASTE (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:03 STANDARDS FORGENERATORS (Repealed. 10 SDR I06, effective April 8, 1984)

CHAPTER74:28:04 STANDARDS FORTRANSPORTERS (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:05 GENERAL REQUIREMENTSFORTSD FACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER 74:28:06 MANIFESTSYSTEMFORTSDFACILITIES

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

CHAPTER74:28:07 RECORDSAND REPORTS FORTSD FACILITIES (Repealed. l0 SDR 106, effective April 8, 1984)

CHAPTER74:28:08 GROUNDWATERMONITORING FORTSD FACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:09 TSD FACILITY CLOSURE (Repealed. 10 SDR 106, effective April 8, 1984)CHAPTER74:28:10 CONTAINERREQUIREMENTS (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:11 REQUIREMENTSFORTANKS (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:12 REQUIREMENTS FORSURFACEIMPOUNDMENTS (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:13 REQUIREMENTS FORHAZARDOUSWASTE PILES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:14 LAND TREATMENTREQUIREMENTS (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:15 REQUIREMENTS FORLANDFILLS (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:16 REQUIREMENTS FORINCINERATORS (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:17 REQUIREMENTS FORTHERMALTREATMENT (Repealed. 10 SDR 106, effective April 8, 1984)Section 74:28:21 :01 74:28:21 :02 74:28:21:03 CHAPTER74:28:18 REQUIREMENTS FORTREATMENT FACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:19 REQUIREMENTS FORUNDERGROUND INJECTION (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:20 WASTE EXPLOSIVEDISPOSAL (Repealed. I0 SDR 106, effective April 8, 1984)

CHAPTER 74:28:21 ADMINISTRATION

Definitions. General standards for a hazardous wastemanagement system. Use ofterm 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 ofJuly 1, 20I0, unless otherwise specified: (I) "Administrator," the secretary ofthe Department ofEnvironment and Natural Resources or a designee, except at: (a) 40 C.F.R. 

### §260.I0, 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) and265.12(a); (e) 40 C.F.R. 

### §268.40(b); (f) 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.IO(e)(2), (3), and (4); 270.JO(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," the state DepartmentofEnvironment andNatural 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 "EPAAcknowledgment ofConsent"; (b) Any reference to EPAinthe following regulations: (i) 40 C.F.R. § 260.l0, the definitions of"administrator," "EPAregion," "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 Part 262, Appendix; (iv) 40 C.F.R. §§ 264.11and265.11; (v) 40 C.F.R. § 268.l(e)(J), 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.ll(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, 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) "Existingtank system" or "existing component," atank system orcomponent that 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, orJune 7, 1989, fornon-HSW A tanks, as defined in subdivision (12) ofthis section; (8) "Federal Register," a newspaper of general circulation in the state of South Dakota, except at: (a) 40C.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. Part 266, Appendix IX; (9) "HSWA tank," a tank owned or operated by a small quantity generator, a new underground tank, ora 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 HSWA 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 ofhazardous waste for which installation commenced after July 14, 1986, for HSWAtanks, as defined in subdivision (9) ofthis section, and June 7, 1989,fornonHSWA tanks, as defined in subdivision (12) of this section or, for the purposes of 40 C.F.R. § 264.l93(g)(2) (July 1, 2010) and 40 C.F.R. 

### §265.193(g)(2) (July 1, 2010), 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 generatorand is eitheran existing underground tank oratank that canbe entered for inspection; (13) "Region," the state ofSouth 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, SDCLchapter 34A-ll, the SouthDakota Hazardous Waste ManagementAct, except at: (a) 40 C.F.R. § 260.l0, 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 ofthe Department ofEnvironment and Natural Resources ora designee, exceptat: (a) 40 C.F.R. § 260.l0, the definitions of "administrator," "regional administrator," and "hazardous waste constituent"; (b) 40 C.F.R. Part261, 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); (f) 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(f) and (g); 270.ll(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;(16) "Secretary," the secretary ofthe DepartmentofEnvironment and Natural Resources or a designee; (17) "State," the state ofSouth Dakota, except at: (a) 40 C.F.R. § 260.l0, 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~"** "person," and 11stateu; (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 I06, effective April 8, 1984; 11 SDR44, effective September 30, !984; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SOR 72, effective November 24, 1987; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effectiveOctober 8, 1992; 20 SDR56, effective October24, 1993; 24 SDR 11, effectiveAugust 5, 1997; 26 SDR 26, effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SOR 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 SOR 88, effective October 27, 2008; 36 SDR 44, effective September28, 2009; 38 SDR58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-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 260.41, inclusive, except 40 C.F.R. §§ 260.30(d) and (e), 260.33(c), and 260.34 (July 1, 2010), constitutethe general hazardous waste management system. 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 I0, 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 September28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-9. 74:28:21:03. Use ofterm RCRA §3008. The term RCRA 

### §3008 as used in the documents incorporated in this article means both RCRA §3008 and SDCLchapter 34A-ll.Source: 24 SDR 11, effective August 5, 1997. General Authority: SDCL 34A-11-9. Law Implemented: SDCL34A-l1-9. Cross Reference: Definitions,§ 74:28:21:01.

Section 74:28:22:01 74:28:22:02 CHAPTER74:28:22 IDENTIFICATION AND LISTING

Identification and listing ofhazardouswastes. 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.l to 261.41, inclusive, except 40 C.F.R. §261.4(b)(l6) and (18); and Appendixes I, VII, Vlll, and IX (July 1, 2008). In addition to these wastes, polychlorinated biphenyls in concentrations of50 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 SOR 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 SDR23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009. General Authority: SDCL 34A-ll-8. Law Implemented: SDCL 34A-ll-8. 74:28:22:02. Exclusion for petroleum-contaminated media and debris. Repealed. Source: 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; repealed, 29 SDR21, effective August 28, 2002.

Section 74:28:23:01 CHAPTER74:28:23 STANDARDS FORGENERATORS

Standards for generators.74:28:23:02 to 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.lOUJ and (k); §§ 262.200 to 262.216, inclusive, and the appendix to 40 C.F.R. Part 262 (July 1, 2010). 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 SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56. effective October 24, l993; 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 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; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-1l-9,34A-ll-10, 34A-ll-16. 74:28:23:02. Accumulation time. Repealed. Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; repealed, 13 SDR 117, effective March 1, 1987. 74:28:23:03. Extendingthe accumulation time. Repealed. Source: 10 SDR 106, effective April 8, 1984; repealed, 13 SDR 117, effective March 1, 1987.74:28:23:04. Manifest requirements. Repealed. Source: 11 SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective November 11, 1985.

Section 74:28:24:01 CHAPTER74:28:24 STANDARDS FOR TRANSPORTERS

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 l,2010).Source: 10 SOR 106, effective April 8, 1984; 12 SOR 79, effective November 11, 1985; 13 SOR 117,effectiveMarch I, 1987; 13SOR129, 13SOR141,effectiveJuly !, 1987; !6SDR44, effective September 14, 1989; 17 SOR 204, effective July 10, 1991; 19 SOR48, effectiveOctober 8, 1992; 20 SOR 56, effective October 24, 1993; 21 SOR 56, effective September 29, 1994; 22 SOR 43, effective October 2, 1995; 23 SOR 64, effectiveNovember 5, 1996; 24 SOR 11, effective August 5, 1997; 26 SOR26, effective August 29, 1999; 27 SOR 59, effective December 12, 2000; 28 SOR 24, effective August 29, 2001; 29 SOR 21, effective August 28, 2002; 30 SDR 26, effective September I, 2003; 31 SOR 23, effective August 29, 2004; 34 SOR 68, effective September 13, 2007; 35 SOR 88, effective October 27, 2008; 36 SOR 44, effective September 28, 2009; 38 SOR58, effective October 18, 2011. General Authority: SDCL 34A-l1-9. Law Implemented: SDCL 34A-ll-9, 34A-l 1-10, 34A-ll-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 wastetreatment, storage, and disposal facilities. Underground placement ofwasteprohibited. Assessment ofexistingtank system's integrity. Containment and detection ofreleases from tanks. Definition ofnew 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)(l2), 264.!S(c), 264.149, 264.150, 264.19l(a) and (c), 264.193(a), 264.301(1), 264.570(a), 264.1030(d), 264.IOSO(g), and 264.1080(e), (f), and (g); and Appendixes I, IV, V, VI, and IX and §§267.l to 267.1108, inclusive, except § 267.71(d) (July 1, 20I0). Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 SDR 117,effectiveMarch 1, 1987; 13SDR129, 13SDR141,effectiveJuly 1, 1987; 16SDR44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SOR48, effectiveOctober 8, 1992; 20 SOR 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 SOR 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 SOR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-l 1-9, 34A-ll-10, 34A-ll-12, 34A-ll-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 fonnation, salt bed formation, underground mine, or cave is prohibited. Source: 19 SDR48, effective October 8, l992. GeneralAuthority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-ll-13, 34A-ll-14. 74:28:25:03. Assessment of existing tank system's integrity. For each ex1stmg tank system that does not have secondary containment meeting the requirements of40 C.F.R. 

### §264.193 (July I, 2010), 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 I, 2010), that attests to the tank system's integrity by January 12, 1988, for HSWAtanks 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 a hazardous 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 (I) 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 ofthe 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 l, 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 September28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-l 1-l3, 34A-1 l-14. 74:28:25:04. Containmentand detection ofreleases from tanks. To prevent the 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(1) and (g) (July I, 2010), as follows: (I) For all newtank systems orcomponents, before they are put into service;(2) For all existing tank systems used to store ortreat 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 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, whichevercomes later; (4) For those existing tank systems for which the age cannot be docnmented, within eight years after January 12, 1987, for HSWAtanks and within eightyears after September 14, l989, 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 afterJanuary 12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, whichevercomes 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 (!) 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-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; 3 l SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SOR 88, effective October 27, 2008; 36 SDR44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-1l-l2,34A-l1-13, 34A-lI-l4. 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, 2010) apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, orsurface 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 at 40 C.F.R. 

### §264.573(b)(3) (July l, 2010) 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 I, 2010) to install a leak collection system applies only to those drip pads that are constructed afterSeptember 29, 1994, for which the owner or operator has a design and has entered into before September29, 1994,bindingfinancial orotheragreements 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 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; 38 SDR58, effective October 18, 2011. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-12, 34A-ll-13, 34A-ll-14.

Section 74:28:26:01 CHAPTER74:28:26
PERMIT REQUIREMENTS

Requirements to permit a treatment, storage, ordisposal 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. §§ 270.1 to 270.320, inclusive, except§§ 270.l(c)(2)(ix) and 270.14(b)(l8); and Appendix I (July 1, 2010); 40 C.F.R. §§ 124.l(b), 124.2(a), 124.3(a), 124.5(a), 124.S(c), 124.6(a), (b), (d), and (e), 124.11, 124.3l(b), (c), and (d), 124.32(b) and (c), 124.33(b) to (f), and 124.200 to 124.214, inclusive (all July 1, 20IO); and 40 C.F.R. §§ 144.31(g)(l) to (3), inclusive (July l, 1992). Any interested person maycontestthe issuance ofa permitby following the procedures inchapter74:09:01. The requirements for a preapplicationpublic meeting and notice found in 40 C.F.R. 

### § 124.31 (July 1, 2010) apply to all hazardous waste permit applications seeking initial pennits for hazardous waste management units, to hazardous waste permit applications seeking coverage under a standardized permit under § 270 subpart 

### J (July 1, 2010), 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, 2010). A significant change to a standardized permit is defined at§ 124.21l(c) (July 1, 2010). 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, 2010) 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(July1, 2010). 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, 2010), or hazardous waste permit modifications under 40 C.F.R. § 270.42 (July l, 20l0) or applications submitted for the sole purpose of conducting post-closure activities or post-closure andcorrective action at a facility.The requirement for an information repository found in 40 C.F.R. § 124.33 (July 1, 2010) 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 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SOR 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, 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; 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; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-11-9. Law Implemented: SDCL 34A-l1-9, 34A-l1-12, 34A-l 1-13, 34A-11-14, 34A-11-15. Cross-Reference: Special requirements for landfills and surface impoundments, § 74:28:34:01.

Section 74:28:27:01 CHAPTER74:28:27 MANAGEMENT OF SPECIFIC HAZARDOUS WASTES

Requirements for the managementofspecifichazardous 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.l to 279.82, inclusive, except40 C.F.R. §279.82(b) and (c) (all July 1, 2010). The language in 40 C.F.R. §279.82(a) "except when such activity takes place in one ofthe states listed in paragraph (c) ofthis 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 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 SDR24, effective August 29, 200I; 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 September28, 2009; 38 SDR 58, effective October 18, 2011.

### General Authority: SDCL 34A-11-9. 

### Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-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 FORFACILITIES

Interim status standards for treatment, storage, and disposal facilities. Underground placementofwaste prohibited. Assessment ofexistingtank system's integrity. Containment and detection ofreleases from tanks. Definition ofnew and existingdrip pads for certain woodpreserving 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, 2010). 

### Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SOR 141, effective July 1, 1987; 16 SOR44, effective September 14, 1989; 17 SOR 204, effective July 10, 1991; 19 SOR 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 SOR 64, effective November 5, 1996; 24 SOR 11, effective August 5, 1997; 26 SOR 26, effective August 29, 1999; 27 SOR 59, effective December 12, 2000; 28 SOR24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SOR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SOR 88, effective October 27, 2008; 36 SDR 44, effective September28, 2009; 38 SDR 58, effective October 18, 2011. 

### General Authority: SDCL 34A-ll-9. 

### Law Implemented: SDCL 34A-ll-9, 34A-11-10, 34A-ll-12, 34A-ll-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 orcave is prohibited. 

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

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

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

### 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, 2010), the owner oroperator mustdetermine that the tank system is not leaking or is unfitfor 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 I, 2010), 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 wastes become a hazardous waste. Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, I999; 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 SDR44, effective September28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: SDCL 34A-l 1-9. Law Implemented: SDCL 34A-1 l-9, 34-11-10, 34A-ll-12, 34A-ll-16. 74:28:28:04. Containmentand detection ofreleases from tanks. To prevent the 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.I93(f) and (g) (July 1, 2010) as follows: (1) Forall newtank systems orcomponents, before they are put into service; (2) For all existing tank systemsused to store ortreat EPA Hazardous WasteNumbers 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 orwhen thetank systemhas 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 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 within two years afterJanuary 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 ortreat materials that become hazardous waste subsequent to January 12, 1987, for HSWAtanks and September 14, 1989, for non-HSWA tanks, withinthe time interval required in subdivisions (1) to ( 4), inclusive, of this section, except that the date that a material becomes hazardous waste mustbe 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; 31SDR23,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. General Authority: 

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

### SDCL 34A-ll-9, 34A-ll-10, 34A-ll-12, 34A-ll-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, 2010) 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 number F032 wastes, therequirement at40 C.F.R. §

### 265.443(b)(3) (July!, 2010) to install a leak collection system applies only to those drip padsthat are constructed after December 24, 1992, for which the owner or operatorhas 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, 2010) 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 orother agreements for construction. Source: 

### 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, l999; 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 September28, 2009; 38 SDR 58, effective October 18, 2011. General Authority: 

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

### SDCL 34A-ll-9, 34A-ll-10, 34A-ll-12, 34A-ll-!6. 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 subject to 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 byNovember 8, 1988, orby the date specified in 

### § 3005(j)(6)(A) or (B) or must stoptreating, receiving, or storing hazardous waste unless the surface impoundment qualifies for a special exemption specified in § 3005(j). These surface impoundments must comply with all applicable regulations underchapter74:28:28. Source: 15 SDR 177, effective June 1, 1989. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-11-9, 34A-ll-10, 34A-ll-12, 34A-ll-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.l 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, 2010). Source: 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. GeneralAuthority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-ll-9, 34A-ll-10, 34A-ll-12, 34A-ll-16. CHAPTER74:28:31 POLYCHLORINATED BIPHENYL (Deleted)

At the request of the Department of Environment and Natural Resources, the Legislative Research Council has deleted Chapter 74:28:31, Polychlorinated Biphenyl, effective April 15, 2013, pursuant to SDCL 1-26-8.l and 1-26A-l. The authority to promulgate a rule related to

### Polychlorinated Biphenyl was repealed by SL 2012, ch 215, §

### 32, thus the rules are deemed obsolete by operation oflaw. CHAPTER74:28:32 TOXIC CLEANUP DAY 

### (Executed)

Editor's Note: 

### The Legislative Research Council deleted the rules in this chapter as executed provisions following the report to the Legislature in January, 1992, required by the underlying statute, SDCL 34A-ll-4.I.

Section 74:28:33:01 CHAPTER74:28:33 MANAGEMENTOF UNIVERSAL HAZARDOUS WASTE



### Management ofuniversal hazardous waste.

74:28:33:01. Management ofuniversal hazardous waste. 

### The standards for management ofuniversal hazardous waste are those in 40 C.F.R. 

### §§ 273.1to273.81, inclusive (July I, 2010). Source: 

### 23 SDR 64, effective November 5, 1996; 24 SOR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SOR 24, effective August 29, 2001; 29 SDR21, effective August 28, 2002; 30 SDR26, effective September I, 2003; 31 SOR 23, effoctive 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 SOR 58, effective October 18, 2011. General Authority: 

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

### SDCL 34A-ll-9, 34A-l 1-10, 34A-ll-16. CHAPTER74:28:34 SPECIAL REQUIREMENTS FORLANDFILLS AND SURFACE IMPOUNDMENTS



### Section 74:28:34:01 Exposure information from landfills and surface impoundments.

74:28:34:01. Exposure information from landfills and surface impoundments. 

### The application for a hazardous waste landfill or a surface impoundment must be accompanied by infonnation on the potential for the public to be exposed to hazardous wastes or hazardous constituents. At aminimum, such information must address the following:(l) Reasonably foreseeable potential releases from both normal operations and accidents at hazardous waste landfills and surface impoundments, including releases associated with transportationto or from these facilities; (2) The potential pathways ofhuman exposure to hazardous wastes or constituents resulting from these releases; (3) The potential magnitude and nature ofthe human exposure resulting from suchreleases; and ( 4) Other relevant information. The secretary shall make available this information to the Agency for Toxic Substances and Disease RegistJy. The secretary may request the administrator ofthe Agency for Toxic Substances and Disease Registry to conduct a health assessment in com1ection with a hazardous waste landfill or a surface impoundment if a hazardous waste landfill or a surface impoundment poses a substantial risk to human health because of the existence of releases of hazardous waste or hazardous constituents. Source: 24 SDR 11, effective August 5, 1997. General Authority: SDCL 34A-ll-9. Law Implemented: SDCL 34A-ll-l2, 34A-ll-13, 34A-ll-16. Cross-References: Standards for hazardous waste treatment, storage, and disposal facilities,§ 74:28:25:01. Requirements to permit atreatment, storage, ordisposal facility,§ 74:28:26:01. Interim status standards for treatment, storage, and disposal facilities,§ 74:28:28:01. Note: The agency for Toxic Substances and Disease Registry is a part of the federal Department ofHealth and Hnman Services.

# South Dakota Hazardous Waste Rules ARSD 74:28 Effective October 10, 2013Chapter 74:28:01 74:28:02 74:28:03 74:28:04 74:28:05 74:28:06 74:28:07 74:28:08 74:28:09 74:28:10 74:28:11 74:28:12 74:28:13 74:28:14 74:28:15 74:28:16 74:28:17 74:28:18 74:28:19 74:28:20 74:28:21 74:28:22 74:28:23 74:28:24 74:28:25 74:28:26 74:28:27 74:28:28 74:28:29 74:28:30 74:28:31 74:28:32 74:28:33 74:28:34 ARTICLE 74:28 HAZARDOUS WASTE

Administration, Repealed. Identificationand listingofhazardouswaste, Repealed. Standardsfor generators, Repealed. Standards for transporters, Repealed. General requirements for TSD facilities, Repealed. Manifest system for TSD facilities, Repealed. Records andreports for TSD facilities, Repealed. Groundwatermonitoring for TSD facilities, Repealed. TSD facility closure, Repealed. Containerrequirements, Repealed. Requirements for tanks, Repealed. Requirements for surface impoundments, Repealed. Requirements for hazardous waste piles, Repealed. Land treatmentrequirements, Repealed. Requirements for landfills, Repealed. Requirements for incinerators, Repealed. Requirements for thermal treatment, Repealed. Requirements for treatmentfacilities, Repealed. Requirements for underground injection, Repealed. Waste explosive disposal, Repealed. Administration. Identificationand listing. Standards for generators. Standardsfor transporters. Treatment, storage, and disposal. Permitrequirements. Management ofspecific hazardous wastes. Interim status standards for facilities. Interim status for existing surface impoundments. Landdisposal restrictions. Polychlorinatedbiphenyl, Deleted. Toxic cleanup day, Executed. Management ofuniversal hazardous waste. Specialrequirements for landfills and surface impoundments.

CHAPTER74:28:01 ADMINISTRATION (Repealed. 10 SDR 106, effective April 8, 1984)CHAPTER74:28:02 IDENTIFICATIONAND LISTINGOFHAZARDOUSWASTE (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:03 ST ANDARDS FORGENERATORS (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:04 STANDARDS FORTRANSPORTERS (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:05 GENERALREQUIREMENTS FORTSDFACILITIES (Repealed. I0 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:06 MANIFESTSYSTEMFORTSDFACILITIES

(Repealed. I0 SDR I06, effectiveApril 8, 1984)

CHAPTER74:28:07 RECORDS AND REPORTS FORTSD FACILITIES (Repealed. I0 SDR 106, effective April 8, 1984)

CHAPTER74:28:08 GROUNDWATERMONITORING FORTSDFACILITIES (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:09 TSD FACILITY CLOSURE (Repealed. 10 SDR 106, effective April 8, 1984)

### CHAPTER74:28:10 CONTAINERREQUIREMENTS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:11 REQUIREMENTS FORTANKS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:12 REQUIREMENTS FORSURFACEIMPOUNDMENTS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:13 REQUIREMENTSFORHAZARDOUSWASTEPILES (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:14 LAND TREATMENTREQUIREMENTS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:15 REQUIREMENTSFORLANDFILLS (Repealed. 10 SDR 106, effectiveApril 8, 1984)



### CHAPTER74:28:16 REQUIREMENTSFORINCINERATORS (Repealed. 10 SDR 106, effective April 8, 1984)



### CHAPTER74:28:17 REQUIREMENTSFORTHERMALTREATMENT (Repealed. 10 SDR 106, effective April 8, 1984)Section 74:28:21:01 74:28:21:02 74:28:21:03 CHAPTER74:28:18 REQUIREMENTS FORTREATMENTFACILITIES (Repealed. 10 SDR 106, effective April 8, 1984)

CHAPTER74:28:19 REQUIREMENTS FORUNDERGROUND INJECTION (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:20 WASTE EXPLOSIVE DISPOSAL (Repealed. 10 SDR 106, effectiveApril 8, 1984)

CHAPTER74:28:21 ADMINISTRATION

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

74:28:21:0l. Definitions. Terms used in the federal rules which are adopted byreference in this article have the following meanings. All references in this article to federal regulations are those revised as ofJuly 1, 2012,unless otherwise specified: (1) "Administrator," the secretary ofthe Department ofEnvironment and Natural Resources or a designee, except at: (a) 40 C.F.R. § 260.10, the definitions of "administrator," "regional administrator," and "hazardouswaste 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," "regional administrator," and "state/EPA agreement"; (g) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2), (3), and (4); 270.lO(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," the state Department ofEnvironmentandNatural 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 "EPA AcknowledgmentofConsent"; (b) Anyreference to EPA inthe 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); andPart262, Appendix; (iv) 40 C.F.R. §§ 264.11and265.11; (v) 40 C.F.R. §268.l(e)(3), 268.2(j) 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.ll(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.l083(c)(4)(ii); (x) 40 C.F.R. §260.ll(a); (4) "EPAhazardous waste number," the number assigned bythe secretary to eachhazardous waste; (5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, ordisposal facility; (6) "Existinghazardous 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, orbeforeApril 8, 1984, for non-HSWA facilities; (7) "Existing tank system" or "existing component," atank system or componentthat 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, orJune 7, 1989, for non-HSWAtanks, as definedin 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. Part261, 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 atank which cannotbe 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 HSWA facilities, andApril 8, 1984, for non-HSWA facilities; (11) "Newtank system" or "newtank component," a tank system or componentthat will be used for the storage or treatment ofhazardous waste for which installation commenced after July 14, 1986, for HSWAtanks, as defined in subdivision (9) ofthis 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.l93(g)(2) (July 1, 2012) and 40 C.F.R. §265.l93(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 eitheran existingundergroundtank oratankthatcanbe enteredfor inspection; (13) "Region," the state ofSouth 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," oranyreferences to any sections ofRCRA, SDCLchapter34A-11, the SouthDakotaHazardous WasteManagementAct, 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. Part262, Appendix; (d) 40 C.F.R. §§ 270.l(a)(2) and 270.51; (e) 40 C.F.R. 

### §270.2, thedefinitionof"RCRA"; (15) "Regional administrator," the secretary ofthe Department ofEnvironment and Natural Resources ora designee, exceptat: (a) 40 C.F.R. §260.10, the definitions of "administrator," "regional administrator," and "hazardouswaste constituent"; (b) 40 C.F.R. Part261, Appendix IX; (c) 40 C.F.R. 

### §262.12 and Pait262, Appendix; (d) 40 C.F.R. §263.11; (e) 40 C.F.R. §§ 264.12(a) and 265.12(a); (f) 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(f) and (g); 270.ll(a)(3); 270.l4(b)(20); 270.32(b)(2); and 270.51;

### (16) "Secretary," the secretaiyofthe 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.lOSO(c), 264.1080(c), and 265.1080(c); (19) "EPA Environmental AppealsBoard," the SouthDakota State CircuitCourt. 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 SDR204, effective July 10, 1991; 19 SDR48, effective October 8, 1992; 20 SDR 56, effective October24, 1993; 24 SDR 11, effectiveAugust 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 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-11-9. 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 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. GeneralAuthority: 

### SDCL 34A-11-9. Law Implemented: 

### SDCL 34A-l 1-9.74:28:21:03. Use ofterm RCRA 

### §3008. 

### The term RCRA §3008 as used in the documents incorporated inthis article means both RCRA § 

### 3008 and SDCL chapter 34A-l 1. Source: 

### 24 SDR 11, effective August 5, 1997. GeneralAuthority: 

### SDCL 34A-11-9. Law Implemented: 

### SDCL 34A-11-9. Cross Reference: 

### Definitions,§ 74:28:21:01.

Section 74:28:22:01 74:28:22:02 CHAPTER74:28:22 IDENTIFICATION AND LISTING



### Identification and listingofhazardous 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, except40 C.F.R. § 

### 261.4(b)(16) and (17); §§ 

### 261.140 to 261.151, inclusive, and Appendixes !, 

### VII, VIII, and IX (July I, 2012). In addition to these wastes, polychlorinatcd 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 II, 1985; 13 SDR 117,effectiveMarch 1, 1987; 13SDR129, 13SDR141,effectiveJuly 1, 1987; 16SDR44, 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, effective August 28, 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 SDR61, effective October 10, 2013. General Authority: 

### SDCL 34A-ll-8. Law Implemented: 

### SDCL 34A-ll-8. 74:28:22:02. Exclusion for petroleum-contaminated media and debris. 

### Repealed. Source: 

### 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; repealed, 29 SDR21, effectiveAugust 28, 2002. CHAPTER74:28:23 STANDARDS FORGENERATORSSection 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 ofhazardous waste are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. §262.lOGJ and (k); §§ 262.200 to 262.216, inclusive, and the appendix to 40 C.F.R. Pai1262 (July 1, 2012). Source: 10 SDR 106, effective April 8, 1984; 11SDR44, 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, 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 August28, 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 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-l 1-9, 34A-1l-10,34A-l1-16. 74:28:23:02. Accumulation time. Repealed. Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; repealed, 13 SDR 117, effective March 1, 1987. 74:28:23:03. Extendingthe accumulation time. Repealed. Source: 10 SDR 106, effective April 8, 1984; repealed, 13 SDR 117, effective March 1, 1987.74:28:23:04. Manifest requirements. Repealed. Source: 11 SDR 44, effective September 30, 1984; repealed, 12 SDR 79, effective November 11, 1985.

Section 74:28:24:01 CHAPTER74:28:24 STANDARDS FORTRANSPORTERS

Standards for transpo11ers.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, effectiveNovember 11, 1985; 13 SDR 117, effective March 1, 1987; 13SDR129, 13SDR141, effective July 1, 1987; 16SDR44, 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 SDR64, effectiveNovember 5, 1996; 24 SDR 11,effective August 5, 1997; 26 SDR26, 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 SDR58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. GeneralAuthority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-l 1-9, 34A-1l-10,34A-l1-16.

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 wastetreatment, storage, and disposal facilities. Underground placementofwasteprohibited. Assessment ofexistingtank system's integrity. Containment and detection ofreleases fromtanks. Definition ofnewand existingdrippads 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)(l2), 264.lS(c), 264.149, 264.150, 264.191(a) and (c), 264.193(a), 264.301(1), 264.570(a), 2641030(d), 264.1050(g), and 264.1080(e), (f), and (g); and Appendixes I, IV, V, VI, and IX and §§267.1 to 267.1108, inclusive, except§ 267.71(d) (July 1, 2012). Source: 10 SDR 106, effective April 8, 1984; 12 SDR79, effective November 11, 1985; 13 SDR 117, effective March l, 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 SDR 48, 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 SDR64, 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 SDR44, effective September 28, 2009; 38 SDR58, effective October 18, 2011; 40 SDR61, effective October 10, 2013. General Authority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-1 l-9, 34A-1l-10, 34A-1 l-12, 34A-ll-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, undergroundmine, or cave isprohibited. 

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

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

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

### 74:28:25:03. Assessment of existing tank system's integrity. For each ex1stmg tank system that does not have secondary containment meeting the requirements of40 C.F.R. 

### §264.193 (July 1, 2012), the owner or operator must determine thatthe 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 assessmentwithin 12 months afterthe date thatthe waste becomes ahazardous waste. For existing tank systems or existing components, atank system or component installation is considered to have commenced ifthe owner or operator has obtained all federal, state, and local approvals or pennits necessary to begin physical construction ofthe site or installation ofthe tank system and if either (I) 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 ofthe site or installation of thetank systemto be completed withinone 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 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-11-9. 

### LawImplemented: SDCL 34A-11-12, 34A-11-13, 34A-ll-14. 

### 74:28:25:04. Containment and detection ofreleases from tanks. To prevent therelease 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) Forall newtank systems or components,beforethey are put into service; (2) Forall existingtank systems used to store ortreat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, withintwo 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 orwhenthe 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 withineightyears 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 afterJanuary 12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, whichevercomes later; and (5) Fortank systems that store ortreat materials that become hazardous waste subsequentto 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, 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 SDR26, effective September I, 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-11-12, 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 associatedcollection 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. ForEPA hazardous waste numberF032 wastes, the requirement at40 C.F.R. §264.573(b)(3) (July I, 2012) to install aleak collection system applies onlyto those drip pads that are constructedafter December24, 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 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 constructed after September 29, 1994, for which the owner or operator has a design and has entered into before September 29, 1994, bindingfinancial or otheragreements 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 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 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. 

### Law Implemented: SDCL 34A-11-12, 34A-l1-13, 34A-11-14.

Section 74:28:26:01 CHAPTER

### 74:28:26
PERMIT REQUIREMENTS

Requirements to permit atreatment, storage, ordisposal 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. 

### §§ 270.1 to 270.320, inclusive, except§§ 270.l(c)(2)(ix) and 270.14(b)(l8); and Appendix I (July 1, 2012); 40 C.F.R. §§ 124.l(b), 124.2(a), 124.3(a), 124.S(a), 124.S(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. §§ 144.3l(g)(I)to (3), inclusive (July 1, 1992). Any interestedperson maycontestthe issuance ofapetmitby followingtheprocedures inchapter 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 I, 2012), and to hazardous waste permit applications seekingrenewal ofpermits iftherenewal application is proposing a significantchange 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 standardizedpermitis defined at§ 124.21l(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 andcorrective action ata facility. The requirements for public notice atthe 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 40C.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 I, 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 andcorrective 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 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July I, 1987; 14SDR50, 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, 1997; 26 SDR26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR21, effective August28, 2002; 30 SDR26, effective September I, 2003; 31 SDR23,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-11-9, 34A-l1-12, 34A-ll-13, 34A-11-14, 34A-ll-l5. 

### 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 managementofspecific 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 Xlll and §§ 279.1 to 279.82, inclusive, except40C.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 notincorporatedbyreference. 

### 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 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 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-1 l-9. Law Implemented: 

### SDCL 34A-1 l-9, 34A-l1-10, 34A-l 1-12.

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 ofwaste prohibited. Assessmentofexistingtank system's integrity. Containment and detectionofreleases from tanks. Definitionofnew and existingdrip pads for 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)(IS), 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, 

### I!I, 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 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 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-1 l-9. Law Implemented: 

### SDCL 34A-ll-9, 34A-11-10, 34A-ll-12, 34A-ll-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 orcave is prohibited.Source: 19 SDR48, effective October 8, 1992. GeneralAuthority: SDCL 34A-11-9. Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14. 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), theowneroroperatormust determine thatthetank system is notleaking oris unfitfor 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 assessmentwithin 12 months afterthe datethatthe 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 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-l 1-9, 34-11-10, 34A-ll-12, 34A-ll-16. 74:28:28:04. Containment and 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) Forall newtank systems or components, before they are putinto service; (2) For all existingtank systems usedto store ortreatEPAHazardous WasteNumbers 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 or documented age, within two years after January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks orwhen thetank systemhas 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 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 beprovided by the time the facility reaches 15 years ofage or within two years afterJanuary

### 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 tlmt store ortreat 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, ofthis section, except that the date that a material becomes hazardous wastemustbe used in place ofJanuary 12, 1987, for HSWAtanks 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-ll-9. LawImplemented: 

### SDCL 34A-11-9, 34A-ll-10, 34A-ll-12, 34A-ll-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 number F032 wastes, the requirement at40 C.F.R. §265.443(b)(3) (July 1, 2012) to install aleakcollection 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 otheragreements 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-11-9. Law Implemented: 

### SDCL 34A-11-9, 34A-1l-l0, 34A-l1-12, 34A-ll-16.CHAPTER74:28:29 INTERIM STATUS FOR EXISTING SURFACE IMPOUNDMENTS

Section 74:28:29:01 Interim status for existingsurface impoundments.

74:28:29:01 Interim status for existingsurface impoundments. Surface impoundments in existence onNovember 8, 1984, orwhich become subjectto therequirements in§ 3005G)(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 groundwaterrequirements applicable to new units byNovember 8, 1988, orby the date specified in§ 3005G)(6)(A) or (B) ormust stoptreating, receiving, or storing hazardous waste unless the surface impoundment qualifies for a special exemption specified in § 3005G). These surface impoundments must comply with all applicable regulations underchapter74:28:28. Source: 15SDR177,effective June I, 1989. GeneralAuthority: SDCL 34A-1l-9. Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-l 1-12, 34A-ll-16.

Section 74:28:30:01 CHAPTER74:28:30 LAND DISPOSALRESTRICTIONS

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, except40 C.F.R. §§ 268.10, 268.11, 268.12, 268.13, 268.42(b) and 268.44; andAppendixes III, IV, VI, VII, VIII, IX, andXI (July 1, 2012). Source: 16 SDR44, effective September 14, 1989; 17 SDR204, effective July I0, 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 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-ll-9. Law Implemented: SDCL 34A-ll-9, 34A-ll-10, 34A-ll-12, 34A-ll-16.CHAPTER74:28:31 POLYCHLORINATED BIPHENYL 

### (Deleted)

At the request ofthe Department of Environment and Natural Resources, the Legislative Research Council has deleted Chapter 74:28:31, Polychlorinated Biphenyl, effective April 15, 2013, pursuant to SDCL 1-26-8.1 and l-26A-l. The authority to promulgate a rule related to Polychlorinated Biphenyl was repealed by SL 2012, ch 215, §

### 32, thus the rules are deemed obsoleteby operation oflaw. CHAPTER74:28:32 TOXIC CLEANUP DAY 

### (Executed)

Editor's Note: 

### The Legislative Research Council deleted the rules in this chapter as executed provisions following the report to the Legislature in January, 1992, required by the underlying statute, SDCL 34A-ll-4.l.

Section 74:28:33:01 CHAPTER74:28:33 MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE



### Management ofuniversal hazardous waste.

74:28:33:01. Management ofuniversal hazardous waste. 

### The standards for management ofuniversal hazardous waste are thosein40 C.F.R. §§ 

### 273.1to273.81,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, 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 SDR61, effective October 10, 2013. General Authority: 

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

### SDCL 34A-ll-9, 34A-ll-10, 34A-ll-16. CHAPTER74:28:34 SPECIAL REQUIREMENTS FORLANDFILLS AND SURFACE IMPOUNDMENTSSection 74:28:34:01 Exposure informationfrom landfills and surface impoundments.



### 74:28:34:01. Exposure information from landfills and surface impoundments. The application for a hazardous waste landfill or a surface impoundment must be accompanied by information on the potential for the public to be exposed to hazardous wastes or hazardous constituents. At aminimum, such informationmust address the following: (1) Reasonably foreseeable potential releases from both normal operations and accidents at hazardous waste landfills and surface impoundments, including releases associated with transportationto or from these facilities; (2) The potential pathways ofhuman exposure to hazardous wastes or constituentsresulting from these releases; (3) The potential magnitude and nature ofthe human exposure resulting from suchreleases; and (4) Otherrelevantinformation. The secretary shall make available this information to the Agency for Toxic Substances and Disease Registry. The secretary may request the administrator ofthe Agency for Toxic Substances and Disease Registry to conduct a health assessment in connectionwith a hazardous waste landfill or a surface impoundment if a hazardous waste landfill or a surface impoundment poses a substantial risk to human health because of the existence of releases of hazardous waste or hazardous constituents. 

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

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

### LawImplemented: SDCL 34A-1l-12,34A-lJ-13, 34A-1J-16. 

### Cross-References: Standards forhazardous wastetreatment, storage, and disposal facilities, §74:28:25:01. Requirements to permit atreatment, storage, ordisposal facility, §74:28:26:01. Interim status standards for treatment, storage, and disposal facilities,§ 74:28:28:01. 

### Note: The agency for Toxic Substances and Disease Registry is a part of the federal DepartmentofHealthand Human Services.