South Dakota Hazardous Waste Rules and Air Pollution Control Program Rules Updated



The South Dakota Department of Environment and Natural Resources (DENR) is in the process of making updates to the state's hazardous waste rules, found in the Administrative Rules of South Dakota (ARSD) Article 74:28. The DENR published a draft version of the updated hazardous waste rules, which can be found online, here. The rule change will update the state's rules to incorporate, by reference, federal regulations from July 1, 2012 through June 30, 2016.

The updates to the rules establish procedures for identifying and managing certain hazardous secondary materials for recycling, create management standards for solvent-contaminated wipes, develop a framework for the use of electronic manifests, revise the requirements involving imports and exports of hazardous wastes, and address typographical errors made in the federal regulations. Any updates to the federal rules that have occurred since July 1, 2016, such as the Hazardous Waste Generator Improvements Rule published in the Federal Register on November 28, 2016, are not being incorporated at this time.

The DENR also published a draft version of revisions to the state's air quality rules, found in ARSD Article 74:36. A draft of the proposed revisions can be found online, here. The proposed amendments incorporate, by reference, updated regulations through June 30, 2016 and clarify the language addressing when air quality modeling is required.

The updates will remove language referencing air dispersion modeling from Chapter 74:36:04 and 74:36:05, "Operating Permits for Minor Sources" and "Operating Permits for Part 70 Sources," respectively. This change is being proposed because both of these chapters initially covered both construction and operation permit programs. Now, construction permits are only addressed in Chapter 74:36:20, "Construction Permits for New Sources or Modifications." DENR has used several methods and data (e.g. ambient monitoring data, emission inventories, air dispersion modeling, or a combination of these data in a comparative analysis) to determine whether a project would cause or contribute to an exceedance of a National Ambient Air Quality Standard (NAAQS). The proposed modification to the language of Chapter 74:36:20 clarifies DENR's interpretation that air dispersion modeling is an option to determine whether a new construction project will lead to an exceedance of the NAAQS, but not a requirement.

The DENR will accept comments on both the revised hazardous waste rules and air quality rules until July 19, 2017. Comments can be submitted online for the ARSD 74:28 and ARSD 74:36 revisions, or by mail. Comments on the revised hazardous waste rules can be sent to the South Dakota Department of Environment and Natural Resources, Waste Management Program, Joe Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501-3182. Comments on the revised air quality rules can be sent to the South Dakota Department of Environment and Natural Resources, Air Quality Program, Joe Foss Building, 523 East Capitol Avenue, Pierre, South Dakota 57501-3182. Public hearings to address any comments on these two updated rules will be held on July 20, 2017 via the Digital Dakota Network (DDN).

If you have any questions on how these items may affect your facility, please contact Alex Odom at (651) 275-9900 X-7.