CHAPTER 74:28:21
ADMINISTRATION
Section
74:28:21:01 Definitions.
74:28:21:01.01 Incorporation by reference.
74:28:21:02 General standards for a hazardous waste management system.
74:28:21:03 Use of term RCRA § 3008.
74:28:21:01. Definitions. Terms used in the federal rules when incorporated by reference in § 74:28:21:01.01 mean:
(1) "Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:
(a) 40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. §§ 264.12(a) and 265.12(a);
(d) 40 C.F.R. § 268.40(b);
(e) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";
(f) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2), (3), and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;
(2) "Director," the secretary of the Department of Agriculture and Natural Resources or a designee;
(3) "EPA," the state Department of Agriculture and Natural Resources, except for:
(a) Any references to "EPA identification numbers," "EPA forms," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA manuals," "EPA guidance," or "EPA Acknowledgment of Consent";
(b) Any reference to EPA in the following regulations:
(i) 40 C.F.R. § 260.10, the definitions of "administrator," "electronic manifest," "electronic manifest system," "EPA region," "Regional Administrator," and "user of the electronic manifest system";
(ii) 40 C.F.R. Part 261, Appendix IX;
(iii) 40 C.F.R. §§ 262.21; and 262.32(b);
(iv) 40 C.F.R. §§ 264.11 and 265.11;
(v) 40 C.F.R. § 268.1(e)(3), 268.2(j) and 268.40(f);
(vi) 40 C.F.R. §§ 270.1(a)(1); 270.1(b); 270.3; 270.5; 270.10(e)(2); 270.11(a)(3); 270.32(a) and (c); 270.51; 270.72(a)(5); and 270.72(b)(5);
(vii) 40 C.F.R. § 270.2, the definitions of "administrator," "approved program or approved state," "director," "Environmental Protection Agency," "EPA," "final authorization," "permit," "Regional Administrator," and "state/EPA agreement";
(viii) 40 C.F.R. § 273.32(a)(3);
(ix) The second reference to EPA at 40 C.F.R. §§ 264.1082(c)(4)(ii) and 265.1083(c)(4)(ii);
(x) 40 C.F.R. § 260.11(a) and (c);
(xi) 40 C.F.R. § 261.41;
(xii) 40 C.F.R. §§ 260.4; 260.5; 264.71(a)(2)(v); 265.71(a)(2)(v); 264.71(j); and 265.71(j);
(4) "EPA hazardous waste number," the number assigned by the secretary to each hazardous waste;
(5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, or disposal facility;
(6) "Existing hazardous waste management facility" or "existing facility," a facility that was in operation or for which construction commenced on or before November 19, 1980, for the Hazardous and Solid Waste Amendments of 1984 (HSWA) facilities, or before April 8, 1984, for non-HSWA facilities;
(7) "Existing tank system" or "existing component," a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, or on or before June 7, 1989, for non-HSWA tanks;
(8) "Federal Register," a newspaper of general circulation in this state, except at:
(a) 40 C.F.R. § 260.11(a);
(b) 40 C.F.R. § 270.6(a);
(c) 40 C.F.R. § 270.10(e)(2);
(9) "HSWA tank," a tank owned or operated by a small quantity generator, a new underground tank, or a tank that cannot be entered for inspection;
(10) "New hazardous waste management facility" or "new facility," a facility that began operation, or for which construction commenced, after November 19, 1980, for HSWA facilities, and after April 8, 1984, for non-HSWA facilities;
(11) "New tank system" or "new tank component," a tank system or component that will be used for the storage or treatment of hazardous waste for which installation commenced after July 14, 1986, for HSWA tanks, and after June 7, 1989, for non-HSWA tanks; or, for the purposes of 40 C.F.R. § 264.193(g)(2) and 40 C.F.R. § 265.193(g)(2), all as incorporated by § 74:28:21:01.01, for which construction commenced after July 14, 1986, for HSWA tanks and after June 7, 1989, for non-HSWA tanks;
(12) "Non-HSWA tank," a tank that is not owned or operated by a small quantity generator and is either an existing underground tank or a tank that can be entered for inspection;
(13) "Region," this state, at these two sections:
(a) 40 C.F.R. § 261.4(e)(3)(iii);
(b) 40 C.F.R. § 262.42(a)(2) and (b);
(14) "Resource Conservation and Recovery Act (RCRA)," "RCRA," or any references to any sections of RCRA, SDCL chapter 34A-11, except at:
(a) 40 C.F.R. § 260.10, the definition of "Act" or "RCRA";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. §§ 270.1(a)(2) and 270.51;
(d) 40 C.F.R. § 270.2, the definition of "RCRA";
(e) 40 C.F.R. §§ 264.4 and 265.4;
(f) 40 C.F.R. § 260.5;
(15) "Regional Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:
(a) 40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";
(b) 40 C.F.R. Part 261, Appendix IX;
(c) 40 C.F.R. § 263.11;
(d) 40 C.F.R. §§ 264.12(a) and 265.12(a);
(e) 40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";
(f) 40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2) and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;
(16) "Secretary," the secretary of the Department of Agriculture and Natural Resources or a designee;
(17) "State," the state of South Dakota, except at:
(a) 40 C.F.R. § 260.10, the definitions of "person," "state," and "United States";
(b) 40 C.F.R. §§ 264.143(e)(1); 265.143(d)(1); 264.145(e)(1); 265.145(d)(1); 264.147(a)(1)(ii), (b)(1)(ii), (g)(2), and (i)(4); and 265.147(a)(1)(ii), (b)(1)(ii), (g)(2) and (i)(4); and
(c) 40 C.F.R. § 270.2, the definitions of "approved program or approved State," "director," "final authorization," "interim authorization," "person," and "state";
(18) Any reference to 40 C.F.R. § 124.15 should be replaced with § 124.5 at the following locations: §§ 264.1030(c), 264.1050(c), 264.1080(c), and 265.1080(c);
(19) "EPA Environmental Appeals Board," a circuit court of this state;
(20) Any reference to "United States," "U.S.," "U.S. Customs Official," "U.S. national procedures," "United Nations," "U.N.," "U.N. classification number," "Organization for Economic Cooperation and Development," "OECD," "Federal Register," "Freedom of Information Act", "EPA Acknowledgment of Consent," "Environmental Protection Agency," "EPA," and any other Federal Agencies or Offices within Federal Agencies should be retained at §§ 260.2(c) and (d); 260.11(a) to (e), inclusive; 261.39(a)(5); 262.24(a)(3); 262.25; 262.80 to 262.89, inclusive; 263.20(a)(2); 263.20(a)(4)(iv); 263.20(c); 263.20(e)(2); 263.20(f)(2); 263.20(g)(4); 264.12(a); 264.7l(a)(2)(v); 264.71(a)(3); 264.71(d); 264.71(f)(4); 264.71(j); 264.1300 to 264.1316, inclusive; 265.12(a); 265.71(a)(2)(v); 265.71(a)(3); 265.71(d); 265.71(f)(4); 265.71(j); 265.1300 to 265.1316, inclusive; 267.71(a)(6); and 267.71(d);
(21) "AES filing compliance date," the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System platform;
(22) "Electronic import-export reporting compliance date," the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import-related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system; and
(23) "Recognized trader," a person domiciled in the United States, by the site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
Source: 10 SDR 106, effective April 8, 1984; 11 SDR 44, effective September 30, 1984; 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:01.01. Incorporation by reference. For purposes of this article and unless otherwise specified, 40 C.F.R. Parts 124; 144; 260 to 268, inclusive; 270; 273; and 279; all as in effect on July 1, 2022, and excluding any reserved section in these Parts, are adopted and incorporated by reference.
Source: 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:02. General standards for a hazardous waste management system. The definitions, except as specified in § 74:28:21:01, references, petitions, variances, and other procedures in 40 C.F.R. §§ 260.2(c) to 260.43, inclusive, as incorporated by § 74:28:21:01.01, constitute the general hazardous waste management system.
Source: 13 SDR 117, effective March 1, 1987; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 44, effective September 14, 1989; 17 SDR 204, effective July 10, 1991; 19 SDR 48, effective October 8, 1992; 20 SDR 56, effective October 24, 1993; 21 SDR 56, effective September 29, 1994; 22 SDR 43, effective October 2, 1995; 23 SDR 64, effective November 5, 1996; 24 SDR 11, effective August 5, 1997; 26 SDR 26, effective August 29, 1999; 27 SDR 59, effective December 12, 2000; 28 SDR 24, effective August 29, 2001; 29 SDR 21, effective August 28, 2002; 30 SDR 26, effective September 1, 2003; 31 SDR 23, effective August 29, 2004; 34 SDR 68, effective September 13, 2007; 35 SDR 88, effective October 27, 2008; 36 SDR 44, effective September 28, 2009; 38 SDR 58, effective October 18, 2011; 40 SDR 61, effective October 10, 2013; 44 SDR 43, effective September 12, 2017; 46 SDR 26, effective September 3, 2019; 50 SDR 19, effective August 28, 2023.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
74:28:21:03. Use of term RCRA § 3008. The term RCRA § 3008 as used in the documents incorporated in this article means both RCRA § 3008 and SDCL chapter 34A-11.
Source: 24 SDR 11, effective August 5, 1997.
General Authority: SDCL 34A-11-9.
Law Implemented: SDCL 34A-11-9.
Cross Reference: Definitions, § 74:28:21:01.
