Barrow Logo Barrow EP Handbook

South Dakota

SARA Title III Program

Agency South Dakota Department of Agriculture and Natural Resources

The SARA Title III Program of the Department of Agriculture and Natural Resources (DANR), one of the programs on its Inspection, Compliance, and Remediation Program page, covers South Dakota's chemical inventory reporting. Title III of the federal Superfund Amendments and Reauthorization Act of 1986 goes by another name, the Emergency Planning and Community Right-to-Know Act (EPCRA). DANR describes it as giving the public a right to know which chemicals are kept in their communities, and as requiring state and local governments to set up local emergency planning committees.

In a Phase I ESA

ASTM E1527-21 does not name Tier II reports among its standard record sources, so no search distance attaches to them under the standard. A Tier II record is a record of storage, not of a release.

  • It shows what was kept on site. DANR's Tier II page says the form gives state and local officials and the public specific information on possible hazards, including where hazardous chemicals were at the facility during the past calendar year and how much there was. It says nothing about whether any chemical reached soil or groundwater.
  • Only facilities above the thresholds file. DANR's permitting guide says Tier II and Section 311 reports are needed when OSHA hazardous substances on site go over 10,000 pounds at any one time, or when an extremely hazardous substance reaches 500 pounds or its threshold planning quantity, whichever is less. For retail gas stations with fuel stored underground, the guide gives thresholds of 75,000 gallons of gasoline and 100,000 gallons of diesel. A facility with no Tier II record may still have stored chemicals below those amounts.
  • The dates. The guide says Tier II and Section 311 reports are due each year by March 1, a Section 311 report is due within 90 days after new storage begins, and a Section 302/303 report is due within 60 days after reportable storage of an extremely hazardous substance begins. DANR's FAQ adds that a facility holding more than the threshold planning quantity of an extremely hazardous substance must tell the state, the local planning committee and the fire department with jurisdiction, and name a facility coordinator.
  • Release reports are a separate duty. DANR's FAQ says Title III also requires reporting a release of a substance above its federal reportable quantity within any 24-hour period, and sends readers to the state's spill reporting procedures. See Spills Reporting.

DANR's pages also cover the Toxics Release Inventory, which the guide says is due by July 1 each year from facilities that meet its employee, industry and chemical thresholds. The federal record is described on the Toxics Release Inventory page.

DANR's SARA Title III pages cite 42 U.S.C. chapter 116 and 40 CFR part 355; its permitting guide gives the federal regulations as 40 CFR 300-355. The related state statute is SDCL chapter 1-50.

Where to look a site up

Getting the file

DANR's page footer links Request Public Records, an address on the state's sd.gov portal that this handbook did not open. The pages read do not say how the public may see a filed Tier II report or what a request must include.

Sources

South Dakota Department of Agriculture and Natural Resources pages, read October 13, 2026:

Maintained by Barrow. General reference only, not legal or professional advice. Barrow is not affiliated with any government agency, and neither Barrow nor the information as presented here is endorsed by any state or government agency. See how Barrow drafts the report