South Dakota Spill Prevention (SPCC Plan) regulations & environmental compliance analysis

South Dakota Spill Prevention (SPCC Plan): What you need to know

Governing Law and Regulations

Clean Water Act (CWA): 33 USC 1251 to 1387

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Federal oil pollution prevention regulations (Spill, Prevention, Control, and Countermeasure [SPCC] Plans): 40 CFR 112

Aboveground storage tanks (ASTs): Administrative Rules of South Dakota (ARSD) 74:56:03:11 and ARSD 74:56:03:12

Underground storage tanks (USTs): ARSD 74:56:01:13

Regulatory Agencies

U.S. Environmental Protection Agency (EPA) Region 8 South Dakota Department of Environment and Natural Resources (DENR)

Comparison: State vs. Federal

· Rules. South Dakota does not have a counterpart to the federal SPCC Plan rules. However, the state has established spill prevention requirements for ASTs and USTs. For more information regarding the regulation of these tanks, see the state sections ABOVEGROUND STORAGE TANKS and UNDERGROUND STORAGE TANKS.

· Administration and enforcement. EPA administers and enforces the SPCC program in South Dakota. DENR enforces the spill prevention requirements for ASTs and USTs.

State Requirements


ARSD 74:56:03:11 and ARSD 74:56:03:12

Owners and operators of new AST systems and certain existing AST systems must comply with specific secondary containment requirements. New systems. For new AST systems, secondary containment must be installed under and around any new system. The secondary containment system may consist of a combination of double-walled tanks and bottoms, dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks, or other equipment capable of containing the regulated substance stored. Owners and operators must submit plans and specifications for secondary containment systems to DENR at least 30 days before construction of the system.

Secondary containment around and under the ...

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