74:56:01:01.  Definitions. Terms used in this chapter mean:

 

          (1)  "Aboveground release," any release to the surface of the land or to surface water, including a release from the aboveground portion of an underground storage tank system and releases associated with overfills and transfer operations during deliveries of regulated substances to or dispensing them from an UST system;

 

          (2)  "Airport hydrant fuel distribution system," an underground storage tank system which fuels an aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier;

 

          (3)  "Ancillary equipment," any device that is used to distribute, meter, or control the flow of petroleum or hazardous substances from an underground storage tank, including piping, fittings, flanges, valves, and pumps;

 

          (4)  "Belowground release," any release to the subsurface of the land and to groundwater, including releases from the belowground portions of an underground storage tank system and releases associated with overfills and transfer operations as the regulated substance is delivered to or dispensed from an underground storage tank;

 

          (5)  "Beneath the surface of the ground," beneath the ground surface or otherwise covered with materials so that physical inspection is precluded;

 

          (6)  "Cathodic protection," a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell;

 

          (7)  "Cathodic protection tester," a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems and, at a minimum, has education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems;

 

          (8)  "CERCLA," the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended;

 

               (9)  "Class A operator," an individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements;

 

          (10)  "Class B operator," an individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the implementing agency. The Class B operator typically implements infield aspects of operation, maintenance, and associated recordkeeping for the UST system;

 

          (11)  "Class C operator," an individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances;

 

          (12)  "Coated steel," the application of a coating of a dielectric material that is compatible with the material in the metal and that separates the exterior surface of the metal from the environment;

 

          (13)  "Compatible," the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for extended periods of time and under varied environmental conditions, i.e., at different temperatures;

 

          (14)  "Community water system," a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents;

 

          (15)  "Connected piping," all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow;

 

          (16)  "Consumptive use," heating oil burned on the premises;

 

          (17)  "Containment sump," a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump);

 

          (18)  "Corrosion expert," a person who, because of the person's knowledge of the physical sciences and the principles of engineering and mathematics, which was acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks and is certified as being qualified by the National Association of Corrosion Engineers (NACE) or is a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks;

 

          (19)  "Department," the Department of Agriculture and Natural Resources;

 

          (20)  "Dispenser," any equipment that is used to control transfer of regulated substances out of the regulated UST system to an unregulated point of use, such as a vehicle;

 

          (21)  "Dispenser system," the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system;

 

          (22)  "Electrical equipment," underground equipment which contains dielectric fluid which is necessary for the operation of equipment such as transformers and buried electrical cable;

 

          (23)  "Excavation area," the area containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation;

 

          (24)  "Existing tank system," a tank system that is used to contain an accumulation of regulated substances or for which installation has commenced on or prior to November 30, 1987;

 

          (25)  "Farm tank," a tank located on a farm, which is a tract of land devoted to the production of crops or raising of animals, including fish, with its associated residences and improvements, and includes fish hatcheries, rangeland, and nurseries with growing operations;

 

          (26)  "Field constructed tank," a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed;

 

          (27)  "Flow-through process tank," a tank that forms an integral part of an industrial or commercial process through which there is a steady or uninterrupted flow of materials during the operation of the process;

 

          (28)  "Free product," a regulated substance in the nonaqueous phase (liquid not dissolved in water);

 

          (29)  "Gathering lines," any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations;

 

          (30)  "Groundwater," waters of the state;

 

          (31)  "Hazardous substance tank system" or "hazardous substance UST," an underground storage tank system that contains a hazardous substance defined in § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended to July 1, 2008, other than any substance regulated as a hazardous waste under Subtitle C of the Solid Waste Disposal Act of 1984 (RCRA), as amended to July 1, 2008, or a mixture of such substances and petroleum, but which is not a petroleum UST system as defined in this section;

 

          (32)  "Heating oil," a type of fuel oil that is one of eight technical grades; a fuel oil substitute such as kerosene or diesel when it is used for heating purposes;

 

          (33)  "Hydraulic lift tank," a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air and hydraulic fluid to operate lifts, elevators, and similar devices;

 

          (34)  "Implementing agency," in § 74:56:01:57 means the Department of Agriculture and Natural Resources;

 

          (35)  "Interstitial monitoring," a leak detection method which entails the surveillance of the space between an UST system's walls and the secondary containment system for a change in steady state conditions;

 

          (36)  "Inventory controls," techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records;

 

          (37)  "Liquid trap," sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations, including gas production plants, for the purpose of collecting oil, water, and other liquids, temporarily collecting liquids for subsequent disposition or reinjection into a production or pipeline stream, or collecting and separating liquids from a gas stream;

 

          (38)  "Maintenance," means the normal operational upkeep to prevent an underground storage tank system from releasing product;

 

          (39)  "Motor fuel," a petroleum-based fuel used in the operation of an engine that propels a vehicle for transportation of people or cargo;

 

          (40)  "New tank system," an UST system for which installation commences after November 30, 1987;

 

          (41)  "Noncommercial purposes," motor fuel that is not for resale;

 

          (42)  "On the premises where stored," heating oil UST systems that are located on the same property where the stored heating oil is used;

 

          (43)  "Operational life," the period beginning from the time when the installation of the tank system is commenced until it is closed under § 74:56:01:54;

 

          (44)  "Operator," any person in control of, or having responsibility for, the daily operation of the UST system;

 

          (45)  "Overfill release," a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment;

 

          (46)  "Owner," any person who owns or operates an UST system used for storage, use, or dispensing of regulated substances in use on November 8, 1984, or brought into use after that date; and any person who owned or operated an UST immediately before the discontinuation of its use in the case of any UST system in use before November 8, 1984;

 

          (47)  "Person," an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the United States government;

 

          (48)  "Petroleum," crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, and diesel fuels;

 

          (49)  "Petroleum tank system," "petroleum UST," an UST system that contains an accumulation of petroleum or a mixture of petroleum with de minimis quantities of other regulated substances;

 

          (50)  "Petroleum underground storage tank," a tank containing a regulated substance;

 

          (51)  "Pipeline facilities (including gathering lines)," new and existing pipe rights-of-way and any equipment, facilities, or buildings regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672, et seq.), the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002, et seq.), all as amended to July 1, 2008, or an intrastate pipeline facility regulated under state laws comparable to the provisions of federal law cited in this definition;

 

          (52)  "Positive sampling, test, or monitoring results," the results of sampling, testing, or monitoring that indicates a release from an UST system has occurred;

 

          (53)  "Potable drinking water well," any hole (dug, driven, drilled, or bored) that extends into the earth until it meets ground water that supplies water for a noncommunity public water system or otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses);

 

          (54)  "Regulated substance," any substance defined in § 101(14) of CERCLA 1980, as amended to July 1, 2008, but not including any substance regulated as a hazardous waste under Subtitle (C); petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure;

 

          (55)  "Release," any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils;

 

          (56)  "Release detection," determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial area between the UST system and a secondary barrier around it;

 

          (57)  "Repair," to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release of product from the UST system or has failed to function properly;

 

          (58)  "Replaced," to remove a tank and install another tank or, to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run;

 

          (59)  "Residential tank," a tank located on property used primarily for dwelling purposes;

 

          (60)  "Secondary containment," a release prevention and release detection system for an underground tank or piping or both. The release prevention part of secondary containment is an underground tank or piping having an inner and outer barrier. Between these two barriers is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substances from the underground tank or piping. Secondary containment must contain regulated substances released from the tank system until they are detected and removed and must prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system;

 

          (61)  "Septic tank," a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building, whose effluent is distributed for disposal through the soil and whose settled solids and scum are pumped out periodically and hauled to a treatment facility;

 

          (62)  "Stormwater or wastewater collection system," piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur;

 

          (63)  "Sump," any pit or reservoir that meets the definition of tank, including troughs or trenches connected to it, that serves to temporarily collect regulated substances;

 

          (64)  "Surface impoundment," a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is designated to hold an accumulation of regulated substances and that is not an injection well;

 

          (65)  "Surface water," waters of the state;

 

          (66)  "Tank," a stationary device designed to contain an accumulation of regulated substances that is constructed of nonearthen materials, such as concrete, steel, or plastic, that provide structural support;

 

          (67)  "Tightness testing," a procedure for testing the ability of a tank system to prevent an inadvertent release of any stored substance into the environment or, in the case of an UST system, intrusion of groundwater into the tank system;

 

          (68)  "Training program," any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the department regarding requirements for UST systems;

 

          (69)  "Under-dispenser sump," containment underneath a dispenser that prevents leaks from the dispenser from reaching soil or ground water;

 

          (70)  "Underground area," an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor;

 

          (71)  "Underground release," any belowground release;

 

          (72)  "Under-dispenser sump," a containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the under-dispenser sump from reaching soil or groundwater;

 

          (73)  "Upgrade," the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product;

 

          (74)  "UST," underground storage tank;

 

          (75)  "UST system" or "tank system," an underground storage tank and its associated ancillary equipment and containment system;

 

          (76)  "Unsaturated zone," the subsurface zone containing water under pressure less than that of the atmosphere, including water held by capillary forces within the soil and containing air or gases generally under atmospheric pressure, limited above by the ground surface and below by the upper surface of the zone of saturation, i.e., the water table;

 

          (77)  "Wastewater treatment tank," a tank that is part of a wastewater treatment facility regulated under either Section 402 or 307(b) of the Clean Water Act (1972), as amended to July 1, 2008, and which receives and treats or stores an influent wastewater which contains regulated substances.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:01, July 1, 1996; 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:02.  Underground storage tank defined. An underground storage tank is any tank or combination of tanks, including the underground pipes connected to it, that is used to contain an accumulation of regulated substances, the volume of which, including the volume of the connected underground pipes, is 10 percent or more beneath the surface of the ground. The term does not include any of the following:

 

          (1)  A farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

          (2)  A tank used for storing heating oil for consumptive use on the premises where stored;

          (3)  A septic tank;

          (4)  A pipeline facility, including gathering lines, regulated under one of the following:

 

               (a)  The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672, et seq.); or

               (b)  The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002, et seq.); or

               (c)  An intrastate pipeline facility, including gathering lines, regulated under state laws comparable to the provisions of federal law cited to in this subdivision;

 

          (5)  A surface impoundment, pit, pond, or lagoon;

          (6)  A storm water or wastewater collection system;

          (7)  A flow-through process tank;

          (8)  A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

          (9)  A storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated on or above the surface of the floor.

 

          The term "underground storage tank" or "UST" does not include any pipes connected to a tank that is described in subdivisions (1) to (9), inclusive, of this section.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:01, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:01.01, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:03.  Applicability. 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.

 

          Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:01.02, July 1, 1996; 23 SDR 131, effective February 24, 1997; 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:05.  Performance standards for new UST systems -- Tanks. 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 a secondary containment and be monitored for leaks in accordance with § 74:56:01:30.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:02, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02.01, July 1, 1996; 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:06.  Performance standards for new UST systems -- Piping. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:02, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02.02, July 1, 1996; 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:08.  Performance standards for new UST systems -- Installation requirements and submission of proof of compliance with requirements. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:02, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02.04, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:10.  Upgrading of existing USTs -- Specific requirements. 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

 

               (b)  Interior lining. Existing USTs may be upgraded by internal lining if the internal lining, used alone, is installed in accordance with the requirements of § 74:56:01:19 or the internal lining, in combination with cathodic protection, is installed in accordance with the requirements of § 74:56:01:19 and the cathodic protection system meets the requirements of § 74:56:01:14.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:03, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:03.01, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:10.01.  Replacement of existing UST systems -- Tanks. 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.

 

          Source: 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:10.02.  Replacement of existing UST systems -- Piping. 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.

 

          Source: 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:10.03.  Installation of under-dispenser sumps. 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 at least one 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.

 

          Source: 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:11.  Notification requirements for UST systems. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:04, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:13.  Spill and overfill control. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; 22 SDR 86, effective December 18, 1995; transferred from § 74:03:28:05, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:14.  Operation and maintenance of cathodic protection. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; test criteria transferred to § 74:03:28:06.01, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:06, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:17.  Compatibility. 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 manufacturer's 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

 

          (2)  Use another option determined by the department to be no less protective of human health and the environment than the options listed in subdivision (1) of this section:

               (a)  Owners and operators must maintain records in accordance with § 74:56:01:23 documenting compliance with (1) of this section for as long as the UST system is used to store the regulated substance.

 

Note: The following code of practice may be useful in complying with this section:

 

(A) American Petroleum Institute Publication Recommended Practice 1626, ""Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Filling Stations"; and (B) American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations."]."

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:07, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:18.  Repairs allowed -- General requirements. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:08, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:21.  Repairs allowed -- Piping. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:08, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:08.03, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:23.01.  Periodic testing of spill prevention equipment and containment sumps -- General requirements. 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 § 74:56:01:23.02. 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;

 

          (2)  Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in § 74:56:01:13 and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the criteria in paragraph (l)(b)(i) through (iii) of this section;

 

          (3)  Owners and operators must begin meeting these requirements as follows:

 

               (a)  For UST systems in use on or before October 13, 2018, the initial spill prevention equipment test, containment sump test and overfill prevention equipment inspection must be conducted not later than three years after October 13, 2018;

 

               (b)  For UST systems brought into use after October 13, 2018, these requirements apply at installation;

 

          (4)  Owners and operators must maintain records as follows (in accordance with § 74:56:01:23 for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment:

 

               (a)  All records of testing or inspection must be maintained for three years; and

 

               (b)  For spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.

 

          Note to paragraphs (1)(b) and (2). The following code of practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2) of this section: Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities''.

 

          Source: 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101.

          Law Implemented: SDCL 34A-2-98, 34A-2-99, 34A-2-101.

 

          74:56:01:23.02.  Periodic operation and maintenance walkthrough inspections. 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

 

               (b)  Annually:

 

                      (i)  Containment sumps -- visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris; and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area; and

 

                      (ii)  Hand held release detection equipment -- check devices such as tank gauge sticks or groundwater hailers for operability and serviceability;

 

          (2)  Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to paragraph (1) of this section; or

 

          Note to paragraph (2). The following code of practice may be used to comply with paragraph (2) of this section: Petroleum Equipment Institute Recommended Practice RP 900, ''Recommended Practices for the Inspection and Maintenance of UST Systems".

 

          (3)  Conduct operation and maintenance walkthrough inspections developed by the implementing agency that checks equipment comparable to paragraph (1) of this section;

 

          (4)  Owners and operators must maintain records (in accordance with § 74:56:01:23 of operation and maintenance walkthrough inspections for one year. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

 

          Source: 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101.

          Law Implemented: SDCL 34A-2-98, 34A-2-99, 34A-2-101.

 

          74:56:01:24.  Release detection for all UST systems -- General requirements and deadlines. Subject to subdivision (2) of this section, each owner or operator of new and 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)  If a release detection method operated in accordance with the performance standards in §§ 74:56:01:25 to 74:56:01:31 and § 74:56:01:34 and § 74:56:01:35 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;

 

          (2)  The deadlines for compliance of all existing UST systems with the release detection requirements of this section and §§ 74:56:01:26 to 74:56:01:33, inclusive, are as follows:

 

               (a)  For any existing UST system that is not protected from corrosion or not constructed of noncorrodible materials, no later than November 30, 1990; and

 

               (b)  For any existing UST system that is protected from corrosion or constructed of noncorrodible materials, no later than November 30, 1992.

 

          Any existing UST system that cannot apply a method of release detection that complies with this section and § 74:56:01:25 shall permanently close in accordance with § 74:56:01:54 by November 30, 1990, if the UST system is not protected from corrosion or not constructed of noncorrodible materials or by November 30, 1992, if the UST system is protected from corrosion or constructed of noncorrodible materials.

 

          (3)  Tank systems installed after October 13, 2018, must comply with release detection method requirements contained in § 74:56:01:30.

 

          (4)  Beginning on October 13, 2021, the method or combination of methods of release detection is operated and maintained, and electronic and mechanical components are tested for proper operation. A test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria:

 

               (a)  Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;

 

               (b)  Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability and communication with controller;

 

               (c)  Automatic line leak detector: test operation to meet criteria in § 74:56:01:34 by simulating a leak;

 

               (d)  Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller;

 

               (e)  Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation.

 

          Note to paragraph (4). The following code of practice may be used to comply with paragraph (4) of this section: Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities''.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:10, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:25.  Release detection requirements for regulated substance UST systems -- Excluding hazardous substances. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:26.  Release detection requirements -- Tank tightness testing and inventory reconciliation. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.01, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:27.  Release detection requirements -- Vapor monitoring. 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.02, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:28.  Release detection requirements -- Groundwater monitoring. 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)  The monitoring wells must 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.03, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          74:56:01:34.  Release detection requirements for pressure piping. 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 subdivision 74:56:01:24(4); 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 subdivision 74:56:01:34(1) and be monitored every thirty days for releases in accordance with § 74:56:01:30.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:12, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 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 13, 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 13, 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 subdivision 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 subdivision 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

 

          (3)  Written documentation of all calibration, maintenance, and repair of release detection equipment must be maintained for at least one year after the servicing work is completed. Any schedules or required calibration and maintenance provided by the manufacturer of release detection equipment must be retained for five years from the date of installation.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:13, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 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.

 

          Source: 35 SDR 175, effective January 1, 2009; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 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, owner or operator or both shall only comply with the requirements under § 74:56:01:14.

 

          Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:29, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 open and functioning and cap and secure all other lines, pumps, manways, and ancillary equipment.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:29, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:30, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 in § 74:56:01:10, the spill and overfill equipment requirements in § 74:56:01:07 do not have to be met. Owners and operators shall 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.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:29, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:31, July 1, 1996; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          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 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;

 

          (4)  Reuse of tanks: Tanks may be reused if they comply with the following requirements:

 

               (a)  Any tank which has been permanently closed may not be brought into use for the storage of regulated substances unless the tank is upgraded to meet new tank standards for design, installation, and release detection;

 

               (b)  Tanks which are disposed of as junk must be tested for the presence of volatile vapors, rendered vapor free if necessary, and punched with holes to make them unfit for storage of liquids;

 

               (c)  Tanks may not be reused for the storage of food or potable water unless the tanks have been completely freed of previously regulated substances, sludges, sediments, and residues; and

 

               (d)  No UST system may be used for the aboveground storage of a regulated substance.

 

          Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:29, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:32, July 1, 1996; 23 SDR 131, effective February 24, 1997; 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.

 

          Editor's Note: Section 74:56:01:50, cited in subdivision (1) of this section, was repealed effective February 24, 1997, by rule making recorded at 23 SDR 131.

 

          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 15, 2015). Any tank system installed after October 13, 2018, must meet these requirements at the time of installation. Tank systems installed prior to October 13, 2018, must comply with leak detection, operation and maintenance requirements by October 13, 2021.

 

          Source: 44 SDR 192, effective June 28, 2018.

          General Authority: SDCL 34A-2-93, 34A-2-99.

          Law Implemented: SDCL 34A-2-98, 34A-2-99.