Hazardous Material Transportation
South Dakota has adopted the Federal Regulations on transportation of hazardous materials—Title 49 of the Code of Federal Regulations (CFR), subtitle B, chapter I, subchapter A, part 107 (subparts F and G only), and subchapter C, parts 171-180, inclusive. Any violation of the regulations found in parts 171, 172, and 178 through 180 is a Class 2 misdemeanor punishable by a $500 fine, 30 days in jail, or both. These parts pertain to:
- general information, regulations, and definitions;
- hazardous materials tables;
- hazardous materials communication regulations; and
- test and inspection marking requirements
Any violation of the hazardous materials regulations found in parts 173 to 180 inclusive or the driving and parking rules in part 397, is a Class 1 misdemeanor punishable by a $1,000 fine, one year in jail, or both. These parts pertain to:
- prohibited shipments;
- loading and unloading;
- segregation and separation; and
- testing and inspection of cargo tanks.
Whenever a reportable incident involving hazardous materials occurs, the carrier transporting the hazardous material or the first law enforcement officer to arrive at the scene of the incident must notify the South Dakota Division of Emergency Management at (605) 773-3231.
Hazardous Waste Transportation
The South Dakota Department of Agriculture and Natural Resources (DANR) is authorized to operate its hazardous waste program by SDCL §34A-11. The State hazardous waste rules can be found in ARSD §74:28, which adopts the federal regulations of Title 40 CFR part 263 to address requirements for hazardous waste transporters. The Environmental Protection Agency (EPA) has given DANR the authority to operate the State’s hazardous waste program in lieu of the Environmental Protection Agency. Information regarding South Dakota’s requirements governing the transportation of hazardous waste may be obtained from the DANR in Pierre at (605) 773-3153 and in Rapid City at (605) 394-2229.
South Dakota does not require a Special Permit to transport hazardous material or hazardous waste. However, trucking companies based in South Dakota must submit a hazardous waste notification form. The form can be found at https://danr.sd.gov/Environment/WasteManagement/HazardousWaste/Notification.aspx.
Federal Hazardous Materials Safety Permits
Intrastate, interstate, and foreign motor carriers transporting certain types and amounts of hazardous materials must maintain a certain level of safety in their operations and certify that they have programs in place as required by the Hazardous Materials Regulations and Hazardous Materials Safety Permit regulations.
First-time applicants must register via the Unified Registration System at https://www.fmcsa.dot.gov/registration. The online URS system leads applicants through the requirements based upon their responses to questions about the hazardous materials they plan to transport. If the hazardous materials require an HMSP, the system identifies needed information and operational requirements. Updates to HMSPs can be made via FMCSA’s legacy system https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option
All new HMSP registrations and updates to existing HMSPs must be made online via the Unified Registration System. Links and instructions can be found at https://www.fmcsa.dot.gov/registration.
For additional assistance, call FMCSA at 1-800-832-5660.
Certain transporters of hazardous materials and hazardous waste, such as radioactive materials, explosives, materials toxic by inhalation, and other hazardous materials hauled in quantities exceeding 3500 gallons or 5000 pounds must file an annual registration statement with the U.S. Department of Transportation and pay a fee. This program began in 1992 and is administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA). The fee helps fund state and tribal hazardous materials emergency response planning and training. Carriers can determine whether this requirement applies to them and, if so, register online at: https://www.phmsa.dot.gov/registration/registration-overviewerview.