Owners or operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the system.

1. (1) Demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the UST system by using one of the following options:

   1. (a) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or
   2. (b) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or

2. (2) Use another option determined by the department to be no less protective of human health and the environment than the options listed in subdivision (1) of this section:

   1. (a) Owners and operators must maintain records in accordance with § 74:56:01:23 documenting compliance with (1) of this section for as long as the UST system is used to store the regulated substance.

      1. (A) American Petroleum Institute Publication Recommended Practice 1626, ""Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Filling Stations"; and (B) American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations."]."

      Note: The following code of practice may be useful in complying with this section:

Owners and operators must notify the department and any designated local notification agency at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, or greater than 20 percent biodieseL or any other regulated substance identified by the department. In addition, owners and operators with UST systems storing these regulated substances must meet one of the following:

Source: 14 SDR 76, effective November 29, 1987; 18 SDR 62, effective October 10, 1991; transferred from § 74:03:28:07, July 1, 1996; 44 SDR 192, effective June 28, 2018.

General Authority: SDCL 34A-2-93 , 34A-2-99.

Law Implemented: SDCL 34A-2-98 , 34A-2-99.

Prior versions effective: 1996-07-01.