S.D. Admin. R. 74:56:03:28

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

Section 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.

S.D. Admin. R. 74:56:03:28

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.