S.D. Admin. R. 74:56:03:01

Current through Register Vol. 51, page 71, January 6, 2025

Section 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.

S.D. Admin. R. 74:56:03:01

14 SDR 76, effective 11/29/1987; 18 SDR 62, effective 10/10/1991; transferred from

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

Law Implemented: SDCL 34A-2-100, 34A-2-101.