North Dakota Administrative Code

containers. 1. No person shall dispose of or permit the disposal of surplus pesticides and empty pesticide containers in such a manner as may cause pesticides to become airborne in such quantities that may cause injury or damage to human health, crops, domestic animals, pollinati…

This chapter is designed to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occurrence of an emergency due to the effects of these air contaminants on human health. History: Effective January 1, 2019. General Authority: NDCC…

Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the department determines that the accumulation of air contaminants in any place within North Dakota is attaining or has attained …

1. When the department declares an air pollution alert, air pollution warning, or air pollution emergency, any person responsible for the operation of a source of air contaminants as set forth in table 7 shall take all actions as required by table 7 for such source of air contami…

1. Any person responsible for the operation of a source of air contaminants as set forth in table 7 shall prepare abatement strategies plans for reducing the emission of air contaminants during periods of an air pollution alert, air pollution warning, and air pollution emergency.…

CHAPTER 33.1-15-12 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES Section 33.1-15-12-01 [Reserved] 33.1-15-12-01.1 Scope 33.1-15-12-02 Standards of Performance 33.1-15-12-01. [Reserved]. 33.1-15-12-01.1. Scope. Except as noted below the title of the subpart, the subparts and…

Except as noted below the title of the subpart, the subparts and appendices of title 40, Code of Federal Regulations, part 60, as they exist on July 1, 2019, which are listed under section 33.1-15-12-02 are incorporated into this chapter by reference. Any changes to the standards…

Subpart A - General provisions. *60.2. The definition of administrator is deleted and replaced with the following: Administrator means the department except for those duties that cannot be delegated by the United States environmental protection agency. For those duties that canno…

CHAPTER 33.1-15-13 EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Section 33.1-15-13-01 [Reserved] 33.1-15-13-01.1 Scope 33.1-15-13-01.2 Emission Standards 33.1-15-13-02 Emission Standard for Asbestos 33.1-15-13-01. [Reserved]. 33.1-15-13-01.1. Scope. The subparts and appendices…

The subparts and appendices of title 40 Code of Federal Regulations part 61, as they exist on July 2, 2010, which are listed under section 33.1-15-13-01.2 are incorporated into this chapter by reference. Any changes to the emission standard are listed below the title of the stand…

Subpart A - General provisions. *61.02 - The definition of administrator is deleted and replaced with the following: Administrator means the department except for those duties that cannot be delegated by the United States environmental protection agency. For those duties that can…

1. Applicability. The provisions of this section are applicable to those sources specified in subsections 3 through 17. 2. Definitions. All terms that are used in this section and are not defined below are given the same meaning as in North Dakota Century Code chapter 23.1-06 and…

Pursuant to subsection 1 of North Dakota Century Code section 23.1-06-08, stationary sources within the following source categories are designated as air contaminant sources capable of causing or contributing to air pollution, either directly or indirectly. 1. The following chemi…

For the purposes of this chapter: 1. "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude …

1. Permit to construct required. a. No construction, installation, or establishment of a new stationary source within a source category designated in section 33.1-15-14-01 may be commenced unless the owner or operator thereof shall file an application for, and receive, a permit t…

1. Permit to operate required. a. Except as provided in subdivisions c and d, no person may operate or cause the routine operation of an installation or source designated in section 33.1-15-14-01 without applying for and obtaining, in accordance with this section, a permit to ope…

CHAPTER 33.1-15-14 DESIGNATED AIR CONTAMINANT SOURCES, PERMIT TO CONSTRUCT, MINOR SOURCE PERMIT TO OPERATE, TITLE V PERMIT TO OPERATE Section 33.1-15-14-01 Designated Air Contaminant Sources 33.1-15-14-01.1 Definitions 33.1-15-14-02 Permit to Construct 33.1-15-14-03 Minor Source …

CHAPTER 33.1-15-14 DESIGNATED AIR CONTAMINANT SOURCES, PERMIT TO CONSTRUCT, MINOR SOURCE PERMIT TO OPERATE, TITLE V PERMIT TO OPERATE Section 33.1-15-14-01 Designated Air Contaminant Sources 33.1-15-14-01.1 Definitions 33.1-15-14-02 Permit to Construct 33.1-15-14-03 Minor Source …

1. Definitions. For purposes of this section: a. "Affected source" means any source that includes one or more affected units. b. "Affected state" means any state that is contiguous to North Dakota whose air quality may be affected by a source subject to a proposed title V permit,…

1. Purpose. The purpose of this section is to clarify which sources are minor sources with respect to section 33.1-15-14-06. The owner or operator of any source that would be classified as a major source under section 33.1-15-14-06 and which is not specifically excluded by this s…

CHAPTER 33.1-15-15 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY Section 33.1-15-15-01 [Reserved] 33.1-15-15-01.1 Purpose 33.1-15-15-01.2 Scope 33.1-15-15-02 Reclassification 33.1-15-15-01. [Reserved]. 33.1-15-15-01.1. Purpose. The purpose of this chapter is to adopt by …

The purpose of this chapter is to adopt by reference federal provisions for the prevention of significant deterioration program in North Dakota. The department will continue to implement the prevention of significant deterioration program as part of the state implementation plan.…

The provisions of title 40 Code of Federal Regulations part 52, section 21, paragraphs (a)(2) through (e), (h) through (r), (v), (w), (aa), and (bb) as they exist on July 1, 2019, are incorporated by reference into this chapter. This includes revisions to the rules that were publ…

1. Reclassification of areas. All areas (except as otherwise provided under 40 CFR 52.21(e)) must be designated either class I, class II, or class III. Any designation other than class II is subject to the redesignation procedures of this section. Redesignation (except as otherwi…

1. An odor will be considered objectionable when a department certified inspector or at least thirty percent of a randomly selected group of persons, or an odor panel exposed to the odor would deem that odor objectionable if the odor were present in their place of residence. 2. A…

1. In areas located within a city or the area over which a city has exercised extraterritorial zoning as defined in North Dakota Century Code section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that measures seven odor con…

No person may discharge into the ambient air hydrogen sulfide (H2S) in concentrations that would be objectionable on land owned or leased by the complainant or in areas normally accessed by the general public. For the purpose of complaint resolution under this section, two sample…

CHAPTER 33.1-15-16 RESTRICTION OF ODOROUS AIR CONTAMINANTS Section 33.1-15-16-01 General Provisions 33.1-15-16-02 Emissions of Odorous Substances Restricted 33.1-15-16-02.1 Emissions of Hydrogen Sulfide Restricted 33.1-15-16-03 [Reserved] 33.1-15-16-04 Method of Measurement 33.1-…

An odor measurement may be taken only with a properly maintained scentometer, by an odor panel, or by another instrument or method approved by the department, and only by inspectors certified by the department who have successfully completed a department-sponsored odor certificat…

Compliance with the provisions of this chapter does not operate as a defense to any legal action which is based upon the theory of public or private nuisance. History: Effective January 1, 2019. General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.…

1. The provisions of this chapter apply to the owner or operator of any source of fugitive emissions whatsoever. 2. No person shall cause or permit fugitive emissions from any source whatsoever, including a building, its appurtenances, or a road, to be used, constructed, altered,…

No person shall emit or cause to be emitted into the ambient air from any source of fugitive emissions as specified in section 33.1-15-17-01 any particulate matter which: 1. [Reserved]. 2. Exceed the ambient air quality standards of chapter 33.1-15-02 at or beyond the property li…

emissions. 1. Unpaved roads and unpaved parking areas. Abatement and preventive measures include frequent watering, addition of dust palliatives, detouring, paving, closure, speed control, or other means such as surface treatment with penetration chemicals (ligninsulfonates, oil,…

No person shall emit or cause to be emitted into the ambient air from any source of fugitive emissions as specified in section 33.1-15-17-01 any gases which: 1. Exceed the ambient air quality standards of chapter 33.1-15-02 at or beyond the property line of the source. 2. Exceed …

1. The degree of emission limitation required of any source for control of any air contaminant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique, except as provided in section 33.1-15-18-03. 2.…

Before a new or revised emission limitation is approved that is based on a good engineering practice stack height that exceeds the height allowed by paragraph a or b of subdivision d of subsection 2 of section 33.1-15-18-01, the department shall notify the public of the availabil…

The provisions of this chapter do not apply to stack heights in existence, or dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources which were constructed, or rec…

1. Applicability. The provisions of this chapter apply to the owner or operator of a major stationary source or major modification, as defined in section33.1-15-15-01.2, whose construction or modification is commenced after August 12, 1985. The standards shall be applied in conju…

1. Visibility impact analysis. The owner or operator of a major stationary source or major modification, subject to subsection 1 of section 33.1-15-19-01, shall demonstrate to the department that the actual emissions from the major stationary source or major modification, includi…

The department may require monitoring of visibility in any federal class I area near the proposed new stationary source or major modification for such purposes and by such means as the department deems necessary and appropriate. This can include preconstruction, concurrent with c…

1. Applicability. The provisions of this chapter apply to any oil or gas well facility which emits air contaminants to the atmosphere. 2. Definitions. As used in this chapter, all terms not defined herein shall have the meaning given them in section 33.1-15-01-04 or in North Dako…

1. The owner or operator of any actively producing oil or gas well that is completed or recompleted on or after July 1, 1987, shall submit an oil and gas well registration form available from the department, and an analysis of any gas produced from the well. The registration form…

requirements. 1. Any oil or gas well production facility that is a major stationary source or a major modification as defined in chapter 33.1-15-15, shall comply with the permitting requirements of chapter 33.1-15-15. 2. To determine prevention of significant deterioration of air…

1. The emissions from all treaters, separators, engines, incinerators, flares, tanks, and other onsite equipment must comply with the requirements of subsection 5. 3 2. Each flare used for combusting gas at a production facility must be equipped and operated with an automatic ign…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…

CHAPTER 33.1-15-21 ACID RAIN PROGRAM Section 33.1-15-21-01 [Reserved] 33.1-15-21-02 [Reserved] 33.1-15-21-03 [Reserved] 33.1-15-21-04 [Reserved] 33.1-15-21-05 [Reserved] 33.1-15-21-06 [Reserved] 33.1-15-21-07 [Reserved] 33.1-15-21-08 [Reserved] 33.1-15-21-08.1 Permits 33.1-15-21-…