CHAPTER 74:56:01
UNDERGROUND STORAGE TANKS (UST)
Section
74:56:01:01 Definitions.
74:56:01:02 Underground storage tank defined.
74:56:01:03 Applicability.
74:56:01:04 Performance standards for new UST systems -- General requirements.
74:56:01:05 Performance standards for new UST systems -- Tanks.
74:56:01:06 Performance standards for new UST systems -- Piping.
74:56:01:07 Performance standards for new UST systems -- Spill and overfill protection.
74:56:01:08 Performance standards for new UST systems -- Installation requirements and submission of proof of compliance with requirements.
74:56:01:09 Upgrading of existing UST systems -- General requirements and deadlines.
74:56:01:10 Upgrading of existing USTs -- Specific requirements.
74:56:01:10.01 Replacement of existing UST systems -- Tanks.
74:56:01:10.02 Replacement of existing UST systems -- Piping.
74:56:01:10.03 Installation of under-dispenser sumps.
74:56:01:11 Notification requirements for UST systems.
74:56:01:12 Completion of certification of compliance form for UST systems.
74:56:01:13 Spill and overfill control.
74:56:01:14 Operation and maintenance of cathodic protection.
74:56:01:15 Operation and maintenance of cathodic protection -- Criteria for taking tests.
74:56:01:16 Operation and maintenance of cathodic protection -- Recordkeeping.
74:56:01:17 Compatibility.
74:56:01:18 Repairs allowed -- General requirements.
74:56:01:19 Repairs allowed -- Lining.
74:56:01:20 Repairs allowed -- Fiberglass-reinforced plastic tank systems.
74:56:01:21 Repairs allowed -- Piping.
74:56:01:22 Repairs allowed -- Recordkeeping.
74:56:01:23 Maintenance and availability of records.
74:56:01:23.01 Periodic testing of spill prevention equipment and containment sumps -- General requirements.
74:56:01:23.02 Periodic operation and maintenance walkthrough inspections.
74:56:01:24 Release detection for all UST systems -- General requirements and deadlines.
74:56:01:25 Release detection requirements for regulated substance UST systems -- Excluding hazardous substances.
74:56:01:26 Release detection requirements -- Tank tightness testing and inventory reconciliation.
74:56:01:27 Release detection requirements -- Vapor monitoring.
74:56:01:28 Release detection requirements -- Groundwater monitoring.
74:56:01:29 Release detection requirements -- Automatic tank monitoring.
74:56:01:30 Release detection requirements -- Secondary containment with interstitial monitoring.
74:56:01:31 Release detection requirements -- Manual tank monitoring.
74:56:01:32 Release detection requirements -- Hazardous substance UST systems.
74:56:01:33 Release detection requirements -- Other.
74:56:01:34 Release detection requirements for pressure piping.
74:56:01:35 Release detection requirements for suction piping.
74:56:01:36 Release detection requirements for piping -- Regulated hazardous substances.
74:56:01:37 Release detection requirements for piping -- Authority of department to approve.
74:56:01:38 Recordkeeping.
74:56:01:38.01 Training of owners and operators.
74:56:01:39 Repealed.
74:56:01:40 Reporting of suspected releases.
74:56:01:41 Reporting of spills and overfills.
74:56:01:42 Release investigation and confirmation.
74:56:01:43 Off-site impacts and source investigation.
74:56:01:44 General requirements for corrective action for releases from UST systems.
74:56:01:45 Initial abatement requirements and procedures for releases from UST systems.
74:56:01:46 Additional abatement requirements for hazardous substances.
74:56:01:47 Free product removal.
74:56:01:48 Additional site investigation for releases from UST systems.
74:56:01:49 Soil and groundwater cleanup for releases from UST systems.
74:56:01:50 Repealed.
74:56:01:51 Reporting of hazardous substance releases from UST systems.
74:56:01:52 Temporary removal from use.
74:56:01:53 Temporary closure.
74:56:01:53.01 Bringing UST systems back into service.
74:56:01:54 Permanent closure.
74:56:01:55 Postclosure requirements.
74:56:01:56 Failure to comply.
74:56:01:57 Field constructed tanks/airport hydrant systems.
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.
74:56:01:04. Performance standards for new UST systems -- General requirements. 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.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02, July 1, 1996.
General Authority: SDCL 34A-2-93.
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.
74:56:01:07. Performance standards for new UST systems -- Spill and overfill protection. 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.
Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:02.03, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
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.
74:56:01:09. Upgrading of existing UST systems -- General requirements and deadlines. 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.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; 22 SDR 86, effective December 18, 1995; transferred from § 74:03:28:03, July 1, 1996.
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.
74:56:01:12. Completion of certification of compliance form for UST systems. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:04, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:04.01, July 1, 1996.
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.
74:56:01:15. Operation and maintenance of cathodic protection -- Criteria for taking tests. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:06, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:06.01, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:16. Operation and maintenance of cathodic protection -- Recordkeeping. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:06, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:06.02, July 1, 1996; 23 SDR 131, effective February 24, 1997.
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.
74:56:01:19. Repairs allowed -- Lining. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:08, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:08.01, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:20. Repairs allowed -- Fiberglass-reinforced plastic tank systems. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:08, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:08.02, July 1, 1996.
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.
74:56:01:22. Repairs allowed -- Recordkeeping. 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.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:08, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:08.04, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:23. Maintenance and availability of records. 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.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:09, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
Cross-Reference: Recordkeeping, § 74:56:01:38.
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.
74:56:01:29. Release detection requirements -- Automatic tank monitoring. 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).
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.04, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:30. Release detection requirements -- Secondary containment with interstitial monitoring. 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;
(4) For tanks with an internally fitted liner, an automated device can detect a release between the liner wall of the tank and the liner, and the liner is compatible with the substance stored.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.05, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:31. Release detection requirements -- Manual tank monitoring. Only tanks of 1,000 gallons or less capacity may use manual tank monitoring as the sole method of release detection. Tanks of 1,001 to 2,000 gallons, inclusive, may use manual tank monitoring in place of manual inventory control, but require tank tightness testing in accordance with § 74:56:01:26. Tanks of greater than 2,000 gallons may not use manual tank monitoring to meet the release detection requirements.
Tank liquid level measurements shall be taken at the beginning and end of the time period specified in the table in this section, during which no liquid may be added to or removed from the tank. The level measurements shall be based on an average of two consecutive stick readings at both the beginning and end of the period. The equipment used must be capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch.
A leak shall be suspected if the variation between beginning and ending measurements exceeds the weekly or monthly standards set forth in the following table:
Nominal tank |
Weekly standard |
Minimum duration |
Monthly standard |
|
capacity |
(one test) |
of test |
(average of four tests) |
|
|
|
|
|
|
550 gallons or less |
10 gallons |
36 hours |
5 gallons |
|
551-1,000 gallons |
9 gallons |
44 hours |
4 gallons |
|
1,001-2,000 gallons |
26 gallons |
36 hours |
13 gallons |
|
1,000 gallons (if tank |
12 gallons |
58 hours |
6 gallons |
|
is 48" x 128") |
|
|
|
Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.06, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:32. Release detection requirements -- Hazardous substance UST systems. Each owner or operator of a new hazardous substance UST system must use the secondary containment method specified in § 74:56:01:30 and notify the department of this choice within 30 days after bringing the system into use unless the owner or operator has demonstrated compliance with another method specified in §§ 74:56:01:26 to 74:56:01:29, inclusive, 74:56:01:31, or 74:56:01:33 along with the requirements of § 74:56:01:24, and has received approval from the department. If the owner or operator wishes to conduct a demonstration upon which to base a request for a variance from the secondary containment method, the department must be notified in writing by the owner or operator of the intention. The notice to the department shall describe the steps for conducting the demonstration and the timetable for completing them and address how each of the general requirements in § 74:56:01:24, as well as the specific requirements for the release detection method that is selected will be met at the site.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.07, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:33. Release detection requirements -- Other. Any other type of release detection method, or combination of methods, may be used if it has been approved by the department. The department may approve the method if the owner or operator demonstrates that the method is capable of detecting a release before it migrates beyond the excavation area as well as any of the methods allowed in §§ 74:56:01:26 to 74:56:01:32, inclusive. If approved, the department may impose any conditions on the use of the methods that are necessary to protect human health and environment.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:11, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:11.08, July 1, 1996.
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.
74:56:01:35. Release detection requirements for suction piping. Owners or operators of petroleum UST systems with underground piping that conveys petroleum under suction need not comply with the requirements in § 74:56:01:24 if the following conditions are met:
(1) The below-grade piping operates at less than atmospheric pressure;
(2) The piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;
(3) Only one check valve is included in each suction line;
(4) The check valve is located directly below and as close as practical to the suction pump.
Suction piping which does not comply with the above criteria must use one of the monthly release detection methods specified in § 74:56:01:27, 74:56:01:28, or 74:56:01:30, applied to the piping or have a line pressure test every three years or must comply with other methods approved by the department that will detect the release of regulated substances.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:12, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:12.01, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
74:56:01:36. Release detection requirements for piping -- Regulated hazardous substances. Piping that conveys regulated hazardous substances must have secondary containment and interstitial monitoring.
Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:12.02, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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.
Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:12.03, July 1, 1996.
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.
74:56:01:39. 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.
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, sampling, or monitoring results from a release detection method specified under §§ 74:56:01:25 to 74:56:01:33, inclusive, that indicate a release may have occurred; and
(2) Unusual operating conditions, such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank.
Source: 14 SDR 76, effective November 29, 1987; 15 SDR 108, effective January 26, 1989; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:15, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 threatens the waters of the state and any spill or overfill of petroleum that exceeds 25 gallons or causes a sheen on surface water to the department immediately. UST owners or operators shall contain and clean up any spill or overfill of petroleum of 25 gallons or less immediately. If the cleanup is not accomplished within 24 hours, the department or the Division of Emergency Management and applicable local agencies must be notified.
All belowground releases from the UST system in any quantity must be reported within 24 hours to the department or the Division of Emergency Management and applicable local agencies.
Immediate notification must be provided to the department or the Division of Emergency Management and applicable local agencies if any environmental impacts occur in the surrounding area from regulated substances, such as vapors or free phase product, in soils, basements, sewer lines, utility lines, or on nearby waters of the state or a gas chromatography or an equivalent method indicates that there is an increasing concentration of total hydrocarbons in a soil sample.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:15, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:15.01, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
Note: A release of a hazardous substance equal to or in excess of its reportable quantity shall also be reported to the National Response Center immediately (not within 24 hours) under CERCLA 1980 Section 103. These reporting provisions (under CERCLA 1980 and RCRA 1984 Subtitle I) do not relieve the owner or operator of responsibility to take corrective action as necessary to protect human health and the environment, including containment and cleanup of spills that are not required to be reported.
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 must be immediately investigated by the owner or operator using one of the procedures listed in this section. If one of these methods confirms a release, the owner and operator must comply with the requirements for corrective action in §§ 74:56:01:44 to 74:56:01:51, inclusive. The methods are as follows:
(1) A site-specific investigation, under the direction of the department, of the suspected release incident to determine if a release has occurred;
(2) In the case of an UST system that has secondary containment, an investigation of a possible release into the interstitial area between the UST and the secondary barrier using procedures that will determine if the interstitial monitoring is working properly;
(3) In the case of a failed tank or piping tightness test;
(a) A check of inventory records in accordance with the requirements in subdivision 74:56:01:26(2) to detect a discrepancy that indicates a release may have occurred;
(b) Retesting the piping within seven days after the initial report to the department in accordance with the requirements in subdivision 74:56:01:26(1) to determine if a release may have occurred;
(c) Retesting the tank within seven days after the initial reporting to the department in accordance with the requirements in subdivision 74:56:01:26(1) to determine if a release may have occurred after the top of the tank has been excavated and all loose fittings, vent pipes, or other equipment have been checked, replaced, or tightened; and
(d) Laboratory analysis of soil samples for regulated substances in the unsaturated zone and, if applicable, visual inspection of the groundwater under the UST system;
(4) In the case of a discrepancy during inventory reconciliation in accordance with subdivision 74:56:01:26(2) or any other suspected release, an investigation conducted in the following manner:
(a) A tightness test of the tanks and piping in accordance with the requirements in subdivision 74:56:01:26(1) that is conducted within seven days after the initial report to the department to determine if a release may have occurred; and
(b) Laboratory analysis of soil samples for regulated substances in the unsaturated zone and, if applicable, visual inspection of the groundwater under the UST system; or
(5) Any other investigative procedure that is no less stringent than any of the procedures in subdivisions (1) to (4), inclusive, of this section and is approved for the UST system by the department.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:16, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 operator to establish whether corrective action requirements must be followed. When a release of a regulated substance is suspected, the department may require the owner or operator to test the tanks and piping for tightness or structural soundness or require a site investigation to ascertain the location, magnitude, and effect of the leaking UST system.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:17, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 system shall comply with the requirements of §§ 74:56:01:45 to 74:56:01:50, inclusive. These requirements apply to all UST systems containing petroleum, hazardous substances, or mixtures of petroleum and hazardous substances.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:24, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:18, July 1, 1996.
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 was repealed effective February 24, 1997, by rule making recorded at 23 SDR 131.
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 owner or operator shall take the following actions:
(1) Report the release to the designated state and local agencies in accordance with § 74:56:01:40;
(2) Stop any further release from the UST system;
(3) Mitigate fire and safety hazards;
(4) Remove and properly dispose of accessible visibly contaminated soil from the excavation zone;
(5) Report in writing initial corrective action taken, including a verification of tank repair or closure if applicable, to the department within 20 days after confirmation or discovery of the release; and
(6) Conduct an investigation to determine the possible presence of free product and initiate free product removal as soon as practicable.
The information collected by the owner or operator during the course of the investigation to determine the presence of free product must be submitted to the department according to the schedule established by the department under § 74:56:01:48. The department may request the collection and submission of additional information or a corrective action plan for additional soil or groundwater cleanup.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:25, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:19, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
Cross-Reference: Remediation criteria for petroleum-contaminated soils, ch 74:56:05
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 requirements in § 74:56:01:45:
(1) Prevent the flow or addition of hazardous substances by immediately stopping the flow of the hazardous substance into the tank system or secondary containment system and inspect the system to determine the cause of the release; and
(2) Remove hazardous substances from the tank system or secondary containment system, as follows:
(a) If the release was from the tank system, the owner or operator must, within 24 hours after detection of the leak or, if the owner or operator demonstrates to the department that it is not possible, at the earliest practicable time, remove as much of the hazardous substance as is necessary to prevent further release of hazardous substances to the environment and to allow inspection and repair of the tank system to be performed; or
(b) If the material was released to a secondary containment system, all released materials must be removed within 24 hours or in a timely manner as determined by the department.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:25, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:19.01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 while continuing, as necessary, any actions initiated under § 74:56:01:45 and while preparing for subsequent actions required under § 74:56:01:48. In meeting the requirements of this section, the owner or operator shall:
(1) Conduct free product recovery in such a manner that the actions do not spread contamination into previously uncontaminated areas through untreated discharge or improper disposal techniques;
(2) Handle any flammable products in a manner to prevent fires or explosions; and
(3) Unless directed to do otherwise by the department, prepare and submit within 30 days a free product removal report to the department that provides at least the following information:
(a) The name of the person or persons responsible for implementing the plan;
(b) The estimated quantity and type of product on-site and the product thickness in wells, boreholes, and excavations;
(c) Details of the product recovery system;
(d) Whether any discharge will take place on- or off-site during the recovery operation;
(e) The type of treatment and expected effluent quality from any discharge; and
(f) The disposition of the recovered product.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:20, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 applicable state standards in chapter 74:56:05, a removal in compliance with § 74:56:01:45 indicates that the released product or product from contaminated soil may have reached groundwater, or the department directs it, the department may require the owner or operator to conduct additional investigations of the release, the release site, and the surrounding area possibly affected by the release.
The information collected by the owner or operator during the course of the investigations under this section must be submitted in accordance with a schedule established by the department.
The department may require the owner or operator to submit a corrective action plan for contaminated soil or waters of the state, or both.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:26, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:21, July 1, 1996; 23 SDR 131, effective February 24, 1997.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 for responding to any contaminated soils or groundwater shall submit the plan according to a schedule established by the department.
The department shall approve the corrective action plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the department shall consider:
(1) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
(2) The hydrogeologic characteristics of the facility and the surrounding land;
(3) The proximity, quality, and current and future uses of groundwater;
(4) An exposure assessment; and
(5) The proximity, quality, and current and future uses of surface waters.
Upon approval of the corrective action plan, the owners or operators shall implement the plan and monitor, evaluate, and report the results of implementation as required by the department.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:28:27, 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:22, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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.
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, within 30 days after confirmation or discovery of a release to the environment, submit a written report containing the following information to the department:
(1) The route of migration of the release to the extent known from available information;
(2) Characteristics of the surrounding soil, such as soil composition, geology, hydrogeology, and climate;
(3) Results of any monitoring or sampling conducted in connection with the release, if available. If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the department as soon as they become available;
(4) Proximity to downgradient drinking water, surface water, and population areas; and
(5) Description of response actions taken or planned.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:28, July 1, 1996.
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 was repealed effective February 24, 1997, by rule making recorded at 23 SDR 131.
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.
74:56:01:53.01. 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 of regulated substances if they comply with § 74:56:01:09 and are tightness-tested within 24 hours of the initial filling of the tank or have implemented one or more of the approved monthly release detection methods in accordance with § 74:56:01:24.
Source: 23 SDR 131, effective February 24, 1997.
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.
74:56:01:56. 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 product.
Source:
35 SDR 175, effective January 1, 2009.
General
Authority: SDCL 34A-2-93, 34A-2-99.
Law
Implemented: SDCL 34A-2-98, 34A-2-99.
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.
CHAPTER 74:56:02
FINANCIAL RESPONSIBILITY
Section
74:56:02:01 Applicability.
74:56:02:02 Definitions.
74:56:02:03 Financial responsibility and lender liability rules.
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 requirements of this chapter if they are in operation on or after the date for compliance established in 40 C.F.R. § 280.91, as published on October 26, 1988, in the Federal Register.
The state and its political subdivisions and agencies of the federal government whose debts and liabilities are the debts and liabilities of the state or its political subdivisions or of the United States are exempt from the financial responsibility requirements of this chapter.
The requirements of this chapter do not apply to owners or operators of any of the following types of underground storage tank systems:
(1) Wastewater treatment tanks;
(2) Sumps;
(3) Underground storage tank systems containing used oil;
(4) Underground storage tank systems containing radioactive waste;
(5) Electrical equipment tanks;
(6) Hydraulic lift tanks;
(7) Any underground storage tank with a capacity of 110 gallons or less;
(8) Any emergency spill or overfill containment system that is expeditiously emptied after use; and
(9) Any underground storage tank system that contains a de minimis concentration of a regulated substance.
If the owner and operator of an underground storage tank are not the same person, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance. Regardless of which party complies, the date set for compliance at a particular facility is determined by the characteristics of the owner as set forth in 40 C.F.R. § 280.91 published in the Federal Register on October 26, 1988.
Source: 14 SDR 76, effective November 29, 1987; 15 SDR 108, effective January 26, 1989; transferred from § 74:03:29:01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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, effective January 26, 1989; transferred from § 74:03:29:23, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
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 published on July 15, 2015, constitute the financial responsibility and lender liability rules for underground storage tanks.
Source: 15 SDR 108, effective January 26, 1989; transferred from § 74:03:29:24, July 1, 1996; 44 SDR 192, effective June 28, 2018.
General Authority: SDCL 34A-2-99.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
CHAPTER 74:56:03
ABOVEGROUND STATIONARY STORAGE TANKS (AST)
Section
74:56:03:01 Definitions.
74:56:03:02 Notification requirements.
74:56:03:03 Certification of compliance with requirements.
74:56:03:04 General requirements for AST systems.
74:56:03:05 Internal inspection requirements.
74:56:03:06 Variance from internal inspection requirements.
74:56:03:07 Construction standards for new AST systems.
74:56:03:08 Upgrading of existing AST systems.
74:56:03:09 Site assessment required.
74:56:03:10 AST system installation.
74:56:03:11 Secondary containment required for new AST systems.
74:56:03:12 Secondary containment required for existing AST systems.
74:56:03:13 Overfill control.
74:56:03:14 Operation and maintenance of cathodic protection.
74:56:03:15 Compatibility.
74:56:03:16 Repairs allowed.
74:56:03:17 Inspections.
74:56:03:18 Maintenance and availability of records and performance inspections.
74:56:03:19 Requirements for release detection.
74:56:03:20 Release notification plan.
74:56:03:21 Reporting of suspected releases and spills.
74:56:03:22 Release investigation and confirmation.
74:56:03:23 Initial abatement requirements for corrective action for releases from AST systems.
74:56:03:24 Free product removal.
74:56:03:25 Additional site investigation.
74:56:03:26 Cleanup of soil and waters of the state.
74:56:03:27 AST systems temporarily removed from use.
74:56:03:28 Permanent closure.
74:56:03:29 Used AST systems.
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 transportation regulation 49 C.F.R. § 195 (1985);
(2) "Cathodic protection," a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell; protection of tank system through the application of either galvanic anodes or impressed current;
(2.1) "Cathodic protection tester," a person who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to aboveground storage tanks and associated piping;
(3) "Compatibility," the ability of two or more substances that are in contact with each other to maintain their respective physical or chemical properties;
(4) "Corrosion expert," a person who is qualified in corrosion control of underground or aboveground tank systems because of training in the physical sciences, professional education, or practical experience;
(5) "Corrosive substance or material," any liquid that causes destruction of human skin tissue or that has a severe corrosion rate on steel or other metallic or nonmetallic substances;
(6) "Electrolyte," the soil or liquid adjacent to and in contact with the AST systems, including the moisture and other chemicals contained in it; the electrically conductive material between the tank and its environment;
(7) "Existing AST system," an aboveground storage tank system constructed before November 30, 1987;
(8) "Facility," a system of interconnected tanks, pipes, pumps, vaults, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of regulated substances excluding any facility defined in this chapter that is covered by department of transportation regulation 49 C.F.R. § 195 (1985);
(9) "New AST system," an aboveground storage tank system constructed after November 30, 1987;
(10) "Operators," persons in control of, or having responsibility for, the daily operation of the AST system;
(11) "Owners," persons who own AST systems used for storage or dispensing of regulated substances;
(12) "Regulated substance," any substance defined in § 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, but not including any substance regulated as a hazardous waste under subtitle (C), and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute;
(13) "Release," any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an aboveground storage system into waters or soils of this state;
(14) "Secondary containment," containment which prevents any release from an AST system from reaching land or waters outside the containment area;
(15) "Stationary tanks," ASTs which do not move, such as tanks fixed permanently in place on foundations, racks, cradles, or stilts, or on the ground. The term does not include tanks mounted on wheels, trolleys, skids, pallets, or rollers; vessels such as 55-gallon drums or smaller vessels; produced-substance storage tanks directly related to oil and gas production and gathering operations; or tanks located within a building structure meeting the requirements in § 74:56:03:11.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 operation after January 1, 1974, must notify the department and any designated local notification agencies of the existence of such systems unless the owners or operators know that such systems have been removed or properly closed as specified in § 74:56:03:28.
Owners or operators who being AST systems into use must notify the department and any designated local notification agencies of the existence of such AST systems at least 30 days before installation of the systems.
Department approval of submitted plans and specifications must be obtained before installation of AST systems commences. Approval of plans and specifications shall be based upon compliance with the requirements contained in this chapter.
Owners or operators may provide notice for several AST systems using one notification form, but owners or operators who own or operate AST systems located at more than one place of operation must file a separate notification form for each separate place of operation. Notices submitted under this section must provide all information indicated on the notification form for each AST system. Owners or operators must notify the department of any changes in the information contained on a notification form at least 30 days after the change.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:02, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 on a certification of compliance form provided by the department:
(1) Installation of AST systems under § 74:56:03:10;
(2) Upgrading of existing AST systems under § 74:56:03:08;
(3) Secondary containment under § 74:56:03:11 or 74:56:03:12;
(4) Release detection under § 74:56:03:19; and
(5) Cathodic protection, if applicable, under § 74:56:03:14.
All owners or operators of new or upgraded AST systems must assure that the installer certifies on the certification of compliance form that the methods used comply with the requirements listed in this section.
Owners or operators of AST systems must notify the department of any changes to the information stated on the certification of compliance form at least 30 days after the change.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:04, July 1, 1996.
General Authority: SDCL 34A-2-93; 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 one or more of the following requirements:
(a) Meet performance standards for new AST systems as specified in § 74:56:03:07 and have overfill control as specified in subdivision 74:56:03:13(2);
(b) Meet secondary containment requirements specified in § 74:56:03:11 or 74:56:03:12, whichever is applicable; or
(c) Meet release detection requirements specified in § 74:56:03:19;
(2) Owners or operators of any existing AST systems located at facilities of 250,000 gallons total capacity or less must implement one or more of the requirements specified in subdivision (1) of this section by November 30, 1992;
(3) Owners or operators of new AST systems located at facilities of over 250,000 gallons total capacity must comply with the requirements specified in subdivision (1) of this section;
(4) Owners or operators of any existing AST systems located at facilities of over 250,000 gallons total capacity must comply with the requirements specified in subdivision (1) of this section by November 30, 1992;
(5) By November 30, 1990, AST systems constructed of metal and installed in contact with an electrolyte must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated, and installed in accordance with codes of practice developed by nationally recognized associations or independent testing laboratories, such as NACE Standard RP-02-85 (1985), NACE Standard RPO169-83 (1983), or API Standard 1632 (1983) or similar methods approved by the department;
(6) AST systems must comply with all applicable local ordinances.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:05, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
References: NACE Standard RP-02-85, 1985 Revision, National Association of Corrosion Engineers. Copies may be obtained from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218-8340. Cost: $10 for members and $12 for nonmembers.
NACE Standard RP0169-83, 1983 Revision, National Association of Corrosion Engineers. Copies may be obtained from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218-8340. Cost: $10 for members and $12 for nonmembers.
API Standard 1632, 1983 edition, American Petroleum Institute, as reprinted by the Harco Corrosion Engineering and Cathodic Protection Library, HC-64. Copies may be obtained from the American Petroleum Institute, Publications and Distribution Section, 1220 L Street, Northwest, Washington, D.C. 20005-4070. Cost: $12.50.
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 a total capacity of 250,000 gallons or less must internally inspect their tanks every two years until they comply with one of the requirements in subdivision 74:56:03:04(1);
(2) All owners or operators of AST systems which are located at a facility of a total capacity over 250,000 gallons must internally inspect their tanks located at that facility every two years until they comply with subdivision 74:56:03:04(3);
(3) After meeting the requirements in subdivision 74:56:03:04(1), all owners or operators of a facility of 250,000 gallons total capacity or less must internally inspect their tanks every ten years. Those AST systems which have only release detection must be internally inspected every five years;
(4) After meeting the requirements in subdivision 74:56:03:04(3), all owners or operators of a facility over 250,000 gallons total capacity must internally inspect their tanks every ten years.
A tank at or under 25,000 gallons total capacity is exempt from the requirements of this section.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:06, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 justification for the variance. Criteria considered in granting variances include adverse impacts to the operation of the AST system, potential for damage to the structural integrity of the AST system, and other similar factors which may limit the performance of internal inspections.
Source: 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:06.01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 laboratories such as UL 142 (1985) or similar methods approved by the department. AST systems constructed of metal and installed in contact with an electrolyte must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated, and installed in accordance with a code of practice developed by nationally recognized associations or independent testing laboratories such as NACE Standard RP-02-85 (1985), API Standard 1632 (1983), or similar methods approved by the department.
New AST systems containing noncorrosive substances do not require internal coatings. Monitoring of the pH of the tank condensate is required biannually, not to exceed 7 1/2 months between sampling. A pH of 6.8 or higher shall be maintained. Owners or operators of an AST which cannot comply with this section may request a variance from the department by submitting justification for the variance. Criteria for granting the variance are the same as those listed in § 74:56:03:06.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:07, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
References: UL 142, 1985 Edition, Underwriters Laboratory, Inc. Copies may be obtained from Underwriters Laboratory Inc., Publication Stockm 333 Pfingston Road, Northbrook, Illinois 60062-2096. Cost: $31.50.
NACE Standard RP-02-85, 1985 Revision, National Association of Corrosion Engineers. Copies may be obtained from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218-8340. Cost: $10 for members and $12 for nonmembers.
API Standard 1632, 1983 edition, American Petroleum Institute, as reprinted by the Harco Corrosion Engineering and Cathodic Protection Library, HC-64. Copies may be obtained from the American Petroleum Institute, Publications and Distribution Section, 1220 L Street, Northwest, Washington, D.C. 20005-4070. Cost: $12.50.
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 substances do not require internal coatings. Monitoring of the pH of the tank condensate is required biannually, not to exceed 7 1/2 months between sampling. A pH of 6.8 or higher shall be maintained. If the tank is internally coated or lined, biannual monitoring is not required. Owners or operators of an AST which cannot comply with this section may request a variance from the department by submitting justification for the variance. Criteria for granting the variance are the same as those listed in § 74:56:03:06.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:08, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 days before installation of the AST system.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:09, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 nationally recognized associations or independent testing laboratories, such as API Standard 650 (1984), UL 142 (1985), or similar methods approved by the department;
(2) Precautions must be taken to prevent damage to the tank and piping coatings during installation. Any damage must be repaired according to the manufacturer's instructions;
(3) ASTs must be supported on well-drained, stable foundations which prevent movement, rolling, or settling of the tank and are designed to minimize corrosion of the tank bottoms;
(4) Metallic tanks and piping must meet the following cathodic protection requirements:
(a) Piping and bottoms of tanks which come in contact with the ground or an electrolyte must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated, and installed in accordance with codes of practice developed by nationally recognized associations or independent testing laboratories, such as NACE Standard RP-02-85, API Standard 1632 (1983), or similar methods approved by the department;
(b) The cathodic protection system must be designed to provide a minimum of 20 years of protection;
(c) A qualified engineer or corrosion expert must supervise the design or installation, or both, of the cathodic protection system;
(d) Each cathodic protection system must have a monitor or test station which enables the owners or operators to check on the adequacy of cathodic protection; and
(5) AST test procedures must be performed before the AST system is placed in operation. The tests must be conducted in accordance with codes of practice developed by nationally recognized associations or independent testing laboratories, such as API 510 (1983), API Standard 650 (1984), UL 142 (1985), or similar methods approved by the department.
All owners or operators must submit information demonstrating compliance with this section on the certification of compliance form.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:10, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
References: API 510, 1983 Edition, American Petroleum Institute. Copies may be obtained from the American Petroleum Institutes, Publications and Distribution Section, 1220 L Street, Northwest, Washington, DC 20005-4070. Cost: $37.50.
API Standard 650, 1980 Edition with 1984 revision, American Petroleum Institute. Copies may be obtained from the American Petroleum Institutes, Publications and Distribution Section, 1220 L Street, Northwest, Washington, DC 20005-4070. Cost: $75.
UL 142, 1985 Edition, Underwriters Laboratory, Inc. Copies may be obtained from Underwriters Laboratory Inc., Publication Stockm 333 Pfingston Road, Northbrook, Illinois 60062-2096. Cost: $31.50.
NACE Standard RP-02-85, 1985 Revision, National Association of Corrosion Engineers. Copies may be obtained from the National Association of Corrosion Engineers, P.O. Box 218340, Houston, Texas 77218-8340. Cost: $10 for members and $12 for nonmembers.
API Standard 1632, 1983 edition, American Petroleum Institute, as reprinted by the Harco Corrosion Engineering and Cathodic Protection Library, HC-64. Copies may be obtained from the American Petroleum Institute, Publications and Distribution Section, 1220 L Street, Northwest, Washington, D.C. 20005-4070. Cost: $12.50.
Cross-Reference: Certification of compliance, § 74:56:03:03.
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 containment system may consist of a combination of double-walled tanks and bottoms, dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks, or other equipment capable of containing the regulated substance stored. Construction of diking must be in accordance with professional engineering practices. Plans and specifications for the secondary containment systems must be submitted for approval by the department at least 30 days before construction of the system.
Secondary containment around and under the AST system shall consist of native soils, clays, bentonites, or artificially constructed material equivalent to 60 mil high-density polyethlene or greater. An impermeability of at least 10-6 centimeter per second is required to permit containment and detection of a release. Secondary containment must be constructed and maintained to meet impermeability requirements for the operational life of the AST system.
Secondary containment other than double walls or bottoms must be capable of containing 110 percent of the volume of the largest tank in the facility. Secondary containment must be compatible with the regulated substance stored. Secondary containment must be designed and installed to control storm water. Storm water or any containment discharge from an AST system may be subject to the provisions of the surface water discharge permit regulations, chapters 74:52:01 to 74:52:11, inclusive.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:11, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 capacity of 250,000 gallons or more shall consist of the following:
(1) Construction of a retaining structure surrounding the AST systems capable of containing 110 percent of the volume of the largest tank in the facility;
(2) Construction beneath any aboveground piping of containment system which meets the following requirements;
(a) Such a containment system may consist of native soils, clays, bentonite, or artificially constructed materials equivalent to 60 mil high density polyethlene or greater. An impermeability of at least 10-6 centimeter per second is required to permit containment;
(b) The containment system must be constructed and maintained so that the required impermeability is met for the operational life of the AST system;
(c) The containment system must be compatible with the regulated substance stored;
(d) Construction of the containment system must be in accordance with professional engineering practices;
Plans and specifications for the secondary containment system must be submitted for approval by the department at least 30 days before construction of the system.
Aboveground and underground piping from the AST is exempt from these requirements provided that pressure tests are performed every five years to demonstrate the piping's integrity.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:12, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 do not occur. The owners or operators must ensure that the volume available in the tanks will contain the volume of regulated substance to be transferred to the tanks; and
(2) Overfill control required in accordance with § 74:56:03:04 for AST systems shall utilize one or more of the following overfill prevention devices or methods;
(a) Tanks gauged at frequent intervals by personnel during regulated substance transfer who are in communication with the supplier so that flow may be shut down or diverted;
(b) Tanks equipped with high level detection devices independent of other gauging equipment. Alarms shall be located either on-site or remote so that the flow of regulated substance may be stopped or diverted; or
(c) An equivalent device or system, approved by the department, designed to prevent releases due to overfills.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:13, July 1, 1996.
General Authority: SDCL 34A-2-93.
Law Implemented: SDCL 34A-2-100.
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 must be maintained to provide continuous cathodic protection to the metal components of the AST system in contact with the ground or an electrolyte;
(2) All AST systems equipped with cathodic protection systems must be inspected according to the following minimum inspection schedule:
(a) The cathodic protection system shall be checked within six months of installation for adequate protection and annually thereafter by a corrosion protection tester;
(b) All AST systems with impressed current or sacrificial anodes shall be inspected every 30 days to ensure continuous operation of the rectifier or anodes; and
(c) All results must be maintained for the life of the AST system;
(3) One or both of the following criteria shall be followed when taking tests of AST systems:
(a) A negative potential of at least 0.85 volts measured between an AST system and a saturated copper sulphate (Cu2SO4) reference electrode touching the soil above the piping and at a distance of one foot from the tank; or
(b) A negative polarization potential shift of at least 100 mV (.10V) as measured between the AST system and the copper sulphate reference electrode contacting the soil. This shift is the polarization decay determined after the protective current is disconnected; and
(4) Voltage measurements other than those across the structure electrolyte boundary shall be considered for valid interpretation of the voltage measurement taken for the criteria in subdivision (3) of this section.
Owners or operators of all new and upgraded AST systems must certify compliance with corrosion protection requirements on the certification of compliance form.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:14, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-98, 34A-2-99.
Cross-Reference: Certification of compliance, § 74:56:03:03.
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, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:15, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 and the tank meets new AST standards specified in §§ 74:56:03:07 and 74:56:03:08;
(b) The tank and the internal liners and coatings are compatible with the regulated substance stored;
(c) The tank was inspected internally;
(d) All welds and patches are installed in accordance to accepted industry codes and practices, such as API Standard 1104 (1968);
(e) Prior to repairs all sludges and sediment materials were removed from the tank and properly disposed of according to state and federal statutes;
(2) All piping and fittings being repaired shall be restored to equal to or better than original conditions. All piping and fittings must be tested in accordance with professional engineering practices to ensure adequacy of repairs prior to putting the systems back into service;
(3) All owners or operators must maintain records of any repairs performed on AST systems. Such records must be capable of demonstrating compliance with subdivisions (1) and (2) of this section.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:16, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
Reference: API Standard 1104, 1968 Edition, American Petroleum Institute. Copies may be obtained from the American Petroleum Institute, Publication and Distribution Section, 1220 L Street, Northwest, Washington, DC 20005-4070. Cost $30.
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 regulated substance levels except on weekends and holidays. Take weekly inventory measurements of regulated substance levels if there is a secondary containment facility;
(b) Perform monthly reconciliations of inventory records;
(c) Inspect all overfill devices, release detection instruments, gauges, valves, and operation of all components of cathodic protection systems at least biannually not to exceed 7 1/2 months between inspections; and
(d) Visually inspect all internal components of ASTs not exempted in § 74:56:03:05, according to the schedule established in § 74:56:03:05. Owners or operators of an AST which cannot comply with this requirement may request a variance pursuant to § 74:56:03:06;
(2) All owners or operators of AST systems must maintain detailed records of all inspections;
(3) Any defects in the AST system detected in the course of any inspections must be repaired or replaced in accordance with § 74:56:03:16. Any releases detected must be reported in accordance with § 74:56:03:21 and corrective action implemented in accordance with § 74:56:03:22.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:17, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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) All owners or operators of AST systems shall cooperate fully with inspections, monitoring, and testing conducted by the department;
(2) All records required in this chapter shall be maintained:
(a) On-site and immediately available for inspection; or
(b) Made available to the department at a site within the state boundaries within 24 hours.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:18, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 of the following:
(a) Perforated gravity collection pipes or channels in a concrete foundation pad which can be monitored for the presence of a release;
(b) Internal systems designed to detect any changes in regulated substance level, such as in-tank monitors, capable of continuous monitoring and connected to an external alarm system;
(c) External systems designed to detect any releases; or
(d) Comparable release detection systems as approved by the department.
Department approval is required prior to the installation of the release detection systems.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:19, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
Note: It is recommended that owners or operators conduct hydrogeologic investigations to determine proper siting of release detection systems.
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 shall contain information necessary for reporting a release, including:
(1) A listing of local and state agencies designated for release notification with telephone numbers;
(2) The name of the facility;
(3) The name and telephone numbers of the owners and operators;
(4) The address of the facility with the legal description;
(5) The identification of ASTs corresponding to the notification form;
(6) The name of the regulated substance stored with a material safety data sheet for each regulated substance; and
(7) A description of the facility, including site maps and surface drainage diagrams.
Information contained in the release notification plan must be updated annually.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:20, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 the designated state and local agencies when any of the following conditions exist:
(a) The testing, sampling, or monitoring results from a release detection method that indicates a release may have occurred;
(b) Unusual operating conditions such as the sudden loss of regulated substance from the AST system, indicating the presence of the regulated substance or vapors outside the AST system;
(c) Impacts occurring in the surrounding area such as evidence of regulated substances or resulting vapors in soils, basements, sewer lines, utility lines, or nearby waters of the state; and
(d) An indication from a gas chromatography or equivalent method that there is an increasing concentration of total hydrocarbons in a soil sample;
(2) Any spill or overfill of a hazardous substance that exceeds its reportable quantity under CERCLA (40 C.F.R. § 302, 1980) or threatens the waters of the state shall be contained, cleaned up, and reported to designated state and local agencies immediately;
(3) Any spill or overfill of petroleum that exceeds 25 gallons, causes a sheen on the waters of the state, or threatens the waters of the state shall be contained and cleaned up and shall be reported to the designated state and local agencies immediately;
(4) Any spill or overfill of petroleum shall be contained and cleaned up immediately. If the cleanup cannot be accomplished within 24 hours, the department, Division of Emergency Management, and applicable local agencies must be notified within 24 hours.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:21, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 the owners or operators using one or more of the following procedures:
(a) Initiation of a site investigation of the suspected release incident to determine the total extent of release;
(b) In case of an AST system with secondary containment, an investigation of a possible release into the area between the AST system and the secondary containment;
(c) Internal tank inspection;
(d) Investigation in the following manner of releases detected by a failed tank or piping test:
(i) A check of inventory records to detect a discrepancy that indicates a release may have occurred;
(ii)Isolation from the tank and retesting of the piping within seven days after the initial testing;
(iii) Isolation from the piping and retesting of the tank within seven days after the initial testing; and
(iv) Laboratory analysis of soil samples for regulated substance contamination in the area of the suspected release;
(e) In the case of a discrepancy during inventory reconciliation or any other suspected release, an investigation shall be conducted in the following manner:
(i) A test of the AST systems and piping that is conducted within seven days after the initial reporting to the state to determine if a release may have occurred; and
(ii)Laboratory analysis of soil samples for regulated substance contamination in the area of the suspected release;
(f) Other investigative procedures with prior approval of the department;
(2) When a release of a regulated substance is suspected, the state may require the owners or operators to test the AST systems and piping for tightness or structural soundness or require a site investigation to ascertain the location, magnitude, and effect of the releases.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:22, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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:
(1) Upon confirmation of a release, the owners or operators of AST systems shall undertake the following initial abatement requirements for corrective action:
(a) Immediately report the release to the designated state and local agencies;
(b) Stop any further release from the AST system;
(c) Mitigate fire, safety, and health hazards;
(d) If the material was released to a secondary containment system, remove all released materials within 24 hours or as determined by the department;
(e) Remediate all contaminated soil in accordance with chapter 74:56:05;
(f) Report in writing to the department the initial corrective action taken, including a verification of AST system repair or closure if appropriate, within 20 days after confirmation or discovery of the release;
(g) Conduct a department-approved investigation to determine the possible presence of free product and initiate free product removal in accordance with § 74:56:03:24;
(2) The owners or operators must assemble from investigations of the site and the release the information considered necessary by the department for completing the corrective action measures required in subdivision (1) of this section. This information may include the following:
(a) Data on the nature and estimated quantity of the release;
(b) Data from surface and subsurface soil sampling and analyses;
(c) Data for groundwater or surface water sampling and analyses, or both;
(d) Data from available sources or site investigations, or both, concerning surrounding populations, water quality and use, well locations, subsurface soil conditions, climatological conditions, and land usage; and
(e) The overall extent, both vertically and horizontally, of the limits of contamination;
(3) The information collected by the owners or operators during the course of the investigation under subdivision (2) of this section must be submitted to the department according to the schedule established by the department. The department may request the collection and submission of additional information or a corrective action plan, or both, for additional cleanup of soil or waters of the state.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:23, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
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 initiated under § 74:56:03:23 and while preparing for subsequent actions required under §§ 74:56:03:25 and 74:56:03:26. In meeting the requirements of this section the owners or operators shall:
(1) Conduct free product recovery in such a manner that contamination is not spread into previously uncontaminated areas through untreated discharge or improper disposal techniques;
(2) Handle any flammable or toxic products in such a manner as to prevent fires, explosions, or health risks; and
(3) Unless directed to do otherwise by the department, prepare and submit to the department in writing within 30 days a report on free product removal that provides at least the following information:
(a) The names of all the persons responsible and their qualifications for implementing the free product recovery plan;
(b) The estimated quantity and type of product on- and off-site and the product thickness in wells, boreholes, and excavations;
(c) Details of the product recovery system;
(d) Whether any discharge will take place on- or off-site during the recovery operation;
(e) The type of treatment and expected effluent quantity from any discharge; and
(f) The disposition of the recovered product.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:24, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
74:56:03:25. Additional site investigation. Additional site investigation requirements are as follows:
(1) When an investigation indicates that there may be additional soil contamination from the release or that contamination has reached waters of the state or as directed by the department, the owners or operators shall:
(a) Conduct additional investigations of the release, the release site, and the surrounding area affected by the release to determine the full extent and location of soils contaminated by the release; and
(b) Conduct additional investigations of the release, the release site, and the surrounding area affected by the release to determine the presence of dissolved contamination and free product;
(2) The information collected by the owners or operators during the course of the investigations under subdivision (1) of this section shall be submitted in accordance with a schedule established by the department;
(3) The department may request the submission of a corrective action plan for additional cleanup of soil or waters of the state, or both.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:25, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
74:56:03:26. Cleanup of soil and waters of the state. Cleanup requirements for soil and waters of the state are as follows:
(1) Owners or operators required by the department to develop and submit a corrective action plan for responding to any contaminated soils or waters of the state must submit a plan according to a schedule established by the department;
(2) The department shall approve the corrective action plan only if it assures that implementation of the plan will provide adequate protection of human health, safety, and the environment. In making this determination, the department may consider:
(a) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
(b) The hydrogeologic characteristics of the AST system site and the surrounding land;
(c) The proximity, quality, and current and future uses of waters of the state; and
(d) A risk assessment;
(3) Upon approval of the corrective action plans, the owners or operators shall implement the plan and monitor, evaluate, and report the results as required by the department. The owners or operators shall provide any additional information on corrective actions requested by the department.
Source: 14 SDR 76, effective November 29, 1987; transferred from § 74:03:30:26, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
74:56:03:27. AST systems temporarily removed from use. Requirements for AST systems temporarily removed from use are as follows:
(1) Owners or operators of AST systems temporarily removed from use for less than three months with regulated substances left in the system shall continue operation and maintenance of release detection and corrosion protection devices; and
(2) Owners or operators of AST systems temporarily removed from use for longer than three months but less than 24 months shall perform the following:
(a) All manways shall be locked or bolted securely and fill lines, gauge openings, or pump lines shall be capped or plugged to prevent unauthorized entrance or tampering; and
(b) If regulated substance is left in the tank, requirements established in subdivision (1) of this section shall be met; or
(c) If regulated substance is removed, the tank shall be protected from flotation.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:27, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
74:56:03:28. Permanent closure. Requirements for permanent closure are as follows:
(1) Tanks removed from service longer than 24 months shall be permanently closed as follows:
(a) Regulated substances, sludge, water, and sediment material shall be removed from the tank and connecting piping and disposed of properly;
(b) Tanks shall be rendered free of volatile, explosive, and hazardous vapors. Provisions shall be made to ensure the tank remains vapor-free;
(c) All connecting pipes shall be disconnected and removed, capped, or plugged. Manways shall be securely fastened in place to prevent unauthorized access;
(d) Tanks shall be protected from flotation; and
(e) At least 30 days prior to permanent closure the owners or operators shall notify the department of the change in status of the AST and perform an assessment of the AST site to determine if any releases have occurred. This site assessment requirement is satisfied if external release detection devices in accordance with § 74:56:03:19 have been in use at the site and have revealed no losses or if other site assessment methods approved by the department have been in use. If a release is detected during the site assessment, the owners or operators must comply with corrective action requirements established in § 74:56:03:23;
(2) All owners or operators of permanently closed ASTs shall maintain records capable of demonstrating compliance with subdivision (1) of this section. Such records shall be maintained for three years after permanent closure by the following:
(a) The owners or operators who permanently closed the AST;
(b) The current owners or operators of the AST; or
(c) The department, if the records have been given to it;
(3) Tanks which are disposed of as junk shall be tested for the presence of volatile, hazardous, and explosive vapors, rendered vapor free if necessary, and punched with holes to make them unfit for storage of liquids.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:28, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
74:56:03:29. Used AST systems. Any AST system which has been permanently closed may not be brought into use for the storage of regulated substances unless the tank is upgraded to meet requirements in §§ 74:56:03:04 and 74:56:03:09.
AST systems shall not be reused for the storage of food or potable water.
Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:30:29, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-101.
Law Implemented: SDCL 34A-2-100, 34A-2-101.
CHAPTER 74:56:04
BULK CHEMICAL STORAGE FACILITIES
(Repealed. SL 1997, ch 208, § 1)
CHAPTER 74:56:05
REMEDIATION CRITERIA FOR PETROLEUM-CONTAMINATED SOILS
Section
74:56:05:01 Definitions.
74:56:05:02 Exposure pathway defined.
74:56:05:03 Corrective action preceding a Tier 1 assessment.
74:56:05:04 Chemicals of concern.
74:56:05:05 Determination of total petroleum hydrocarbon concentration -- Method.
74:56:05:06 Tier 1 assessments.
74:56:05:07 Tier 1 action levels -- Criteria for calculation.
74:56:05:08 Soils exceeding 500 parts per million total petroleum hydrocarbons.
74:56:05:09 Corrective action or Tier 2 assessment required.
74:56:05:10 Tier 2 assessments.
74:56:05:11 Tier 2 action levels -- Criteria.
74:56:05:12 Corrective action or Tier 3 assessment required.
74:56:05:13 Tier 3 assessments.
74:56:05:14 Tier 3 action levels -- Criteria.
74:56:05:15 Monitoring wells may be required.
74:56:05:16 Free phase product removal required.
74:56:05:17 Corrective action required.
74:56:05:18 Soil remediation or removal requirements.
74:56:05:19 Visibly contaminated soil in the excavation area.
74:56:05:20 Unrecoverable petroleum-contaminated soils.
74:56:05:21 On-site storage of contaminated soils.
74:56:05:22 Off-site storage of contaminated soils.
74:56:05:23 Alternative storage of contaminated soils.
74:56:05:24 Closed-site data base.
74:56:05:01. Definitions. Terms defined in SDCL chapters 34A-2 and 34A-12 and ARSD chapters 74:54:01, 74:54:02, 74:56:01, and 74:56:03 have the same meaning when used in this chapter unless they are defined otherwise. In addition, terms used in this chapter mean:
(1) "Action levels," numeric values or other performance criteria that are protective of human health which, if reached or exceeded, require further assessment or corrective action;
(2) "Chemicals of concern," specific constituents that are identified for evaluation in the risk assessment process as provided for in § 74:56:05:04;
(3) "Corrective action," the sequence of actions at a petroleum release site that include site assessment, interim remedial action, remedial action, operation and maintenance of equipment, monitoring of progress, and termination of the remedial action;
(4) "Direct exposure pathway," an exposure pathway, as defined in § 74:56:05:02, whose point of exposure is at the source, without a release to any other medium;
(5) "Excavation area," the area containing the tank system and backfill material bounded by the ground surface, the walls and floor of the pit, and the trenches into which the underground storage tank system was placed at the time of installation or two feet around the underground storage tank system if the limits of the original excavation cannot be determined;
(6) "Exposure," contact of an organism with a chemical of concern;
(7) "Exposure assessment," the estimation, qualitative or quantitative, of the magnitude, frequency, and duration of exposure to a chemical of concern, and the route of exposure;
(8) "Fate and transport analysis," a study conducted to determine the mechanisms and routes by which chemicals of concern may enter a specific environment, the specific environments potentially affected by the chemicals of concern, and the final disposition and chemical form of the chemicals of concern in those environments;
(9) Free phase product," pure petroleum product floating on the groundwater;
(10) "Hazard index (HI)," the sum of more than one hazard quotient for multiple chemicals of concern or multiple exposure pathways;
(11) "Hazard quotient," the ratio of a single chemical exposure level over a specified period of time to a reference dose for that chemical derived from a similar exposure period;
(12) "Indirect exposure pathway," an exposure pathway, as defined in § 74:56:05:02, with at least one intermediate release to any medium between the source and the point or points of exposure, i.e., chemicals of concern moving from soil through groundwater to the point or points of exposure;
(13) "Middle distillate total petroleum hydrocarbons," petroleum products with boiling point ranges from 190° to 360°C, such as diesel fuels, heating fuels, kerosene, motor oil, waste oil, transformer oil, crude oil, aviation fuel, and similar substances;
(14) "Reasonable maximum exposure," the highest exposure to a chemical of concern expected to occur at a site;
(15) "Receptor," persons, structures, utilities, surface water, groundwater, or water supply wells that are or may be adversely affected by a petroleum release;
(16) "Reference dose (RfD)," an estimate of daily exposure level to a chemical of concern for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk of deleterious effects during a lifetime;
(17) "Slope factor," an upper-bound estimate of the probability of a response per unit intake of a chemical of concern over a lifetime, used to estimate an upper-bound probability of an individual developing cancer as a result of a lifetime of exposure to a particular level of a potential carcinogen;
(18) "Volatile," petroleum products with boiling point ranges from 20° to 190°C, such as gasolines, gasohol aviation gas, jet fuel, and similar substances.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:01, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:01, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-98, 34A-12-1.
Cross-Reference: Underground storage tanks (UST), ch 74:56:01.
74:56:05:02. Exposure pathway defined. The course a chemical or physical agent takes from a source to an exposed organism. An exposure pathway describes a unique mechanism by which an individual or population is exposed to chemicals or physical agents at or originating from a site. Each exposure pathway includes a source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source, a transport/exposure medium, such as air, or media in cases of intermedia transfer, is also included.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:02, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-98, 34A-12-1.
74:56:05:03. Corrective action preceding a Tier 1 assessment. If the department determines that a petroleum release is adversely affecting on-site or off-site receptors, the responsible person must implement corrective action to remove the source of the contamination or must mitigate the adverse effects before conducting a Tier 1 assessment.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:03, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-Reference: Tier 1 assessment, § 74:03:33:06.
74:56:05:04. Chemicals of concern. The responsible person must have soil samples from petroleum release sites analyzed for the following chemicals of concern. All chemicals of concern must be analyzed based on the nature of the product, using an EPA-approved laboratory method. All samples must be analyzed by a laboratory as follows:
(1) If the release is known or suspected to be a volatile, analyze for benzene, toluene, ethylbenzene, xylene, and total petroleum hydrocarbons;
(2) If the release is known or suspected to be a middle distillate total petroleum hydrocarbon, analyze for napthalene, and total petroleum hydrocarbons; in addition:
(a) If the release is known or suspected to be waste oil, analyze for napthalene, total petroleum hydrocarbons, and toxicity characteristic leaching procedure metals;
(b) If the release is known or suspected to be transformer oil, analyze for napthalene, total petroleum hydrocarbons, and polychorinated biphenals;
(3) If the department determines that other constituents may exist in quantities that may adversely affect structures; utility, sewer, and water supply lines; human receptors; surface water; or groundwater, the department may require the responsible person to test for and monitor those contaminants.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:05, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:04, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-Reference: Approved test procedures, § 74:54:01:04.
74:56:05:05. Determination of total petroleum hydrocarbon concentration -- Method. Petroleum-contaminated soils must be analyzed for total petroleum hydrocarbons by the California/United States Geological Survey method published in "Draft Method for Total Petroleum Hydrocarbons and Total Organic Lead," February 1988. The department may approve an alternative method which has detection limits, precision, and accuracy that are at least equivalent to the specified method. Approved methods must quantify total petroleum hydrocarbons by integrating all detectable peaks within the time period in which at least 95 percent of the recoverable hydrocarbons are eluted.
Soils contaminated with waste oil must be analyzed for total petroleum hydrocarbons by EPA method 418.1 as published in EPA's "Methods for Chemical Analysis of Water and Wastes," 1983. The department may approve an alternative method which has detection limits, precision, and accuracy that are at least equivalent to the specified method. Approved methods must quantify total petroleum hydrocarbons by integrating all detectable peaks within the time period in which at least 95 percent of the recoverable hydrocarbons are eluted.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:04, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:05, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
References: "Draft Method for Total Petroleum Hydrocarbons and Total Organic Lead," February 1988, Hazardous Materials Laboratory, California Department of Health Services, 2151 Berkeley Way, Berkeley, California 90704, (510)540-3003. Copies may be obtained from the address listed. Cost: No charge.
Pages 418.1-1 to 418.1-3, inclusive, "Methods for Chemical Analysis of Water and Wastes, 1983, Stock Number EPA-600/4-79-020, 550 pages, U.S. Environmental Protection Agency. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Cost: $3.
74:56:05:06. Tier 1 assessments. The responsible person must conduct Tier 1 assessments. A Tier 1 assessment is a risk-based analysis to develop values that are not site-specific for direct and indirect exposure pathways utilizing conservative exposure factors and fate and transport for potential pathways. Data from the Tier 1 assessment must be compared to the criteria established in Table 1 in § 74:56:05:07.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:06, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:07. Tier 1 action levels -- Criteria for calculation. The department shall calculate Tier 1 action levels shown in Table 1 in this section based on the petroleum contamination in soil leaching to the groundwater pathway, with an excess lifetime cancer risk not exceeding 1:100,000 and a chronic noncancer risk not exceeding a hazard index of one. The department assumes there are receptors actually or potentially ingesting groundwater at the point of maximum soil contamination.
Table 1 is as follows:
TABLE 1
TIER 1 ACTION LEVELS FOR SOILS AT PETROLEUM RELEASE SITES
Chemical of Concern |
Tier 1 Action Level (ppm = parts per million) |
|
|
|
Benzene |
0.2 ppm |
|
Toluene |
15 ppm |
|
Ethylbenzene |
10 ppm |
|
Xylene |
300 ppm |
|
Napthalene |
25 ppm |
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:07, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:08. Soils exceeding 500 parts per million total petroleum hydrocarbons. If total petroleum hydrocarbon concentrations in soil exceed 500 parts per million, the responsible person must initiate a Tier 2 assessment.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:08, July 1, 1996
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:09. Corrective action or Tier 2 assessment required. If soil contaminant levels exceed Tier 1 action levels, the responsible person must submit a corrective action plan to the department for approval or, if the site meets the criteria listed below, the responsible person may calculate Tier 2 action levels based on actual site conditions. If the department determines that the plan will reduce the risk associated with the site to below the criteria in subdivisions (2) and (3) of § 74:56:05:11, the department shall approve the plan and the responsible person must implement the corrective action.
The criteria for progressing to a Tier 2 assessment are:
(1) The assumptions used to calculate the Tier 1 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 2 action levels will be different from Tier 1 action levels; and
(3) The cost of performing a Tier 2 assessment and implementation of corrective action to Tier 2 action levels is likely to be substantially less than the cost of corrective action under Tier 1.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:09, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:10. Tier 2 assessments. A Tier 2 assessment is a risk-based analysis applying the direct exposure values established under a Tier 1 assessment at the point or points of exposure developed for a specific site and development of values for potential indirect exposure pathways at the point or points of exposure based on site-specific conditions. As part of a Tier 2 assessment, the responsible person must define the vertical and horizontal extent of soil contamination exceeding Tier 1 action levels and groundwater exceeding South Dakota groundwater quality standards.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:10, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Cross-References: Tier 1 action levels -- Criteria for calculation, § 74:56:05:07; Groundwater quality standards, ch 74:54:01.
74:56:05:11. Tier 2 action levels -- Criteria. The responsible person must calculate Tier 2 action levels based on actual site conditions, as follows:
(1) Toxicity information must be obtained from sources consistent with EPA's "Risk Assessment Guidance for Superfund" (1989). The department may allow the development of a toxicity value if required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed a hazard index of one for all pathways;
(4) Reasonable maximum exposure default values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989) must be used for exposure assessments or site-specific exposure data may be used with the permission of the department;
(5) "Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action" (1995a; 1995b) is the source for fate and transport models for development of Tier 2 action levels;
(6) The department shall approve the location of monitoring points to ensure compliance with the South Dakota groundwater quality standards in chapter 74:54:01 and the conditions listed in subdivisions (2) and (3) in this section.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:11, July 1, 1996
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
References: Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)" December 1989, United States Environmental Protection Agency, Office of Emergency and Remedial Response, 401 M Street, SW(OS-230), Washington, DC 20460, (202)475-9486. Copies may be obtained from the address listed. Cost: $48.
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action," June 1995a, 48 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005, Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address listed. Cost: $75 (includes Appendix B below).
"Tier 2 RBCA Guidance Manual for Risk-Based Corrective Action, Appendix B: Tier 1/Tier 2 RBCA Modeling Guidelines and Spreadsheet System" June 1995b, 34 pages, Groundwater Services, Inc., 5252 Westchester, Suite 77005, Houston, Texas 77005, (713)663-6600. Copies may be obtained from the address listed. Cost: $75 (includes guidance manual above).
74:56:05:12. Corrective action of Tier 3 assessment required. If soil contaminant levels exceed the Tier 2 action levels, the responsible person must submit a corrective action plan to the department for approval or, if the site meets the criteria listed below, the responsible person may calculate Tier 3 action levels using site-specific models. If the department determines that the plan will reduce the risks associated with the site to below the criteria in subdivisions (2) and (3) of § 74:56:05:11, the department shall approve the plan and the responsible person must implement the corrective action.
The criteria for progressing to a Tier 3 assessment are:
(1) The assumptions used to calculate the Tier 2 action levels are not applicable to actual site conditions;
(2) It is likely that Tier 3 action levels will be different from Tier 2 action levels; and
(3) The cost of performing a Tier 3 assessment and implementation of corrective action to Tier 3 action levels is likely to be substantially less than the cost of correction action under Tier 2.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:12, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:13. Tier 3 assessments. A Tier 3 assessment is a risk-based analysis to develop values for potential direct and indirect exposure pathways at the point or points of exposure based on site-specific conditions. As part of a Tier 3 assessment, the responsible person must define the vertical and horizontal extent of soil contamination exceeding Tier 1 action levels and groundwater exceeding South Dakota groundwater quality standards in chapter 74:54:01.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:13, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:14. Tier 3 action levels -- Criteria. The responsible person may calculate Tier 3 action levels with prior approval from the department and as specified below:
(1) Toxicity information must be obtained from sources consistent with EPA's "Risk Assessment Guidance for Superfund" (1989). The department may allow the development of a toxicity value if required and applicable toxicological data are available;
(2) The excess lifetime cancer risk may not exceed 1:100,000 for all pathways;
(3) The chronic noncancer risk may not exceed a hazard index of one for all pathways;
(4) Reasonable maximum exposure default values as determined in EPA's "Risk Assessment Guidance for Superfund" (1989) must be used for exposure assumptions or site specific exposure data may be used with the permission of the department;
(5) The department shall approve work plans for the development of Tier 3 action levels;
(6) The department shall approve of the location of monitoring points to ensure compliance with the South Dakota groundwater quality standards in chapter 74:54:01 and the conditions listed in subdivisions (2) and (3) in this section;
(7) If soil contaminant levels exceed the Tier 3 action levels, the responsible person must implement corrective action consistent with § 74:56:05:01 to reduce the risks associated with the site to below the conditions listed in subdivisions (2) and (3) in this section;
(8) The responsible person must pay for any modeling or review by an independent department contractor.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:14, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
Reference: Pages 6-32 to 6-52, inclusive, and page 7-15, "Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation Manual (Part A)" December 1989, United States Environmental Protection Agency, Office of Emergency and Remedial Response, 401 M Street, SW (OS-230), Washington, DC 20460, (202)475-9486. Copies may be obtained from the address listed. Cost: $48.
74:56:05:15. Monitoring wells may be required. Based on site conditions and the presence or suspected presence of groundwater contamination, the department may require the responsible person to install and sample monitoring wells to determine the groundwater gradient and quality. All wells must be drilled and constructed in accordance with chapter 74:02:04.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:15, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:16. Free phase product removal required. If assessment data indicates the presence of free phase product, the responsible person must immediately remove as much free phase product as practicable.
Source: 22 SDR 86, effective December 18, 1996; transferred from § 74:03:33:16, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:17. Corrective action required. If assessment data indicates that petroleum vapors have the potential to adversely affect structures or utilities, the responsible person must determine if adverse affects have occurred. If adverse affects have occurred or, in the opinion of the department, may occur in the future, the responsible person must initiate corrective action consistent with the requirements of this chapter.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:17, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:18. Soil remediation or removal requirements. The responsible person must implement corrective action to reduce the risks associated with petroleum-contaminated soils according to the criteria listed in §§ 74:56:05:06 to 74:56:05:17, inclusive. If the department determines that these criteria do not apply in some instances, other criteria may be used on a site-specific basis. All contaminant concentrations must be determined in accordance with §§ 74:56:05:04 and 74:56:05:05.
If petroleum-contaminated soil is removed from a site, it must be disposed of in accordance with article 74:27.
Source: 17 SDR 37, effective September 12, 1990; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:32:03, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:18, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:19. Visibly contaminated soil in the excavation area. All visibly contaminated soil in the excavation area must be removed and disposed of in accordance with article 74:27.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:02, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:19, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:20. Unrecoverable petroleum-contaminated soils. If visibly contaminated soils or contaminated soils that exceed the guidelines established in §§ 74:56:05:06 to 74:56:05:14, inclusive, are unrecoverable and left in place under buildings, roads, or structures or are in contact with such features as sewer lines, utility lines, and water supply lines, the responsible person must establish a monitoring program consistent with this chapter. If the department determines that contaminated soils left in place are a potential threat to human health and the environment, the responsible person must take measures to protect public health and the environment. Such measures may include in situ remediation, ventilation, removal, or other applicable technologies as they become available. The department may allow soils contaminated above site-specific standards to be left in place if physical constraints, other than those listed in this section, do not allow for complete removal. Contaminated soils left in place may be remediated with department approval in accordance with §§ 74:56:05:06 to 74:56:05:14, inclusive.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:20, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:21. On-site storage of contaminated soils. The responsible person must dispose of all contaminated soils in accordance with article 74:27. If circumstances prohibit disposal within 72 hours after excavation, the responsible person must notify the department and store the contaminated soils on-site as follows:
(1) The responsible person must place all contaminated soils on a minimum 10-mil, single-layer or composite, synthetic membrane liner. The liner must be installed undamaged on a surface free of angular rocks, roots, and other materials that may damage the integrity of the liner;
(2) Once the liner has been installed the responsible person must dike the liner to prevent surface runoff and prevent movement of the liner;
(3) When stockpiling is completed, the responsible person must cover soils with a minimum 10-mil, single-layer or composite, flexible membrane material that is anchored to the dike.
If contaminated soils are not stored on a hardtop surface, the responsible person must collect one soil sample from beneath the synthetic membrane liner immediately after disposal and have it analyzed for the same constituents for which the stored soils were analyzed.
Contaminated soils may not be stored on-site for more than 30 days. The department may grant 30-day extensions if circumstances prohibit disposal. Trucking distance to a landfill is not an extendable circumstance unless the department is notified of actions being taken by the responsible person to arrange for alternative disposal, such as land farming, and the department is satisfied that a good faith effort is being made.
If contaminated soils are stored on-site for more than 30 days, the responsible person must inspect the flexible membrane material cover every 30 days and replace it, if necessary, with a new 10-mil flexible membrane material cover.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:06, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:21, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:22. Off-site storage of contaminated soils. The department may allow the responsible person to store contaminated soils off-site if the landowner signs an affidavit giving approval for the storage. Off-site storage must comply with the synthetic liner and cover requirements and the sampling requirement outlined in § 74:56:05:21. Contaminated soils may not be stored off-site for more than 30 days. The department may grant off-site storage extensions for circumstances that prohibit disposal if the landowner also approves of the extension. Trucking distance to a landfill is not an extendable circumstance unless the department is notified of actions being taken by the responsible person to arrange for alternative disposal, such as land farming, and the department is satisfied that a good faith effort is being made.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:07, 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:22, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:23. Alternative storage of contaminated soils. The department may allow other types of storage areas if they meet or exceed the requirements of this chapter.
Source: 17 SDR 37, effective September 12, 1990; transferred from § 74:03:32:08, 22 SDR 86, effective December 18, 1996; transferred from § 74:03:33:23, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-99, 34A-2-101, 34A-12-10.
74:56:05:24. Closed-site data base. The department shall maintain a data base of all closed petroleum-contaminated soils sites. The data base shall contain the location of the site, the persons responsible for the corrective action, and the contractor who performed the assessment and corrective action. If the site was closed through risk-based corrective action as provided for in this chapter, the data base shall include the land use for the site upon which the risk-based corrective action was determined. The department shall maintain a telephone number to provide this information to lenders, purchasers, zoning officials, and other interested parties. Normal business hours are 8:00 am to 12:00 noon and 1:00 pm to 5:00 pm, central time, Monday through Friday.
Source: 22 SDR 86, effective December 18, 1995; transferred from § 74:03:33:24, July 1, 1996.
General Authority: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-7.
Law Implemented: SDCL 34A-2-93, 34A-2-99, 34A-2-101, 34A-12-10.
Note: Contact (605)773-3296 for information on this data base.
