ECAR
Fact Sheet for South Dakota
Hazardous Wastes
The
intent of the hazardous waste program is to provide a cradle-to-grave
management system for hazardous wastes to ensure that these wastes
are not mismanaged in a way that will impact human health or the
environment.
South
Dakota has adopted the federal hazardous waste regulations by reference.
This means that South Dakota's rules cite the federal regulations
and are no more stringent than the federal Environment Protection
Agency’s (EPA) hazardous waste regulations.
To
comply with South Dakota’s hazardous waste requirements, you must
follow the steps below:
- Determine
whether any hazardous waste is generated.
- Determine
your facility’s generator status.
- Determine
which regulations must be complied with depending upon your facility’s
generator status, and comply with those requirements.
Regulations
Definition
of Solid Waste. In order for a waste to be considered a hazardous
waste, it must first meet the definition of solid waste. The term
“solid waste” can be somewhat misleading. The word “solid” does
not refer to the physical state of the waste. Solid waste can be
a solid, liquid, or contained gas. Under the hazardous waste rules,
a solid waste is any material that will no longer be used for its
original intended purpose, or a material that must be reclaimed
before reuse. You will need to look at each of the waste streams
generated (e.g., antifreeze, used oil, solvents, etc.) and determine
whether it is a solid waste. Note that not all solid wastes are
considered hazardous wastes. Certain solid wastes, such as used
oil destined for recycling, are excluded from the hazardous waste
rules.
Hazardous
Waste Determination. It is the responsibility of all solid
waste generators to determine whether their waste is hazardous.
The procedure for this is called a “hazardous waste determination.”
You may assume a waste is hazardous based on its characteristics
or on past laboratory analysis provided there is no change in how
the waste was generated. In some cases, you may use your knowledge
of a waste to make a determination as to whether the waste is a
characteristic hazardous waste. If you use such information to classify
a waste as nonhazardous, you must maintain documentation supporting
this determination. If you are not sure, have the waste tested.
Keep in mind that a non-hazardous waste may become hazardous if
contaminated or mixed with other materials and re-testing would
be needed.
Wastes
can be hazardous if they are either “listed” or “characteristic”,
or if they are a mixture of a listed hazardous waste and other wastes.
A.
Listed wastes. Waste is considered hazardous if it is found
on any one of four “lists”. These “lists” are called the “F”, “K”,
“P” and “U” lists.
B.
Characteristic wastes. Once a facility has reviewed the F, K,
P and U lists, and determined whether generated wastes are found
on any of the lists, a determination will need to be made to see
if these wastes are “characteristic” hazardous wastes. There are
four different characteristics: ignitability, corrosivity, reactivity,
and toxicity.
- IGNITABLE
- combustible under certain conditions
- CORROSIVE
- highly acidic, basic and/or capable of corroding metal
- REACTIVE
- unstable under normal conditions and capable of creating explosions
and/or toxic fumes, gases, and vapors when mixed with water
- TOXICITY
- wastes contain dangerous amounts of metals, pesticides,
herbicides, and organic chemicals that could be released to the
groundwater.
C.
Mixtures of listed wastes and other wastes. A mixture
containing a non-hazardous solid waste and any amount of a listed
hazardous waste is considered a hazardous waste. For example, if
a pint of spent solvent such a toluene or benzene (an F005 listed
hazardous waste) is mixed with a 55 gallon drum of waste antifreeze,
the entire mixture (e.g., 55 gallons plus one pint) is considered
a hazardous waste (as opposed to only one pint being a hazardous
waste had the two wastes not been mixed). Hence, it is very important
to keep wastes segregated. Not only is it better for the environment,
but it will reduce disposal costs (it’s more expensive to dispose
of hazardous waste than it is solid waste).
D.
Universal Wastes. Universal wastes have fewer waste management
rules that apply to them. For more information about the generation,
storage, transportation, disposal and recycling of universal wastes,
refer to the state’s universal waste requirements.
Generator
Status. If you manage hazardous waste, you must determine
your generator status. Your facility will fall under one of these
three classifications.
- Conditionally
Exempt Small Quantity Generator (CESQG). You are considered
a CESQG in a calendar month if you generate no more than 100 kilograms
(220 pounds) of hazardous waste per month.
- Small
Quantity Generator (SQG). You are considered an SQG if you
generate greater than 100 kilograms (220 pounds) but less than
1,000 kilograms (2,200 pounds) of hazardous waste in a calendar
month.
- Large
Quantity Generator (LQG). You are considered an LQG if you
generate 1,000 kilograms (2,200 pounds) or more of hazardous waste
in a calendar month. You also are considered an LQG if you generate
during a calendar month, or accumulate at any time, more than
one kilogram of acutely hazardous waste, or more than a total
of 100 kilograms (220 pounds) of any residue, contaminated soil,
waste, or debris from cleaning up a spill of any acutely hazardous
waste onto land or into water.
Complying
with Hazardous Waste Rules. Once you have determined whether
you generate hazardous waste and your generator status, you can
determine which requirements apply to you.
Links
to the Regulations. Use the following links to view the regulations
pertaining to hazardous waste management.
South
Dakota's Hazardous Waste Management Act
South
Dakota’s Hazardous Waste Management Rules
Federal
EPA Standards Applicable to Generators of Hazardous Waste
Contacts
- For
more information, contact the South Dakota Department of Environment
and Natural Resources (DENR), Waste Management Program at 605-773-3153.
- To
report a spill or leak, call the DENR at 605-773-3296. To report
the release after hours, on weekends or holidays, call State Radio
Communications at 605-773-3231. DENR recommends that spills also
be reported to the National Response Center at 800-424-8802. You
can get more information from the DENR
Spill Response Website.
- To
report an environmental incident or complaint, contact the nearest
regional office.
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