CHAPTER 74:28:28

INTERIM STATUS STANDARDS FOR FACILITIES

Section

74:28:28:01        Interim status standards for treatment, storage, and disposal facilities.

74:28:28:02        Underground placement of waste prohibited.

74:28:28:03        Assessment of existing tank system's integrity.

74:28:28:04        Containment and detection of releases from tanks.

74:28:28:05        Definition of new and existing drip pads for certain wood preserving wastes.

    74:28:28:01.  Interim status standards for treatment, storage, and disposal facilities. The interim status standards for hazardous waste treatment, storage, and disposal facilities are set forth in 40 C.F.R. § 144.1(h); 40 C.F.R. §§ 265.1 to 265.1316, inclusive, except 40 C.F.R. §§ 265.1(c)(4), 265.1(c)(15), 265.18, 265.149, 265.150, 265.191(a) and (c), 265.440(a), 265.1030(c), 265.1050(f), and 265.1080(e), (f), and (g); and 40 C.F.R. Part 265, Appendices I, III, IV, V, and VI, all as incorporated by § 74:28:21:01.01.

    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, 34A-11-10, 34A-11-12, 34A-11-16.

    Cross-Reference: Exposure information from landfills and surface impoundments, § 74:28:34:01.

          74:28:28:02.  Underground placement of waste prohibited. The placement of any hazardous waste in an interim status facility that is also a salt dome, salt bed formation, underground mine or cave is prohibited.

          Source: 19 SDR 48, effective October 8, 1992.

          General Authority: SDCL 34A-11-9.

          Law Implemented: SDCL 34A-11-12, 34A-11-13, 34A-11-14.

    74:28:28:03.  Assessment of existing tank system's integrity. For each tank system that does not have secondary containment meeting the requirements of 40 C.F.R. § 265.193, as incorporated by § 74:28:21:01.01, the owner or operator must determine that the tank system is not leaking or is unfit for use.

    The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, registered professional engineer licensed to do business in this state under 40 C.F.R. § 270.11(d), as incorporated by § 74:28:21:01.01, that attests to the tank system's integrity by January 12, 1988, for HSWA tanks, and by September 14, 1990, for non-HSWA tanks.

    The owner or operator of a tank system that stores or treats material that becomes hazardous waste subsequent to July 14, 1986, for HSWA tanks, and subsequent to June 7, 1989, for non-HSWA tanks, must conduct this assessment within twelve months after the date that the waste becomes a hazardous waste.

    Source: 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, 34-11-10, 34A-11-12, 34A-11-16.

    74:28:28:04.  Containment and detection of releases from tanks. To prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this chapter must be provided, except as provided in 40 C.F.R. § 265.193(f) and (g), as incorporated by § 74:28:21:01.01, as follows:

    (1)  For any new tank system or component, before the tank system or component is put into service;

    (2)  For any existing tank system used to store or treat EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks;

    (3)  For any existing tank system of known or documented age, within two years after January 12, 1987, for HSWA tanks, and within two years after September 14, 1989, for non-HSWA tanks, or when the tank system has reached fifteen years of age, whichever comes later;

    (4)  For any existing tank system for which the age cannot be documented, within eight years after January 12, 1987, for HSWA tanks, and within eight years after September 14, 1989, for non-HSWA tanks; but if the age of the facility is older than seven years, secondary containment must be provided by the time the facility reaches fifteen years of age or within two years after January 12, 1987, for HSWA tanks, or within two years after September 14, 1989, for non-HSWA tanks, whichever comes later; and

    (5)  For any tank system that stores or treats material that becomes hazardous waste subsequent to January 12, 1987, for HSWA tanks, and subsequent to September 14, 1989, for non-HSWA tanks, within the time interval required in subdivisions (1) to (4), inclusive, of this section, except that the date that a material becomes hazardous waste must be used in place of January 12, 1987, for HSWA tanks, and September 14, 1989, for non-HSWA tanks.

    Source: 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, 34A-11-10, 34A-11-12, 34A-11-16.

    74:28:28:05.  Definition of new and existing drip pads for certain wood preserving wastes. The requirements of 40 C.F.R. Part 265, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water runoff to an associated collection system.

    For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before July 7, 1992. All other drip pads are new drip pads.

    For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 265.443(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into binding financial agreements for construction before December 24, 1992. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before September 29, 1994.

    Source: 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, 34A-11-10, 34A-11-12, 34A-11-16.