Visible emission limit for construction and continuous operation activities. The owner or operator of a state facility or a state contractor may not discharge into the ambient air from a fugitive source an air pollutant of a density equal to or greater than that designated as twenty percent opacity, as determined by the EPA's Method 9 in 40 C.F.R. Part 60, Appendix A-4 (July 1, 2024) for a series of two minute averages with a minimum of a total of six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2024) must be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 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 .

Law Implemented: SDCL 34A-1- 1 , 34A-1-6 .

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