reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:07 - Construction standards for new AST systems

Current through Register Vol. 51, page 10, July 15, 2024
New AST systems must be designed and constructed in accordance with a
	 code of practice developed by nationally recognized associations or independent
	 testing laboratories such as UL 142 (1985) or similar methods approved by the
	 department. AST systems constructed of metal and installed in contact with an
	 electrolyte must be cathodically protected with sacrificial anodes or an
	 impressed current system which is designed, fabricated, and installed in
	 accordance with a code of practice developed by nationally recognized
	 associations or independent testing laboratories such as NACE Standard RP-02-85
	 (1985), API Standard 1632 (1983), or similar methods approved by the
	 department.
New AST systems containing noncorrosive substances do not require
	 internal coatings. Monitoring of the pH of the tank condensate is required
	 biannually, not to exceed 7 1/2 months between sampling. A pH of 6.8 or higher
	 shall be maintained. Owners or operators of an AST which cannot comply with
	 this section may request a variance from the department by submitting
	 justification for the variance. Criteria for granting the variance are the same
	 as those listed in §
									74:56:03:06.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
UL 142, 1985 Edition, Underwriters Laboratory, Inc. Copies may be
		obtained from Underwriters Laboratory Inc., Publication Stockm 333 Pfingston
		Road, Northbrook, Illinois 60062-2096. Cost: $31.50.
NACE Standard RP-02-85, 1985 Revision, National Association of
		Corrosion Engineers. Copies may be obtained from the National Association of
		Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218-8340. Cost: $10 for
		members and $12 for nonmembers.
API Standard 1632, 1983 edition, American Petroleum Institute, as
		reprinted by the Harco Corrosion Engineering and Cathodic Protection Library,
		HC-64. Copies may be obtained from the American Petroleum Institute,
		Publications and Distribution Section, 1220 L Street, Northwest, Washington,
		D.C. 20005-4070. Cost: $12.50.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:08 - Upgrading of existing AST systems

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with §
									74:56:03:04, existing AST systems
	 may be upgraded to conform to new tank standards established in §
									74:56:03:07.
Existing AST systems containing noncorrosive substances do not require
	 internal coatings. Monitoring of the pH of the tank condensate is required
	 biannually, not to exceed 7 1/2 months between sampling. A pH of 6.8 or higher
	 shall be maintained. If the tank is internally coated or lined, biannual
	 monitoring is not required. Owners or operators of an AST which cannot comply
	 with this section may request a variance from the department by submitting
	 justification for the variance. Criteria for granting the variance are the same
	 as those listed in §
									74:56:03:06.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:09 - Site assessment required

Current through Register Vol. 51, page 10, July 15, 2024
Proposed sites for new AST systems shall be assessed to establish
	 background conditions if contamination is suspected. The site assessment report
	 must be made available to the department at least 30 days before installation
	 of the AST system.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:10 - AST system installation

Current through Register Vol. 51, page 10, July 15, 2024
All AST systems must be installed as follows:
(1) All AST systems must be installed
  according to the manufacturer's instructions and must be in accordance with
  codes of practice developed by nationally recognized associations or
  independent testing laboratories, such as API Standard 650 (1984), UL 142
  (1985), or similar methods approved by the department;
(2) Precautions must be taken to prevent
  damage to the tank and piping coatings during installation. Any damage must be
  repaired according to the manufacturer's instructions;
(3) ASTs must be supported on well-drained,
  stable foundations which prevent movement, rolling, or settling of the tank and
  are designed to minimize corrosion of the tank bottoms;
(4) Metallic tanks and piping must meet the
  following cathodic protection requirements:
(a) Piping and bottoms of tanks which come in
  contact with the ground or an electrolyte must be cathodically protected with
  sacrificial anodes or an impressed current system which is designed,
  fabricated, and installed in accordance with codes of practice developed by
  nationally recognized associations or independent testing laboratories, such as
  NACE Standard RP-02-85, API Standard 1632 (1983), or similar methods approved
  by the department;
(b) The cathodic
  protection system must be designed to provide a minimum of 20 years of
  protection;
(c) A qualified
  engineer or corrosion expert must supervise the design or installation, or
  both, of the cathodic protection system;
(d) Each cathodic protection system must have
  a monitor or test station which enables the owners or operators to check on the
  adequacy of cathodic protection; and
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:11 - Secondary containment required for new AST systems

Current through Register Vol. 51, page 10, July 15, 2024
Secondary containment systems required in accordance with §
									74:56:03:04 must be installed
	 under and around any new AST system. The secondary containment system may
	 consist of a combination of double-walled tanks and bottoms, dikes, liners,
	 pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks, or other
	 equipment capable of containing the regulated substance stored. Construction of
	 diking must be in accordance with professional engineering practices. Plans and
	 specifications for the secondary containment systems must be submitted for
	 approval by the department at least 30 days before construction of the
	 system.
Secondary containment around and under the AST system shall consist of
	 native soils, clays, bentonites, or artificially constructed material
	 equivalent to 60 mil high-density polyethlene or greater. An impermeability of
	 at least 10-6 centimeter per second is required to
	 permit containment and detection of a release. Secondary containment must be
	 constructed and maintained to meet impermeability requirements for the
	 operational life of the AST system.
Secondary containment other than double walls or bottoms must be
	 capable of containing 110 percent of the volume of the largest tank in the
	 facility. Secondary containment must be compatible with the regulated substance
	 stored. Secondary containment must be designed and installed to control storm
	 water. Storm water or any containment discharge from an AST system may be
	 subject to the provisions of the surface water discharge permit regulations,
	 chapters 74:52:01 to 74:52:11, inclusive.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:12 - Secondary containment required for existing AST systems

Current through Register Vol. 51, page 10, July 15, 2024
Secondary containment systems required in accordance with §
									74:56:03:04 for existing AST
	 systems located at facilities with a total capacity of 250,000 gallons or more
	 shall consist of the following:
(1)
  Construction of a retaining structure surrounding the AST systems capable of
  containing 110 percent of the volume of the largest tank in the
  facility;
(2) Construction beneath
  any aboveground piping of containment system which meets the following
  requirements;
(a) Such a containment system
  may consist of native soils, clays, bentonite, or artificially constructed
  materials equivalent to 60 mil high density polyethlene or greater. An
  impermeability of at least 10-6 centimeter per
  second is required to permit containment;
(b) The containment system must be
  constructed and maintained so that the required impermeability is met for the
  operational life of the AST system;
(c) The containment system must be compatible
  with the regulated substance stored;
(d) Construction of the containment system
  must be in accordance with professional engineering practices;
Plans and specifications for the secondary containment system must be
	 submitted for approval by the department at least 30 days before construction
	 of the system.
Aboveground and underground piping from the AST is exempt from these
	 requirements provided that pressure tests are performed every five years to
	 demonstrate the piping's integrity.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:13 - Overfill control

Current through Register Vol. 51, page 10, July 15, 2024
Overfill control is required on all AST systems to prevent inadvertent
	 or accidental releases during filling. The requirements are as follows:
(1) All owners or operators must ensure that
  releases due to overfills do not occur. The owners or operators must ensure
  that the volume available in the tanks will contain the volume of regulated
  substance to be transferred to the tanks; and
(2) Overfill control required in accordance
  with §
									74:56:03:04 for AST systems shall
  utilize one or more of the following overfill prevention devices or methods;
(a) Tanks gauged at frequent intervals by
  personnel during regulated substance transfer who are in communication with the
  supplier so that flow may be shut down or diverted;
(b) Tanks equipped with high level detection
  devices independent of other gauging equipment. Alarms shall be located either
  on-site or remote so that the flow of regulated substance may be stopped or
  diverted; or
(c) An equivalent
  device or system, approved by the department, designed to prevent releases due
  to overfills.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:14 - Operation and maintenance of cathodic protection

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of metal AST systems with cathodic protection
	 must comply with the following requirements:
(1) All cathodic protection systems must be
  maintained to provide continuous cathodic protection to the metal components of
  the AST system in contact with the ground or an electrolyte;
(2) All AST systems equipped with cathodic
  protection systems must be inspected according to the following minimum
  inspection schedule:
(a) The cathodic
  protection system shall be checked within six months of installation for
  adequate protection and annually thereafter by a corrosion protection
  tester;
(b) All AST systems with
  impressed current or sacrificial anodes shall be inspected every 30 days to
  ensure continuous operation of the rectifier or anodes; and
(c) All results must be maintained for the
  life of the AST system;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:15 - Compatibility

Current through Register Vol. 51, page 10, July 15, 2024
When a regulated substance is introduced into an AST system, the owners
	 or operators of that system must determine the compatibility of the system and
	 the regulated substance.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:16 - Repairs allowed

Current through Register Vol. 51, page 10, July 15, 2024
Repairs are allowed to AST systems if the following requirements are
	 met:
(1) A tank interior may be
  repaired and relined if the owners or operators document the following in
  writing:
(a) All repairs are permanent and the
  tank meets new AST standards specified in §§
										74:56:03:07 and
  74:56:03:08;
(b) The tank and the internal liners and
  coatings are compatible with the regulated substance stored;
(c) The tank was inspected
  internally;
(d) All welds and
  patches are installed in accordance to accepted industry codes and practices,
  such as API Standard 1104 (1968);
(e) Prior to repairs all sludges and sediment
  materials were removed from the tank and properly disposed of according to
  state and federal statutes;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:17 - Inspections

Current through Register Vol. 51, page 10, July 15, 2024
Routine inspection of the AST system must be performed as follows to
	 ensure proper performance:
(1) At a
  minimum, all owners or operators must perform the following inspections:
(a) Take daily inventory measurements of
  regulated substance levels except on weekends and holidays. Take weekly
  inventory measurements of regulated substance levels if there is a secondary
  containment facility;
(b) Perform
  monthly reconciliations of inventory records;
(c) Inspect all overfill devices, release
  detection instruments, gauges, valves, and operation of all components of
  cathodic protection systems at least biannually not to exceed 7 1/2 months
  between inspections; and
(d)
  Visually inspect all internal components of ASTs not exempted in §
										74:56:03:05, according to the
  schedule established in §
										74:56:03:05. Owners or operators
  of an AST which cannot comply with this requirement may request a variance
  pursuant to §
										74:56:03:06;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:18 - Maintenance and availability of records and performance inspections

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for the maintenance and availability of records and
	 performance inspections are as follows:
(1) All owners or operators of AST systems
  shall cooperate fully with inspections, monitoring, and testing conducted by
  the department;
(2) All records
  required in this chapter shall be maintained:
(a) On-site and immediately available for
  inspection; or
(b) Made available
  to the department at a site within the state boundaries within 24
  hours.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:19 - Requirements for release detection

Current through Register Vol. 51, page 10, July 15, 2024
Requirements for release detection shall consist of the
	 following:
(1) AST systems must have
  equipment for release detection as required in §
									74:56:03:04, including one or more
  of the following:
(a) Perforated gravity
  collection pipes or channels in a concrete foundation pad which can be
  monitored for the presence of a release;
(b) Internal systems designed to detect any
  changes in regulated substance level, such as in-tank monitors, capable of
  continuous monitoring and connected to an external alarm system;
(c) External systems designed to detect any
  releases; or
(d) Comparable release
  detection systems as approved by the department.
Department approval is required prior to the installation of the
	 release detection systems.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:20 - Release notification plan

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of AST systems must prepare and maintain a
	 release notification plan at each AST facility so that it is readily available
	 in the event of a release. At a minimum, the plan shall contain information
	 necessary for reporting a release, including:
(1) A listing of local and state agencies
  designated for release notification with telephone numbers;
(2) The name of the facility;
(3) The name and telephone numbers of the
  owners and operators;
(4) The
  address of the facility with the legal description;
(5) The identification of ASTs corresponding
  to the notification form;
(6) The
  name of the regulated substance stored with a material safety data sheet for
  each regulated substance; and
(7) A
  description of the facility, including site maps and surface drainage diagrams.
Information contained in the release notification plan must be updated
	 annually.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:21 - Reporting of suspected releases and spills

Current through Register Vol. 51, page 10, July 15, 2024
Reporting requirements for suspected releases and spills are as
	 follows:
(1) All AST system owners or
  operators must report all suspected releases immediately to the designated
  state and local agencies when any of the following conditions exist:
(a) The testing, sampling, or monitoring
  results from a release detection method that indicates a release may have
  occurred;
(b) Unusual operating
  conditions such as the sudden loss of regulated substance from the AST system,
  indicating the presence of the regulated substance or vapors outside the AST
  system;
(c) Impacts occurring in
  the surrounding area such as evidence of regulated substances or resulting
  vapors in soils, basements, sewer lines, utility lines, or nearby waters of the
  state; and
(d) An indication from a
  gas chromatography or equivalent method that there is an increasing
  concentration of total hydrocarbons in a soil sample;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:22 - Release investigation and confirmation

Current through Register Vol. 51, page 10, July 15, 2024
Release investigation and confirmation requirements are as
	 follows:
(1) After consultation with
  the department, all suspected releases must be immediately investigated by the
  owners or operators using one or more of the following procedures:
(a) Initiation of a site investigation of the
  suspected release incident to determine the total extent of release;
(b) In case of an AST system with secondary
  containment, an investigation of a possible release into the area between the
  AST system and the secondary containment;
(c) Internal tank inspection;
(d) Investigation in the following manner of
  releases detected by a failed tank or piping test:
(i) A check of inventory records to detect a
  discrepancy that indicates a release may have occurred;
(ii)Isolation from the tank and retesting of
  the piping within seven days after the initial testing;
(iii) Isolation from the piping and retesting
  of the tank within seven days after the initial testing; and
(iv) Laboratory analysis of soil samples for
  regulated substance contamination in the area of the suspected
  release;
(e) In the case
  of a discrepancy during inventory reconciliation or any other suspected
  release, an investigation shall be conducted in the following manner:
(i) A test of the AST systems and piping that
  is conducted within seven days after the initial reporting to the state to
  determine if a release may have occurred; and
(ii)Laboratory analysis of soil samples for
  regulated substance contamination in the area of the suspected
  release;
(f) Other
  investigative procedures with prior approval of the department;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:23 - Initial abatement requirements for corrective action for releases from AST systems

Current through Register Vol. 51, page 10, July 15, 2024
Initial abatement requirements for corrective action for releases are
	 as follows:
(1) Upon confirmation of a
  release, the owners or operators of AST systems shall undertake the following
  initial abatement requirements for corrective action:
(a) Immediately report the release to the
  designated state and local agencies;
(b) Stop any further release from the AST
  system;
(c) Mitigate fire, safety,
  and health hazards;
(d) If the
  material was released to a secondary containment system, remove all released
  materials within 24 hours or as determined by the department;
(e) Remediate all contaminated soil in
  accordance with chapter 74:56:05;
(f) Report in writing to the department the
  initial corrective action taken, including a verification of AST system repair
  or closure if appropriate, within 20 days after confirmation or discovery of
  the release;
(g) Conduct a
  department-approved investigation to determine the possible presence of free
  product and initiate free product removal in accordance with §
										74:56:03:24;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:24 - Free product removal

Current through Register Vol. 51, page 10, July 15, 2024
At sites where investigations indicate the presence of free product,
	 owners or operators must remove the free floating product to the maximum extent
	 practicable while continuing, as necessary, any actions initiated under §
									74:56:03:23 and while preparing
	 for subsequent actions required under §§
									74:56:03:25 and
	 74:56:03:26. In meeting the
	 requirements of this section the owners or operators shall:
(1) Conduct free product recovery in such a
  manner that contamination is not spread into previously uncontaminated areas
  through untreated discharge or improper disposal techniques;
(2) Handle any flammable or toxic products in
  such a manner as to prevent fires, explosions, or health risks; and
(3) Unless directed to do otherwise by the
  department, prepare and submit to the department in writing within 30 days a
  report on free product removal that provides at least the following
  information:
(a) The names of all the persons
  responsible and their qualifications for implementing the free product recovery
  plan;
(b) The estimated quantity
  and type of product on- and off-site and the product thickness in wells,
  boreholes, and excavations;
(c)
  Details of the product recovery system;
(d) Whether any discharge will take place on-
  or off-site during the recovery operation;
(e) The type of treatment and expected
  effluent quantity from any discharge; and
(f) The disposition of the recovered
  product.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:25 - Additional site investigation

Current through Register Vol. 51, page 10, July 15, 2024
Additional site investigation requirements are as follows:
(1) When an investigation indicates that
  there may be additional soil contamination from the release or that
  contamination has reached waters of the state or as directed by the department,
  the owners or operators shall:
(a) Conduct
  additional investigations of the release, the release site, and the surrounding
  area affected by the release to determine the full extent and location of soils
  contaminated by the release; and
(b) Conduct additional investigations of the
  release, the release site, and the surrounding area affected by the release to
  determine the presence of dissolved contamination and free product;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:26 - Cleanup of soil and waters of the state

Current through Register Vol. 51, page 10, July 15, 2024
Cleanup requirements for soil and waters of the state are as
	 follows:
(1) Owners or operators
  required by the department to develop and submit a corrective action plan for
  responding to any contaminated soils or waters of the state must submit a plan
  according to a schedule established by the department;
(2) The department shall approve the
  corrective action plan only if it assures that implementation of the plan will
  provide adequate protection of human health, safety, and the environment. In
  making this determination, the department may consider:
(a) The physical and chemical characteristics
  of the regulated substance, including its toxicity, persistence, and potential
  for migration;
(b) The
  hydrogeologic characteristics of the AST system site and the surrounding
  land;
(c) The proximity, quality,
  and current and future uses of waters of the state; and
(d) A risk assessment;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:27 - AST systems temporarily removed from use

Current through Register Vol. 51, page 10, July 15, 2024
Requirements for AST systems temporarily removed from use are as
	 follows:
(1) Owners or operators of
  AST systems temporarily removed from use for less than three months with
  regulated substances left in the system shall continue operation and
  maintenance of release detection and corrosion protection devices;
  and
(2) Owners or operators of AST
  systems temporarily removed from use for longer than three months but less than
  24 months shall perform the following:
(a) All
  manways shall be locked or bolted securely and fill lines, gauge openings, or
  pump lines shall be capped or plugged to prevent unauthorized entrance or
  tampering; and
(b) If regulated
  substance is left in the tank, requirements established in subdivision (1) of
  this section shall be met; or
(c)
  If regulated substance is removed, the tank shall be protected from
  flotation.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:28 - Permanent closure

Current through Register Vol. 51, page 10, July 15, 2024
Requirements for permanent closure are as follows:
(1) Tanks removed from service longer than 24
  months shall be permanently closed as follows:
(a) Regulated substances, sludge, water, and
  sediment material shall be removed from the tank and connecting piping and
  disposed of properly;
(b) Tanks
  shall be rendered free of volatile, explosive, and hazardous vapors. Provisions
  shall be made to ensure the tank remains vapor-free;
(c) All connecting pipes shall be
  disconnected and removed, capped, or plugged. Manways shall be securely
  fastened in place to prevent unauthorized access;
(d) Tanks shall be protected from flotation;
  and
(e) At least 30 days prior to
  permanent closure the owners or operators shall notify the department of the
  change in status of the AST and perform an assessment of the AST site to
  determine if any releases have occurred. This site assessment requirement is
  satisfied if external release detection devices in accordance with §
										74:56:03:19 have been in use at
  the site and have revealed no losses or if other site assessment methods
  approved by the department have been in use. If a release is detected during
  the site assessment, the owners or operators must comply with corrective action
  requirements established in §
										74:56:03:23;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:03 - Aboveground stationary storage tanks (AST) › Section 74:56:03:29 - Used AST systems

Current through Register Vol. 51, page 10, July 15, 2024
Any AST system which has been permanently closed may not be brought
	 into use for the storage of regulated substances unless the tank is upgraded to
	 meet requirements in §§
									74:56:03:04 and
	 74:56:03:09.
AST systems shall not be reused for the storage of food or potable
	 water.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:02 - Exposure pathway defined

Current through Register Vol. 51, page 10, July 15, 2024
The course a chemical or physical agent takes from a source to an
	 exposed organism. An exposure pathway describes a unique mechanism by which an
	 individual or population is exposed to chemicals or physical agents at or
	 originating from a site. Each exposure pathway includes a source or release
	 from a source, an exposure point, and an exposure route. If the exposure point
	 differs from the source, a transport/exposure medium, such as air, or media in
	 cases of intermedia transfer, is also included.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-98,
		34A-12-1.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:03 - Corrective action preceding a Tier 1 assessment

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that a petroleum release is adversely
	 affecting on-site or off-site receptors, the responsible person must implement
	 corrective action to remove the source of the contamination or must mitigate
	 the adverse effects before conducting a Tier 1 assessment.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
Tier 1 assessment, §
		74:03:33:06.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:04 - Chemicals of concern

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person must have soil samples from petroleum release
	 sites analyzed for the following chemicals of concern. All chemicals of concern
	 must be analyzed based on the nature of the product, using an EPA-approved
	 laboratory method. All samples must be analyzed by a laboratory as
	 follows:
(1) If the release is known
  or suspected to be a volatile, analyze for benzene, toluene, ethylbenzene,
  xylene, and total petroleum hydrocarbons;
(2) If the release is known or suspected to
  be a middle distillate total petroleum hydrocarbon, analyze for napthalene, and
  total petroleum hydrocarbons; in addition:
(a)
  If the release is known or suspected to be waste oil, analyze for napthalene,
  total petroleum hydrocarbons, and toxicity characteristic leaching procedure
  metals;
(b) If the release is known
  or suspected to be transformer oil, analyze for napthalene, total petroleum
  hydrocarbons, and polychorinated biphenals;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:05 - Determination of total petroleum hydrocarbon concentration - Method

Current through Register Vol. 51, page 10, July 15, 2024
Petroleum-contaminated soils must be analyzed for total petroleum
	 hydrocarbons by the California/United States Geological Survey method published
	 in "Draft Method for Total Petroleum Hydrocarbons and Total Organic Lead,"
	 February 1988. The department may approve an alternative method which has
	 detection limits, precision, and accuracy that are at least equivalent to the
	 specified method. Approved methods must quantify total petroleum hydrocarbons
	 by integrating all detectable peaks within the time period in which at least 95
	 percent of the recoverable hydrocarbons are eluted.
Soils contaminated with waste oil must be analyzed for total petroleum
	 hydrocarbons by EPA method 418.1 as published in EPA's "Methods for Chemical
	 Analysis of Water and Wastes," 1983. The department may approve an alternative
	 method which has detection limits, precision, and accuracy that are at least
	 equivalent to the specified method. Approved methods must quantify total
	 petroleum hydrocarbons by integrating all detectable peaks within the time
	 period in which at least 95 percent of the recoverable hydrocarbons are
	 eluted.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
"Draft Method for Total Petroleum Hydrocarbons and Total Organic
		Lead," February 1988, Hazardous Materials Laboratory, California Department of
		Health Services, 2151 Berkeley Way, Berkeley, California 90704, (510)540-3003.
		Copies may be obtained from the address listed. Cost: No charge.
Pages 418.1-1 to 418.1-3, inclusive, "Methods for Chemical Analysis
		of Water and Wastes, 1983, Stock Number EPA-600/ 4-79-020, 550 pages, U.S.
		Environmental Protection Agency. Copies may be obtained from the Superintendent
		of Documents, U.S. Government Printing Office, Washington, DC 20402. Cost:
		$3.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:06 - Tier 1 assessments

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person must conduct Tier 1 assessments. A Tier 1
	 assessment is a risk-based analysis to develop values that are not
	 site-specific for direct and indirect exposure pathways utilizing conservative
	 exposure factors and fate and transport for potential pathways. Data from the
	 Tier 1 assessment must be compared to the criteria established in Table 1 in
	 §
									74:56:05:07.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:07 - Tier 1 action levels - Criteria for calculation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall calculate Tier 1 action levels shown in Table 1 in
	 this section based on the petroleum contamination in soil leaching to the
	 groundwater pathway, with an excess lifetime cancer risk not exceeding
	 1:100,000 and a chronic noncancer risk not exceeding a hazard index of one. The
	 department assumes there are receptors actually or potentially ingesting
	 groundwater at the point of maximum soil contamination.
Table 1 is as follows:
TABLE 1
TIER 1 ACTION LEVELS FOR SOILS AT PETROLEUM RELEASE
	 SITES
Chemical of Concern
Tier 1 Action Level
(ppm = parts per million)
Benzene
0.2 ppm
Toluene
15 ppm
Ethylbenzene
10 ppm
Xylene
300 ppm
Napthalene
25 ppm
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:08 - Soils exceeding 500 parts per million total petroleum hydrocarbons

Current through Register Vol. 51, page 10, July 15, 2024
If total petroleum hydrocarbon concentrations in soil exceed 500 parts
	 per million, the responsible person must initiate a Tier 2
	 assessment.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:09 - Corrective action or Tier 2 assessment required

Current through Register Vol. 51, page 10, July 15, 2024
If soil contaminant levels exceed Tier 1 action levels, the responsible
	 person must submit a corrective action plan to the department for approval or,
	 if the site meets the criteria listed below, the responsible person may
	 calculate Tier 2 action levels based on actual site conditions. If the
	 department determines that the plan will reduce the risk associated with the
	 site to below the criteria in subdivisions (2) and (3) of §
									74:56:05:11, the department shall
	 approve the plan and the responsible person must implement the corrective
	 action.
The criteria for progressing to a Tier 2 assessment are:
(1) The assumptions used to calculate the
  Tier 1 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 2 action levels
  will be different from Tier 1 action levels; and
(3) The cost of performing a Tier 2
  assessment and implementation of corrective action to Tier 2 action levels is
  likely to be substantially less than the cost of corrective action under Tier
  1.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:10 - Tier 2 assessments

Current through Register Vol. 51, page 10, July 15, 2024
A Tier 2 assessment is a risk-based analysis applying the direct
	 exposure values established under a Tier 1 assessment at the point or points of
	 exposure developed for a specific site and development of values for potential
	 indirect exposure pathways at the point or points of exposure based on
	 site-specific conditions. As part of a Tier 2 assessment, the responsible
	 person must define the vertical and horizontal extent of soil contamination
	 exceeding Tier 1 action levels and groundwater exceeding South Dakota
	 groundwater quality standards.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
Tier 1 action levels -- Criteria for calculation, §
											74:56:05:07; Groundwater quality
		standards, ch 74:54:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:11 - Tier 2 action levels - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
The responsible person must calculate Tier 2 action levels based on
	 actual site conditions, as follows:
(1) Toxicity information must be obtained
  from sources consistent with EPA's "Risk Assessment Guidance for Superfund"
  (1989). The department may allow the development of a toxicity value if
  required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not
  exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed
  a hazard index of one for all pathways;
(4) Reasonable maximum exposure default
  values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989)
  must be used for exposure assessments or site-specific exposure data may be
  used with the permission of the department;
(5) "Tier 2 RBCA Guidance Manual for
  Risk-Based Corrective Action" (1995a; 1995b) is the source for fate and
  transport models for development of Tier 2 action levels;
(6) The department shall approve the location
  of monitoring points to ensure compliance with the South Dakota groundwater
  quality standards in chapter 74:54:01 and the conditions listed in subdivisions
  (2) and (3) in this section.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment
		Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)"
		December 1989, United States Environmental Protection Agency, Office of
		Emergency and Remedial Response, 401 M Street, SW(OS-230), Washington, DC
		20460, (202)475-9486. Copies may be obtained from the address listed. Cost:
		$48.
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action," June
		1995a, 48 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005,
		Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address
		listed. Cost: $75 (includes Appendix B below).
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action,
		Appendix B: Tier 1/Tier 2 RBCA Modeling Guidelines and Spreadsheet System" June
		1995b, 34 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005,
		Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address
		listed. Cost: $75 (includes guidance manual
		above).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:12 - Corrective action or Tier 3 assessment required

Current through Register Vol. 51, page 10, July 15, 2024
If soil contaminant levels exceed the Tier 2 action levels, the
	 responsible person must submit a corrective action plan to the department for
	 approval or, if the site meets the criteria listed below, the responsible
	 person may calculate Tier 3 action levels using site-specific models. If the
	 department determines that the plan will reduce the risks associated with the
	 site to below the criteria in subdivisions (2) and (3) of §
									74:56:05:11, the department shall
	 approve the plan and the responsible person must implement the corrective
	 action.
The criteria for progressing to a Tier 3 assessment are:
(1) The assumptions used to calculate the
  Tier 2 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 3 action levels
  will be different from Tier 2 action levels; and
(3) The cost of performing a Tier 3
  assessment and implementation of corrective action to Tier 3 action levels is
  likely to be substantially less than the cost of correction action under Tier
  2.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:05 - Remediation criteria for petroleum-contaminated soils › Section 74:56:05:13 - Tier 3 assessments

Current through Register Vol. 51, page 10, July 15, 2024
A Tier 3 assessment is a risk-based analysis to develop values for
	 potential direct and indirect exposure pathways at the point or points of
	 exposure based on site-specific conditions. As part of a Tier 3 assessment, the
	 responsible person must define the vertical and horizontal extent of soil
	 contamination exceeding Tier 1 action levels and groundwater exceeding South
	 Dakota groundwater quality standards in chapter 74:54:01.
General Authority:
SDCL
		34A-2-93,
		34A-2-99,
		34A-2-101,
		34A-12-7.
Law Implemented:
SDCL
		34A-2-99,
		34A-2-101,
		34A-12-10.