74 : 36 : 07 : 100 . Tier 1 nonmethane organic compound emission rate for existing municipal solid waste landfills. If the nonmethane organic compound emission rate calculated in § 74:36:07:99 is:

1. (1) Less than 34 megagrams per year, the owner or operator shall submit a nonmethane organic compound emission rate report and recalculate the nonmethane organic compound emission rate annually as required under § 74:36:07:98;

2. (2) Equal to or greater than 34 megagrams per year, the owner or operator shall:

   1. (a) Submit a gas collection and control system design plan within one year and install and operate a gas collection and control system within 30 months according to §§ 74:36:07:106 and § 74:36:07:109;
   2. (b) Determine a site-specific nonmethane organic compound concentration and recalculate the nonmethane organic compound emission rate using the Tier 2 procedures provided in § 74:36:07:101; or
   3. (c) Determine a site-specific methane generation rate constant and recalculate the nonmethane organic compound emission rate using the Tier 3 procedures provided in § 74:36:07:102.

Source: 46 SDR 64 , effective November 25, 2019 .

General Authority: SDCL 34A-1-6 .

Law Implemented: SDCL 34A-1-18 .