Statutes, codes, and regulations
South Dakota Administrative Rules
Title 74 - Department of Environment And Natural ResourcesArticle 74:28 - Hazardous waste
Chapter 74:28:28 - Interim status standards for facilities
Section 74:28:28:05 - Definition of new and existing drip pads for certain wood preserving wastes

S.D. Admin. R. 74:28:28:05

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Current through Register Vol. 51, page 67, December 16, 2024
Section 74:28:28:05 - Definition of new and existing drip pads for certain wood preserving wastes

The requirements of 40 C.F.R. Part 265, Subpart W apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water runoff to an associated collection system.

For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into before July 7, 1992, binding financial or other agreements for construction. All other drip pads are new drip pads.

For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into before December 24, 1992, binding financial agreements for construction. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 265.443(b)(3) to install a leak collection system applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into before September 29, 1994, binding financial or other agreements for construction.

S.D. Admin. R. 74:28:28:05

24 SDR 11, effective 8/5/1997; 26 SDR 26, effective 8/29/1999; 27 SDR 59, effective 12/12/2000; 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, 34A-11-10, 34A-11-12, 34A-11-16.