North Dakota Administrative Code

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…

equipment used for indirect heating. 1. General provisions. a. This section applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air, or other indirect heating of liquids, gases, or solids and, in the course of doing so, the …

1. Applicability. 4 a. The owner or operator of an incinerator of any design capacity for refuse, except trash and refuse derived fuel, must comply with 40 CFR part 60, subpart Ea, which is incorporated by reference in chapter 33.1-15-12. b. Beginning August 1, 1996, no owner or …

1. Salvage incinerators. The department may require construction, operational, and recordkeeping standards and procedures for salvage incinerators. No industrial waste, radioactive waste, hazardous waste, or infectious waste may be burned in a salvage incinerator, unless specific…

1. The reference methods in appendix A to chapter 33.1-15-12, its replacement or other methods, as approved by the department shall be used to determine compliance with sections 33.1-15-05-01 and 33.1-15-05-02 as follows: a. Method 1 for selection of sampling site and sample trav…

1. General provisions. a. Except as provided in subdivision c, this section applies to any installation in which fuel is burned and in which the sulfur dioxide emissions are substantially due to the content of the fuel burned, and in which the fuel is burned primarily to produce …

1. General provisions. This section applies to all emissions except those in which all of the following are met: a. Fuel is burned primarily to produce heat. b. The sulfur compound emission is due primarily to the sulfur in the fuel burned. 2. Concentration of sulfur compounds in…

Testing must be done in accordance with the provisions of chapter 33.1-15-12, as applicable. The reference methods in appendix A to chapter 33.1-15-12, its replacement or applicable alternative methods as approved by the department, shall be used to determine compliance with this…

1. General provisions. a. For sources subject to continuous emission monitoring requirements in their permit to operate, the monitoring systems must be used to demonstrate compliance with emission limits on a continuous basis after the initial compliance test and certification of…

1. Excess emissions reports. Not later than thirty days following the end of a calendar quarter, any owner or operator required to monitor emissions in accordance with section 33.1-15-06-04 shall submit a report of excess emissions to the department. The report must include the f…

1. Scope. This section applies only to those facilities considered "new" as defined in section 33.1-15-01-04. 2. Water separation from petroleum products. No person may build or install any single or multiple compartment volatile organic compounds - water separator which normally…

1. No person may cause or permit the emission of organic compounds gases and vapors, except from an emergency vapor blowdown system or emergency relief system, unless these gases and vapors are burned by flares, or an equally effective control device as approved by the department…

No person shall operate, or cause to be operated, any internal combustion engine which emits from any source any unreasonable and excessive smoke, obnoxious or noxious gases, fumes or vapor. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 19…

1. No person shall intentionally remove, alter, or otherwise render inoperative, exhaust emission control, crankcase ventilation, or any other air pollution control device which has been installed as a requirement of federal law or regulation. 2. No person shall operate a motor v…

1. No person shall use or permit the use of pesticides in such manner that will cause the airborne drift of pesticides off the premises on which they are being applied in such quantities that cause damage or injury to human health, crops, domestic animals, pollinating insects, ve…