74 : 36 : 07 : 145 . Report for existing municipal solid waste landfill -- equipment removal. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall submit an equipment removal report to the secretary 30 days prior to removal or cessation of operation of the control equipment, 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 equipment removal report if the owner or operator already submitted the equipment removal report on or before July 17, 2014. The equipment removal report shall contain the following:

1. (1) A copy of the closure report; and
2. (2) A copy of the initial performance test report demonstrating that the 15-year minimum control period has expired, unless the initial performance test report has been submitted to the EPA via the EPA's Central Data Exchange, or information that demonstrates that the collection and control system will be unable to operate for 15 years due to declining gas flows. In the equipment removal report, any process unit tested, any pollutant tested, and the date that such performance test was conducted may be submitted in lieu of the initial performance test report if the report has been previously submitted to the EPA via the EPA's Central Data Exchange; and
3. (3) Dated copies of three successive nonmethane organic compound emission rate reports demonstrating that the landfill is no longer producing 34 megagrams or greater of nonmethane organic compounds per year unless the nonmethane organic compound emission rate reports have been submitted to the EPA via the EPA's Central Data Exchange. If the nonmethane organic compound emission rate reports have been previously submitted to the EPA's Central Data Exchange, a statement that the nonmethane organic compound emission rate reports have been submitted electronically and the dates that the reports were submitted to the EPA's Central Data Exchange may be submitted in the equipment removal report in lieu of the nonmethane organic compound emission rate reports; or

4. (4) For the closed landfill subcategory, dated copies of three successive nonmethane organic compound emission rate reports demonstrating that the landfill is no longer producing 50 megagrams or greater of nonmethane organic compounds per year unless the nonmethane organic compound emission rate reports have been submitted to the EPA via the EPA's Central Data Exchange. If the nonmethane organic compound emission rate reports have been previously submitted to the EPA's Central Data Exchange, a statement that the nonmethane organic compound emission rate reports have been submitted electronically and the dates that the reports were submitted to the EPA's Central Data Exchange may be submitted in the equipment removal report in lieu of the nonmethane organic compound emission rate reports.

   The secretary may request additional information as may be necessary to verify that all of the conditions for removal in § 74:36:07:144 have been met.

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

General Authority: SDCL 34A-1-6 .

Law Implemented: SDCL 34A-1-18 .