ARSD 74:28:25:05. Definition of new and existing drip pads for certain wood preserving wastes

The requirements of 40 C.F.R. Part 264, Subpart W, as incorporated by § 74:28:21:01.01, apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, or surface water runoff to an associated collection system. For EPA hazardous waste number F032 wastes, existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before December 6, 1990. For EPA hazardous waste numbers F034 and F035 wastes, existing drip pads are those constructed before July 7, 1992, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction before July 7, 1992. All other drip pads are new drip pads. For EPA hazardous waste number F032 wastes, the requirement at 40 C.F.R. § 264.573(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system, applies only to those drip pads that are constructed after December 24, 1992, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before December 24, 1992. For EPA hazardous waste numbers F034 and F035 wastes, the requirement at 40 C.F.R. § 264.573(b)(3), as incorporated by § 74:28:21:01.01, to install a leak collection system, applies only to those drip pads that are constructed after September 29, 1994, for which the owner or operator has a design and has entered into binding financial or other agreements for construction before September 29, 1994.