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 74:56:01:03 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to all owners or operators of
	 an UST system except the following:
(1) Underground storage tank systems
  containing hazardous wastes listed or identified under Subtitle C of the Solid
  Waste Disposal Act of 1984, as amended to June 1, 2008, or a mixture of
  hazardous waste and other regulated substances;
(2) Any wastewater treatment tank system that
  is part of a wastewater treatment facility regulated under § 402 or 307(b)
  of the Clean Water Act 1972, as amended to June 1, 2008;
(3) Equipment or machinery that contains
  regulated substances for operational purposes, such as hydraulic lift tanks and
  electrical equipment tanks;
(4) Any
  UST system whose capacity is 110 gallons or less;
(5) Any UST system that contains a de minimis
  concentration of regulated substances; and
(6) Any emergency spill or overflow
  containment UST system that is expeditiously emptied after use.
Effective October 13, 2018, previously deferred underground storage
	 tanks associated with airport hydrant fuel distribution systems and underground
	 storage tanks used solely for emergency power generators must comply with all
	 sections of this chapter in accordance to established effective
	 dates.
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 74:56:01:04 - Performance standards for new UST systems - General requirements

Current through Register Vol. 51, page 10, July 15, 2024
In order to prevent releases due to structural failure or corrosion,
	 spills, and overfills for as long as the UST system is used to store regulated
	 substances, all owners or operators of new UST systems shall meet the
	 requirements described in §§
									74:56:01:05 to
	 74:56:01:08,
	 inclusive.
General Authority:
SDCL
		34A-2-93.
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 74:56:01:05 - Performance standards for new UST systems - Tanks

Current through Register Vol. 51, page 10, July 15, 2024
Each tank in a new UST system must be designed, constructed, and
	 protected from corrosion in accordance with a code of practice developed by a
	 nationally recognized association or independent testing laboratory as
	 specified in 40 C.F.R.
	 §
										280.20, as revised on July 15, 2015,
	 for each type of tank listed. Tanks that may be used in a new UST system are as
	 follows:
(1) A tank constructed of
  fiberglass-reinforced plastic;
(2)
  A tank constructed of coated steel that is cathodically protected with a
  factory- or field-installed cathodic protection system designed by a corrosion
  expert and is operated and maintained in accordance with §
									74:56:01:14;
(3) A tank constructed of a
  steel-fiberglass-reinforced plastic composite; or
(4) A tank whose design, construction, and
  corrosion protection is determined by the department to prevent the release of
  any stored regulated substance in a manner that is no less protective of human
  health and the environment than subdivisions (1) to (3), inclusive, of this
  section;
Any new tank installed after January 1, 2009, within 1,000 feet of an
	 existing community water system or any potable drinking water well must have
	 secondary containment and be monitored for leaks in accordance with §
										74:56:01:30. Any new tank
	 installed after October 13, 2018, must have secondary containment and be
	 monitored for leaks 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 74:56:01:06 - Performance standards for new UST systems - Piping

Current through Register Vol. 51, page 10, July 15, 2024
The underground piping for a new UST system must be designed,
	 constructed, and protected from corrosion in accordance with a code of practice
	 developed by a nationally recognized association or independent testing
	 laboratory as specified in 40 C.F.R. §
										280.20, as
	 revised on July 15, 2015, for each type of piping listed. Underground piping
	 that may be used in a new UST system is as follows:
(1) Piping constructed of non-corrodible
  material;
(2) Piping that is coated
  steel and cathodically protected with a field-installed cathodic protection
  system that is designed by a corrosion expert and operated and maintained in
  accordance with §
									74:56:01:14; or
(3) Piping whose design, construction, and
  corrosion protection is determined by the department to prevent the release of
  any stored regulated substance in a manner that is no less protective of human
  health and the environment than the requirements in subdivisions (1) and (2) of
  this section.
Any new piping installed after January 1, 2009, within 1,000 feet of an
	 existing community water system or any potable drinking water well must have
	 secondary containment and be monitored for leaks in accordance with §
										74:56:01:30. Any new piping
	 installed after October 13, 2018, must have secondary containment, including
	 under dispenser sumps in accordance with §
										74:56:01:10.03 and be monitored
	 for leaks in accordance with §
										74:56:01:30.
General Authority:
SDCL
		34A-2-93.
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 74:56:01:07 - Performance standards for new UST systems - Spill and overfill protection

Current through Register Vol. 51, page 10, July 15, 2024
To prevent spilling and overfilling associated with product transfer to
	 the UST system, owners or operators shall use spill and overfill prevention
	 equipment as outlined by §
									74:56:01:13.
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 74:56:01:08 - Performance standards for new UST systems - Installation requirements and submission of proof of compliance with requirements

Current through Register Vol. 51, page 10, July 15, 2024
All tanks and piping must be installed according to a code of practice
	 developed by a nationally recognized association or independent testing
	 laboratory as specified in 40 C.F.R. §
										280.20 as
	 published at 80 FR (July 15, 2015) and in accordance with the manufacturer's
	 instructions.
All owners or operators shall submit information demonstrating
	 compliance with this section and provide a certification of compliance on the
	 UST notification form in accordance with §
									74:56:01:12.
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 74:56:01:09 - Upgrading of existing UST systems - General requirements and deadlines

Current through Register Vol. 51, page 10, July 15, 2024
All existing UST systems installed before November 30, 1987, must be
	 upgraded to comply with the requirements contained in this section and in
	 §
									74:56:01:10 or be replaced and
	 comply with the performance standards for new USTs set forth in §
									74:56:01:04.
Owners or operators must meet the upgrade requirements detailed in
	 §
									74:56:01:10 no later than December
	 22, 1998, with the exception of the release detection requirements, which must
	 be met according to the schedule set forth in §
									74:56:01:24. If UST systems are
	 not upgraded by these dates, they must be temporarily removed from use in
	 accordance with §
									74:56:01:52 or be permanently
	 closed in accordance with §
									74:56:01:54.
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 74:56:01:10 - Upgrading of existing USTs - Specific requirements

Current through Register Vol. 51, page 10, July 15, 2024
All existing USTs must meet each of the following upgrade
	 requirements:
(1) Spill and overfill
  protection. To prevent spilling and overfilling associated with product
  transfer to the UST system, all existing UST systems must comply with the spill
  and overfill prevention equipment requirements for new USTs specified in §
									74:56:01:07;
(2) Release detection. UST system owners or
  operators shall provide a method or combination of methods of release detection
  that can detect a release from any portion of the tank and the connected
  underground piping that routinely contains product. The release detection
  method must be installed, calibrated, operated, and maintained in accordance
  with the manufacturer's instructions and must meet the performance requirements
  of §
									74:56:01:24 or the owners or
  operators shall permanently close the UST system or systems;
(3) Piping upgrade. Metal piping that
  routinely contains regulated substances and is in contact with the ground must
  be cathodically protected in accordance with a code of practice developed by a
  nationally recognized association or independent testing laboratory as
  specified in 40 C.F.R.
  §
										280.20 as published at 80 FR 41566
  (July 15, 2015), and must meet the cathodic protection requirements for tanks
  detailed in subdivision (4) of this section;
(4) Cathodic protection and interior lining.
  Existing steel USTs must be upgraded to meet one of the following requirements
  in accordance with a code of practice developed by a nationally recognized
  association or independent testing laboratory as specified in
  40 C.F.R. §
										280.21 as published at 80 FR (July 15, 2015):
(a) Cathodic protection. UST systems may be
  upgraded by cathodic protection if the system selected meets the requirements
  of §
										74:56:01:14 and the integrity of
  the tank is ensured by one of the following methods:
(i) Inspecting the tank to ensure it is sound
  and free of corrosion holes prior to installation of the cathodic protection
  system;
(ii) Ensuring that the tank
  has been installed for less than ten years and monitoring the tank for releases
  in accordance with §
											74:56:01:24;
(iii) Ensuring that the tank has been
  installed for less than ten years and assessing the tank for corrosion holes by
  conducting two tightness tests, the first test before the cathodic protection
  system is installed and the second test between three and six months after the
  first operation of the cathodic protection system; or
(iv) Assessing the tank for corrosion holes
  by a method approved by the department; or
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 74:56:01:10.01 - Replacement of existing UST systems - Tanks

Current through Register Vol. 51, page 10, July 15, 2024
Any existing UST system that is replaced after October 13, 2018, must
	 be upgraded to provide secondary containment and be monitored for leaks 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 74:56:01:10.02 - Replacement of existing UST systems - Piping

Current through Register Vol. 51, page 10, July 15, 2024
If 50 percent or more of existing piping is replaced after October 13,
	 2018, then the entire pipe run must have secondary containment and must include
	 under-dispenser sumps. Replaced systems must be designed, constructed, and
	 installed to allow for proper leak detection 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 74:56:01:10.03 - Installation of under-dispenser sumps

Current through Register Vol. 51, page 10, July 15, 2024
Any new dispenser island or replacement island installed after January
	 1, 2009, must include one or more under-dispenser sump unless the new dispenser
	 is located more than 1,000 feet from any existing community water system or any
	 existing potable drinking water well. Any new dispenser island or replacement
	 island installed after October 13, 2018, must include one or more
	 under-dispenser sump. Each under-dispenser sump must be designed, constructed,
	 and installed to:
(1) Prevent releases
  to the environment;
(2) Be
  compatible with the substances carried by the piping;
(3) Allow for monitoring of releases;
  and
(4) Be liquid tight.
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 74:56:01:11 - Notification requirements for UST systems

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of UST systems shall comply with the following
	 notification requirements:
(1) Owners
  or operators of UST systems currently in use must submit, on the notification
  form provided by the department, a notice of existence of such UST systems to
  the department and any designated local notification agency;
(2) Owners or operators of UST systems taken
  out of operation after January 1, 1974, (unless the owners or operators know
  that such UST systems have been removed from the ground) must submit, on the
  notification form provided by the department, a notice of the existence of such
  UST systems to the department and any designated local notification
  agency;
(3) Any owners or operators
  who bring UST systems into use or upgrade an existing UST system after May 8,
  1986, must submit UST installation plans and specifications at least 30 days
  before installation to the department and any designated local notification
  agency for review and approval. Installation of the UST system may not begin
  without prior approval of the department;
(4) Within 30 days after installing a new UST
  or upgrading an existing UST system in accordance with approved plans and
  specifications, owners or operators must notify the department on a
  notification form provided by the department;
(5) Owners or operators may provide notice
  for several UST systems using one notification form, but owners or operators
  who own UST systems located at more than one place of operation must file a
  separate notification form for each separate place of operation;
(6) Notices to be submitted under
  subdivisions (1) to (3), inclusive, of this section must provide all
  information indicated on the notification form for each tank. Owners or
  operators must notify the department of any changes to the information stated
  on the notification form within 30 days after the change;
(7) Any person who sells a tank intended to
  be used as an UST must notify the purchaser of the tank of the notice
  obligations of owners or operators under subdivisions (1) to (3), inclusive, of
  this section;
(8) Within 30 days of
  acquisition, any person who assumes ownership of a regulated underground
  storage tank system must submit a notice of the ownership change to the
  department and any designated local notification agency on the Change of
  Ownership form provided by the department;
(9) Subdivisions (1) to (3), inclusive, of
  this section do not apply to tanks for which notice was given pursuant to
  § 103(c) of the Federal Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980.
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 74:56:01:12 - Completion of certification of compliance form for UST systems

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of new and upgraded UST systems shall certify
	 on the certification of compliance form, provided by the department, when they
	 have complied with any of the following requirements:
(1) Installation of tanks and piping under
  §
									74:56:01:08;
(2) Upgrading existing UST systems under
  §
									74:56:01:09;
(3) Release detection under §
									74:56:01:24;
(4) Financial responsibility under chapter
  74:56:02; and
(5) Cathodic
  protection under §
									74:56:01:14.
All owners or operators of new and upgraded UST systems shall assure
	 that the installer certifies on the certification of compliance form that the
	 methods used to install the tanks and piping comply with the requirements in
	 §
										74:56:01:08.
Owners or operators shall notify the department of any changes to the
	 information stated in the certification of compliance form within 30 days after
	 the change.
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 74:56:01:13 - Spill and overfill control

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators shall ensure that releases due to spills or
	 overfills do not occur. The owner or operator shall ensure that the volume
	 available in the tank is greater than the volume of product to be transferred
	 to the tank before the transfer is made and that a person is physically present
	 at all times during the transfer to prevent overfilling and spilling.
All new and existing UST systems must use spill prevention equipment
	 that will prevent release of product to the environment when the transfer hose
	 is detached from the fill pipe, such as a spill catchment basin, and one or
	 more of the following spill or overfill prevention devices:
(1) A sensor for measuring the level of
  product in the tank, equipped with an audible or visual alarm that is triggered
  when the tank is 90 percent full;
(2) A device designed to cause flow into the
  tank to shut off automatically when the tank is 95 percent full; or
(3) An equivalent device designed to prevent
  releases due to spills and overfills that has been approved by the department.
All owners or operators of existing UST systems must use one or more of
	 the spill and overfill prevention devices specified in this section for each
	 tank no later than December 22, 1998. Owners or operators are not required to
	 use spill and overfill prevention devices if the UST system is filled by
	 transfers of no more than 25 gallons at one time.
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 74:56:01:14 - Operation and maintenance of cathodic protection

Current through Register Vol. 51, page 10, July 15, 2024
All owners or operators of metal UST systems with cathodic protection
	 shall comply with the following requirements:
(1) All cathodic protection systems must be
  maintained so the operation will provide continuous cathodic protection to the
  metal components of the UST system that routinely contain regulated substances
  and are in contact with the soil;
(2) All UST systems equipped with cathodic
  protection systems must be inspected by a cathodic protection tester. The
  tester must test the cathodic protection system within six months after
  installation or when the soil in the excavation area has compacted to ensure
  adequate protection as specified in
  40 C.F.R. §
										280.31 as published at 80 FR (July 15, 2015)
  and every three years thereafter;
(3) All UST systems with impressed current
  must be checked by the owners or operators every 60 days to ensure that the
  system is operating properly.
(4)
  Results of corrosion tests and system checks must be maintained in accordance
  with § 74:03:28:06.16 and § 74:03:28:06.23.
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 74:56:01:15 - Operation and maintenance of cathodic protection - Criteria for taking tests

Current through Register Vol. 51, page 10, July 15, 2024
One or more of the following criteria must be met when taking tests of
	 UST systems:
(1) A negative potential
  of at least 0.85 volts (V) measured between the UST system and a saturated
  copper sulfate (Cu2SO4) reference
  electrode touching the soil above the tank;
(2) A negative shift in potential of at least
  300 millivolts (mV) (.30V) as measured between the UST system and the copper
  sulfate electrode. This shift is the difference between the unprotected
  potential and the potential with the impressed current applied;
(3) A negative polarization potential shift
  of at least 100 millivolts (mV) (.10V) as measured between the UST system and
  the copper sulfate reference electrode contacting the soil. This shift is the
  polarization decay determined after the protective current is disconnected;
  or
(4) Other criteria that
  demonstrate proper levels of corrosion protection, as approved by the
  department.
Voltage measurements (IR drops) other than those across the electrolyte
	 boundary of the structure are considered valid voltage measurements taken for
	 the criteria in subdivision (1) to (3), inclusive, of this section.
Owners or operators of all new and upgraded UST systems shall certify
	 compliance with corrosion protection requirements on the certification of
	 compliance form in accordance with §
										74:56:01:12.
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 74:56:01:16 - Operation and maintenance of cathodic protection - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
The results of all cathodic protection testing and system checks, as
	 well as the results of the last two inspections performed by a qualified
	 cathodic protection tester in accordance with subdivision 74:56:01:14(2) and,
	 if applicable, the results of the last three inspections as required in
	 subdivision 74:56:01:14(3), must be maintained.
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 74:56:01:17 - Compatibility

Current through Register Vol. 51, page 10, July 15, 2024
Owners or operators shall use an UST system made of or lined with
	 materials that are compatible with the substance stored in the system.
Owners and operators must notify the department and any designated
	 local notification agency at least 30 days prior to switching to a regulated
	 substance containing greater than 10 percent ethanol, or greater than 20
	 percent biodiesel, or any other regulated substance identified by the
	 department. In addition, owners and operators with UST systems storing these
	 regulated substances must meet one of the following;
(1) Demonstrate compatibility of the UST
  system (including the tank, piping, containment sumps, pumping equipment,
  release detection equipment, spill equipment, and overfill equipment). Owners
  and operators may demonstrate compatibility of the UST system by using one of
  the following options:
(a) Certification or
  listing of UST system equipment or components by a nationally recognized,
  independent testing laboratory for use with the regulated substance stored;
  or
(b) Equipment or component
  manufacturer approval. The manufacturers approval must be in writing, indicate
  an affirmative statement of compatibility, specify the range of biofuel blends
  the equipment or component is compatible with, and be from the equipment or
  component manufacturer; or
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 74:56:01:18 - Repairs allowed - General requirements

Current through Register Vol. 51, page 10, July 15, 2024
An UST system may be repaired and relined if the owner and operator
	 receives a certification in writing either by the person performing the repairs
	 or a registered professional engineer that all of the conditions in this
	 section and §§
									74:56:01:19 to
	 74:56:01:22, inclusive, are met.
	 Owners or operators of UST systems shall ensure that repairs prevent releases
	 due to structural failure or corrosion as long as the UST system is used to
	 store regulated substances. Repairs to UST systems shall be made in accordance
	 with a code of practice developed by a nationally recognized association or an
	 independent testing laboratory as specified in
	 40 C.F.R. §
										280.33 as published at 80 FR (July 15, 2015).
	 All repairs shall be made in accordance with this section and §§
									74:56:01:19 to
	 74:56:01:22, inclusive.
All steel tanks with corrosion holes that are subsequently repaired
	 must be retrofitted with a cathodic protection system that is designed by a
	 corrosion expert and operated and maintained in accordance with §
									74:56:01:14 or relined in
	 accordance with §
									74:56:01:19.
The owner and operator must have a tank tightness test in accordance
	 with §
									74:56:01:26 performed within 30
	 days after the repair of all UST systems that are without interstitial
	 monitoring or other release detection that is sampled at least every 30
	 days.
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 74:56:01:19 - Repairs allowed - Lining

Current through Register Vol. 51, page 10, July 15, 2024
An UST system may be repaired or lined if the owner or operator can
	 ensure that the repair will prevent releases due to structural failure or
	 corrosion for the remaining operating life of the UST system and the owner or
	 operator receives a certification in writing by either the person performing
	 the repairs or a registered professional engineer that all of the following
	 conditions have been met:
(1) The
  lining material is compatible with the regulated substance stored;
(2) The tank was inspected internally and
  tested ultrasonically and was determined to be structurally sound;
(3) The tank had not been repaired or lined
  previously; and
(4) Within ten
  years after lining and every five years thereafter the lined tank is inspected
  internally and found to be structurally sound, with the lining still performing
  in accordance with original design specifications.
The department may approve other methods for assessing the structural
	 integrity of the tanks if the reliability of the method can be demonstrated to
	 the department's satisfaction.
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 74:56:01:20 - Repairs allowed - Fiberglass-reinforced plastic tank systems

Current through Register Vol. 51, page 10, July 15, 2024
Fiberglass-reinforced plastic tanks may be repaired if the owner or
	 operator can ensure that repairs will prevent releases due to structural
	 failure for the remaining operating life of the UST. Repairs may be made only
	 by the manufacturer's authorized representatives.
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 74:56:01:21 - Repairs allowed - Piping

Current through Register Vol. 51, page 10, July 15, 2024
Pipe sections and fittings that have released product as a result of
	 corrosion or other damage must be replaced. Replacement piping and fittings
	 must meet the requirements of §§
									74:56:01:04 and
	 74:56:01:17. Loose fittings and
	 joints in piping that have been tightened to eliminate leakage may be put back
	 into service. Repaired, replaced, or tightened lines, fittings, or joints must
	 be pressure-tested within 30 days following the date of completion of
	 repairs.
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 74:56:01:22 - Repairs allowed - Recordkeeping

Current through Register Vol. 51, page 10, July 15, 2024
All UST system owners or operators with a repaired tank shall maintain
	 records capable of demonstrating compliance with requirements of this section
	 for the remaining operating life of the UST system. A signed certification in
	 accordance with §
									74:56:01:18 and a record of the
	 results of all performance tests required under §
									74:56:01:18 and §§
									74:56:01:19 to
	 74:56:01:21, inclusive, satisfy
	 this requirement.
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 74:56:01:23 - Maintenance and availability of records

Current through Register Vol. 51, page 10, July 15, 2024
All UST system owners or operators shall cooperate fully with
	 inspections, monitoring, and testing conducted by the department, as well as
	 with requests for document submission, testing, and monitoring by the owner or
	 operator pursuant to § 9005 of Subtitle I of the Resource Conservation and
	 Recovery Act (RCRA) as amended 1984. All records required in this chapter shall
	 be maintained on site and immediately available for inspection or shall be made
	 available for inspection to the department at a site within this state within
	 24 hours.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.
Recordkeeping, §
											74:56:01:38.
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 74:56:01:23.01 - Periodic testing of spill prevention equipment and containment sumps - General requirements

Current through Register Vol. 51, page 10, July 15, 2024
Owners and operators of UST systems with spill and overfill prevention
	 equipment and containment sumps used for interstitial monitoring of piping must
	 meet these requirements to ensure the equipment is operating properly and will
	 prevent releases to the environment:
(1) Spill prevention equipment (such as a
  catchment basin, spill bucket, or other spill containment device) and
  containment sumps used for interstitial monitoring of piping must prevent
  releases to the environment by meeting one of the following:
(a) The equipment is double walled and the
  integrity of both walls is periodically monitored at a frequency not less than
  the frequency of the walkthrough inspections described in §
										74:56:01:23.2. Owners and
  operators must begin meeting paragraph (1)(b) of this section and conduct a
  test within 30 days of discontinuing periodic monitoring of this equipment;
  or
(b) The spill prevention
  equipment and containment sumps used for interstitial monitoring of piping are
  tested at least once every three years to ensure the equipment is liquid tight
  by using vacuum, pressure, or liquid testing in accordance with one of the
  following criteria:
(i) Requirements
  developed by the manufacturer (Note: Owners and operators may use this option
  only if the manufacturer has developed requirements);
(ii) Code of practice developed by a
  nationally recognized association or independent testing laboratory;
  or
(iii) Requirements determined by
  the implementing agency to be no less protective of human health and the
  environment than the requirements listed in paragraphs (1)(b)(i) and (ii) of
  this section.
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 74:56:01:23.02 - Periodic operation and maintenance walkthrough inspections

Current through Register Vol. 51, page 10, July 15, 2024
To properly operate and maintain UST systems, not later than October
	 13, 2021 owners and operators must meet one of the following:
(1) Conduct a walkthrough inspection that, at
  a minimum, checks the following equipment as specified below:
(a) Every 30 days (Exception: spill
  prevention equipment at UST systems receiving deliveries at intervals greater
  than every 30 days may be checked prior to each delivery):
(i) Spill prevention equipment-visually check
  for damage; remove liquid or debris; check for and remove obstructions in the
  fill pipe; check the fill cap to make sure it is securely on the fill pipe;
  and, for double walled spill prevention equipment with interstitial monitoring,
  check for a leak in the interstitial area; and
(ii) Release detection equipment-check to
  make sure the release detection equipment is operating with no alarms or other
  unusual operating conditions present; and ensure records of release detection
  testing are reviewed and current; 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 74:56:01:24 - Release detection for all UST systems - General requirements and deadlines

Current through Register Vol. 51, page 10, July 15, 2024
Subject to subdivision (2) of this section, each owner or operator of
	 existing UST systems shall provide for each UST a method or combination of
	 methods of release detection that meets the following requirements:
(1) The release detection method or methods
  must be:
(a) Capable of detecting a release
  from any portion of the UST system;
(b) Installed, calibrated, operated, and
  maintained in accordance with the manufacturer's instructions, including
  routine maintenance and service checks for operating or running
  condition;
(c) Capable of meeting
  the performance requirements for that method in §§
										74:56:01:26 to
  74:56:01:33, inclusive, with any
  performance claims and their manner of determination described in writing by
  the equipment manufacturer or installer.
(d) When a release detection method operated
  in accordance with the performance standards in §
										74:56:01:25 74:56:01:31 and
  74:56:01:34-35 indicates a release may have occurred, owners and operators must
  notify the department in accordance with 74:56:01:40.
(e) Sampled, tested, or checked for releases
  at least once each 30 days, except as provided for tank testing in §
										74:56:01:26;
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 74:56:01:25 - Release detection requirements for regulated substance UST systems - Excluding hazardous substances

Current through Register Vol. 51, page 10, July 15, 2024
Each owner or operator of a regulated substance UST system, excluding
	 hazardous substances, shall use one of the release detection methods specified
	 in §§
									74:56:01:26 to
	 74:56:01:33, inclusive, in
	 accordance with the requirements listed for each method and shall notify the
	 department of the selected method of release detection in accordance with
	 §
									74:56:01:11.
(1) Any new tank installed on or before
  January 1, 2009, must be monitored for leaks in accordance with §
									74:56:01:26 to §
									74:56:01:33.
(2) Any new tank installed after January 1,
  2009, that is not located within 1,000 feet of an existing community water
  system or potable drinking water well, must be monitored for leaks in
  accordance with §
									74:56:01:26 to §
									74:56:01:33. Any tank located
  within 1,000 feet of an existing community water system or potable drinking
  water well, must be monitored for leaks in accordance with §
									74:56:01:30.
(3) Any new tank installed after October 13,
  2018, must be monitored for leaks 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 74:56:01:26 - Release detection requirements - Tank tightness testing and inventory reconciliation

Current through Register Vol. 51, page 10, July 15, 2024
A combination of tank system tightness testing and product inventory
	 reconciliation or another test of equivalent performance may be used to meet
	 release detection requirements if they meet the following requirements:
(1) the tightness test testing is conducted
  at least once every five years until ten years after the tank is installed or
  upgraded under §§
									74:56:01:09 and
  74:56:01:10, whichever is later,
  and the testing is capable of detecting a 0.1 gallon per hour leak rate with a
  probability of detection of 0.95 and a probability of false alarm of 0.05 from
  any portion of the UST system;
(2)
  Inventory reconciliation or another test of equivalent performance is conducted
  monthly to detect a release of at least one percent of flow-through plus 130
  gallons on a monthly basis, in the following manner:
(a) Inventory volume measurements for
  regulated substance inputs, withdrawals, and the amount still remaining in the
  tank are recorded each operating day;
(b) The equipment used is capable of
  measuring the level of product over the full range of the tank's height to the
  nearest 1/8 of an inch;
(c) The
  regulated substance inputs are reconciled with delivery receipts by measurement
  of the tank inventory volume before and after delivery;
(d) Deliveries are made through a drop tube
  that extends to within one foot of the tank bottom;
(e) Product dispensing is metered and
  recorded within an accuracy of six cubic inches for every five gallons of
  product withdrawn; and
(f) The
  measurement of any water level in the bottom of the tank is made to the nearest
  1/8 of an inch at least once a month
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 74:56:01:27 - Release detection requirements - Vapor monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Testing or monitoring for vapors within the excavation area may be
	 used as a release detection method if all of the following conditions are
	 met:
(1) The materials used as
  backfill in the excavation zone (e.g., gravel, sand, crushed rock) are
  sufficiently porous to readily allow diffusion of vapors from releases into the
  excavation area;
(2) The stored
  regulated substance (e.g., gasoline) or a tracer compound placed in the tank
  system is sufficiently volatile to result in a vapor level that is detectable
  by the monitoring devices located in the excavation area in the event of a
  release from the UST system;
(3)
  The measurement of vapors by the monitoring device cannot be rendered
  inoperative by the groundwater, climatic conditions, or soil moisture so that a
  release could go undetected for more than 30 days; and
(4) The level of background contamination in
  the excavation area cannot interfere with detection of releases from the UST
  system.
The vapor monitors must be designed and operated to allow the threshold
	 level to be preset specifically for the type of regulated substance stored in
	 the tank system and must be capable of detecting any significant increase in
	 concentration of total hydrocarbons above background levels.
In the UST excavation area, the site must be assessed before
	 installation of the system to assure compliance with the requirements of this
	 section and to establish the number and positioning of monitoring wells that
	 will detect releases within the excavation area from any portion of the UST
	 system. The monitoring wells must be clearly marked and secured to avoid
	 unauthorized access and tampering.
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 74:56:01:28 - Release detection requirements - Groundwater monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Testing or monitoring for liquids on the groundwater may be used as a
	 release detection method if the following conditions are met:
(1) The regulated substance stored in the UST
  system must be immiscible in water and have a specific gravity of less than
  one;
(2) The groundwater may never
  be more than 20 feet from the ground surface and the hydraulic conductivity of
  the soils between the UST system and the monitoring wells or devices may not be
  less than 0.01 cm/sec. (For example, the soil should consist of gravels, coarse
  to medium sands, coarse silts, or other permeable materials);
(3) All the monitoring wells or devices must
  be placed in the backfill or as close to it as technically feasible, and the
  continuous monitoring devices or manual methods that are used must be able to
  detect the presence of at least 1/8 inch of free product on top of the
  groundwater in the monitoring wells;
(4) The slotted portion of the monitoring
  well casing must be designed to prevent migration of natural soils or filter
  pack into the well and to allow entry of regulated substance on the water table
  into the well under both high and low groundwater conditions;
(5) Monitoring wells shall be sealed from the
  ground surface to the top of the filter pack;
Within and immediately below the UST system excavation area, the site
	 shall be assessed before installation of the system to ensure that the number
	 and positioning of the monitoring wells or devices in the excavation area will
	 detect releases from any portion of the UST system. Monitoring wells shall be
	 clearly marked and secured to avoid unauthorized access and
	 tampering.
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 74:56:01:29 - Release detection requirements - Automatic tank monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Equipment for automatic in-tank monitoring that tests for the loss of
	 product and conducts automatic inventory reconciliation may be used as a
	 release detection method if the automatic product level monitor test is
	 conducted at least once every 30 days and the test is capable of detecting 0.2
	 gallon per hour leak rate with a probability of detection of 0.95 and a
	 probability of false alarm of 0.05 and if automatic inventory reconciliation or
	 another test of equivalent performance is conducted in accordance with the
	 requirements for inventory reconciliation in subdivision
	 74:56:01:26(2).
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 74:56:01:30 - Release detection requirements - Secondary containment with interstitial monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Interstitial monitoring between the UST system and a secondary barrier
	 immediately around it may be used as a release detection method if the
	 following conditions are met:
(1) The
  secondary barrier is designed, constructed, and installed to ensure detection
  of any release from the UST system so that corrective action can be
  taken;
(2) For double-walled UST
  systems, the sampling or testing method is capable of detecting a release
  through the inner wall;
(3) For UST
  systems with a secondary barrier within the excavation area, the sampling or
  testing method used is capable of detecting any release within the area between
  the UST system and the secondary barrier and the secondary barrier meets the
  following conditions:
(a) The secondary
  barrier around the UST system consists of native soils or artificially
  constructed material that is sufficiently thick and impermeable (at least
  10-6 centimeters per second) to permit containment
  and detection of a release;
(b) The
  liner or barrier is compatible with the regulated substance stored so that a
  release from the UST system will not cause a deterioration of the
  barrier;
(c) The groundwater, soil
  moisture, or rainfall will not render the testing or sampling method that is
  used inoperative so that a release could go undetected for more than 30
  days;
(d) The site is assessed to
  ensure that the secondary barrier is always above the groundwater and not in a
  25-year flood plain, unless the barrier and monitoring designs are for use
  under such conditions; and
(e)
  Monitoring wells are clearly marked and secured to avoid unauthorized access
  and tampering;