The secretary must proclaim an air pollution emergency episode and its extent, using the criteria in 40 C.F.R. § 51.151 and Appendix L to Part 51 (July 1, 2024), if the accumulation of air pollutants in any place is attaining or has attained levels that could, if the levels are sustained or exceeded, lead to a substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 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-1-15 .

Law Implemented: SDCL 34A-1-1 , 34A-1-15 .

Prior versions effective: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.