S.D. Admin. R. 74:36:07:126

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

Section 74:36:07:126 - Existing municipal solid waste landfill collection and control system design plan submittal

The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall submit a collection and control system design plan prepared and approved by a professional engineer. The collection and control system design plan shall:

1. The design requirements in §§ 74:36:07:106 and § 74:36:07:109;

2. Include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions proposed by the owner or operator;

3. Conform to specifications for active collection systems in § 74:36:07:108 or include a demonstration to the Secretary's satisfaction of the sufficiency of the alternative provisions;

4. Cover page that contains the engineer's seal to the Secretary within 1 year of the first nonmethane organic compound emission rate report in which the nonmethane organic compound emission rate equals or exceeds 34 megagrams per year, except as follows;

(a) If the owner or operator elects to recalculate the nonmethane organic compound emission rate after Tier 2 nonmethane organic compound sampling and analysis and the resulting rate is less than 34 megagrams per year, annual periodic reporting must be resumed, using the Tier 2 determined site-specific nonmethane organic compound concentration, until the calculated nonmethane organic compound emission rate is equal to or greater than 34 megagrams per year or the landfill is closed. The revised nonmethane organic compound emission rate report, with the recalculated nonmethane organic compound emission rate based on nonmethane organic compound sampling and analysis, shall be submitted, following the procedures in § 74:36:07:138, within 180 days of the first calculated exceedance of 34 megagrams per year;

(b) If the owner or operator elects to recalculate the nonmethane organic compound emission rate after determining a site-specific methane generation rate constant as provided in Tier 3, and the resulting nonmethane organic compound emission rate is less than 34 megagrams per year, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant shall be used in the nonmethane organic compound emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised nonmethane organic compound emission rate report based on the provisions of § 74:36:07:102 and the resulting site-specific methane generation rate constant shall be submitted to the Secretary within one year of the first calculated nonmethane organic compound emission rate equaling or exceeding 34 megagrams per year;

(c) If the owner or operator elects to demonstrate site-specific surface methane emissions are below 500 parts per million methane, the owner or operator shall submit annually a Tier 4 surface emissions report until a surface emissions readings of 500 parts per million methane or greater is found. If the Tier 4 surface emissions report shows no surface emissions readings of 500 parts per million methane or greater for four consecutive quarters at a closed landfill, then the owner or operator may reduce Tier 4 monitoring from a quarterly to an annual frequency. The Secretary may request additional information as may be necessary to verify the reported instantaneous surface emission readings. The Tier 4 surface emissions report shall clearly identify the location, date and time to the nearest second, average wind speeds including wind gusts, and reading, in parts per million, of any value 500 parts per million methane or greater, other than non-repeatable, momentary readings. For location, the owner or operator shall determine the latitude and longitude coordinates using an instrument with an accuracy of at least four meters. The coordinates shall be in decimal degrees with at least five decimal places. The Tier 4 surface emission report shall also include the results of the most recent Tier 1 and Tier 2 results in order to verify the landfill does not exceed 50 megagrams per year of nonmethane organic compounds. The annual Tier 4 surface emissions report shall be submitted as follows:

(i) The initial Tier 4 surface emissions report shall be submitted annually, starting within 30 days of completing the fourth quarter of Tier 4 surface emissions monitoring that demonstrates site-specific surface methane emissions are below 500 parts per million methane; and

(ii) The Tier 4 surface emissions rate report shall be submitted within 1 year of the first measured surface exceedance of 500 parts per million methane;

(d) If the landfill is in the closed landfill subcategory, the owner or operator shall submit a collection and control system design plan to the Secretary within one year of the first nonmethane organic compound emission rate report in which the nonmethane organic compound emission rate equals or exceeds 50 megagrams per year, except as follows:

(i) If the owner or operator elects to recalculate the nonmethane organic compound emission rate after Tier 2 nonmethane organic compound sampling and analysis and the resulting rate is less than 50 megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific nonmethane organic compound concentration, until the calculated nonmethane organic compound emission rate is equal to or greater than 50 megagrams per year or the landfill is closed. The revised nonmethane organic compound emission rate report, with the recalculated nonmethane organic compound emission rate based on nonmethane organic compound sampling and analysis, shall be submitted within 180 days of the first calculated exceedance of 50 megagrams per year;

(ii) If the owner or operator elects to recalculate the nonmethane organic compound emission rate after determining a site-specific methane generation rate constant, as provided in Tier 3, and the resulting nonmethane organic compound emission rate is less than 50 megagrams per year, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant shall be used in the nonmethane organic compound emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised nonmethane organic compound emission rate report and the resulting site-specific methane generation rate constant must be submitted to the Secretary within one year of the first calculated nonmethane organic compound emission rate equaling or exceeding 50 megagrams per year;

(iii) The owner or operator elects to demonstrate surface emissions are low, consistent with the provisions in subdivision (4)(c) of this section.

(iv) The landfill has already submitted a gas collection and control system design plan consistent with the provisions of 40 C.F.R. Part 60, Subpart WWW (July 1, 2018); 40 C.F.R. Part 62, Subpart GGG (July 1, 2018); or § 74:36:07:35;

(e) The owner or operator shall notify the Secretary that the design plan is completed and submit a copy of the plan's signature page. The Secretary has 90 days to decide whether the design plan should be submitted for review. If the Secretary chooses to review the plan, the approval process continues as described in subdivision (4)(f) of this section. However, if the Secretary indicates that submission is not required or does not respond within 90 days, the owner or operator can continue to implement the plan with the recognition that the owner or operator is proceeding at their own risk. In the event the design plan is required to be modified to obtain approval, the owner or operator shall take any steps necessary to conform any prior actions to the approved design plan and any failure to do so could result in an enforcement action;

(f) Upon receipt of an initial or revised design plan, the Secretary shall review the information submitted under subdivision (1) to (3), inclusive, of this section and approve it, disapprove it, or request additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be proposed. If the Secretary does not approve or disapprove the design plan, or does not request additional information be submitted within 90 days of receipt, the owner or operator may continue with implementation of the design plan, recognizing they would be proceeding at their own risk; and

(g) If the owner or operator chooses to demonstrate compliance with the emission control requirements using a treatment system, the owner or operator must prepare a site-specific treatment system monitoring plan as specified in subdivision 74:36:07:131(5)(a).

S.D. Admin. R. 74:36:07:126

46 SDR 064, effective 11/25/2019

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.