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

   1. (a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (July 1, 2024) and incorporated in a federally enforceable operating permit; and
   2. (b) Compliance methods specified in the applicable plan; and

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

   1. (a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 (July 1, 2024); and
   2. (b) Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in subdivision (1) or subsection (2)(a) of this section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 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-1-12 .

Law Implemented: SDCL 34A-1-12 .

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