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 must submit a collection and control system design plan prepared and approved by a professional engineer. The collection and control system design plan must:

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

4. (4) Cover page that contains the engineer's seal, 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 thirty-four megagrams per year, except as follows;

   1. (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 thirty-four 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 thirty-four 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, must be submitted, following the procedures in § 74:36:07:138, within one hundred eighty days of the first calculated exceedance of thirty-four megagrams per year;
   2. (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 thirty-four megagrams per year, annual periodic reporting must be resumed. The resulting site-specific methane generation rate constant must be used in the nonmethane organic compound emission rate calculation until 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 must be submitted to the secretary within one year of the first calculated nonmethane organic compound emission rate equaling or exceeding thirty-four megagrams per year;

   3. (c) If the owner or operator elects to demonstrate that site-specific surface methane emissions are below five hundred parts per million methane, the owner or operator must submit annually a Tier 4 surface emissions report until a surface emissions reading of five hundred parts per million methane or greater is found. If the Tier 4 surface emissions report shows no surface emissions readings of five hundred 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 must 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 of five hundred parts per million methane or greater, other than non-repeatable, momentary readings. For location, the owner or operator must determine the latitude and longitude coordinates using an instrument with an accuracy of at least four meters. The coordinates must be in decimal degrees with at least five decimal places. The Tier 4 surface emission report must also include the results of the most recent Tier 1 and Tier 2 results in order to verify that the landfill does not exceed fifty megagrams per year of nonmethane organic compounds. The annual Tier 4 surface emissions report must be submitted as follows:

      1. (i) The initial Tier 4 surface emissions report must be submitted annually, starting within thirty days of completing the fourth quarter of Tier 4 surface emissions monitoring that demonstrates site-specific surface methane emissions are below five hundred parts per million methane; and
      2. (ii) The Tier 4 surface emissions rate report must be submitted within one year of the first measured surface exceedance of five hundred parts per million methane;

   4. (d) If the landfill is in the closed landfill subcategory, the owner or operator must 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 fifty megagrams per year, except as follows:

      1. (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 fifty 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 fifty 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, must be submitted within one hundred eighty days of the first calculated exceedance of fifty megagrams per year;
      2. (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 fifty megagrams per year, annual periodic reporting must be resumed. The resulting site-specific methane generation rate constant must be used in the nonmethane organic compound emission rate calculation until 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 fifty megagrams per year;
      3. (iii) The owner or operator elects to demonstrate surface emissions are low, consistent with the provisions in subsection (4)(c) of this section; and
      4. (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, 2024); 40 C.F.R. Part 62, Subpart GGG (July 1, 2024); or § 74:36:07:35;
   5. (e) The owner or operator must notify the secretary that the design plan is completed and submit a copy of the plan's signature page. The secretary has ninety days to decide whether the design plan may be submitted for review. If the secretary chooses to review the plan, the approval process continues as described in subsection (4)(f) of this section. If the secretary indicates that submission is not required or if the secretary does not respond within ninety 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 must 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;
   6. (f) Upon receipt of an initial or revised design plan, the secretary must 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 request additional information be submitted within ninety 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
   7. (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 subsection 74:36:07:131(5)(b).

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.