reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:31 - Release detection requirements - Manual tank monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Only tanks of 1,000 gallons or less capacity may use manual tank
	 monitoring as the sole method of release detection. Tanks of 1,001 to 2,000
	 gallons, inclusive, may use manual tank monitoring in place of manual inventory
	 control, but require tank tightness testing in accordance with §
									74:56:01:26. Tanks of greater than
	 2,000 gallons may not use manual tank monitoring to meet the release detection
	 requirements.
Tank liquid level measurements shall be taken at the beginning and end
	 of the time period specified in the table in this section, during which no
	 liquid may be added to or removed from the tank. The level measurements shall
	 be based on an average of two consecutive stick readings at both the beginning
	 and end of the period. The equipment used must be capable of measuring the
	 level of product over the full range of the tank's height to the nearest
	 one-eighth of an inch.
A leak shall be suspected if the variation between beginning and ending
	 measurements exceeds the weekly or monthly standards set forth in the following
	 table:
Nominal tank
Weekly standard
Minimum duration
Monthly standard
capacity
(one test)
of test
(average of four tests)
550 gallons or less
10 gallons
36 hours
5 gallons
551-1,000 gallons
9 gallons
44 hours
4 gallons
1,001-2,000 gallons
26 gallons
36 hours
13 gallons
1,000 gallons (if tank
12 gallons
58 hours
6 gallons
is 48" x 128")
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:32 - Release detection requirements - Hazardous substance UST systems

Current through Register Vol. 51, page 10, July 15, 2024
Each owner or operator of a new hazardous substance UST system must use
	 the secondary containment method specified in §
									74:56:01:30 and notify the
	 department of this choice within 30 days after bringing the system into use
	 unless the owner or operator has demonstrated compliance with another method
	 specified in §§
									74:56:01:26 to
	 74:56:01:29, inclusive,
	 74:56:01:31, or 74:56:01:33 along with the requirements of §
									74:56:01:24, and has received
	 approval from the department. If the owner or operator wishes to conduct a
	 demonstration upon which to base a request for a variance from the secondary
	 containment method, the department must be notified in writing by the owner or
	 operator of the intention. The notice to the department shall describe the
	 steps for conducting the demonstration and the timetable for completing them
	 and address how each of the general requirements in §
									74:56:01:24, as well as the
	 specific requirements for the release detection method that is selected will be
	 met at the site.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:33 - Release detection requirements - Other

Current through Register Vol. 51, page 10, July 15, 2024
Any other type of release detection method, or combination of methods,
	 may be used if it has been approved by the department. The department may
	 approve the method if the owner or operator demonstrates that the method is
	 capable of detecting a release before it migrates beyond the excavation area as
	 well as any of the methods allowed in §§
									74:56:01:26 to
	 74:56:01:32, inclusive. If
	 approved, the department may impose any conditions on the use of the methods
	 that are necessary to protect human health and environment.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:34 - Release detection requirements for pressure piping

Current through Register Vol. 51, page 10, July 15, 2024
Each owner or operator of an UST system must have release detection
	 for the underground pressure piping connected to each tank that meets the
	 requirements in §
									74:56:01:24 by the compliance
	 dates established in that section.
In addition, owners or operators of UST systems with underground piping
	 that conveys a regulated substance under pressure must meet the following
	 requirements:
(1) Be equipped with an
  automatic line leak detector which alerts the operator to the presence of a
  leak by restricting or shutting off the flow of regulated substances or
  triggering an audible or visible alarm, so long as it detects leaks of 3
  gallons per hour at 10 pounds psi line pressure within one hour and is annually
  tested in accordance with § 74:56:01:24:04; and
(2) Have an annual line tightness test, so
  long as the test can detect a 0.1 gallon per hour leak rate at one and one-half
  times the operating pressure, or have monthly monitoring, so long as the
  selected monitoring methods are designed to detect a release from any portion
  of the underground piping that routinely contains regulated
  substances.
(3) Pressure piping
  installed after October 13, 2018, must comply with § 74:56:01:34(1) and be
  monitored every thirty days for releases in accordance with §
									74:56:01:30.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:35 - Release detection requirements for suction piping

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators of petroleum UST systems with underground piping
	 that conveys petroleum under suction need not comply with the requirements in
	 §
									74:56:01:24 if the following
	 conditions are met:
(1) The
  below-grade piping operates at less than atmospheric pressure;
(2) The piping is sloped so that the contents
  of the pipe will drain back into the storage tank if the suction is
  released;
(3) Only one check valve
  is included in each suction line;
(4) The check valve is located directly below
  and as close as practical to the suction pump.
Suction piping which does not comply with the above criteria must use
	 one of the monthly release detection methods specified in §
										74:56:01:27,
	 74:56:01:28, or 74:56:01:30,
	 applied to the piping or have a line pressure test every three years or must
	 comply with other methods approved by the department that will detect the
	 release of regulated substances.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:36 - Release detection requirements for piping - Regulated hazardous substances

Current through Register Vol. 51, page 10, July 15, 2024
Piping that conveys regulated hazardous substances must have secondary
	 containment and interstitial monitoring.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:37 - Release detection requirements for piping - Authority of department to approve

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant final approval of all release detection
	 methods for piping.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:38 - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
All UST system owners or operators shall maintain records in
	 accordance with §
									74:56:01:52 demonstrating
	 compliance with all applicable release detection requirements. These records
	 include the following:
(1) All written
  performance claims pertaining to any release detection system used and the
  manner in which these claims have been justified or tested by the equipment
  manufacturer or installer must be maintained for five years from the date of
  installation. Not later than October 18, 2021, records of site assessments
  required under §
									74:56:01:27 and §
									74:56:01:28 must be maintained for
  as long as the methods are used. Records of site assessments developed after
  October 18, 2021, must be signed by a professional engineer or professional
  geologist, or equivalent licensed professional with experience in environmental
  engineering, hydrology, or other relevant technical discipline acceptable to
  the department;
(2) The results of
  any sampling, testing, or monitoring must be maintained for at least one year,
  except as follows;
a) The results of tank
  tightness testing conducted in accordance with §
										74:56:01:26 must be retained until
  the next test is conducted as required under that section;
b) The results of annual operation tests
  conducted in accordance with §
										74:56:01:24(4)
  must be maintained for three years. At a minimum, the results must list each
  component tested, indicate whether each component tested meets criteria in
  §
										74:56:01:24(4) or
  needs to have action taken, and describe any action taken to correct an issue;
  and
c) The results of line
  tightness testing, and vapor monitoring using a tracer compound placed in the
  tank system conducted in accordance with §
										74:56:01:27 must be retained until
  the next test is conducted; and
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:38.01 - Training of owners and operators

Current through Register Vol. 51, page 10, July 15, 2024
By August 8, 2012, each owner and operator of any regulated UST system
	 must complete a department-approved training program on the proper operation of
	 underground storage tank systems. All owners and operators must ensure they
	 have designated Class A, Class B and Class C operators who have completed a
	 department approved training program.
(1) Class A operators must have knowledge and
  skills to make informed decisions regarding compliance and determine whether
  appropriate individuals are fulfilling the operation, maintenance, and
  recordkeeping requirements.
(2)
  Class B operators must have knowledge and skills to implement applicable UST
  regulatory requirements in the field on components of typical UST systems or as
  applicable, site-specific equipment used at a UST facility.
(3) Class C operators must have knowledge and
  skills to take appropriate action (including notifying appropriate authorities)
  in response to emergencies or alarms caused by spills or releases from a UST
  system.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:40 - Reporting of suspected releases

Current through Register Vol. 51, page 10, July 15, 2024
Each UST owner or operator must report suspected releases from USTs.
	 The owner or operator shall report any of the following conditions to the
	 department within 72 hours:
(1) Test,
  sampling, or monitoring results from a release detection method specified under
  §§
									74:56:01:25 to
  74:56:01:33, inclusive, that
  indicate a release may have occurred; and
(2) Unusual operating conditions, such as the
  erratic behavior of product dispensing equipment, the sudden loss of product
  from the UST system, or an unexplained presence of water in the tank.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:41 - Reporting of spills and overfills

Current through Register Vol. 51, page 10, July 15, 2024
Each UST owner or operator shall report any spill or overfill of a
	 regulated substance that exceeds its reportable quantity under CERCLA 1980 ( 40
	 C.F.R. § 302, July 1, 1990) or threatens the waters of the state and any
	 spill or overfill of petroleum that exceeds 25 gallons or causes a sheen on
	 surface water to the department immediately. UST owners or operators shall
	 contain and clean up any spill or overfill of petroleum of 25 gallons or less
	 immediately. If the cleanup is not accomplished within 24 hours, the department
	 or the Division of Emergency Management and applicable local agencies must be
	 notified.
All belowground releases from the UST system in any quantity must be
	 reported within 24 hours to the department or the Division of Emergency
	 Management and applicable local agencies.
Immediate notification must be provided to the department or the
	 Division of Emergency Management and applicable local agencies if any
	 environmental impacts occur in the surrounding area from regulated substances,
	 such as vapors or free phase product, in soils, basements, sewer lines, utility
	 lines, or on nearby waters of the state or a gas chromatography or an
	 equivalent method indicates that there is an increasing concentration of total
	 hydrocarbons in a soil sample.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
Note:
A release of a hazardous substance equal to or in
		excess of its reportable quantity shall also be reported to the National
		Response Center immediately (not within 24 hours) under CERCLA 1980 Section
		103. These reporting provisions (under CERCLA 1980 and RCRA 1984 Subtitle I) do
		not relieve the owner or operator of responsibility to take corrective action
		as necessary to protect human health and the environment, including containment
		and cleanup of spills that are not required to be
		reported.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:42 - Release investigation and confirmation

Current through Register Vol. 51, page 10, July 15, 2024
Unless corrective action is initiated by the owner or operator or is
	 otherwise directed by the department, all suspected releases requiring
	 reporting under §
									74:56:01:40 must be immediately
	 investigated by the owner or operator using one of the procedures listed in
	 this section. If one of these methods confirms a release, the owner and
	 operator must comply with the requirements for corrective action in
	 §§
									74:56:01:44 to
	 74:56:01:51, inclusive. The
	 methods are as follows:
(1) A
  site-specific investigation, under the direction of the department, of the
  suspected release incident to determine if a release has occurred;
(2) In the case of an UST system that has
  secondary containment, an investigation of a possible release into the
  interstitial area between the UST and the secondary barrier using procedures
  that will determine if the interstitial monitoring is working
  properly;
(3) In the case of a
  failed tank or piping tightness test;
(a) A
  check of inventory records in accordance with the requirements in subdivision
  74:56:01:26(2) to detect a discrepancy that indicates a release may have
  occurred;
(b) Retesting the piping
  within seven days after the initial report to the department in accordance with
  the requirements in subdivision 74:56:01:26(1) to determine if a release may
  have occurred;
(c) Retesting the
  tank within seven days after the initial reporting to the department in
  accordance with the requirements in subdivision 74:56:01:26(1) to determine if
  a release may have occurred after the top of the tank has been excavated and
  all loose fittings, vent pipes, or other equipment have been checked, replaced,
  or tightened; and
(d) Laboratory
  analysis of soil samples for regulated substances in the unsaturated zone and,
  if applicable, visual inspection of the groundwater under the UST
  system;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:43 - Off-site impacts and source investigation

Current through Register Vol. 51, page 10, July 15, 2024
As required by the department, all suspected releases requiring
	 reporting under §
									74:56:01:40 must be investigated
	 and confirmed or disproved by the owner or operator to establish whether
	 corrective action requirements must be followed. When a release of a regulated
	 substance is suspected, the department may require the owner or operator to
	 test the tanks and piping for tightness or structural soundness or require a
	 site investigation to ascertain the location, magnitude, and effect of the
	 leaking UST system.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:44 - General requirements for corrective action for releases from UST systems

Current through Register Vol. 51, page 10, July 15, 2024
In response to a suspected or confirmed release from the UST system,
	 each owner or operator of an UST system shall comply with the requirements of
	 §§
									74:56:01:45 to
	 74:56:01:50, inclusive. These
	 requirements apply to all UST systems containing petroleum, hazardous
	 substances, or mixtures of petroleum and hazardous
	 substances.
Editor's Note:
Section 74:56:01:50 was repealed
		effective February 24, 1997, by rule making recorded at 23 SDR
		131.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:45 - Initial abatement requirements and procedures for releases from UST systems

Current through Register Vol. 51, page 10, July 15, 2024
Upon confirmation of an actual release or discovery of a release in any
	 other manner, each UST owner or operator shall take the following
	 actions:
(1) Report the release to the
  designated state and local agencies in accordance with §
									74:56:01:40;
(2) Stop any further release from the UST
  system;
(3) Mitigate fire and
  safety hazards;
(4) Remove and
  properly dispose of accessible visibly contaminated soil from the excavation
  zone;
(5) Report in writing initial
  corrective action taken, including a verification of tank repair or closure if
  applicable, to the department within 20 days after confirmation or discovery of
  the release; and
(6) Conduct an
  investigation to determine the possible presence of free product and initiate
  free product removal as soon as practicable.
The information collected by the owner or operator during the course of
	 the investigation to determine the presence of free product must be submitted
	 to the department according to the schedule established by the department under
	 §
										74:56:01:48. The department may
	 request the collection and submission of additional information or a corrective
	 action plan for additional soil or groundwater cleanup.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
Remediation criteria for petroleum-contaminated soils, ch
		74:56:05
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:46 - Additional abatement requirements for hazardous substances

Current through Register Vol. 51, page 10, July 15, 2024
Each owner or operator of hazardous substance UST systems shall take
	 the following abatement actions in addition to the requirements in §
									74:56:01:45:
(1) Prevent the flow or addition of hazardous
  substances by immediately stopping the flow of the hazardous substance into the
  tank system or secondary containment system and inspect the system to determine
  the cause of the release; and
(2)
  Remove hazardous substances from the tank system or secondary containment
  system, as follows:
(a) If the release was
  from the tank system, the owner or operator must, within 24 hours after
  detection of the leak or, if the owner or operator demonstrates to the
  department that it is not possible, at the earliest practicable time, remove as
  much of the hazardous substance as is necessary to prevent further release of
  hazardous substances to the environment and to allow inspection and repair of
  the tank system to be performed; or
(b) If the material was released to a
  secondary containment system, all released materials must be removed within 24
  hours or in a timely manner as determined by the department.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:47 - Free product removal

Current through Register Vol. 51, page 10, July 15, 2024
At sites where an owner or operator's investigations under §
									74:56:01:45 indicate the presence
	 of free product, the owner or operator shall remove free-floating product to
	 the maximum extent practicable while continuing, as necessary, any actions
	 initiated under §
									74:56:01:45 and while preparing
	 for subsequent actions required under §
									74:56:01:48. In meeting the
	 requirements of this section, the owner or operator shall:
(1) Conduct free product recovery in such a
  manner that the actions do not spread contamination into previously
  uncontaminated areas through untreated discharge or improper disposal
  techniques;
(2) Handle any
  flammable products in a manner to prevent fires or explosions; and
(3) Unless directed to do otherwise by the
  department, prepare and submit within 30 days a free product removal report to
  the department that provides at least the following information:
(a) The name of the person or persons
  responsible for implementing the plan;
(b) The estimated quantity and type of
  product on-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 quality 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 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:48 - Additional site investigation for releases from UST systems

Current through Register Vol. 51, page 10, July 15, 2024
If an investigation under §
									74:56:01:45 indicates that there
	 may be remaining soil contamination from the release that violates applicable
	 state standards in chapter 74:56:05, a removal in compliance with §
									74:56:01:45 indicates that the
	 released product or product from contaminated soil may have reached
	 groundwater, or the department directs it, the department may require the owner
	 or operator to conduct additional investigations of the release, the release
	 site, and the surrounding area possibly affected by the release.
The information collected by the owner or operator during the course of
	 the investigations under this section must be submitted in accordance with a
	 schedule established by the department.
The department may require the owner or operator to submit a corrective
	 action plan for contaminated soil or waters of the state, or
	 both.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:49 - Soil and groundwater cleanup for releases from UST systems

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator required by the department under §
									74:56:01:45 or
	 74:56:01:48 to develop and submit
	 a corrective action plan for responding to any contaminated soils or
	 groundwater shall submit the plan according to a schedule established by the
	 department.
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 shall consider:
(1) The
  physical and chemical characteristics of the regulated substance, including its
  toxicity, persistence, and potential for migration;
(2) The hydrogeologic characteristics of the
  facility and the surrounding land;
(3) The proximity, quality, and current and
  future uses of groundwater;
(4) An
  exposure assessment; and
(5) The
  proximity, quality, and current and future uses of surface waters.
Upon approval of the corrective action plan, the owners or operators
	 shall implement the plan and monitor, evaluate, and report the results of
	 implementation as required by the department.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:51 - Reporting of hazardous substance releases from UST systems

Current through Register Vol. 51, page 10, July 15, 2024
In addition to fulfilling all reporting requirements under §
									74:56:01:50, each owner or
	 operator of hazardous substance USTs shall, within 30 days after confirmation
	 or discovery of a release to the environment, submit a written report
	 containing the following information to the department:
(1) The route of migration of the release to
  the extent known from available information;
(2) Characteristics of the surrounding soil,
  such as soil composition, geology, hydrogeology, and climate;
(3) Results of any monitoring or sampling
  conducted in connection with the release, if available. If sampling or
  monitoring data relating to the release are not available within 30 days, these
  data shall be submitted to the department as soon as they become
  available;
(4) Proximity to
  downgradient drinking water, surface water, and population areas; and
(5) Description of response actions taken or
  planned.
Editor's Note:
Section 74:56:01:50 was repealed
		effective February 24, 1997, by rule making recorded at 23 SDR
		131.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:52 - Temporary removal from use

Current through Register Vol. 51, page 10, July 15, 2024
If an UST system is taken out of service for less than three months
	 and regulated substances are left in the tank, the owner or operator must
	 continue operation and maintenance of cathodic protection as required in §
									74:56:01:14, §
									74:56:01:23.1 and release
	 detection as required in §
									74:56:01:25 and must comply with
	 §§
									74:56:01:40 to
	 74:56:01:51, inclusive, if a
	 release is suspected or confirmed. If regulated substances have been removed
	 from the tank owners and operators must only comply with the requirements
	 contained in §
									74:56:01:14.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:53 - Temporary closure

Current through Register Vol. 51, page 10, July 15, 2024
If an UST system is taken out of service for 3 months or more and
	 regulated substances are left in the tank, the owner or operator must comply
	 with §
									74:56:01:52. Owners or operators
	 must also leave vent lines open and functioning and cap and secure all other
	 lines, pumps, manways, and ancillary equipment.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:53.01 - Bringing UST systems back into service

Current through Register Vol. 51, page 10, July 15, 2024
UST systems that have been temporarily closed and contain no regulated
	 substances which have been left in the tank may be brought back into service
	 for the storage of regulated substances if they comply with §
									74:56:01:09 and are
	 tightness-tested within 24 hours of the initial filling of the tank or have
	 implemented one or more of the approved monthly release detection methods in
	 accordance with §
									74:56:01:24.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:54 - Permanent closure

Current through Register Vol. 51, page 10, July 15, 2024
If an UST system is taken out of service for longer than 12 months, it
	 shall be permanently closed, if it does not meet either performance standards
	 in §
									74:56:01:04 for new UST systems or
	 upgrading requirements in §
									74:56:01:10, except that the spill
	 and overfill equipment requirements in §
									74:56:01:07 do not have to be met.
	 Owners and operators must permanently close substandard UST systems at the end
	 of this 12 month period, unless the department provides an extension of the 12
	 month temporary closure period.
At least 30 days before permanent closure, the owner or operator shall
	 notify the department and assess the excavation area around the UST system for
	 releases. This requirement is satisfied if one of the external monitoring
	 release detection methods allowed under §
									74:56:01:24 is in use at the site
	 at the time of closure or if the owner or operator uses:
(1) Portable gas chromatograph
  mapping;
(2) Laboratory analysis of
  soil samples for hydrocarbon or chemical contamination in the unsaturated
  zone;
(3) Laboratory analysis of
  groundwater surrounding the tank for released product; or
(4) An equivalent site assessment method that
  has been approved by the department.
This provision applies to all UST system closures that took place
	 before November 29, 1987, and were not removed from the ground or filled with
	 an inert solid material.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:55 - Postclosure requirements

Current through Register Vol. 51, page 10, July 15, 2024
Postclosure requirements are as follows:
(1) Releases: If a release is discovered as a
  result of the activities under §
									74:56:01:52,
  74:56:01:53, or 74:56:01:54 or by
  any other manner, the owner or operator must comply with the corrective action
  requirements of §§
									74:56:01:44 to
  74:56:01:51, inclusive;
(2) Tank disposal: All tanks that are taken
  out of service permanently must be emptied and either removed from the ground
  or filled with an inert solid material in accordance with a code of practice
  developed by a nationally recognized association or independent testing
  laboratory as specified in 40 C.F.R. §
										280.71 as
  published at 80 FR (July 15, 2015);
(3) Recordkeeping: Each UST system owner or
  operator must maintain records in accordance with §
									74:56:01:23 which are capable of
  demonstrating compliance with closure procedures required under this section.
  These records must:
(a) Be maintained in
  accordance with §
										74:56:01:38 when release detection
  is conducted in accordance with the temporary closure requirements of §
										74:56:01:53; and
(b) Provide the results of the excavation
  area assessment required in §
										74:56:01:54. The results must be
  maintained for at least three years after permanent closure in one of the
  following ways:
(i) By the owner and operator
  who took the UST system out of service;
(ii) By the current owner and operator of the
  UST system;
(iii) By mailing the
  records to the department if they cannot be maintained at the closed
  facility;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:56 - Failure to comply

Current through Register Vol. 51, page 10, July 15, 2024
Each regulated UST system must comply with the requirements of this
	 chapter. Failure to comply with these requirements may result in the UST system
	 being designated ineligible to receive further deliveries of
	 product.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:57 - Field constructed tanks/airport hydrant systems

Current through Register Vol. 51, page 10, July 15, 2024
Field constructed tanks and airport hydrant systems must comply with
	 the requirements contained in 40 C.F.R. § 280 Subpart K as published at 80
	 FR (July 15, 2015). Any tank system installed after October 15, 2018, must meet
	 these requirements at the time of installation. Tank systems installed prior to
	 October 15, 2018, must comply with leak detection, operation and maintenance
	 requirements by October 15, 2021.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:02 - Financial responsibility › Section 74:56:02:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to owners and operators of all underground storage
	 tanks containing petroleum except as otherwise provided in this section.
The owners and operators of underground storage tanks are subject to
	 the requirements of this chapter if they are in operation on or after the date
	 for compliance established in
	 40 C.F.R. §
										280.91, as published on October 26, 1988, in
	 the Federal Register.
The state and its political subdivisions and agencies of the federal
	 government whose debts and liabilities are the debts and liabilities of the
	 state or its political subdivisions or of the United States are exempt from the
	 financial responsibility requirements of this chapter.
The requirements of this chapter do not apply to owners or operators of
	 any of the following types of underground storage tank systems:
(1) Wastewater treatment tanks;
(2) Sumps;
(3) Underground storage tank systems
  containing used oil;
(4)
  Underground storage tank systems containing radioactive waste;
(5) Electrical equipment tanks;
(6) Hydraulic lift tanks;
(7) Any underground storage tank with a
  capacity of 110 gallons or less;
(8) Any emergency spill or overfill
  containment system that is expeditiously emptied after use; and
(9) Any underground storage tank system that
  contains a de minimis concentration of a regulated substance.
If the owner and operator of an underground storage tank are not the
	 same person, only one person is required to demonstrate financial
	 responsibility; however, both parties are liable in event of noncompliance.
	 Regardless of which party complies, the date set for compliance at a particular
	 facility is determined by the characteristics of the owner as set forth in
	 40 C.F.R. §
											280.91 published in the Federal Register on
	 October 26, 1988.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:02 - Financial responsibility › Section 74:56:02:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
"Petroleum underground storage tank," "petroleum UST," when used in
	 40 C.F.R. §§
										280.91 to
	 280.112, inclusive (October 26,
	 1988), means tanks containing regulated substances as defined in SDCL
	 34A-2-98.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:02 - Financial responsibility › Section 74:56:02:03 - Financial responsibility and lender liability rules

Current through Register Vol. 51, page 10, July 15, 2024
The definitions, reference, petitions, and other procedures in
	 40 C.F.R. §§
										280.90 to
	 280.115 and
	 40 C.F.R. §§
										280.200 to
	 280.230, inclusive, as published
	 on July 15, 2015, constitute the financial responsibility and lender liability
	 rules for underground storage tanks.
General Authority:
SDCL
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
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 74:56:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter mean:
(1) "AST system," an aboveground stationary
  storage tank or combination of tanks, including connected piping, excluding any
  facility defined in this chapter that is covered by department of
  transportation regulation 49 C.F.R. § 195 (1985);
(2) "Cathodic protection," a technique to
  prevent corrosion of a metal surface by making that surface the cathode of an
  electrochemical cell; protection of tank system through the application of
  either galvanic anodes or impressed current;
(2.1) "Cathodic protection tester," a person
  who demonstrates an understanding of the principles and measurements of all
  common types of cathodic protection systems as applied to aboveground storage
  tanks and associated piping;
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 74:56:03:02 - Notification requirements

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators of AST systems must notify the department of the
	 existence of such systems on a notification form provided by the
	 department.
Owners or operators of AST systems taken out of operation after January
	 1, 1974, must notify the department and any designated local notification
	 agencies of the existence of such systems unless the owners or operators know
	 that such systems have been removed or properly closed as specified in §
									74:56:03:28.
Owners or operators who being AST systems into use must notify the
	 department and any designated local notification agencies of the existence of
	 such AST systems at least 30 days before installation of the systems.
Department approval of submitted plans and specifications must be
	 obtained before installation of AST systems commences. Approval of plans and
	 specifications shall be based upon compliance with the requirements contained
	 in this chapter.
Owners or operators may provide notice for several AST systems using
	 one notification form, but owners or operators who own or operate AST systems
	 located at more than one place of operation must file a separate notification
	 form for each separate place of operation. Notices submitted under this section
	 must provide all information indicated on the notification form for each AST
	 system. Owners or operators must notify the department of any changes in the
	 information contained on a notification form at least 30 days after the
	 change.
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 74:56:03:03 - Certification of compliance with requirements

Current through Register Vol. 51, page 10, July 15, 2024
When owners or operators of new or upgraded AST systems have complied
	 with any of the following requirements, they must certify compliance to the
	 department on a certification of compliance form provided by the
	 department:
(1) Installation of AST
  systems under §
									74:56:03:10;
(2) Upgrading of existing AST systems under
  §
									74:56:03:08;
(3) Secondary containment under §
									74:56:03:11 or
  74:56:03:12;
(4) Release detection under §
									74:56:03:19; and
(5) Cathodic protection, if applicable, under
  §
									74:56:03:14.
All owners or operators of new or upgraded AST systems must assure that
	 the installer certifies on the certification of compliance form that the
	 methods used comply with the requirements listed in this section.
Owners or operators of AST systems must notify the department of any
	 changes to the information stated on the certification of compliance form at
	 least 30 days after the change.
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 74:56:03:04 - General requirements for AST systems

Current through Register Vol. 51, page 10, July 15, 2024
General requirements for AST systems are as follows:
(1) Owners or operators of new AST systems
  located at facilities of 250,000 gallons total capacity or less must implement
  one or more of the following requirements:
(a)
  Meet performance standards for new AST systems as specified in §
										74:56:03:07 and have overfill
  control as specified in subdivision 74:56:03:13(2);
(b) Meet secondary containment requirements
  specified in §
										74:56:03:11 or
  74:56:03:12, whichever is
  applicable; or
(c) Meet release
  detection requirements specified in §
										74:56:03:19;
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 74:56:03:05 - Internal inspection requirements

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators of all AST systems must comply with the following
	 internal inspection requirements:
(1)
  All owners or operators of AST systems which are located at a facility of a
  total capacity of 250,000 gallons or less must internally inspect their tanks
  every two years until they comply with one of the requirements in subdivision
  74:56:03:04(1);
(2) All owners or
  operators of AST systems which are located at a facility of a total capacity
  over 250,000 gallons must internally inspect their tanks located at that
  facility every two years until they comply with subdivision
  74:56:03:04(3);
(3) After meeting
  the requirements in subdivision 74:56:03:04(1), all owners or operators of a
  facility of 250,000 gallons total capacity or less must internally inspect
  their tanks every ten years. Those AST systems which have only release
  detection must be internally inspected every five years;
(4) After meeting the requirements in
  subdivision 74:56:03:04(3), all owners or operators of a facility over 250,000
  gallons total capacity must internally inspect their tanks every ten years.
A tank at or under 25,000 gallons total capacity is exempt from the
	 requirements of this section.
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 74:56:03:06 - Variance from internal inspection requirements

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators of an AST which cannot comply with the requirements
	 of §
									74:56:03:05 may request a variance
	 from the department by submitting justification for the variance. Criteria
	 considered in granting variances include adverse impacts to the operation of
	 the AST system, potential for damage to the structural integrity of the AST
	 system, and other similar factors which may limit the performance of internal
	 inspections.
General Authority:
SDCL
		34A-2-93,
		34A-2-101.
Law Implemented:
SDCL
		34A-2-100,
		34A-2-101.