North Dakota Administrative Code

1. A manually operated emergency shutoff switch or circuit breaker must be located just outside the boiler room door and marked for easy identification. Consideration should be given to the type and location of the switch to safeguard against tampering. If the boiler room door is…

1. Unfired pressure vessels may not be installed in North Dakota unless such vessels have been constructed in accordance with the American society of mechanical engineers boiler and pressure vessel code, section VIII, division 1, 2, or 3, and bear the American Society of Mechanic…

These rules apply only to new construction, except as noted below: 1. Reinstalled pressure vessels must meet the rules for new construction. Exception: national board registration is required only for those vessels ordered and constructed after November 1, 1987. 2. Repairs to unf…

If, due to a valid impediment to compliance with the American Society of Mechanical Engineers Code in its entirety, an unfired pressure vessel cannot bear the American society of mechanical engineers and national board stamping, details in the English language, and specifications…

Unfired pressure vessels that have been previously used in anhydrous ammonia service may be converted to liquid petroleum service only with all of the following conditions being met: 1. The pressure vessel is American Society of Mechanical Engineers Code constructed and national …

1. "Director" means the director of the department of environmental quality. 2. "Hobby boiler" means a hand-fired steam boiler that operates above fifteen pounds per square inch [103.42 kilopascals] gauge pressure operated during a parade, an exhibition, or a threshing show where…

1. Except as provided in subsection 3, no individual may operate a hobby boiler in this state unless licensed under this chapter. 2. The director may not issue a hobby boiler license to an individual unless the individual: a. Files a written application with the director on a for…

An individual who has operated a hobby boiler within this state as of July 1, 2007, may receive a license without complying with subdivisions b and c of subsection 2 of section 33.1-14-11-02. "Operated a hobby boiler" means demonstrated operating experience in boiler operations a…

An individual applying for a hobby boiler operator license must complete an application in the form provided by the director, pay any required fee, and provide a notarized affidavit signed by a licensed North Dakota hobby boiler operator attesting to the applicant's completion of…

A hobby boiler operator license is valid for six years except that an initial license expires on January first of the year after the license has been in effect for five years. History: Effective July 1, 2020. General Authority: NDCC 23.1-16-09 Law Implemented: NDCC 23.1-16-09

An individual may apply to renew a hobby boiler operator license for six years by submitting to the director a renewal request along with a twenty-five dollar renewal fee in advance of the license expiration date. History: Effective July 1, 2020. General Authority: NDCC 23.1-16-0…

1. Notwithstanding any other provision of this section and with the exception of the operation of miniature boilers, two licensed operators or a licensed operator and an apprentice operator must be in attendance on a hobby boiler during a parade or plowing demonstration or during…

1. The director may deny an application for a hobby boiler operator's license if the applicable requirements of North Dakota Century Code chapter 23.1-16 and this chapter are not met or if an applicant is not capable of operating a hobby boiler in a safe manner. 2. The director m…

It is the purpose of these air quality standards and emission regulations to state such requirements as shall be required to achieve and maintain the best air quality possible, consistent with the best available control technology, to protect human health, welfare, and property; …

These air quality standards and emission regulations apply to any source or emission existing partially or wholly within North Dakota. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. …

The department of environmental quality has been authorized to provide and administer this article under the provisions of North Dakota Century Code chapter 23.1-06. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 Law Implemented: N…

As used in this article, except as otherwise specifically provided or when the context indicates otherwise, the following words shall have the meanings ascribed to them in this section: 1. "Act" means North Dakota Century Code chapter 23.1-06. 2. "Air contaminant" means any solid…

The abbreviations used in this article have the following meanings: 6 A - ampere A.S.T.M. - American Society for Testing and Materials Btu - British thermal unit °C - degree Celsius (centigrade) cal - calorie CdS - cadmium sulfide cfm - cubic feet per minute CFR - Code of Federal…

Entry onto premises and onsite inspection shall be made pursuant to North Dakota Century Code section 23.1-06-11. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-06-11; S.L. 2017, ch. 199, § 21

1. Where upon written application of the responsible person or persons the department finds that by reason of exceptional circumstances strict conformity with any provisions of this article would cause undue hardship, would be unreasonable, impractical, or not feasible under the …

No person shall cause or permit the installation or use of any device or any means which conceals or dilutes an emission of air contaminant which would otherwise violate this article. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 …

If any provision of this article or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or application of any other part of this article which can be given effect without the invalid provision or applicat…

1. Planning agency land use plans. a. The department will provide to planning agencies, for use in preparing land use plans, information concerning: (1) Air quality. (2) Air pollutant emissions. (3) Air pollutant meteorology. (4) Air quality goals. (5) Air pollution effects. b. T…

ARTICLE 33.1-15 AIR POLLUTION CONTROL Chapter 33.1-15-01 General Provisions 33.1-15-02 Ambient Air Quality Standards 33.1-15-03 Restriction of Emission of Visible Air Contaminants 33.1-15-04 Open Burning Restrictions 33.1-15-05 Emissions of Particulate Matter Restricted 33.1-15-0…

1. Sampling and testing. The department may reasonably require any person responsible for emission of air contaminants to make or have made tests, at a reasonable time or interval, to determine the emission of air contaminants from any source, for the purpose of determining wheth…

1. Maintenance shutdowns. In the case of shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the department at least twenty-four hours prior to the planned shutdown provided that the air cont…

Except as otherwise specified, compliance with the provisions of this article shall be according to the following time schedule: 1. New installations. Every new installation shall comply as of going into continuous routine operation for its intended purpose. 2. Existing installat…

1. No person shall permit or cause air pollution, as defined in section 33.1-15-01-04. 2. Nothing in any other part of this article concerning emission of air contaminants or any other regulation relating to air pollution shall in any manner be construed as authorizing or legaliz…

1. Public inspection. Any record, report, or information obtained or submitted pursuant to this article will be available to the public for inspection and copying during normal working hours unless the department certifies that the information is confidential. Anyone requesting d…

1. Enforcement action will be consistent with procedures as approved by the United States environmental protection agency. 2. Notwithstanding any other provision in this article, any credible evidence may be used for the purpose of establishing whether a person has violated or is…

Notwithstanding any other provision in this article, for the purpose of submission of compliance certifications the owner or operator is not prohibited from using the following in addition to any specified compliance methods: 1. A compliance assurance monitoring protocol approved…

The ambient air quality standards as presented in this chapter pertain to the ambient air within the boundaries of North Dakota. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, §…

It is the purpose of these air quality standards to set forth levels of air quality for the maintenance of public health and welfare and to provide guidance to governmental and other parties interested in abating air pollution. Since the ambient air in North Dakota is generally c…

In keeping with the purpose of these ambient air quality standards, the quality should be such that: 1. The public health will be protected including sensitive or susceptible segments of the population. 2. Concentrations of pollutants will not cause public nuisance or annoyance. …

1. Particulates and gases. The standards of ambient air quality listed in table 1 and table 2 define the limits of air contamination by particulates and gases. Any air contaminant which exceeds these limits is hereby declared to be unacceptable and requires air pollution control …

Air contaminants listed under table 1 shall be measured by the method or methods listed in title 40 Code of Federal Regulations parts 50 and 53. Hydrogen sulfide sampling equipment and methods must be approved by the department. Hydrogen sulfide analyzers must be designed for use…

The standards of ambient air quality listed in table 1 are corrected to a reference temperature of twenty-five degrees Celsius [298 degrees Kelvin] and a reference pressure of seven hundred sixty millimeters of mercury [101.3 kilopascals]. History: Effective January 1, 2019. Gene…

1. No person may cause or permit the emission of contaminants to the ambient air from any source in such a manner and amount that causes or contributes to a violation in the ambient air of those standards stated in section 33.1-15-02-04. 2. Nothing in any other part or section of…

No person may discharge into the ambient air from any single source of emission whatsoever, with the exception of existing incinerators, any air contaminant which exhibits an opacity greater than forty percent except that a maximum of sixty percent opacity shall be permissible fo…

No person may discharge into the ambient air from any single source of emission whatsoever any air contaminant which exhibits an opacity greater than twenty percent except that a maximum of forty percent opacity is permissible for not more than one six-minute period per hour. His…

No person may discharge into the ambient air from any source of fugitive emissions, as determined or identified by the department, any air contaminant which exhibits an opacity greater than forty percent for more than one six-minute period per hour. Such visible emissions shall h…

No person may discharge into the ambient air from any single source of emission whatsoever any air contaminant which exhibits an opacity greater than twenty percent except that a maximum of sixty percent opacity is permissible for not more than one six-minute period per hour. His…

The provisions of sections 33.1-15-03-01, 33.1-15-03-02, 33.1-15-03-03, and 33.1-15-03-03.1 shall not apply in the following circumstances: 1. Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements. 2. When smoke is emitted f…

1. Method 9. Compliance with visible emission standards in chapter 33.1-15-03 shall be determined by conducting observations in accordance with Reference Method 9 of Appendix A to chapter 33.1-15-12. Per hour for Reference Method 9 means any contiguous sixty-minute time period. W…

No person may cause, conduct, or permit open burning of refuse, trade waste, or other combustible material, except as provided for in section 33.1-15-04-02 or 33.1-15-10-02, and no person may conduct, cause, or permit the conduct of a salvage operation by open burning. History: E…

The open burning of refuse or other combustible material may be conducted as specified in this section if the burning is not prohibited by, and is conducted in compliance with, other applicable laws, ordinances, and regulations. Burning is prohibited if the fire index is in the e…

1. General provisions. a. This section applies to any operation, process, or activity from which particulate matter is emitted except the burning of fuel for indirect heating in which the products of combustion do not come into direct contact with process materials, the burning o…