Attachment 4 
South Dakota Hazardous Waste Rules 

ARSD 74:28 

Effective September 28, 2009 
Chapter 

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Administration, Repealed. 

Identification and listing of hazardous waste, Repealed. 

Standards for generators, Repealed. 

Standards for transporters, Repealed. 

General requirements for TSO facilities, Repealed. 

Manifest system for TSO facilities, Repealed. 

Records and reports for TSO facilities, Repealed. 

Groundwater monitoring for TSD facilities, Repealed. 

TSD facility closure, Repealed. 

Container requirements, Repealed. 

Requirements for tanks, Repealed. 

Requirements for surface impoundments, Repealed. 

Requirements for hazardous waste piles, Repealed. 

Land treatment requirements, Repealed. 

Requirements for landfills, Repealed. 

Requirements for incinerators, Repealed. 

Requirements for thermal treatment, Repealed. 

Requirements for treatment facilities, Repealed. 

Requirements for underground injection, Repealed. 

Waste explosive disposal, Repealed. 

Administration. 

Identification and listing. 

Standards for generators. 

Standards for transporters. 

Treatment, storage, and disposal. 

Permit requirements. 

Management of specific hazardous wastes. 

Interim status standards for facilities. 

Interim status for existing surface impoundments. 

Land disposal restrictions. 

Polychlorinated biphenyl, Deleted. 

Toxic cleanup day, Executed. 

Management of universal hazardous waste. 

Special requirements for landfills and surface impoundments. 

CHAPTER 74:28:01 

ADMINISTRATION 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:02 

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

(Repealed.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

CHAPTER 74:28:03 

STANDARDS FOR GENERATORS 

(Repealed. 10 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:04 

STANDARDS FOR TRANSPORTERS 

(Repealed. 10 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:05 

GENERAL REQUIREMENTS FOR TSD FACILITIES 

(Repealed. I 0 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:06 

MANIFEST SYSTEM FOR TSD FACILITIES 

(Repealed. 10 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:07 

RECORDS AND REPORTS FOR TSD FACILITIES 

(Repealed. 10 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:08 

GROUNDWATER MONITORING FOR TSD FACILITIES 

(Repealed. 10 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:09 

TSD FACILITY CLOSURE 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:10 

CONTAINER REQUIREMENTS 

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

CHAPTER 74:28:11 

REQUIREMENTS FOR TANKS 

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

CHAPTER 74:28:12 

REQUIREMENTS FOR SURFACE IMPOUNDMENTS 

(Repealed. 10 SDR I 06, effective April 8, 1984) 

CHAPTER 74:28:13 

REQUIREMENTS FOR HAZARDOUS WASTE PILES 

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

CHAPTER 74:28:14 

LAND TREATMENT REQUIREMENTS 

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

CHAPTER 74:28:15 

REQUIREMENTS FOR LANDFILLS 

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

CHAPTER 74:28:16 

REQUIREMENTS FOR INCINERATORS 

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

CHAPTER 74:28:17 

REQUIREMENTS FOR THERMAL TREATMENT 

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

74:28:21 :01 

74:28:21:02 

74:28:21 :03 

CHAPTER 74:28:18 

REQUIREMENTS FOR TREATMENT FACILITIES 

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

CHAPTER 74:28:19 

REQUIREMENTS FOR UNDERGROUND IN.JECTION 

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

CHAPTER 74:28:20 

WASTE EXPLOSIVE DISPOSAL 

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

CHAPTER 74:28:21 

ADMINISTRATION 

Definitions. 

General standards for a hazardous waste management system. 

Use of term RCRA § 3008. 

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

this article have the following meanings. All references to federal regulations are those revised as 

of July I, 2008, unless otherwise specified: 

(1) "Administrator," the secretary of the Department of Environment and Natural Resources 

or a designee, except at: 

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

"hazardous waste constituent"; 

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

(c) 40 C.F.R. §§ 262.55; 262.56(a); 262.56(b); and Part 262, Appendix; 

(d) 40 C.F.R. §§ 264.12(a) and 265.12(a); 

(e) 40 C.F.R. § 268.40(b); 

(f) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," 

"regional administrator," and "state/EPA agreement"; 

(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 of the Department of Environment and Natural Resources or a 

designee; 

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

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

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

"EPA Aclmowledgment of Consent"; 

(b) Any reference to EPA in the following regulations: 

(i) 40 C.F.R. § 260. l 0, the definitions of "administrator," "EPA region," "federal 

agency," "person," and "regional administrator"; 

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

(iii) 40 C.F.R. §§ 262.32(b ); 262.51; 262.53(a); 262.53( c) to 262.53(£), inclusive; 

262.54(g)(l); and Part 262, Appendix; 

(iv) 40 C.F.R. §§ 264.11 and 265.11; 

(v) 40 C.F.R. § 268.l(e)(3); 

(vi) 40 C.F.R. §§ 270.l(a)(l); 270.l(b); 270.3; 270.5; 270.10(e)(2); 270.l l(a)(3); 

270.32(a) and (c); 270.51; 270.72(a)(5); and 270.72(b)(5); 

(vii) 40 C.F.R. § 270.2, the definitions of "administrator," "approved program or 

approved state," "director," "Environmental Protection Agency," "EPA," "final authorization," 

"permit," "person," "regional administrator," and "state/EPA agreement"; 

(viii) 40 C.F.R. § 273.32(a)(3); 

(ix) The second reference to EPA at 40 C.F.R. §§ 264.1082(c)(4)(ii) and 

265. l 083( c )( 4)(ii); 

(x) 40 C.F.R. § 260.l l(a)(l l); 

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

waste; 

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

transporter, and treatment, storage, or disposal facility; 

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

for the storage or treatment of hazardous waste and that is in operation or for which installation 

commenced on or before July 14, 1986, for HSWA tanks, as defined in subdivision (8) of this 

section, or June 7, 1989, for non-HSWA tanks, as defined in subdivision (10) of this section; 

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

except at: 

(a) 40 C.F.R. § 260.l l(b); 

(b) 40 C.F.R. § 270.6(b); 

(c) 40 C.F.R. § 270.10(e)(2); 

(d) 40 C.F.R. Part 261, Appendix X; 

( e) 40 C.F.R. Part 266, Appendices IX and X; 
(8) "HSWA tank," a tank owned or operated by a small quantity generator, a new 

underground tank, or a tank which cannot be entered for inspection; 

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

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

14, 1986, for HSWA tanks, as defined in subdivision (8) of this section, and June 7, 1989, for nonHSWA tanks, as defined in subdivision (I 0) of this section or, for the purposes of 40 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-HS WA tank," a tank which is not owned or operated by a small quantity 

generator and is either an existing underground tank or a tank that can be entered for inspection; 

(11) "Region," the state of South Dakota, at these two sections: 

(a) 40 C.F.R. § 261.4(e)(3); 

(b) 40 C.F.R. § 262.42(a)(2); 

(12) "Resource Conservation and Recovery Act," "RCRA," or any references to any sections 

of RCRA, SDCL chapter 34A-l l, the South Dakota Hazardous Waste Management Act, except at: 

(a) 40 C.F .R. § 260.10, the definition of "Act" or "RCRA"; 

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

( c) 40 C.F.R. Part 262, Appendix; 

(d) 40 C.F.R. §§ 270.l(a)(2) and 270.51; 

(e) 40 C.F.R. § 270.2, the definition of"RCRA"; 

(13) "Regional administrator," the secretary of the Depaitment of Environment and Natural 

Resources or a designee, except at: 

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

"hazardous waste constituent"; 

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

(c) 40 C.F.R. § 262.12 and Part 262, Appendix; 

(d) 40 C.F.R. § 263.11; 

(e) 40 C.F.R. §§ 264.12(a) and 265.12(a); 

(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.l l(a)(3); 

270.14(b)(20); 270.32(b)(2); and 270.51; 

(14) "Secretary," the secretary of the Department of Environment and Natural Resources or a 

designee; 

(15) "State," the state of South Dakota, except at: 

(a) 40 C.F.R. § 260. I 0, 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) Any reference 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 South Dakota State Circuit Court. 

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 I 0, 1991; 19 SDR 48, effective October 

8, 1992; 20 SDR 56, effective October 24, 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. 

General Authority: 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 SDR 44, effective September 14, 1989; 17 SDR 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 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 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 SOR 44, 

effective September 28, 2009. 

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

Law Implemented: SDCL 34A-11-9. 

74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents 

incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-1 l. 

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

General Authority: SDCL 34A-11-9. 

Law Implemented: SDCL 34A-11-9. 

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

CHAPTER 74:28:22 
Section 

74:28:22:01 

74:28:22:02 

IDENTIFICATION AND LISTING 

Identification and listing of hazardous wastes. 

Repealed. 

74:28:22:01. Identification and listing of hazardous wastes. Solid wastes which are 

subject to regulation as hazardous wastes are those identified and listed in 40 C.F.R. §§ 261.1 to 

261.41, inclusive, except 40 C.F.R. § 261.4(b)(16) and (18); and Appendixes I, VII, VIII, and IX 

(July I, 2008). In addition to these wastes, polychlorinated biphenyls in concentrations of 50 parts 

per million and above are subject to the regulations for treatment, storage, and disposal in chapter 

74:28:31. 

Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 

SDR 117, effective March!, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, 

effective September 14, 1989; 16 SDR 203, effective May 27, 1990; 17 SDR 204, effective 

July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 

SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, 

effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 

29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 

SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective 

August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 

2008; 36 SDR 44, effective September 28, 2009. 

General Authority: SDCL 34A-l l-8. 

Law Implemented: SDCL 34A-l l-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 SDR 21, effective August 28, 2002. 

CHAPTER 74:28:23 

STANDARDS FOR GENERATORS 

Section 

74:28:23:01 Standards for generators. 

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

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

are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. § 262.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 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. 

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

Law Implemented: SDCL 34A-l l-9, 34A-l l-10, 34A-l l-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. Extending the 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 

CHAPTER 74:28:24 

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 I, 2008). 

Source: IO SDR 106, effective April 8, 1984; 12 SDR 79, effective November 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 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. 

General Authority: SDCL 34A-11-9. 

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

CHAPTER 74:28:25 

TREATMENT, STORAGE, AND DISPOSAL 

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

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

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

The standards for hazardous waste treatment, storage, and disposal facilities are those in 40 C.F.R. 

§§ 264.1 to 264.1202, inclusive, except for 40 C.F.R. §§ 264.l(f), 264.l(g)(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. l 050(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, effective October 

8, 1992; 20 SDR 56, effective October 24, 1993; 21 SOR 56, effective September 29, 1994; 22 

SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SOR 11, effective 

August 5, 1997; 26 SOR 26, 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 September 28, 

2009. 

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

Law Implemented: SDCL 34A-1l-9,34A-l l-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 of waste prohibited. The placement of any bulk or 

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

underground mine, or cave is prohibited. 

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

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

Law Implemented: SDCL 34A-l l-12, 34A-11-13, 34A-l 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 of 40 C.F .R. § 264 .193 

(July 1, 2008), 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. § 270.11 ( d) (Jnly 1, 2008), that attests to the tank 

system's integrity by January 12, 1988, for HSW A tanks and September 14, 1990, for non-HSW A 

tanks. 

Tank systems that store or treat materials that become hazardous wastes subsequent to July 

14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct 

this assessment within 12 months after the date that the waste becomes a hazardous waste. 

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

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

approvals or permits necessary to begin physical construction of the site or installation of the tank 

system and if either (1) a continuous on-site physical construction or installation program has 

begun, or (2) the owner or operator has entered into contractual obligations, which cannot be 

canceled or modified without substantial loss, for physical construction of the site or installation of 

the tank system to be completed within one year. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 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. 

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

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

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(£) 

and (g) (July 1, 2008), as follows: 

(1) For all new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, fornon-HSWA tanks; 

(3) For those existing tank systems of known and documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 
( 4) For those existing tank systems for which the age cannot be documented, within eight 

years after January 12, 1987, for HSWA tanks and within eight years after September 14, 1989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 

12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

(5) For tank systems that store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSW A tanks and September 14, 1989, for non-HSW A tanks, within the time 

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

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

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

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009. 

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

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

74:28:25:05. Definition of new and existing drip pads for certain wood preserving 

wastes. The requirements of 40 C.F.R. Part 264, Subpart W (July I, 2008) apply to owners and 

operators of facilities that use new or existing drip pads to convey treated wood drippage, 

precipitation, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into before December 6, 1990, binding financial or other agreements for construction. For EPA 

hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before 

July 7, 1992, and those for which the owner or operator has a design and has entered into before 

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

drip pads. 

For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 264.573(b)(3) 

(July 1, 2008) to install a leak collection system applies only to those drip pads that are constructed 

after December 24, 1992, for which the owner or operator has a design and has entered into before 

December 24, 1992, binding financial or other agreements for construction. For EPA hazardous 

waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 264.573(b)(3) (July 1, 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 

September 29, 1994, binding financial or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009. 
General Authority: SDCL 34A-l 1-9. 

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

Section 

74:28:26:01 

CHAPTER 74:28:26 

PERMIT REQUIREMENTS 

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

74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The 

requirements to permit a treatment, storage, or disposal facility are those in 40 C.F.R. §§ 270.l to 

270.320, inclusive, except§§ 270.l(c)(2)(ix) and 270.14(b)(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 

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

The requirements for a preapplication public meeting and notice found in 40 C.F.R. § 124.31 

(July 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 seeking renewal of permits if the renewal application is proposing a significant change 

in facility operations. A significant change to a hazardous waste permit is any change that is 

considered a Class 3 permit modification under 40 C.F.R. § 270 (July I, 2008). A significant 

change to a standardized permit is defined at§ 124.21 l(c) (July 1, 2008). The requirements of this 

paragraph for a preapplication public meeting and notice do not apply to hazardous waste permit 

applications or permit modifications that are submitted for the sole purpose of conducting postclosure activities or post-closure activities and corrective action at a facility. 

The requirements for public notice at the application stage found in 40 C.F.R. § 124.32 (July 

1, 2008) apply to all hazardous waste permit applications seeking initial permits for hazardous 

waste management units and to applications seeking renewal of permits for such units under 40 

C.F .R. § 270.51 (July 1, 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 corrective action 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 SDR 79, 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, 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. 

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

Law Implemented: 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 

CHAPTER 74:28:27 

MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 

Requirements for the management of specific hazardous wastes. 

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

except 40 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 of the 

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

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July I, 

1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, 

effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 

September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 

SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, 

effective September 28, 2009. 

General Authority: SDCL 34A-11-9. 

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

CHAPTER 74:28:28 

INTERIM STATUS STANDARDS FOR FACILITIES 
Section 

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. 

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. 

The interim status standards for hazardous waste treatment, storage, and disposal facilities are 

those in 40 C.F.R. § 144.l(h); §§ 265.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); and Appendixes I, III, IV, V, and VI (July 1, 2008). 

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July I 0, 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. 

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

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

Cross-Reference: Special requirements for landfills and surface impoundments, 

§ 74:28:34:01. 

74:28:28:02. Underground placement of waste prohibited. The placement of any 

hazardous waste in an interim status facility that is also a salt dome, salt bed formation, 

underground mine or cave is prohibited. 

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

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

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

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

does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193 (July I, 

2008), 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. § 270.11 ( d) (July 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 12 months after the date that the wastes become a hazardous waste. 

Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009. 

General Authority: SDCL 34A-11-9. 

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

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265. l 93(f) 

and (g) (July 1, 2008) as follows: 

( 1) For all new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, for non-HSWA tanks; 

(3) For those existing tank systems of known or documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 

(4) For those existing tank systems for which the age cam10t be documented, within eight 

years after January 12, 1987, for HSWA tanks and within eight years after September 14, 1989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 

12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

(5) For tank systems that store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

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

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

September 14, 1989, for non-HSWA tanks. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 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. 

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 of 40 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, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into binding financial or other agreements for construction prior to December 6, 1990. For EPA 

hazardous waste numbers F034 and F03 5 wastes, existing drip pads are those constructed before 

July 7, 1992, and those for which the owner or operator has a design and has entered into before 

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

drip pads. 

For EPA hazmdous waste number F032 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) 

(July 1, 2008) to install a leak collection system applies only to those drip pads that are constructed 

after December 24, 1992, for which the owner or operator has a design and has entered into before 

December 24, 1992,binding financial agreements for construction. For EPA hazardous waste 

numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) (July !, 2008) to 

install a leak collection system applies only to 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, binding financial or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 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 

SDR 44, effective September 28, 2009. 

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

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

CHAPTER 74:28:29 

INTERIM STATUS FOR EXISTING SURFACE IMPOUNDMENTS 

Section 

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

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

existence on November 8, 1984, or which become subject to the requirements in§ 3005G)(6)(A) or 

(B) of the Resource Conservation and Recovery Act as amended through January 1, 1989, must 

comply with the double liner, leachate collection, and groundwater requirements applicable to new 

units by November 8, 1988, or by the date specified in§ 3005Q)(6)(A) or (B) or must 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 under chapter 74:28:28. 
Source: 15 SDR 177, effective June 1, 1989. 

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

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

Section 

74:28:30:01 

CHAPTER 74:28:30 

LAND DISPOSAL RESTRICTIONS 

Land disposal restrictions. 

74:28:30:01. Land disposal restrictions. The requirements for hazardous wastes that are 

restricted from land disposal are those in 40 C.F.R. §§ 268.1 to 268.4, inclusive; 40 C.F.R. 

§§ 268.7 to 268.50, inclusive, except 40 C.F.R. §§ 268.10, 268.11, 268.12, 268.13, 268.42(b) and 

268.44; and Appendixes III, IV, VI, VII, VIIJ, IX, and XI (July 1, 2008). 

Source: 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 

SDR 48, effective October 8, l 992; 20 SDR 56, effective October 24, 1993; 2 l SDR 56, effective 

September 29, l 994; 22 SDR 43, effective October 2, l 995; 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. 

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

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

CHAPTER 74:28:31 

POLYCHLORINATED BIPHENYL 

General. 

Prohibitions. 

Marking of PCBs and PCB items. 

Disposal requirements. 

Storage for disposal. 

Incineration. 

Decontamination. 

Chemical waste landfills. 

PCB spill cleanup policy. 

Records and reports. 

Notification. 

Inspection and enforcements. 
74:28:31:01. General. The definitions and references for PCBs and PCB items are those in 

40 C.F.R. §§ 761.3 to 761.19, inclusive (July 1, 1988), as they apply to the treatment, storage, and 

disposal of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-l l-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 applies to the treatment, storage, and disposal of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

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

74:28:31:03. Marking of PCBs and PCB items. The requirements for marking of PCBs 

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 of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-l l-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 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-l l-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 applies to the treatment, storage, and disposal ofPCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

General Authority: SDCL 34A-11-9. 

Law Implemented: SDCL 34A-l l-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 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 may have a significant 

effect on the environment. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-9-4, 34A-l l-l.1. 
Cross-Reference: Contents of environmental impact statement, SDCL 34A-9-7. 

74:28:31:07. Decontamination. The decontamination requirements are those in 40 C.F.R. § 

761.79 (July 1, 1988), as it applies to the treatment, storage, and disposal of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-1 l-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 may have a significant effect on the environment. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-9-4, 34A-l l-l.l. 

Cross-Reference: Contents of environmental impact statement, SDCL 34A-9-7. 

74:28:31 :09. PCB spill cleanup policy. The PCB spill cleanup policy is 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 of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

Law Implemented: SDCL 34A-l l-I. l. 

74:28:31:10. Records and reports. The records and reports required are those in 40 C.F.R. 

§ 761.180(July1, 1988), as it applies to the treatment, storage, and disposal of PCBs. 

Source: 16 SDR 203, effective May 27, 1990. 

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

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

74:28:31:11. Notification. Any person who provides notification to the environmental 

protection agency of PCB activities shall also provide a copy of the notification to the secretary. 

Source: 16 SDR 203, effective May 27, 1990. 

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

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

74:28:31:12. Inspections and enforcement. In order to determine whether a facility is 

complying with this chapter, the secretary or a designee may: 
(1) Enter and have access during normal hours of operation to any facility handling PCBs 

and PCB items; 

(2) Inspect and obtain samples of any PCBs and PCB items located at the facility. A receipt 

for any sample and a copy of any analysis performed shall be provided to the owner or operator of 

the facility; and 

(3) Inspect and copy records relating to any PCB handling at the facility. 

The purpose of such an inspection is to ensure compliance with this chapter. If the inspection 

discloses a violation of this chapter, the secretary may issue a notice of violation to the owner or 

operator under SDCL 34A-11-17 or may proceed m1der SDCL 34A-1l-l9 and 34A-l l-20, or both. 

Source: 16 SDR 203, effective May 27, 1990. 

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

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

CHAPTER 74:28:32 

TOXIC CLEANUP DAY 

(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-l l-4.l. 

Section 

74:28:33:01 

CHAPTER 74:28:33 

MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE 

Management of universal hazardous waste. 

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

of universal hazardous waste are those in 40 C.F.R. §§ 273.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 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. 

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

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

CHAPTER 74:28:34 
SPECIAL REQUIREMENTS FOR LANDFILLS AND SURFACE IMPOUNDMENTS 

Section 

74:28:34:01 Exposure information from 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 a minimum, such information must 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 

transportation to or from these facilities; 

(2) The potential pathways of human exposure to hazardous wastes or constituents resulting 

from these releases; 

(3) The potential magnitude and nature of the human exposure resulting from such releases; 

and 

( 4) Other relevant information. 

The secretary shall make available this information to the Agency for Toxic Substances and 

Disease Registry. The secretary may request the administrator of the Agency for Toxic Substances 

and Disease Registry to 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, effective August 5, 1997. 

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

Law Implemented: SDCL 34A-l l-12, 34A-l l-13, 34A-11-16. 

Cross-References: 

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

Requirements to permit a treatment, 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 

Department of Health and Human Services. 
South Dakota Hazardous Waste Rules 

ARSD 74:28 

Effective October 18, 2011 
Chapter 

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 of hazardous waste, Repealed. 

Standards for generators, Repealed. 

Standards for transporters, Repealed. 

General requirements for TSD facilities, Repealed. 

Manifest system for TSD facilities, Repealed. 

Records and reports for TSD facilities, Repealed. 

Groundwater monitoring for TSD facilities, Repealed. 

TSD facility closure, Repealed. 

Container requirements, Repealed. 

Requirements for tanks, Repealed. 

Requirements for surface impoundments, Repealed. 

Requirements for hazardous waste piles, Repealed. 

Land treatment requirements, Repealed. 

Requirements for landfills, Repealed. 

Requirements for incinerators, Repealed. 

Requirements for thermal treatment, Repealed. 

Requirements for treatment facilities, Repealed. 

Requirements for underground injection, Repealed. 

Waste explosive disposal, Repealed. 

Administration. 

Identification and listing. 

Standards for generators. 

Standards for transporters. 

Treatment, storage, and disposal. 

Permit requirements. 

Management of specific hazardous wastes. 

Interim status standards for facilities. 

Interim status for existing surface impoundments. 

Land disposal restrictions. 

Polychlorinated biphenyl, Deleted. 

Toxic cleanup day, Executed. 

Management of universal hazardous waste. 

Special requirements for landfills and surface impoundments. 

CHAPTER 74:28:01 

ADMINISTRATION 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:02 

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

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

CHAPTER 74:28:03 

ST AND ARDS FOR GENERA TORS 

(Repealed. 10 SDR I 06, effective April 8, 1984) 

CHAPTER 74:28:04 

ST AND ARDS FOR TRANSPORTERS 

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

CHAPTER 74:28:05 

GENERAL REQUIREMENTS FOR TSD FACILITIES 

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

CHAPTER 74:28:06 

MANIFEST SYSTEM FOR TSD FACILITIES 

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

CHAPTER 74:28:07 

RECORDS AND REPORTS FOR TSD FACILITIES 

(Repealed. l 0 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:08 

GROUNDWATER MONITORING FOR TSD FACILITIES 

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

CHAPTER 74:28:09 

TSD FACILITY CLOSURE 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:10 

CONTAINER REQUIREMENTS 

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

CHAPTER 74:28:11 

REQUIREMENTS FOR TANKS 

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

CHAPTER 74:28:12 

REQUIREMENTS FOR SURFACE IMPOUNDMENTS 

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

CHAPTER 74:28:13 

REQUIREMENTS FOR HAZARDOUS WASTE PILES 

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

CHAPTER 74:28:14 

LAND TREATMENT REQUIREMENTS 

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

CHAPTER 74:28:15 

REQUIREMENTS FOR LANDFILLS 

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

CHAPTER 74:28:16 

REQUIREMENTS FOR INCINERATORS 

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

CHAPTER 74:28:17 

REQUIREMENTS FOR THERMAL TREATMENT 

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

74:28:21 :01 

74:28:21 :02 

74:28:21:03 

CHAPTER 74:28:18 

REQUIREMENTS FOR TREATMENT FACILITIES 

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

CHAPTER 74:28:19 

REQUIREMENTS FOR UNDERGROUND INJECTION 

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

CHAPTER 74:28:20 

WASTE EXPLOSIVE DISPOSAL 

(Repealed. I 0 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:21 

ADMINISTRATION 

Definitions. 

General standards for a hazardous waste management system. 

Use of term RCRA § 3008. 

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

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

those revised as of July 1, 20 I 0, unless otherwise specified: 

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

or a designee, except at: 

(a) 40 C.F.R. § 260. I 0, the definitions of "administrator," "regional administrator," and 

"hazardous waste constituent"; 

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

(c) 40 C.F.R. §§ 262.55; 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.IO(e)(2), (3), and (4); 270.JO(f) and (g); 270.l l(a)(3); 

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

designee; 

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

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

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

"EPA Acknowledgment of Consent"; 

(b) Any reference to EPA in the following regulations: 

(i) 40 C.F.R. § 260. l 0, the definitions of "administrator," "EPA region," "federal 

agency," "person," and "regional administrator";· 

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

(iii) 40 C.F.R. §§ 262.21; 262.32(b); 262.51; 262.53(a); 262.53(c) to 262.53(f), 

inclusive; 262.54(g)(l ); and Part 262, Appendix; 

(iv) 40 C.F.R. §§ 264.11and265.11; 

(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, or disposal facility; 

(6) "Existing hazardous waste management facility" or "existing facility," a facility that was 

in operation or for which construction commenced on or before November 19, 1980, for HSW A 

facilities, or before April 8, 1984, for non-HSWA facilities; 

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

for the storage or treatment of hazardous waste and that is in operation or for which installation 

commenced on or before July 14, 1986, for HSWA tanks, as defined in subdivision (9) of this 

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

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

except at: 

(a) 40 C.F.R. § 260.l l(a) and (b); 

(b) 40 C.F.R. § 270.6(a) and (b); 

(c) 40 C.F.R. § 270.10(e)(2); 
(d) 40 C.F.R. Part 261, Appendix IX; 

(e) 40 C.F.R. Part 266, Appendix IX; 

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

underground tank, or a tank which cannot be entered for inspection; 

(10) "New hazardous waste management facility" or "new facility," a facility that began 

operation, or for which construction commenced, after November 19, 1980, for HSW A facilities, 

and April 8, 1984, for non-HS WA facilities; 

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

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

14, 1986, for HSWA tanks, as defined in subdivision (9) of this section, and June 7, 1989,for nonHSW A tanks, as defined in subdivision (12) of this section or, for the purposes of 40 C.F.R. 

§ 264.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 

generator and is either an existing underground tank or a tank that can be entered for inspection; 

(13) "Region," the state of South Dakota, at these two sections: 

(a) 40 C.F.R. § 261.4(e)(3); 

(b) 40 C.F.R. § 262.42(a)(2); 

(14) "Resource Conservation and Recovery Act," "RCRA," or any references to any sections 

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

(a) 40 C.F.R. § 260. l 0, the definition of "Act" or "RCRA"; 

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

( c) 40 C.F.R. Part 262, Appendix; 

(d) 40 C.F.R. §§ 270. l(a)(2) and 270.51; 

(e) 40 C.F.R. § 270.2, the definition of"RCRA"; 

(15) "Regional administrator," the secretary of the Department of Environment and Natural 

Resources or a designee, except at: 

(a) 40 C.F.R. § 260. l 0, the definitions of "administrator," "regional administrator," and 

"hazardous waste constituent"; 

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

(c) 40 C.F.R. § 262.12 and Part 262, Appendix; 

(d) 40 C.F.R. § 263.11; 

(e) 40 C.F.R. §§ 264.12(a) and 265.12(a); 

(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.l l(a)(3); 

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

designee; 

(17) "State," the state of South Dakota, except at: 

(a) 40 C.F.R. § 260. l 0, 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 11 stateu; 

(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 I 06, effective April 8, 1984; 11 SDR 44, 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, effective October 

8, 1992; 20 SDR 56, effective October 24, 1993; 24 SDR 11, effective August 5, 1997; 26 SDR 26, 

effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 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 September 28, 2009; 38 SDR 58, effective October 18, 2011. 

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

Law Implemented: SDCL 34A-l 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, except 40 C.F.R. §§ 260.30(d) and (e), 

260.33(c), and 260.34 (July 1, 2010), constitute the general hazardous waste management system. 

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July I 0, 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. 

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

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

74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents 

incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-l l. 
Source: 24 SDR 11, effective August 5, 1997. 

General Authority: SDCL 34A-11-9. 

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

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

Section 

74:28:22:01 

74:28:22:02 

CHAPTER 74:28:22 

IDENTIFICATION AND LISTING 

Identification and listing of hazardous wastes. 

Repealed. 

74:28:22:01. Identification and listing of hazardous wastes. Solid wastes which are 

subject to regulation as hazardous wastes are those identified and listed in 40 C.F.R. §§ 261.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 of 50 parts 

per million and above are subject to the regulations for treatment, storage, and disposal in chapter 

74:28:31. 

Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 

SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, 

effective September 14, 1989; 16 SDR 203, effective May 27, 1990; 17 SDR 204, effective 

July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 

SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 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 

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. 

General Authority: SDCL 34A-l l-8. 

Law Implemented: SDCL 34A-l l-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 SDR 21, effective August 28, 2002. 

Section 

74:28:23:01 

CHAPTER 74:28:23 

STANDARDS FOR GENERATORS 

Standards for generators. 
74:28:23:02 to 74:28:23:04 Repealed. 

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

are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. § 262.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 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, l 993; 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. 

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

Law Implemented: SDCL 34A-1l-9,34A-l l-10, 34A-l l-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. Extending the 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 

CHAPTER 74:28:24 

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 SOR 48, effective October 

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, 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 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 SOR 58, effective October 18, 2011. 

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

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

Section 

74:28:25:01 

74:28:25:02 

74:28:25:03 

74:28:25:04 

74:28:25:05 

CHAPTER 74:28:25 

TREATMENT, STORAGE, AND DISPOSAL 

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

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

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

The standards for hazardous waste treatment, storage, and disposal facilities are those in 40 C.F.R. 

§§ 264.1 to 264.1202, inclusive, except for 40 C.F.R. §§ 264.l(f), 264.l(g)(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, 20 I 0). 

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 SOR 48, effective October 

8, 1992; 20 SOR 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 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 September 28, 

2009; 38 SDR 58, effective October 18, 2011. 

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

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

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

§ 74:28:34:01. 
74:28:25:02. Underground placement of waste prohibited. The placement of any bulk or 

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

underground mine, or cave is prohibited. 

Source: 19 SDR 48, effective October 8, l 992. 

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

Law Implemented: SDCL 34A-l l-12, 34A-l l-13, 34A-l 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 of 40 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.l l(d) (July I, 2010), that attests to the tank 

system's integrity by January 12, 1988, for HSW A tanks and September 14, 1990, for non-HSW A 

tanks. 

Tank systems that store or treat materials that become hazardous wastes subsequent to July 

14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct 

this assessment within 12 months after the date that the waste becomes a hazardous waste. 

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

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

approvals or permits necessary to begin physical construction of the site or installation of the tank 

system and if either (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 of the site or installation of 

the tank system to be completed within one year. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September l, 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. 

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

Law Implemented: SDCL 34A-l l-12, 34A-l 1-l3, 34A-1 l-14. 

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(1) 

and (g) (July I, 2010), as follows: 

(I) For all new tank systems or components, before they are put into service; 
(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, for non-HSWA tanks; 

(3) For those existing tank systems of known and documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 

(4) For those existing tank systems for which the age cannot be docnmented, within eight 

years after January 12, 1987, for HSW A tanks and within eight years after September 14, l 989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 

12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

( 5) For tank systems that store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

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

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

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

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 3 l SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SOR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. 

General Authority: SDCL 34A-11-9. 

Law Implemented: SDCL 34A-1l-l2,34A-l 1-13, 34A-l I-l4. 

74:28:25:05. Definition of new and existing drip pads for certain wood preserving 

wastes. The requirements of 40 C.F.R. Part 264, Subpart W (July 1, 2010) apply to owners and 

operators of facilities that use new or existing drip pads to convey treated wood drippage, 

precipitation, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into before December 6, 1990, binding financial or other agreements for construction. For EPA 

hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before 

July 7, 1992, and those for which the owner or operator has a design and has entered into before 

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

drip pads. 

For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 264.573(b)(3) 

(July 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 after 
September 29, 1994, for which the owner or operator has a design and has entered into before 

September 29, 1994, binding financial or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. 

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

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

Section 

74:28:26:01 

CHAPTER 74:28:26 

PERMIT REQUIREMENTS 

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

74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The 

requirements to permit a treatment, storage, or disposal facility are those in 40 C.F.R. §§ 270.1 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, 20 IO); and 40 C.F.R. §§ 144.31 (g)(l) to (3), inclusive (July l, 1992). Any interested person 

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

The requirements for a preapplication public meeting and notice found in 40 C.F.R. § 124.31 

(July 1, 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 seeking renewal of permits if the renewal application is proposing a significant change 

in facility operations. A significant change to a hazardous waste permit is any change that is 

considered a Class 3 permit modification under 40 C.F.R. § 270 (July 1, 2010). A significant 

change to a standardized permit is defined at§ 124.21 l(c) (July 1, 2010). The requirements of this 

paragraph for a preapplication public meeting and notice do not apply to hazardous waste permit 

applications or permit modifications that are submitted for the sole purpose of conducting postclosure activities or post-closure activities and corrective action at a facility. 

The requirements for public notice at the application stage found in 40 C.F.R. § 124.32 (July 

1, 2010) apply to all hazardous waste permit applications seeking initial permits for hazardous 

waste management units and to applications seeking renewal of permits for such units under 40 

C.F.R. § 270.51(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, 20 l 0) or applications submitted for the sole purpose of conducting post-closure activities or 

post-closure and corrective action at a facility. 
The requirement for an information repository found in 40 C.F.R. § 124.33 (July 1, 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 

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. 

General Authority: SDCL 34A-11-9. 

Law Implemented: SDCL 34A-l 1-9, 34A-l 1-12, 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 

CHAPTER 74:28:27 

MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 

Requirements for the management of specific hazardous wastes. 

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

requirements for the management of specific hazardous wastes and specific types of hazardous 

waste management facilities are those in 40 C.F.R. §§ 266.20 to 266.360, inclusive, and 

Appendixes I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, and XIII and§§ 279. l to 279.82, inclusive, 

except 40 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 of the 

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

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, 

effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 

September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 200 I; 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. 
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 FOR FACILITIES 

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

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. 

The interim status standards for hazardous waste treatment, storage, and disposal facilities are 

those in 40 C.F.R. § 144.l(h); §§ 265.1 to 265.1202, inclusive, except 40 C.F.R. §§ 265.l(c)(4), 

265.l(c)(l5), 265.18, 265.149, 265.150, 265.191(a) and (c), 265.193(a), 265.440(a), 265.1030(c), 

265.1050(!), and 265.1080(e), (f), and (g); and Appendixes I, III, IV, V, and VI (July 1, 2010). 

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SOR 141, effective July 1, 

1987; 16 SOR 44, 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 SOR 24, effective August 29, 2001; 29 SDR 21, 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 September 28, 2009; 38 SDR 58, effective October 18, 2011. 

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

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

Cross-Reference: Special requirements for landfills and surface impoundments, 

§ 74:28:34:01. 

74:28:28:02. Underground placement of waste prohibited. The placement of any 

hazardous waste in an interim status facility that is also a salt dome, salt bed formation, 

underground mine or cave is prohibited. 

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

General Authority: SDCL 34A-l 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 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.l l(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 after the date that the wastes become a hazardous waste. 

Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, I 999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September I, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. 

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

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

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265. I 93(f) 

and (g) (July 1, 2010) as follows: 

(1) For all new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, for non-HSWA tanks; 

(3) For those existing tank systems of known or documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 

(4) For those existing tank systems for which the age cannot be documented, within eight 

years after January 12, 1987, for HSWA tanks and within eight years after September 14, 1989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 

12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

(5) For tank systems that store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

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

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

September 14, 1989, for non-HSW A tanks. 
Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31SDR23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011. 

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

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

74:28:28:05. Definition of new and existing drip pads for certain wood preserving 

wastes. The requirements of 40 C.F.R. Part 265, Subpart W (July 1, 2010) apply to owners and 

operators of facilities that use new or existing drip pads to convey treated wood drippage, 

precipitation, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into binding financial or other agreements for construction prior to December 6, 1990. For EPA 

hazardous waste numbers F034 and 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. § 265.443(b)(3) 

(July!, 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 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 or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, l 999; 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. 

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

Law Implemented: SDCL 34A-l l-9, 34A-l l-10, 34A-l l-12, 34A-l l-!6. 

CHAPTER 74:28:29 

INTERIM STATUS FOR EXISTING SURFACE IMPOUNDMENTS 

Section 

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

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

(B) of the Resource Conservation and Recovery Act as amended through January 1, 1989, must 

comply with the double liner, leachate collection, and groundwater requirements applicable to new 

units by November 8, 1988, or by the date specified in § 3005(j)(6)(A) or (B) or must stop treating, 

receiving, or storing hazardous waste unless the surface impoundment qualifies for a special 

exemption specified in § 3005(j). These surface impoundments must comply with all applicable 

regulations under chapter 74:28:28. 

Source: 15 SDR 177, effective June 1, 1989. 

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

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

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

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

CHAPTER 74:28:31 

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 Bi phenyl was repealed by SL 2012, ch 215, § 32, thus the rules are deemed 

obsolete by operation of law. 

CHAPTER 74:28:32 

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-l l-4.I. 

Section 

74:28:33:01 

CHAPTER 74:28:33 

MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE 

Management of universal hazardous waste. 

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

of universal hazardous waste are those in 40 C.F.R. §§ 273.1to273.81, 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 SDR 21, effective August 28, 2002; 30 SDR 26, 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-l l-9. 

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

CHAPTER 74:28:34 

SPECIAL REQUIREMENTS FOR LANDFILLS 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 a minimum, 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 

transportation to or from these facilities; 

(2) The potential pathways of human exposure to hazardous wastes or constituents resulting 

from these releases; 

(3) The potential magnitude and nature of the human exposure resulting from such releases; 

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 of the 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-l l-9. 

Law Implemented: SDCL 34A-l l-l2, 34A-l l-13, 34A-l l-16. 

Cross-References: 

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

Requirements to permit a treatment, 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 

Department of Health and Hnman Services. 
South Dakota Hazardous Waste Rules 

ARSD 74:28 

Effective October 10, 2013 
Chapter 

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 of hazardous waste, Repealed. 

Standards for generators, Repealed. 

Standards for transporters, Repealed. 

General requirements for TSD facilities, Repealed. 

Manifest system for TSD facilities, Repealed. 

Records and reports for TSD facilities, Repealed. 

Groundwater monitoring for TSD facilities, Repealed. 

TSD facility closure, Repealed. 

Container requirements, Repealed. 

Requirements for tanks, Repealed. 

Requirements for surface impoundments, Repealed. 

Requirements for hazardous waste piles, Repealed. 

Land treatment requirements, Repealed. 

Requirements for landfills, Repealed. 

Requirements for incinerators, Repealed. 

Requirements for thermal treatment, Repealed. 

Requirements for treatment facilities, Repealed. 

Requirements for underground injection, Repealed. 

Waste explosive disposal, Repealed. 

Administration. 

Identification and listing. 

Standards for generators. 

Standards for transporters. 

Treatment, storage, and disposal. 

Permit requirements. 

Management of specific hazardous wastes. 

Interim status standards for facilities. 

Interim status for existing surface impoundments. 

Land disposal restrictions. 

Polychlorinated biphenyl, Deleted. 

Toxic cleanup day, Executed. 

Management of universal hazardous waste. 

Special requirements for landfills and surface impoundments. 

CHAPTER 74:28:01 

ADMINISTRATION 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:02 

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

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

CHAPTER 74:28:03 

ST AND ARDS FOR GENERA TORS 

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

CHAPTER 74:28:04 

STANDARDS FOR TRANSPORTERS 

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

CHAPTER 74:28:05 

GENERAL REQUIREMENTS FOR TSD FACILITIES 

(Repealed. I 0 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:06 

MANIFEST SYSTEM FOR TSD FACILITIES 

(Repealed. I 0 SDR I 06, effective April 8, 1984) 

CHAPTER 74:28:07 

RECORDS AND REPORTS FOR TSD FACILITIES 

(Repealed. I 0 SDR 106, effective April 8, 1984) 

CHAPTER 74:28:08 

GROUNDWATER MONITORING FOR TSD FACILITIES 

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

CHAPTER 74:28:09 

TSD FACILITY CLOSURE 

(Repealed. 10 SDR 106, effective April 8, 1984) 
CHAPTER 74:28:10 

CONTAINER REQUIREMENTS 

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

CHAPTER 74:28:11 

REQUIREMENTS FORT ANKS 

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

CHAPTER 74:28:12 

REQUIREMENTS FOR SURFACE IMPOUNDMENTS 

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

CHAPTER 74:28:13 

REQUIREMENTS FOR HAZARDOUS WASTE PILES 

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

CHAPTER 74:28:14 

LAND TREATMENT REQUIREMENTS 

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

CHAPTER 74:28:15 

REQUIREMENTS FOR LANDFILLS 

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

CHAPTER 74:28:16 

REQUIREMENTS FOR INCINERATORS 

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

CHAPTER 74:28:17 

REQUIREMENTS FOR THERMAL TREATMENT 

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

74:28:21:01 

74:28:21 :02 

74:28:21:03 

CHAPTER 74:28:18 

REQUIREMENTS FOR TREATMENT FACILITIES 

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

CHAPTER 74:28:19 

REQUIREMENTS FOR UNDERGROUND INJECTION 

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

CHAPTER 74:28:20 

WASTE EXPLOSIVE DISPOSAL 

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

CHAPTER 74:28:21 

ADMINISTRATION 

Definitions. 

General standards for a hazardous waste management system. 

Use of term RCRA § 3008. 

74:28:21:0l. Definitions. Terms used in the federal rules which are adopted by reference in 

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

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

(1) "Administrator," the secretary of the Department of Environment and Natural Resources 

or a designee, except at: 

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

"hazardous waste constituent"; 

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

(c) 40 C.F.R. §§ 262.55; 262.56(a); 262.56(b); and Part 262, Appendix; 

(d) 40 C.F.R. §§ 264.12(a) and 265.12(a); 

(e) 40 C.F.R. § 268.40(b); 

(f) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," 

"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.l l(a)(3); 

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

designee; 

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

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

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

"EPA Acknowledgment of Consent"; 

(b) Any reference to EPA in the following regulations: 

(i) 40 C.F.R. § 260.10, the definitions of "administrator," "EPA region," "federal 

agency," "person," and "regional administrator"; 

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

(iii) 40 C.F.R. §§ 262.21; 262.32(b); 262.51; 262.53(a); 262.53(c) to 262.53(f), 

inclusive; 262.54(g)(l ); and Part 262, Appendix; 

(iv) 40 C.F.R. §§ 264.11and265.11; 

(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. l 083( c )( 4)(ii); 

(x) 40 C.F.R. § 260.ll(a); 

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

waste; 

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

transporter, and treatment, storage, or disposal facility; 

(6) "Existing hazardous waste management facility" or "existing facility," a facility that was 

in operation or for which construction commenced on or before November 19, 1980, for HSWA 

facilities, or before April 8, 1984, for non-HSWA facilities; 

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

for the storage or treatment of hazardous waste and that is in operation or for which installation 

commenced on or before July 14, 1986, for HSWA tanks, as defined in subdivision (9) of this 

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

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

except at: 

(a) 40 C.F.R. § 260.l l(a) and (b); 

(b) 40 C.F.R. § 270.6(a) and (b); 

(c) 40 C.F.R. § 270.10(e)(2); 
( d) 40 C.F .R. Part 261, Appendix IX; 

(e) 40 C.F.R. Part 266, Appendix IX; 

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

underground tank, or a tank which cannot be entered for inspection; 

(10) "New hazardous waste management facility" or "new facility," a facility that began 

operation, or for which construction commenced, after November 19, 1980, for HSWA facilities, 

and April 8, 1984, for non-HSW A facilities; 

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

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

14, 1986, for HSWA tanks, as defined in subdivision (9) of this section, and June 7, 1989, for nonHSW A tanks, as defined in subdivision (12) of this section or, for the purposes of 40 C.F.R. 

§ 264.l 93(g)(2) (July 1, 2012) and 40 C.F.R. § 265. l 93(g)(2) (July 1, 2012), for which 

construction commenced after July 14, 1986, for HSWA tanks and June 7, 1989, for non-HSWA 

tanks; 

(12) "Non-HSWA tank," a tank which is not owned or operated by a small quantity 

generator and is either an existing underground tank or a tank that can be entered for inspection; 

(13) "Region," the state of South Dakota, at these two sections: 

(a) 40 C.F.R. § 261.4(e)(3); 

(b) 40 C.F.R. § 262.42(a)(2); 

(14) "Resource Conservation and Recovery Act," "RCRA," or any references to any sections 

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

(a) 40 C.F.R. § 260.10, the definition of"Act" or "RCRA"; 

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

(c) 40 C.F.R. Part 262, Appendix; 

(d) 40 C.F.R. §§ 270.l(a)(2) and 270.51; 

(e) 40 C.F.R. § 270.2, the definition of"RCRA"; 

(15) "Regional administrator," the secretary of the Department of Environment and Natural 

Resources or a designee, except at: 

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

"hazardous waste constituent"; 

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

(c) 40 C.F.R. § 262.12 and Pait 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; 270.10(e)(2) and (4); 270.lO(f) and (g); 270.l l(a)(3); 

270. l 4(b )(20); 270.32(b )(2); and 270.51; 
(16) "Secretary," the secretaiy of the Department of Environment and Natural Resources or a 

designee; 

(17) "State," the state of South Dakota, except at: 

(a) 40 C.F.R. § 260.10, the definitions of"person," "state," and "United States"; 

(b) 40 C.F.R. §§ 264.143(e)(l); 265.143(d)(l); 264.145(e)(l); 265.145(d)(l); 

264.147(a)(l)(ii), (b)(l)(ii), (g)(2), and (i)(4); and 265.147(g)(2) and (i)(4); and 

(c) 40 C.F.R. § 270.2, the definitions of "approved program or approved State," 

"director," "final authorization," "interim authorization," "person," and "state"; 

(18) Any reference to 40 C.F.R. § 124.15 should be replaced with§ 124.5 at the following 

locations:§§ 264.1030(c), 264.lOSO(c), 264.1080(c), and 265.1080(c); 

(19) "EPA Environmental Appeals Board," the South Dakota State Circuit Court. 

Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, effective September 30, 1984; 13 

SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 

8, 1992; 20 SDR 56, effective October 24, 1993; 24 SDR 11, effective August 5, 1997; 26 SDR 26, 

effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 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 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, 

effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 

September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 

SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, 

effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective 

October 10, 2013. 

General Authority: SDCL 34A-11-9. 

Law Implemented: SDCL 34A-l 1-9. 
74:28:21 :03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents 

incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-l 1. 

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

General Authority: 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 

CHAPTER 74:28:22 

IDENTIFICATION AND LISTING 

Identification and listing of hazardous wastes. 

Repealed. 

74:28:22:01. Identification and listing of hazardous wastes. Solid wastes which are 

subject to regulation as hazardous wastes are those identified and listed in 40 C.F.R. §§ 261.1 to 

261.41, inclusive, 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 chapter 74:28:31. 

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 

SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective 

August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 

2008; 36 SDR 44, effective September 28, 2009; 40 SDR 61, effective October 10, 2013. 

General Authority: SDCL 34A-l l-8. 

Law Implemented: SDCL 34A-l l-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 SDR 21, effective August 28, 2002. 

CHAPTER 74:28:23 

STANDARDS FOR GENERA TORS 
Section 

74:28:23:01 Standards for generators. 

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

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

are those in 40 C.F.R. §§ 262.10 to 262.70, inclusive, except 40 C.F.R. § 262.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 SDR 44, effective September 14, 1989; 17 SDR 204, effective 

July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56. effective October 24, 1993; 21 

SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, 

effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 

29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 

SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective 

August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 

2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 

61, effective October 10, 2013. 

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

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

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. Extending the 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 

CHAPTER 74:28:24 

ST AND ARDS FOR TRANSPORTERS 

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, effective November 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 SDR 48, effective October 

8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 

SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective 

August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 

28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, 

effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective 

September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 

2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. 

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

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

CHAPTER 74:28:25 

TREATMENT, STORAGE, AND DISPOSAL 

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

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

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

The standards for hazardous waste treatment, storage, and disposal facilities are those in 40 C.F.R. 

§§ 264.1 to 264.1202, inclusive, except for 40 C.F.R. §§ 264.l(f), 264.l(g)(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 SDR 79, effective November 11, 1985; 13 

SDR 117, effective March l, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, 

effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 

8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 

SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective 

August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 

28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, 

effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective 

September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 

2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013. 

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

Law Implemented: SDCL 34A-1 l-9, 34A-1 l-10, 34A-1 l-12, 34A-l l-16. 
Cross-Reference: Exposure information from landfills and surface impoundments, 

§ 74:28:34:01. 

74:28:25:02. Underground placement of waste prohibited. The placement of any bulk or 

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

underground mine, or cave is prohibited. 

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

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

Law Implemented: SDCL 34A-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 of 40 C.F.R. § 264.193 

(July 1, 2012), the owner or operator must determine that the tank system is not leaking or is unfit 

for use. 

The owner or operator must obtain and keep on file at the facility a written assessment 

reviewed and certified by an independent, registered professional engineer licensed to do business 

in South Dakota, in accordance with 40 C.F.R. § 270.1 l(d) (July 1, 2012), that attests to the tank 

system's integrity by January 12, 1988, for HSWA tanks and September 14, 1990, for non-HSWA 

tanks. 

Tank systems that store or treat materials that become hazardous wastes subsequent to July 

14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct 

this assessment within 12 months after the date that the waste becomes a hazardous waste. 

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

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

approvals or pennits necessary to begin physical construction of the site or installation of the 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 of the site or installation of 

the tank system to be completed within one year. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 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-11-12, 34A-11-13, 34A-ll-14. 

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 264.193(f) 

and (g) (July 1, 2012), as follows: 
(1) For all new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, for non-HSWA tanks; 

(3) For those existing tank systems of known and documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 

(4) For those existing tank systems for which the age cannot be documented, within eight 

years after January 12, 1987, for HSW A tanks and within eight years after September 14, 1989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 

12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

( 5) For tank systems that store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

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

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

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

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September I, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, 

effective October 10, 2013. 

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

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

74:28:25:05. Definition of new and existing drip pads for certain wood preserving 

wastes. The requirements of 40 C.F.R. Part 264, Subpart W (July 1, 2012) apply to owners and 

operators of facilities that use new or existing drip pads to convey treated wood drippage, 

precipitation, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into before December 6, 1990, binding financial or other agreements for construction. For EPA 

hazardous waste numbers F034 and F03 5 wastes, existing drip pads are those constructed before 

July 7, 1992, and those for which the owner or operator has a design and has entered into before 

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

drip pads. 

For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 264.573(b)(3) 

(July I, 2012) to install a leak collection system applies only to those drip pads that are constructed 
after December 24, 1992, for which the owner or operator has a design and has entered into before 

December 24, 1992, binding financial or other agreements for construction. For EPA hazardous 

waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 264.573(b)(3) (July 1, 2012) 

to install a leak collection system applies only to those drip pads that are constructed after 

September 29, 1994, for which the owner or operator has a design and has entered into before 

September 29, 1994, binding financial or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, 

effective October 10, 2013. 

General Authority: SDCL 34A-11-9. 

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

Section 

74:28:26:01 

CHAPTER 74:28:26 

PERMIT REQUIREMENTS 

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

74:28:26:01. Requirements to permit a treatment, storage, or disposal facility. The 

requirements to permit a treatment, storage, or disposal facility are those in 40 C.F.R. §§ 270.1 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 interested person 

may contest the issuance ofa petmit by following the procedures in chapter 74:09:01. 

The requirements for a preapplication public meeting and notice found in 40 C.F.R. § 124.31 

(July 1, 2012) apply to all hazardous waste permit applications seeking initial permits for 

hazardous waste management units, to hazardous waste permit applications seeking coverage 

under a standardized permit under§ 270 subpart J (July I, 2012), and to hazardous waste permit 

applications seeking renewal of permits ifthe renewal application is proposing a significant change 

in facility operations. A significant change to a hazardous waste permit is any change that is 

considered a Class 3 permit modification under 40 C.F.R. § 270 (July 1, 2012). A significant 

change to a standardized permit is defined at§ 124.21 l(c) (July 1, 2012). The requirements of this 

paragraph for a preapplication public meeting and notice do not apply to hazardous waste permit 

applications or permit modifications that are submitted for the sole purpose of conducting postclosure activities or post-closure activities and corrective action at a facility. 

The requirements for public notice at the application stage found in 40 C.F.R. § 124.32 (July 

1, 2012) apply to all hazardous waste permit applications seeking initial permits for hazardous 

waste management units and to applications seeking renewal of permits for such units under 40 
C.F.R. § 270.51 (July 1, 2012). The requirements for public notice at the application stage do not 

apply to hazardous waste units permitted under a standardized permit under 40 C.F.R. § 270 

subpart J (July 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 and corrective action at a facility. 

The requirement for an information repository found in 40 C.F.R. § 124.33 (July 1, 2012) 

applies to all applications seeking a hazardous waste permit for hazardous waste management 

units. 

Source: 10 SDR 106, effective April 8, 1984; 12 SDR 79, effective November 11, 1985; 13 

SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July I, 1987; 14SDR 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 

SDR 21, effective August 28, 2002; 30 SDR 26, effective September I, 2003; 31 SDR 23, effective 

August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 

2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 

61, effective October 10, 2013. 

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

Law Implemented: SDCL 34A-11-9, 34A-l 1-12, 34A-l l-13, 34A-11-14, 34A-l l-l 5. 

Cross-Reference: Special requirements for landfills and surface impoundments, 

§ 74:28:34:01. 

Section 

74:28:27:01 

CHAPTER 74:28:27 

MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 

Requirements for the management of specific hazardous wastes. 

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

requirements for the management of specific hazardous wastes and specific types of hazardous 

waste management facilities are those in 40 C.F.R. §§ 266.20 to 266.360, inclusive, and 

Appendixes I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, and Xlll and §§ 279.1 to 279.82, inclusive, 

except 40 C.F.R. § 279.82(b) and (c) (July 1, 2012). 

The language in 40 C.F.R. § 279.82(a) "except when such activity takes place in one of the 

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

Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, 

effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 
September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 

SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, 

effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective 

October 10, 2013. 

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

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

CHAPTER 74:28:28 

INTERIM STATUS STANDARDS FOR FACILITIES 

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

Underground placement of waste prohibited. 

Assessment of existing tank system's integrity. 

Containment and detection of releases from tanks. 

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

74:28:28:01. Interim status standards for treatment, storage, and disposal facilities. 

The interim status standards for hazardous waste treatment, storage, and disposal facilities are 

those in 40 C.F.R. § 144.l(h); §§ 265.1 to 265.1202, inclusive, except 40 C.F.R. §§ 265.l(c)(4), 

265.l(c)(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 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, 

effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 

September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 

SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, 

effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective 

October 10, 2013. 

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

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

Cross-Reference: Special requirements for landfills and surface impoundments, 

§ 74:28:34:01. 

74:28:28:02. Underground placement of waste prohibited. The placement of any 

hazardous waste in an interim status facility that is also a salt dome, salt bed formation, 

underground mine or cave is prohibited. 
Source: 19 SDR 48, effective October 8, 1992. 

General Authority: SDCL 34A-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 of 40 C.F.R. § 265.193 (July 1, 

2012), the owner or operator must determine that the tank system is not leaking or is unfit for use. 

The owner or operator must obtain and keep on file at the facility a written assessment 

reviewed and certified by an independent, registered professional engineer licensed to do business 

in South Dakota in accordance with 40 C.F.R. § 270.l l(d) (July 1, 2012), that attests to the tank 

system's integrity by January 12, 1988, for HSWA tanks and September 14, 1990, for non-HSWA 

tanks. 

Tank systems that store or treat materials that become hazardous wastes subsequent to July 

14, 1986, for HSWA tanks and subsequent to June 7, 1989, for non-HSWA tanks must conduct 

this assessment within 12 months after the date that the wastes become a hazardous waste. 

Source: 24 SDR 11 effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, 

effective October 10, 2013. 

General Authority: SDCL 34A-11-9. 

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

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

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

the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265.193(f) 

and (g) (July 1, 2012) as follows: 

(1) For all new tank systems or components, before they are put into service; 

(2) For all existing tank systems used to store or treat EPA Hazardous Waste Numbers F020, 

F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks and 

two years after September 14, 1989, for non-HSWA tanks; 

(3) For those existing tank systems of known or documented age, within two years after 

January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks 

or when the tank system has reached 15 years of age, whichever comes later; 

( 4) For those existing tank systems for which the age cannot be documented, within eight 

years after January 12, 1987, for HSWA tanks and within eight years after September 14, 1989, for 

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

must be provided by the time the facility reaches 15 years of age or within two years after January 
12, 1987, for HSWA tanks or within two years after September 14, 1989, for non-HSWA tanks, 

whichever comes later; and 

(5) For tank systems tlmt store or treat materials that become hazardous waste subsequent to 

January 12, 1987, for HSWA tanks and September 14, 1989, for non-HSWA tanks, within the time 

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

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

September 14, 1989, for non-HSWA tanks. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 

29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 

SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, 

effective October 10, 2013. 

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

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

74:28:28:05. Definition of new and existing drip pads for certain wood preserving 

wastes. The requirements of 40 C.F.R. Part 265, Subpart W (July 1, 2012) apply to owners and 

operators of facilities that use new or existing drip pads to convey treated wood drippage, 

precipitation, or surface water runoff to an associated collection system. 

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed 

before December 6, 1990, and those for which the owner or operator has a design and has entered 

into binding financial or other agreements for construction prior to December 6, 1990. For EPA 

hazardous waste numbers F034 and 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. § 265.443(b)(3) 

(July 1, 2012) to install a leak collection system applies only to those drip pads that are constructed 

after December 24, 1992, for which the owner or operator has a design and has entered into before 

December 24, 1992,binding financial agreements for construction. For EPA hazardous waste 

numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) (July 1, 2012) to 

install a leak collection system applies only to those drip pads that are constructed after September 

29, 1994, for which the owner or operator has a design and has entered into before September 29, 

1994, binding financial or other agreements for construction. 

Source: 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 

SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, 

effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 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-l 1-12, 34A-l l-16. 
CHAPTER 74:28:29 

INTERIM STATUS FOR EXISTING SURFACE IMPOUNDMENTS 

Section 

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

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

existence on November 8, 1984, or which become subject to the requirements in§ 3005G)(6)(A) or 

(B) of the Resource Conservation and Recovery Act as amended through January 1, 1989, must 

comply with the double liner, leachate collection, and groundwater requirements applicable to new 

units by November 8, 1988, or by the date specified in§ 3005G)(6)(A) or (B) or must stop treating, 

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 under chapter 74:28:28. 

Source: 15SDR177, effective June I, 1989. 

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

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

Section 

74:28:30:01 

CHAPTER 74:28:30 

LAND DISPOSAL RESTRICTIONS 

Land disposal restrictions. 

74:28:30:01. Land disposal restrictions. The requirements for hazardous wastes that are 

restricted from land disposal are those in 40 C.F.R. §§ 268.1 to 268.4, inclusive; 40 C.F.R. 

§§ 268.7 to 268.50, inclusive, except 40 C.F.R. §§ 268.10, 268.11, 268.12, 268.13, 268.42(b) and 

268.44; and Appendixes III, IV, VI, VII, VIII, IX, and XI (July 1, 2012). 

Source: 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July I 0, 1991; 19 

SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective 

September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 

1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, 

effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 

28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 

SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, 

effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective 

October 10, 2013. 

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

Law Implemented: SDCL 34A-l l-9, 34A-l l-10, 34A-l l-12, 34A-l l-16. 
CHAPTER 74:28:31 

POL YCHLORINA TED 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 1-26-8.1 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 

obsolete by operation of law. 

CHAPTER 74:28:32 

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-l l-4. l. 

Section 

74:28:33:01 

CHAPTER 74:28:33 

MANAGEMENT OF UNIVERSAL HAZARDOUS WASTE 

Management of universal hazardous waste. 

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

of universal hazardous waste are those in 40 C.F.R. §§ 273.1to273.81, 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 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 

1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 

SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, 

effective October 18, 2011; 40 SDR 61, effective October 10, 2013. 

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

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

CHAPTER 74:28:34 

SPECIAL REQUIREMENTS FOR LANDFILLS 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 

information on the potential for the public to be exposed to hazardous wastes or hazardous 

constituents. At a minimum, such information must 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 

transportation to or from these facilities; 

(2) The potential pathways of human exposure to hazardous wastes or constituents resulting 

from these releases; 

(3) The potential magnitude and nature of the human exposure resulting from such releases; 

and 

( 4) Other relevant information. 

The secretary shall make available this information to the Agency for Toxic Substances and 

Disease Registry. The secretary may request the administrator of the Agency for Toxic Substances 

and Disease Registry to 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, effective August 5, 1997. 

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

Law Implemented: SDCL 34A-1l-12,34A-l J-13, 34A-1 J-16. 

Cross-References: 

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

Requirements to permit a treatment, 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 

Department of Health and Human Services.