(a) The State of South Dakota is approved to administer and enforce an underground storage tank program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the South Dakota Department of Agriculture and Natural Resources (Department), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. On March 16, 1995, EPA published the notice of final determination approving the South Dakota underground storage tank base program effective May 15, 1995. A subsequent program revision application was approved by EPA and became effective on July 15, 2024.

(b) South Dakota has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) To retain program approval, South Dakota must revise its approved program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c,and,subpart. If South Dakota obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c,the.

(d) South Dakota has final approval for the following elements of its program application originally submitted to EPA and approved effective May 15, 1995, and the program revision application approved by EPA effective on July 15, 2024:

(1) State statutes and regulations—(i) Incorporation by reference. The South Dakota provisions cited in this paragraph (d)(1)(i) are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the South Dakota statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070; Phone number: 605-773-3251; email: [email protected]; website: https://sdlegislature.gov.

(A) You may inspect all approved material at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202, phone number 303-312-6633, or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, call 202-741-6030 or go to https://www.archives.gov/federal-register/cfr/ibr-locations.

(B) EPA-Approved South Dakota Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, dated June 2022.

(ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include:

(1) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 2 Water Pollution Control: Sections 98 Underground Storage Tanks—Definitions and 99 Underground Storage Tanks—Promulgation of rules—Violation.

(2) South Dakota Codified Laws (2011), Title 34A Environmental Protection, Chapter 6 Solid Waste Management: selected sections.

(3) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 10 Remedies for Protection of Environment: Sections 1 through 17.

(4) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 12 Regulated Substance Discharges: Sections 1 through 16.

(5) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 13 Petroleum Inspection and Release Compensation: Sections 1, 4, 5, and 20.

(6) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 17 Uniform Environmental Covenants Act: Sections 1 through 14.

(7) South Dakota Codified Laws (2009), Title 34A Environmental Protection, Chapter 93 Implementation of and Compliance with Certain Federal Energy Acts: Sections 1 through 8.

(8) South Dakota Codified Laws (2021), Title 1 State Affairs and Government, Chapter 50 State Emergency Response Commission: Sections 1 through 11.

(9) South Dakota Codified Laws (1969), Title 15 Civil Procedure, Chapter 6 Rules of Procedure in Circuit Courts: Section 24(a) Intervention of Right.

(B) The regulatory provisions include:

(1) Administrative Rules of South Dakota (April 19, 2021), Title 74 Department of Agriculture and Natural Resources, Article 74:56 Storage facilities—remediation: Chapter 74:56:01 Underground Storage Tanks, Section 74:56:01:56 Failure to comply.

(2) [Reserved]

(iii) Provisions not incorporated by reference. None of the identified statutes and rules applicable to the South Dakota underground storage tank program are broader in coverage than the Federal program; therefore, all provisions are incorporated by reference.

(2) Statement of legal authority. The Attorney General's Certification, signed by the Attorney General for the State of South Dakota on September 2, 2022, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the final program application on October 24, 2023, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the final program revision application on October 24, 2023, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 8 and the South Dakota Department of Agriculture and Natural Resources, signed by the EPA Regional Administrator on October 15, 2023, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.