S.D. Admin. R. 74:28:21:01

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:28:21:01 - Definitions

Terms used in the federal rules incorporated by reference in § 74:28:21:01.01 have the following meanings:

(1) "Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:

(a)40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";

(b) 40 C.F.R. Part 261, Appendix IX;

(c)40 C.F.R. §§ 264.12(a) and 265.12(a);

(d)40 C.F.R. § 268.40(b);

(e)40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";

(f)40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2), (3), and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;

(2) "Director," the secretary of the Department of Agriculture and Natural Resources or a designee;

(3) "EPA," the state Department of Agriculture and Natural Resources, except for:

(a) Any references to "EPA identification numbers," "EPA forms," "EPA hazardous waste numbers," "EPA test methods," "EPA publications," "EPA manuals," "EPA guidance," or "EPA Acknowledgment of Consent";

(b) Any reference to EPA in the following regulations:

(i)40 C.F.R. § 260.10, the definitions of "administrator," "electronic manifest," "electronic manifest system," "EPA region," "Regional Administrator," and "user of the electronic manifest system";

(ii) 40 C.F.R. Part 261, Appendix IX;

(iii)40 C.F.R. §§ 262.21; and 262.32(b);

(iv)40 C.F.R. §§ 264.11 and 265.11;

(v)40 C.F.R. § 268.1(e)(3), 268.2(j) and 268.40(f);

(vi)40 C.F.R. §§ 270.1(a)(1); 270.1(b); 270.3; 270.5; 270.10(e)(2); 270.11(a)(3); 270.32(a) and (c); 270.51; 270.72(a)(5); and 270.72(b)(5);

(vii)40 C.F.R. § 270.2, the definitions of "administrator," "approved program or approved state," "director," "Environmental Protection Agency," "EPA," "final authorization," "permit," "Regional Administrator," and "state/EPA agreement";

(viii)40 C.F.R. § 273.32(a)(3);

(ix) The second reference to EPA at 40 C.F.R. §§ 264.1082(c)(4)(ii) and 265.1083(c)(4)(ii);

(x)40 C.F.R. § 260.11(a);

(xi)40 C.F.R. § 261.41;

(xii)40 C.F.R. §§ 260.4; 260.5; 264.71(a)(2)(v); 265.71(a)(2)(v); 264.71(j); and 265.71(j);

(4) "EPA hazardous waste number," the number assigned by the secretary to each hazardous waste;

(5) "EPA identification number," the number assigned by the secretary to each generator, transporter, and treatment, storage, or disposal facility;

(6) "Existing hazardous waste management facility" or "existing facility," a facility that was in operation or for which construction commenced on or before November 19, 1980, for HSWA facilities, or before April 8, 1984, for non-HSWA facilities;

(7) "Existing tank system" or "existing component," a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation or for which installation commenced on or before July 14, 1986, for HSWA tanks, as defined in subdivision (9) of this section, or June 7, 1989, for non-HSWA tanks, as defined in subdivision (12) of this section;

(8) "Federal Register," a newspaper of general circulation in the state of South Dakota, except at:

(a)40 C.F.R. § 260.11(a);

(b)40 C.F.R. § 270.6(a);

(c)40 C.F.R. § 270.10(e)(2);

(9) "HSWA tank," a tank owned or operated by a small quantity generator, a new underground tank, or a tank which cannot be entered for inspection;

(10) "New hazardous waste management facility" or "new facility," a facility that began operation, or for which construction commenced, after November 19, 1980, for HSWA facilities, and April 8, 1984, for non-HSWA facilities;

(11) "New tank system" or "new tank component," a tank system or component that will be used for the storage or treatment of hazardous waste for which installation commenced after July 14, 1986, for HSWA tanks, as defined in subdivision (9) of this section, and June 7, 1989, for non-HSWA tanks, as defined in subdivision (12) of this section or, for the purposes of 40 C.F.R. § 264.193(g)(2) and 40 C.F.R. § 265.193(g)(2), for which construction commenced after July 14, 1986, for HSWA tanks and June 7, 1989, for non-HSWA tanks;

(12) "Non-HSWA tank," a tank which is not owned or operated by a small quantity generator and is either an existing underground tank or a tank that can be entered for inspection;

(13) "Region," the state of South Dakota, at these two sections:

(a)40 C.F.R. § 261.4(e)(3)(iii);

(b)40 C.F.R. § 262.42(a)(2) and (b);

(14) "Resource Conservation and Recovery Act," "RCRA," or any references to any sections of RCRA, SDCL chapter 34A-11, the South Dakota Hazardous Waste Management Act, except at:

(a)40 C.F.R. § 260.10, the definition of "Act" or "RCRA";

(b) 40 C.F.R. Part 261, Appendix IX;

(c)40 C.F.R. §§ 270.1(a)(2) and 270.51;

(d)40 C.F.R. § 270.2, the definition of "RCRA";

(e)40 C.F.R. §§ 264.4 and 265.4;

(f)40 C.F.R. § 260.5;

(15) "Regional Administrator," the secretary of the Department of Agriculture and Natural Resources or a designee, except at:

(a)40 C.F.R. § 260.10, the definitions of "administrator," "Regional Administrator," and "hazardous waste constituent";

(b) 40 C.F.R. Part 261, Appendix IX;

(c)40 C.F.R. § 263.11;

(d)40 C.F.R. §§ 264.12(a) and 265.12(a);

(e)40 C.F.R. § 270.2, the definitions of "administrator," "director," "major facility," "Regional Administrator," and "state/EPA agreement";

(f)40 C.F.R. §§ 270.3; 270.5; 270.10(e)(2) and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); and 270.51;

(16) "Secretary," the secretary of the Department of Agriculture and Natural Resources or a designee;

(17) "State," the state of South Dakota, except at:

(a)40 C.F.R. § 260.10, the definitions of "person," "state," and "United States";

(b)40 C.F.R. §§ 264.143(e)(1); 265.143(d)(1); 264.145(e)(1); 265.145(d)(1); 264.147(a)(1)(ii), (b)(1)(ii), (g)(2), and (i)(4); and 265.147(a)(1)(ii), (b)(1)(ii), (g)(2) and (i)(4); and

(c)40 C.F.R. § 270.2, the definitions of "approved program or approved State," "director," "final authorization," "interim authorization," "person," and "state";

(18) Any reference to 40 C.F.R. § 124.15 should be replaced with § 124.5 at the following locations: §§ 264.1030(c), 264.1050(c), 264.1080(c), and 265.1080(c);

(19) "EPA Environmental Appeals Board," the South Dakota State Circuit Court;

(20) Any reference to "United States," "U.S.," "U.S. Customs Official," "U.S. national procedures," "United Nations," "U.N.," "U.N. classification number," "Organization for Economic Cooperation and Development," "OECD," "Federal Register," "Freedom of Information Act", "EPA Acknowledgment of Consent," "Environmental Protection Agency," "EPA," and any other Federal Agencies or Offices within Federal Agencies should be retained at §§ 260.2(c) and (d); 260.11(a) to (e), inclusive; 261.39(a)(5); 262.24(a)(3); 262.25; 262.80 to 262.89, inclusive; 263.20(a)(2); 263.20(a)(4)(iv); 263.20(c); 263.20(e)(2); 263.20(f)(2); 263.20(g)(4); 264.12(a); 264.7l(a)(2)(v); 264.71(a)(3); 264.71(d); 264.71(f)(4); 264.71(j); 264.1300 to 264.1316, inclusive; 265.12(a); 265.71(a)(2)(v); 265.71(a)(3); 265.71(d); 265.71(f)(4); 265.71(j); 265.1300 to 265.1316, inclusive; 267.71(a)(6); and 267.71(d);

(21) "AES Filing Compliance Date," the date that EPA announces in the Federal Register, on or after which exporters of hazardous waste and exporters of cathode ray tubes for recycling are required to file EPA information in the Automated Export System or its successor system, under the International Trade Data System (ITDS) platform;

(22) "Electronic Import-Export Reporting Compliance Date," the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system;

(23) "Recognized Trader," a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

S.D. Admin. R. 74:28:21:01

10 SDR 106, effective 4/8/1984; 11 SDR 44, effective 9/30/1984; 13 SDR 117, effective 3/1/1987; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 14 SDR 72, effective 11/24/1987; 17 SDR 204, effective 7/10/1991; 19 SDR 48, effective 10/8/1992; 20 SDR 56, effective 10/24/1993; 24 SDR 11, effective 8/5/1997; 26 SDR 26, effective 8/29/1999; 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.