Chapter 74:36:07 — NEW SOURCE PERFORMANCE STANDARDS

74:36:07:01. New source performance standards. The general provisions for new source performance standards are those in 40 C.F.R. Part 60, Subpart A (July 1, 2024). For the purposes of this chapter, "administrator" means the secretary, except for those authorities that cannot be …

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. Part 60, Subpart D (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13…

74:36:07:03. Standards of performance for electric utility steam generating units. The standards of performance for electric utility steam generating units are those in 40 C.F.R. Part 60, Subpart Da (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effec…

74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and institutional steam generating units are those in 40 C.F.R. Part 60, Subpart Db (July 1, 2024). Source: 16 SDR …

74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam generating units. The standards of performance for small industrial, commercial, and institutional steam generating units are those in 40 C.F.R. Part 60, Subpart Dc (July 1, 2024). A s…

74:36:07:06. Standards of performance for incinerators. The standards of performance for incinerators are those in 40 C.F.R. Part 60, Subpart E (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:11:06, 19 S…

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste incinerators constructed on or before June 20, 1996. Title 40, C.F.R. Part 60, Subpart Ce (July 1, 2024), is incorporated into this rule by reference. Designated facilities, as described in Subpart Ce,…

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. The standards of performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are those in 40 C.…

74:36:07:07. Standards of performance for municipal waste combustors for which construction commenced after December 20, 1989, and on or before September 20, 1994. The standards of performance for municipal waste combustors for which construction commenced after December 20, 1989…

74:36:07:07.01. Standards of performance for large municipal waste combustors for which construction commenced after September 20, 1994, or for which modification or reconstruction is commenced after June 19, 1996. The standards of performance for large municipal waste combustors…

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustor must be disposed of in accordance with article 74:27. Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 157, effective April 22, 1993; 23 SDR 106, effecti…

74:36:07:09. Standards of performance for portland cement plants. The standards of performance for portland cement plants are those in 40 C.F.R. Part 60, Subpart F (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred from…

74:36:07:10. Standards of performance for hot mix asphalt facilities. The standards of performance for hot mix asphalt facilities are those in 40 C.F.R. Part 60, Subpart I (July 1, 2024). Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transfer…

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) Less than 34 megagrams per year, the owner or operator shall submit a nonmethane organ…

74:36:07:101. Tier 2 nonmethane organic compound emission rate for existing municipal solid waste landfills. The owner or operator of an existing municipal solid waste landfill must install at least two sample probes per hectare, evenly distributed over the landfill surface that …

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, 2024). The owner o…

74:36:07:103. Tier 4 nonmethane organic compound emission rate for existing municipal solid waste landfills. Tier 4 is allowed only if the owner or operator can demonstrate that nonmethane organic compound emissions are greater than or equal to thirty-four megagrams per year but …

74:36:07:104. Alternative nonmethane organic compound emission rate for existing municipal solid waste landfills. The owner or operator may use an alternative method to determine the nonmethane organic compound concentration or a site-specific methane generation rate constant as …

74:36:07:105. Existing municipal solid waste landfill emission guidelines. The owner or operator of an existing municipal solid waste landfill that meets the following conditions must comply with §§ 74:36:07:106 to 74:36:07:145, inclusive: (1) The landfill has accepted waste at a…

74:36:07:106. Installation of a gas collection and control system at existing municipal solid waste landfill.. The owner or operator of an existing municipal solid waste landfill that meets the requirements in § 74:36:07:105 shall plan, award contracts, install and start up a col…

74:36:07:107. Existing municipal solid waste landfill active and passive collection systems. The department must approve a collection system if it meets the following: (1) An active collection system must: (a) Be designed to handle the maximum expected gas flow rate for the entir…

74:36:07:108 Specifications for active collection systems for existing municipal solid waste landfills. An active collection system at an existing municipal solid waste landfill shall meet the following specifications: (1) Each owner or operator shall site active collection wells…

74:36:07:109. Existing municipal solid waste landfill control system. The secretary must approve the control system if it meets one of the following requirements, except as provided in 40 C.F.R. § 60.24 (July 1, 2024): (1) A non-enclosed flare designed and operated in accordance …

74:36:07:11. Additional permit requirements for asphalt plants. Repealed. Source: 7SDR 4, effective July 27, 1980; transferred from § 44:10:01:29, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:29, 19 SDR 157, effective April 2…

74:36:07:110. Initial control system performance test for existing municipal solid waste landfill. The owner or operator must conduct an initial performance test to be completed no later than one hundred eighty days after the initial startup of the approved control system. The pe…

74:36:07:111. Existing municipal solid waste landfill operational standards for collection and control systems. The owner or operator of an existing municipal solid waste landfill with a gas collection and control system used to comply with §§ 74:36:07:106, 74:36:07:107, and 74:3…

74:36:07:112. Existing municipal solid waste landfill compliance provisions for gas collection system. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall determine if the gas collection system is in compliance w…

74:36:07:113. Existing municipal solid waste landfill compliance provisions for locating wells and design components. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall place each well or design components as sp…

74:36:07:114. Existing municipal solid waste landfill compliance with surface methane operational standards. The owner or operator of an existing municipal solid waste landfill that meets the requirements of subdivision 74:36:07:111(4) must comply with the following procedures fo…

74:36:07:115. Existing municipal solid waste landfill instrumentation specifications and procedures for surface emission monitoring devices. The owner or operator of an existing municipal solid waste landfill complying with the provisions in § 74:36:07:103 must comply with the fo…

74:36:07:116. Existing municipal solid waste landfill compliance during startup, shutdown, or malfunction. The owner or operator of an existing municipal solid waste landfill shall comply with the provisions §§ 74:36:07:112 through 74:36:07:115, at all times, including periods of…

74:36:07:117. Existing municipal solid waste landfill active gas collection system monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to comply with an active gas collection system must install a sampling port and a thermometer, other tempe…

74:36:07:118. Existing municipal solid waste landfill enclosed combustor monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to comply with § 74:36:07:109 using an enclosed combustor shall install, calibrate, maintain, and operate according …

74:36:07:119. Existing municipal solid waste landfill non-enclosed flare monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to comply with § 74:36:07:109 using a non-enclosed flare shall install, calibrate, maintain, and operate according t…

74:36:07:12. Standards of performance to storage vessels for petroleum liquids for which construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978. The standards of performance for storage vessels for petroleum liquids for which constr…

74:36:07:120. Existing municipal solid waste landfill surface methane monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to demonstrate compliance with the 500 parts per million surface methane operational standard shall monitor surface con…

74:36:07:121. Existing municipal solid waste landfill gas treatment system monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to demonstrate compliance with the control system requirements in § 74:36:07:109 using a landfill gas treatment sy…

74:36:07:122. Existing municipal solid waste landfill alternative collection system monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to monitor alternative parameters shall provide information satisfactory to the secretary as provided in …

74:36:07:123. Existing municipal solid waste landfill alternative control device monitoring. The owner or operator of an existing municipal solid waste landfill that seeks to demonstrate compliance with § 74:36:07:109 using a device other than a non-enclosed flare, an enclosed co…

74:36:07:124. Existing municipal solid waste landfill monitoring requirements. The owner or operator of an existing municipal solid waste landfill shall monitor according to §§ 74:36:07:118 through 74:36:07:123 and § 74:36:07:121 at all times the existing municipal solid waste la…

74:36:07:125. Existing municipal solid waste landfill annual nonmethane organic compound emission rate report. The owner or operator of an existing municipal solid waste landfill with a design capacity equal to or greater than 2.5 million megagrams by mass and 2.5 million cubic m…

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 pre…

74:36:07:127. Existing municipal solid waste landfill revised plan submittal. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall submit a revised design plan to the secretary for approval: (1) At least 90 days b…

74:36:07:128. Existing municipal solid waste landfill Tier 4 notification. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall provide a notification of any date upon which it intends to demonstrate site-specific…

74:36:07:129. Existing municipal solid waste landfill corrective action and timeline notifications. The owner or operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:105 shall submit the following: (1) For corrective action required acc…

74:36:07:13. Standards of performance for storage vessels for petroleum for which construction, reconstruction, or modification commenced after May 18, 1978, and prior to July 24, 1984. The standards of performance for storage vessels for petroleum for which construction, reconst…

74:36:07:130. General recordkeeping for existing municipal solid waste landfill. Except as provided in subdivision 74:36:07:126(2), the owner or operator of an existing municipal solid waste landfill subject to the provisions of § 74:36:07:98 shall keep for at least five years, r…

74:36:07:131. Recordkeeping for existing municipal solid waste landfill -- Performance tests and compliance determinations. Except as provided in subdivision 74:36:07:126(2), the owner or operator of a control system at an existing municipal solid waste landfill must maintain the…

74:36:07:132. Recordkeeping for existing municipal solid waste landfill -- Control systems and exceedances. Except as provided in subdivision 74:36:07:126(2), the owner or operator of a control system at an existing municipal solid waste landfill shall keep for five years, readil…

74:36:07:133. Recordkeeping for existing municipal solid waste landfill -- Collection system. Except as provided in subdivision 74:36:07:126(2), the owner or operator that meets the requirements of § 74:36:07:105 must keep for the life of the collection system an up-to-date, read…