S.D. Admin. R. 74:28:28:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 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 follows:

(1) For all new tank systems or components, before they are put into service;

(2) For all existing tank systems 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 two years after September 14, 1989, for non-HSWA tanks;

(3) For those existing tank systems of known or documented age, within two years after January 12, 1987, for HSWA tanks and two years after September 14, 1989, for non-HSWA tanks or when the tank system has reached 15 years of age, whichever comes later;

(4) For those existing tank systems 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 greater than seven years, secondary containment must be provided by the time the facility reaches 15 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 tank systems that store or treat materials that become hazardous waste subsequent to January 12, 1987, for HSWA tanks and 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.

S.D. Admin. R. 74:28:28:04

24 SDR 11, effective 8/5/1997; 26 SDR 26, effective 8/29/1999; 27 SDR 59, effective 12/12/2000; 28 SDR 24, effective 8/29/2001; 29 SDR 21, effective 8/28/2002; 30 SDR 26, effective 9/1/2003; 31 SDR 23, effective 8/29/2004; 34 SDR 68, effective 9/13/2007; 35 SDR 88, effective 10/27/2008; 36 SDR 44, effective 9/28/2009; 38 SDR 58, effective 10/18/2011; 40 SDR 61, effective 10/10/2013; 44 SDR 43, effective 9/12/2017; 46 SDR 026, effective 9/3/2019; 50 SDR 019, effective 8/28/2023

General Authority: SDCL 34A-11-9.

Law Implemented: SDCL 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-16.