South Dakota Administrative Code

Rule 74:56:01:37 Release detection requirements for piping -- Authority of department to approve. 74:56:01:37. Release detection requirements for piping -- Authority of department to approve. The department may grant final approval of all release detection methods for piping. Sou…

Rule 74:56:01:38 Recordkeeping. 74:56:01:38. Recordkeeping. 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…

Rule 74:56:01:38.01 Training of owners and operators. 74:56:01:38.01. Training of owners and operators. 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 …

Rule 74:56:01:39 Repealed. 74:56:01:39. Release notification plan.Repealed. Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:14, July 1, 1996; repealed, 23 SDR 131, effective February 24, 1997.

Rule 74:56:01:40 Reporting of suspected releases. 74:56:01:40. Reporting of suspected releases. 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, sam…

Rule 74:56:01:41 Reporting of spills and overfills. 74:56:01:41. Reporting of spills and overfills. 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 thr…

Rule 74:56:01:42 Release investigation and confirmation. 74:56:01:42. Release investigation and confirmation. 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 …

Rule 74:56:01:43 Off-site impacts and source investigation. 74:56:01:43. Off-site impacts and source investigation. 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 operat…

Rule 74:56:01:44 General requirements for corrective action for releases from UST systems. 74:56:01:44. General requirements for corrective action for releases from UST systems. In response to a suspected or confirmed release from the UST system, each owner or operator of an UST …

Rule 74:56:01:45 Initial abatement requirements and procedures for releases from UST systems. 74:56:01:45. Initial abatement requirements and procedures for releases from UST systems. Upon confirmation of an actual release or discovery of a release in any other manner, each UST o…

Rule 74:56:01:46 Additional abatement requirements for hazardous substances. 74:56:01:46. Additional abatement requirements for hazardous substances. Each owner or operator of hazardous substance UST systems shall take the following abatement actions in addition to the requiremen…

Rule 74:56:01:47 Free product removal. 74:56:01:47. Free product removal. 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 whi…

Rule 74:56:01:48 Additional site investigation for releases from UST systems. 74:56:01:48. Additional site investigation for releases from UST systems. If an investigation under § 74:56:01:45 indicates that there may be remaining soil contamination from the release that violates …

Rule 74:56:01:49 Soil and groundwater cleanup for releases from UST systems. 74:56:01:49. Soil and groundwater cleanup for releases from UST systems. 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 …

Rule 74:56:01:50 Repealed. 74:56:01:50. Reporting of releases from UST systems.Repealed. Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:23, July 1, 1996; repealed, 23 SDR 131, effective February 24, 1997.

Rule 74:56:01:51 Reporting of hazardous substance releases from UST systems. 74:56:01:51. Reporting of hazardous substance releases from UST systems. In addition to fulfilling all reporting requirements under § 74:56:01:50, each owner or operator of hazardous substance USTs shall…

Rule 74:56:01:52 Temporary removal from use. 74:56:01:52. Temporary removal from use. 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 prote…

Rule 74:56:01:53 Temporary closure. 74:56:01:53. Temporary closure. 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 op…

Rule 74:56:01:53.01 Bringing UST systems back into service. 74:56:01:53.01. Bringing UST systems back into service. 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 …

Rule 74:56:01:54 Permanent closure. 74:56:01:54. Permanent closure. 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 …

Rule 74:56:01:55 Postclosure requirements. 74:56:01:55. Postclosure requirements. 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 …

Rule 74:56:01:56 Failure to comply. 74:56:01:56. Failure to comply. 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 pro…

Rule 74:56:01:57 Field constructed tanks/airport hydrant systems. 74:56:01:57. Field constructed tanks/airport hydrant systems. 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…

Rule 74:56:02:01 Applicability. 74:56:02:01. Applicability. 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 re…

Rule 74:56:02:02 Definitions. 74:56:02:02. Definitions. "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. Source: 15 SDR 108, e…

Rule 74:56:02:03 Financial responsibility and lender liability rules. 74:56:02:03. Financial responsibility and lender liability rules. 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…

Rule 74:56:03:01 Definitions. 74:56:03:01. Definitions. 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 t…

Rule 74:56:03:02 Notification requirements. 74:56:03:02. Notification requirements. 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 op…

Rule 74:56:03:03 Certification of compliance with requirements. 74:56:03:03. Certification of compliance with requirements. 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…

Rule 74:56:03:04 General requirements for AST systems. 74:56:03:04. General requirements for AST systems. 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…

Rule 74:56:03:05 Internal inspection requirements. 74:56:03:05. Internal inspection requirements. 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 …

Rule 74:56:03:06 Variance from internal inspection requirements. 74:56:03:06. Variance from internal inspection requirements. 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 justific…

Rule 74:56:03:07 Construction standards for new AST systems. 74:56:03:07. Construction standards for new AST systems. New AST systems must be designed and constructed in accordance with a code of practice developed by nationally recognized associations or independent testing labo…

Rule 74:56:03:08 Upgrading of existing AST systems. 74:56:03:08. Upgrading existing AST systems. In accordance with § 74:56:03:04, existing AST systems may be upgraded to conform to new tank standards established in § 74:56:03:07. Existing AST systems containing noncorrosive subs…

Rule 74:56:03:09 Site assessment required. 74:56:03:09. Site assessment required. Proposed sites for new AST systems shall be assessed to establish background conditions if contamination is suspected. The site assessment report must be made available to the department at least 30…

Rule 74:56:03:10 AST system installation. 74:56:03:10. AST system installation. All AST systems must be installed as follows: (1) All AST systems must be installed according to the manufacturer's instructions and must be in accordance with codes of practice developed by nationall…

Rule 74:56:03:11 Secondary containment required for new AST systems. 74:56:03:11. Secondary containment required for new AST systems. Secondary containment systems required in accordance with § 74:56:03:04 must be installed under and around any new AST system. The secondary conta…

Rule 74:56:03:12 Secondary containment required for existing AST systems. 74:56:03:12. Secondary containment required for existing AST systems. Secondary containment systems required in accordance with § 74:56:03:04 for existing AST systems located at facilities with a total capa…

Rule 74:56:03:13 Overfill control. 74:56:03:13. Overfill control. Overfill control is required on all AST systems to prevent inadvertent or accidental releases during filling. The requirements are as follows: (1) All owners or operators must ensure that releases due to overfills …

Rule 74:56:03:14 Operation and maintenance of cathodic protection. 74:56:03:14. Operation and maintenance of cathodic protection. All owners or operators of metal AST systems with cathodic protection must comply with the following requirements: (1) All cathodic protection systems…

Rule 74:56:03:15 Compatibility. 74:56:03:15. Compatibility. When a regulated substance is introduced into an AST system, the owners or operators of that system must determine the compatibility of the system and the regulated substance. Source: 14 SDR 76, effective November 29, 19…

Rule 74:56:03:16 Repairs allowed. 74:56:03:16. Repairs allowed. Repairs are allowed to AST systems if the following requirements are met: (1) A tank interior may be repaired and relined if the owners or operators document the following in writing: (a) All repairs are permanent an…

Rule 74:56:03:17 Inspections. 74:56:03:17. Inspections. Routine inspection of the AST system must be performed as follows to ensure proper performance: (1) At a minimum, all owners or operators must perform the following inspections: (a) Take daily inventory measurements of regul…

Rule 74:56:03:18 Maintenance and availability of records and performance inspections. 74:56:03:18. Maintenance and availability of records and performance inspections. The requirements for the maintenance and availability of records and performance inspections are as follows: (1)…

Rule 74:56:03:19 Requirements for release detection. 74:56:03:19. Requirements for release detection. Requirements for release detection shall consist of the following: (1) AST systems must have equipment for release detection as required in § 74:56:03:04, including one or more o…

Rule 74:56:03:20 Release notification plan. 74:56:03:20. Release notification plan. All owners or operators of AST systems must prepare and maintain a release notification plan at each AST facility so that it is readily available in the event of a release. At a minimum, the plan …

Rule 74:56:03:21 Reporting of suspected releases and spills. 74:56:03:21. Reporting of suspected releases and spills. Reporting requirements for suspected releases and spills are as follows: (1) All AST system owners or operators must report all suspected releases immediately to …

Rule 74:56:03:22 Release investigation and confirmation. 74:56:03:22. Release investigation and confirmation. Release investigation and confirmation requirements are as follows: (1) After consultation with the department, all suspected releases must be immediately investigated by…

Rule 74:56:03:23 Initial abatement requirements for corrective action for releases from AST systems. 74:56:03:23. Initial abatement requirements for corrective action for releases from AST systems. Initial abatement requirements for corrective action for releases are as follows: …

Rule 74:56:03:24 Free product removal. 74:56:03:24. Free product removal. At sites where investigations indicate the presence of free product, owners or operators must remove the free floating product to the maximum extent practicable while continuing, as necessary, any actions i…