South Dakota Underground Storage Tanks regulations & environmental compliance analysis

South Dakota Underground Storage Tanks: What you need to know

Governing Law and Regulations

Underground storage tanks (USTs): South Dakota Codified Laws (SDCL) 34A-2-98 to 34A-2-101 and regulations at Administrative Rules of South Dakota (ARSD) 74:56:01:01 to 74:56:01:56

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Notification:

Installation: ARSD 74:56:01:11

Closure: ARSD 74:56:01:54

Leak detection: ARSD 74:56:01:24 to 74:56:01:37

Secondary containment: ARSD 74:56:01:05, ARSD 74:56:01:06, ARSD 74:56:01:10.01, and ARSD 74:56:01:10.02

Delivery prohibition: ARSD 74:56:01:56

Operator training: ARSD 74:56:01:38.01

Certification: ARSD 74:56:01:12

Recordkeeping: ARSD 74:56:01:16, ARSD 74:56:01:22, ARSD 74:56:01:23, ARSD 74:56:01:38, and ARSD 74:56:01:55

Releases: ARSD 74:56:01:40 and ARSD 74:56:01:41

Cleanup Fund: ARSD 74:32:01 to 74:32:06

Regulatory Agencies

South Dakota Department of Environment and Natural Resources (DENR) Groundwater Quality Program Storage Tank Section

U.S. Environmental Protection Agency (EPA) Region 8

Local fire departments

Comparison: State vs. Federal

· Rules. EPA approved South Dakota’s UST program on May 15, 1995. State rules follow federal rules and require notice to DENR for new installation, transfer of tank ownership, and permanent closure. South Dakota adopts the federal UST regulations regarding secondary containment, delivery prohibition, and operator training under the federal UST Compliance Act (USTCA) as part of the Energy Policy Act of 2005. A “red tag” is placed on the fill pipe of any UST that is ineligible to receive a delivery of regulated product. South Dakota has adopted the federal financial responsibility rules for USTs containing petroleum.

· Administration and enforcement. DENR administers and enforces the UST rules in South Dakota. UST owners or operators should also contact local fire, ...


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