S.D. Admin. R. 74:36:07:125

Current through Register Vol. 50, page 162, June 24, 2024

Section 74:36:07:125 - Existing municipal solid waste landfill annual nonmethane organic compound emission rate report

The owner or operator of an existing municipal solid waste landfill with a design capacity equal to or greater than 2.5 million megagrams by mass and 2.5 million cubic meters by volume shall submit a nonmethane organic compound emission rate report prior to but no later than 90 days after the effective date of EPAs approval of the state's § 111(d) plan required in the Clean Air Act, except when the existing municipal solid waste landfill is in the closed landfill subcategory. An existing municipal solid waste landfill that is in the closed landfill subcategory is not required to submit an initial or subsequent nonmethane organic compound emission rate report provided the most recent nonmethane organic compound emission rate report indicated the nonmethane organic compound emissions were below 50 megagrams per year.

The nonmethane organic compound emission rate report shall be submitted annually, except as provided for in subdivision (3) of this section. The Secretary may request additional information as may be necessary to verify the reported nonmethane organic compound emission rate. The nonmethane organic compound emission rate report shall:

1. Contain an annual or 5-year estimate of the nonmethane organic compound emission rate calculated using the formula and procedures provided in §§ 74:36:07:99 or 74:36:07:143, as applicable;

2. Include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions; and

3. If the estimated nonmethane organic compound emission rate as reported in the annual report is less than 34 megagrams per year in each of the next five consecutive years, the owner or operator may elect to submit an estimate of the nonmethane organic compound emission rate for the next 5-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the five years for which an nonmethane organic compound emission rate is estimated. All data and calculations upon which this estimate is based shall be included in the nonmethane organic compound emission rate report. This estimate shall be revised at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate shall be submitted to the Secretary. The revised estimate shall cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.

The owner or operator is exempt from the requirements to submit a nonmethane organic compound emission rate report after installing a collection and control system that complies with §§ 74:36:07:106 and § 74:36:07:109, during such time as the collection and control system is in operation and in compliance with §§ 74:36:07:111 to § 74:36:07:116, inclusive.

S.D. Admin. R. 74:36:07:125

46 SDR 064, effective 11/25/2019

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.