Jurisdiction guide
South Dakota AST requirements: state statute, NFPA references, and federal SPCC
South Dakota directly regulates aboveground stationary storage tanks through SDCL 34A-2-100 through 102. The state framework includes important exclusions, NFPA references, and a separate federal SPCC applicability test.
- South Dakota has direct statutory AST requirements.
- The law includes important farm, residential, heating-oil, and consumptive-use exclusions.
- NFPA 30 and NFPA 30A are explicitly referenced by statute.
- New regulated tanks must be designed and built to prevent releases.
- Federal SPCC remains a separate layer.
South Dakota has direct AST statutes
South Dakota law specifically defines an above ground stationary storage tank and directs the state to maintain rules for release prevention, monitoring, reporting, corrective action, closure, financial responsibility, design, construction, installation, and tank notification.
Do not skip the statutory exclusions
The definition in SDCL 34A-2-100 contains exclusions, including certain farm or residential motor-fuel tanks used for noncommercial purposes and tanks storing heating oil or motor fuels for consumptive use on the premises. Buyers should test the actual use case against the current statute before treating a tank as regulated under this chapter.
NFPA 30 and 30A are named in the statute
SDCL 34A-2-101 directs the state's rules to be exercised in substantial conformity with NFPA 30 and NFPA 30A. The statute was updated in 2024 to reference the January 1, 2024 versions identified in the law.
New tanks still need a release-prevention design
SDCL 34A-2-102 prohibits installation of a new aboveground stationary storage tank for regulated substances unless it is designed to prevent releases from corrosion or structural failure for its operational life and uses materials compatible with the stored substance.
Federal SPCC is a separate applicability test
South Dakota's state AST framework does not replace federal SPCC. EPA's federal rule applies only when the federal facility, capacity, and discharge-potential tests are all met.
Example: municipal maintenance fleet
For a South Dakota public-works yard, list the tank capacity, stored fuel, whether dispensing is private or public, and the proposed tank and piping layout. Review the state AST statute and its exclusions with the responsible agency, then separately assess NFPA-based fire safety and federal SPCC applicability. Record the actual regulatory determination before ordering.
Questions to answer before ordering
- Does the use case fall inside the statutory definition or one of its exclusions?
- Which state agency or local designated agency receives the required tank information for this facility?
- What current administrative rules implement the monitoring, financial-responsibility, closure, and reporting provisions?
- What fire-code or local AHJ requirements apply in addition to the state environmental framework?
- Does the facility separately meet all EPA SPCC applicability tests?
Primary and official sources
- South Dakota Legislature: SDCL 34A-2-100, AST definition and exclusions
- South Dakota Legislature: SDCL 34A-2-101, AST rulemaking requirements
- South Dakota Legislature: SDCL 34A-2-102, new AST design requirement
- U.S. EPA: Does SPCC Apply to Your Facility?
Related jurisdiction resources
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