The owner or operator of an existing municipal solid waste landfill that meets the following conditions must comply with §§ 74:36:07:35 to 74:36:07:42, inclusive:

1. (1) The landfill has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition;
2. (2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic meters. Density conversions must be documented and submitted with the report; and

3. (3) The landfill has a nonmethane organic compound emission rate of fifty megagrams a year or more. The calculation of the landfill nonmethane organic compound emission rate must meet the requirements of 40 C.F.R. § 60.754 (July 1, 2024), to determine the landfill nonmethane organic compound emission rate.

   The EPA approved South Dakota’s 111d plan as required by the Clean Air Act on March 30, 2021. These rules are no longer in effect except for the owner or operators permitted prior to the date of the EPA approval.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017; 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, 2017-09-13, 2015-10-13, 2013-06-25.