S.D. Admin. R. 74:36:13:07

Current through Register Vol. 51, page 71, January 6, 2025

Section 74:36:13:07 - Credible evidence

Notwithstanding any other provision, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (July 1, 2018) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 (July 1, 2018);

(b) Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in subdivision (1) or (2)(a) of this section.

S.D. Admin. R. 74:36:13:07

21 SDR 119, effective 1/5/1995; 26 SDR 168, effective 6/27/2000; 31 SDR 101, effective 1/2/2005; 32 SDR 209, effective 6/13/2006; 36 SDR 207, effective 6/28/2010; 39 SDR 219, effective 6/25/2013; 42 SDR 52, effective 10/13/2015; 44 SDR 43, effective 9/13/2017; 46 SDR 064, effective 11/25/2019

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.