North Dakota Administrative Code

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-…

The provisions of title 40 Code of Federal Regulations part 72 and its appendices, as they exist on January 1, 2012, for purposes of implementing an acid rain program that meets the requirements of title IV of the federal Clean Air Act, are incorporated into this chapter by refer…

1. General. The monitoring, recordkeeping, and reporting of sulfur dioxide, nitrogen oxides, and carbon dioxide emissions, volumetric flow, and opacity data from affected units under the acid 1 rain program shall be conducted in accordance with title 40 Code of Federal Regulation…

Title 40 Code of Federal Regulations part 76 and its appendices, as they exist on January 1, 2012, are incorporated into this chapter by reference. 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.…

The subparts and appendices of title 40 Code of Federal Regulations part 63, as they exist on July 1, 2019, which are listed in section 33.1-15-22-03 are incorporated into this chapter by reference. Any changes to an emissions standard are listed below the title of the standard. …

For the purposes of this chapter, "administrator" means the department except for those duties that cannot be delegated by the United States environmental protection agency. For those duties that cannot be delegated, administrator means the administrator of the United States envi…

Subpart A - General provisions. Subpart B - Requirements for control technology determinations for major sources in accordance with federal Clean Air Act sections 112(g) and 112(j). *Sections 63.42(a) and 63.42(b) are deleted in their entirety. Subpart C - List of hazardous air p…

For purposes of this chapter: 1. "Major source" means any source that has been issued or is required by this article to obtain a title V permit to operate. This includes sources that have begun operation but have not yet applied for a title V permit to operate. 2. "Minor source" …

Any person constructing, installing, or establishing a new stationary source or altering an existing source which requires a permit to construct under subsections 1 and 3 of section 33.1-15-14-02 is required to pay a permit to construct application filing fee and a permit to cons…

1. The owner or operator of each installation subject to a permit issued under section 33.1-15-14-03 shall pay an annual permit fee based on the following table: Classification Annual Fee Designated $300 Other $100 State and local government $0 Exempt $0 The following criteria ar…

1. The owner or operator of each installation that meets the applicability requirements of subsection 2 of section 33.1-15-14-06 shall pay an annual fee. The fee is determined by the actual annual emissions of regulated contaminants. Fugitive emissions will be included in the fee…

Substitution units, as defined in 40 CFR part 72, shall pay an annual administrative fee equal to one hundred thousand dollars per source. This fee must be adjusted on an annual basis to account for any increase in the consumer price index. The adjustment shall be made on August …

The owner or operator of an oil and gas well production facility that is required to register the facility in accordance with section 33.1-15-20-02 shall pay a nonrefundable filing fee of one hundred fifty dollars per well. The filing fee must be submitted with the registration f…

The sections of title 40 Code of Federal Regulations part 745, as they exist on March 8, 2021, which are listed under section 33.1-15-24-02 are incorporated into this chapter by reference. Any changes to the standards are listed below the title of the section. History: Effective …

745.220 Scope and applicability is amended as follows: (a) This subpart contains procedures and requirements for the accreditation of lead-based paint activities training programs, procedures, and requirements for the certification of individuals and the licensing of firms engage…

1. Notification. a. Notification of commencement of lead-based paint abatement activities in a residential dwelling or child-occupied facility or as a result of a federal, state, or local order shall be given to the department ten days prior to the commencement of the abatement a…

fees. 1. Purpose. This section establishes fees charged for the issuance of licenses and certificates by the department for lead-based paint activities. This section also establishes fees charged to recover costs associated with regulatory activities involving lead-based paint. 2…

The definitions in title 40 Code of Federal Regulations part 51, section 301, as they exist on July 1, 2019, are incorporated by reference into this chapter. For purposes of this chapter only: 1. "Boiler operating day" means any twenty-four-hour period between midnight and the fo…

1. [Reserved]. 2. Installation of best available retrofit technology. The owner or operator of any existing stationary facility as defined in title 40 Code of Federal Regulations section 301, which contributes to visibility impairment in a class I federal area shall install and o…

the national visibility goal. The owner or operator of an existing stationary source, or group of sources, shall implement emission reduction measures to make reasonable progress, as determined in accordance with title 40, Code of Federal Regulations, part 51, section 308, when r…

The owner or operator of any existing stationary source, or group of sources that are required to install best available retrofit technology, or emission reduction measures to meet the reasonable progress goals, shall conduct monitoring, recordkeeping, and reporting sufficient to…

1. Authority. The authority for this chapter relating to the control, prevention, and abatement of pollution of natural surface and underground waters is provided by North Dakota Century Code section 61-28-04. 2. Scope and purpose. This chapter establishes procedures governing th…

1. Concentrated animal feeding operations, 40 CFR 122.23, is incorporated into this chapter by reference. The department regulates livestock operations under chapter 33.1-16-03, including those which are not subject to this subsection. 2. Concentrated aquatic animal production fa…

1. Application for a national pollutant discharge elimination system permit. Any person who discharges any waste through a point source into a surface water or conducts any activity which requires a valid permit under North Dakota Century Code section 61-28-06 must file a complet…

1. Applicants for a national pollutant discharge elimination system permit may request a variance from otherwise applicable effluent limitations under the following provisions: a. Variance requests by nonpublicly owned treatment works, 40 CFR 122.21(m), which is incorporated into…

1. The department shall receive national pollutant discharge elimination system applications and other relevant data collected by the regional administrator prior to North Dakota's participation in the national pollutant discharge elimination system. The procedure for such transm…

The department shall enter into a formal agreement with the regional administrator, setting out procedures for the following actions: 1. Transmittal to the regional administrator of a complete copy of any national pollutant discharge elimination system form received by the depart…

forms. 1. Any national pollutant discharge elimination system application form or other document required to accompany the form when submitted to the department must be signed as follows: a. In the case of corporations, by a principal executive officer of at least the level of vi…

In the formulation of tentative determinations and draft national pollutant discharge elimination system permits, including general permits: 1. The department will prepare a tentative staff determination, with respect to any completed national pollutant discharge elimination syst…

1. Public notice of every national pollutant discharge elimination system draft permit shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue or deny a national pollutan…

Upon issuance of any final permit, the department shall issue a response to comments which briefly describes and responds to all significant comments received during the public comment period, public hearing, or public meeting. The response shall specify each provision of the dra…

1. The department shall prepare, and following public notice, shall send, upon request to any person, a fact sheet with respect to the application described in the public notice, when a draft permit is prepared in the following circumstances: a. The draft permit is for a major fa…

The state shall notify other appropriate government agencies of each complete application for a national pollutant discharge elimination system permit and shall provide such agencies an opportunity to submit their written views and recommendations. 1. The department shall ensure …

In addition to the provisions of section 33.1-16-01-07, the department shall provide the following: 1. Facilities for the public inspection of all information relating to national pollutant discharge elimination system forms, including monitoring data, and a machine or device for…

1. A national pollutant discharge elimination system applicant, any affected state, any affected interstate agency, any affected country, the regional administrator, or any interested agency, person, or group of persons may request or petition the department for a public hearing …

permits. 1. The following discharges into the waters of the state are prohibited: a. Any radiological, chemical, or biological warfare agent or high-level radioactive waste. b. Any discharge into the navigable waters that the secretary of the army acting through the chief of engi…

other requirements. All of the terms and conditions of any permit issued by the department will comply with the following requirements whenever applicable: 1. Effluent limitations as incorporated by reference in sections 33.1-16-01-30 and 33.1-16-01-31. 2. Standards of performanc…

permits. 1. Any permit issued by the department shall specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight or some other appropriate measure such as pH, temperature, or radiation. When it is at all a…

system permits. 1. With respect to any discharge which is not in compliance with applicable effluent standards and limitations, water quality standards, or other requirements listed in section 33.1-16-01-13, the permittee shall be required to take specific steps to achieve compli…

system permits. 1. All discharges authorized by the national pollutant discharge elimination system permit shall be consistent with the terms and conditions of the permit; that facility expansions, production increases, or process modifications which result in new or increased di…

discharge elimination system permits. The department shall ensure that the regional administrator is provided with copies of all national pollutant discharge elimination system permits that are proposed to be issued by the department. Such procedures shall provide for at least th…

elimination system permits. A copy of every national pollutant discharge elimination system permit issued by the department will be sent to the regional administrator immediately following issuance along with any and all terms, conditions, requirements, or documents which are a p…

permits. Duration of permits, 40 CFR part 122.46, is incorporated into this chapter by reference. 1. Every permit issued by the department shall have a fixed term not to exceed five years. When the permittee has complied with section 33.1-16-01-20, but the department, through no …

1. Any permittee who wishes to continue to discharge after the expiration date of the permittee's permit must file for reissuance of the permittee's permit at least one hundred eighty days prior to its expiration. 2. The request for reissuance of a permit shall be in letter form …

1. Any discharge authorized by a national pollutant discharge elimination system permit may be subject to such monitoring requirements as may be reasonably required by the department pursuant to its authority under subsection 10 of North Dakota Century Code section 61-28-04. 2. A…

1. The results of any monitoring activity required pursuant to section 33.1-16-01-21 and subsection 10 of North Dakota Century Code section 61-28-04 shall be recorded and maintained for a period of not less than three years. This period of retention shall be extended during the c…

Monitoring results obtained by a permittee shall be reported to the department in accordance with a reporting schedule prescribed by the department in the national pollutant discharge elimination system 23 permit. In no case shall the required frequency of reporting be less than …

The department shall evaluate all reports, notifications, and data submitted by a permittee in compliance with this chapter and shall investigate and follow up all apparent violations for possible enforcement action pursuant to North Dakota Century Code section 61-28-08. All such…

elimination system permits. 1. The department may modify, suspend, or revoke any national pollutant discharge elimination system permit in whole or in part during its term for cause including the causes listed in subsection 2 of section 33.1-16-01-16, or for failure or refusal of…