SD Waste Rule Update | Hazardous Waste Generator Improvements Rule

The South Dakota Department of Environment & Natural Resources (DENR) has finalized its hazardous waste regulations in order to align the state regulations with updates to EPA’s federal hazardous waste management program. The final regulations do not include the new federal Hazardous Waste Generator Improvements Rule which went into effect on the federal level on May 2017.

Click here for more information on the EPA Hazardous Waste Generator Improvements Rule

Click here for an update on State implementation of solvent wipe rule

South Dakota’s revised hazardous waste regulations went into effect on September 12, 2017. The revised regulations incorporate federal regulations by reference, with some minor modifications. The federal regulations incorporated by reference are those amended as of July 1, 2016.

Click here for recent Caltha South Dakota project examples and regulatory updates for South Dakota.

South Dakota Finalizes Solvent Contaminated Wipe Exclusion

The South Dakota Department of Environment & Natural Resources (DENR) has finalized its hazardous waste regulations in order to align the state regulations with updates to EPA’s federal hazardous waste management program. South Dakota’s revised hazardous waste regulations went into effect on September 12, 2017. The revised regulations incorporate federal regulations by reference, with some minor modifications. The federal regulations incorporated by reference are those amended as of July 1, 2016.

The updated rule incorporates certain exclusions from the definitions of solid and/or hazardous waste are now available to hazardous waste generators. It also includes the conditional exclusions from the definitions of solid and hazardous waste for management of solvent-contaminated wipes and the hazardous waste exclusion for carbon dioxide streams in geologic sequestration activities.

The final regulations do not include the new federal Hazardous Waste Generator Improvements Rule which went into effect on the federal level on May 30 of this year.

Click here for recent Caltha South Dakota project examples and regulatory updates for South Dakota.

Leaking Tank Investigation - SPCC Plan For South Dakota Farm Operation

Caltha LLP Project Summary

Project: Tank Farm Investigation
Client: Agricultural Production Sector
Location(s): South Dakota

Key Elements: Phase 2 Investigation, leaking tank, SPCC requirements

Overview: Caltha LLP was retained by a potential investor group to conduct a Phase 2 Limited Site Investigation (LSI) at this large farm site. During a Phase 1 Environmental Site Investigation, visual evidence of past leaks and spills were identified within the tank farm. Due to recent changes to Federal Spill Prevention, Control & Countermeasure (SPCC) rules which would require above ground tanks at agricultural facilities to comply with SPCC rule, the tank farm was expected to require upgrades. The key question was what cost impact would be expected during tank farm upgrade to address existing contamination. The results of the investigation provided clarity to the potential investors on the range of cost impacts.

For more information on Caltha LLP services, go to the Caltha Contact Page

EPA Proposes Review of SIPs For SSM Requirements

The EPA is proposing to take action on a petition for rulemaking filed by the Sierra Club in 2011 concerning the treatment of excess emissions in state rules by sources during periods of startup, shutdown, or malfunction (SSM). EPA is proposing to grant in part and to deny in part the request to rescind its policy interpreting the Clean Air Act (CAA) to allow states to have appropriately drawn state implementation plan (SIP) provisions that provide affirmative defenses to monetary penalties for violations during periods of SSM. The EPA is also proposing either to grant or to deny the Petition regarding existing SIP provisions related to SSM in each of 39 states identified in the petition.

For each of those states where EPA proposes to grant the petition concerning specific provisions, EPA also is proposing to find that the existing SIP provision is substantially inadequate to meet CAA requirements and proposes a "SIP call." For those affected states EPA will require the states to submit a corrective SIP revision. Comments on the proposed actions must be received on or before March 25, 2013.

Through this rulemaking, EPA intends to clarify its interpretation of the CAA regarding excess emissions during SSM events. EPA may find specific SIP provisions to be substantially inadequate to meet CAA requirements; if a state's existing SIP provision allows an automatic exemption for excess emissions during periods of startup, shutdown, or malfunction, then the EPA may determine that the SIP provision is substantially inadequate because the provision is inconsistent with requirements of the CAA.
The affected States include:

Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
District of Columbia
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Jersey
New Mexico
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Virginia
Washington
West Virginia
Wyoming

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Changes Proposed To SDDENR Air Construction Permit & GHG Rules

The South Dakota Department of Environment and Natural Resources (DENR) is proposing revisions to administrative rules of South Dakota Chapter 74:36, Air Pollution Control Program. DENR is proposing that the Board of Minerals and Environment adopt revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 – Air Pollution Control Program to be consistent with federal rules.

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of Significant Deterioration and Title V air quality permit programs which established greenhouse gases (GHG) as a regulated air pollutant and a greenhouse gas air emission threshold for when a business is required to obtain a permit. The proposed revisions to ARSD Article 74:36 will be to adopt the federal greenhouse gas tailoring regulations. The proposed revisions to ARSD Article 74:36 will also allow certain businesses to start construction before a construction permit is issued.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

Underground Storage Tank UST - New Rules For South Dakota

The South Dakota Department of Environmental and Natural Resources has revised its requirements for Underground Storage Tanks (UST), and associated piping and dispensing equipment.

Effective January 1, 2009, if the system is located within 1,000 feet of a community water supply or any potable water well (including private household wells), new USTs or replacement of existing USTs must include SECONDARY CONTAINMENT and LEAK DETECTION measures. These control requirements also apply to new piping systems installed after January 1, 2009.

Any new dispensing equipment, or replacement of existing equipment, if located within 1,000 of a potable water supply, must have a UNDER DISPENSER SUMP. The sump needs to control any releases from the area around the dispensing equipment and prevent releases to the environment.

Finally, ALL owners and operators of UST systems, regardless of proximity to potable water supplies, must go through a training program on proper UST operation. Training must be completed by August 8, 2012.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Proposed Revision to South Dakota (DENR) Water Quality Standards

The South Dakota Department of Environment & Natural Resources (DENR) has proposed revisions to the State water quality standards.

Link to proposed SDDENR water standards

Many of the revisions being propsed relate to the application of dissolved oxygen (DO) standards to lakes and rivers.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website