74 : 36 : 07 : 102 . Tier 3 nonmethane organic compound emission rate for existing municipal solid waste landfills. The site-specific methane generation rate constant must be determined using the procedures provided in 40 C.F.R. Part 60, Appendix A, Method 2E (July 1, 20 24 ). The owner or operator must estimate the nonmethane organic compound mass emission rate using the appropriate equation in § 74:36:07:99 , and using a site-specific methane generation rate constant and the site-specific nonmethane organic compound concentration as determined in § 74:36:07:101 instead of the default values. The landfill owner or operator must compare the resulting nonmethane organic compound mass emission rate to the standard of thirty-four megagrams per year:

1. (1) If the nonmethane organic compound mass emission rate as calculated using the Tier 2 site-specific nonmethane organic compound concentration and Tier 3 site-specific methane generation rate and is equal to or greater than thirty-four megagrams per year, the owner or operator must:

   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 thirty months according to §§ 74:36:07:106 and 74:36:07:109; or
   2. (b) Conduct a surface emission monitoring demonstration using the Tier 4 procedures specified in § 74:36:07:103; or
2. (2) If the nonmethane organic compound mass emission rate is less than thirty-four megagrams per year, the owner or operator must recalculate the nonmethane organic compound mass emission rate annually using the appropriate equation in § 74:36:07:99 and using the site-specific Tier 2 nonmethane organic compound concentration and Tier 3 methane generation rate constant and submit the results in the annual nonmethane organic compound emission rate report. The calculation of the methane generation rate constant is performed only once, and the value obtained from this test must be used in all subsequent annual nonmethane organic compound emission rate calculations.

Source: 46 SDR 64, effective November 25, 2019 ; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 , 34A-1-18 .

Law Implemented: SDCL 34A-1-18 .

Prior versions effective: 2019-11-25.