Medical waste - South Dakota

The EPA has not had regulatory authority over medical waste since the Medical Waste Tracking Act of 1988 expired in 1991. Most states have since developed their own programs, resulting in significant differences for each state. A summary of this state’s requirements includes the following.

The South Dakota Department of Agriculture & Natural Resources regulates medical/infectious waste (74 ARSD 27). The state adopts the federal definition for medical/infectious waste (40 CFR 60.51c). The regulations cover:

• 74:27:13:17(5) Special waste handling requirements, and
• 74:27:14:04 Incineration facility requirements.

The standards of performance for medical/infectious waste incinerators are based on date of construction:

• If built before June 20, 1996, the incinerator must comply with the federal standards at 40 CFR 60 Subpart Ce (specifically, Sections 60.32e to 60.38e).
• If built after June 20, 1996, the incinerator must comply with the federal standards at 40 CFR Part 60 Subpart Ec.

The general solid waste regulations (74 ARSD 27) cover:

• 74:27:08 Solid waste permit procedures,
• 74:27:09 Solid waste permit applications,
• 74:27:10 General permits,
• 74:27:11 Location standards,
• 74:27:12 Facility design and construction,
• 74:27:13 Facility operation,
• 74:27:14 Solid waste incinerators,
• 74:27:15 Closure and post-closure,
• 74:27:16 Financial assurance, and
• 74:27:17 Collection, transportation, storage, and processing.

Related information

• Medical waste RegSense

Citations

• Federal regulation 40 CFR Part 261
• Federal regulation 40 CFR Part 262
• Federal regulation 29 CFR 1910.1030
• Federal Regulation 49 CFR Subchapter C
• Administrative Rules of South Dakota Article 74:27