b. Upon request, the department, in consultation with the applicant, will prepare an estimate

of the processing fee and the billing schedule that will be utilized in processing the

application.

c. Statements will be sent to the applicant containing the actual processing costs incurred

by the department.

d. The applicant must pay the processing fee regardless of whether a permit to construct is

issued, denied, or withdrawn.

e. Any source that initiates operation under a permit to construct prior to receiving a permit

to operate is subject to the fees outlined in section 33-15-23-03 or 33-15-23-04,

whichever is applicable.

History: Effective August 1, 1995; amended effective January 1, 2013; July 1, 2016.

General Authority: NDCC 23-25-03, 23-25-04.2

Law Implemented: NDCC 23-25-03, 23-25-04.2

33-15-23-03. Minor source permit to operate fees.

1. The owner or operator of each installation subject to a permit issued under section

33-15-14-03 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 are used to classify sources for determining minor source annual fees:

Designated: A source that is designated for scheduled

inspections.

Other: As designated by the department.

State and local government: Any installation owned by the state of North

Dakota or a local government.

Exempt: As designated by the department.

2. The following activities conducted by the department are not included in the annual costs and

will be charged to affected sources based on the actual costs incurred by the department:

a. Observation of source or performance specification testing, or both.

b. Audits of source operated ambient air monitoring networks.

An accounting of the actual costs incurred under this subsection must accompany the notice

of the annual permit fee.

3. Annual emissions are derived using representative source test data, "compilation of air

pollution emission factors (AP-42)" or other reliable data.

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4. The classification of "other" and "exempt" shall be designated by the department on a

case-by-case basis.

5. The department shall send a notice, identifying the amount of the annual permit fee, to the

owner or operator of each affected source. The fee is due within sixty days following the date

of such notice.

History: Effective August 1, 1995; amended effective April 1, 2009; January 1, 2013; April 1, 2014.

General Authority: NDCC 23-25-03, 23-25-04.2

Law Implemented: NDCC 23-25-04.2

33-15-23-04. Major source permit to operate fees.

1. The owner or operator of each installation that meets the applicability requirements of

subsection 2 of section 33-15-14-06 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 calculation for sources that are required to count them when determining applicability

under section 33-15-14-06. 

2. Effective January 1, 2005, the annual fee shall be assessed at a rate of twenty-five dollars per

ton of emissions of each regulated contaminant identified in section 112(b) of the Federal

Clean Air Act. All other regulated contaminants will be assessed a fee at a rate of

twelve dollars per ton. The minimum fee will be five hundred dollars per source.

3. In determining the amount due, that portion of any regulated contaminant which is emitted in

excess of four thousand tons [3628.74 metric tons] per year will be exempt from the fee

calculation.

4. Each boiler with a heat input greater than two hundred fifty million British thermal units per

hour will be assessed fees on an individual basis and independent of the fees associated with

the rest of the installation. The four thousand ton [3628.74 metric ton] per year cap referenced

in subsection 3 is applied to each boiler.

5. Any state-owned or local government-owned facility is exempt from the fee.

6. The fee calculation must be based upon actual annual emissions from the previous calendar

year.

7. The fee must be calculated independently for each installation, facility, source, or unit which

has been issued a separate permit to operate. 

8. The fee rates and the limits established under subsection 2 may be adjusted on an annual

basis to account for any increase in the consumer price index published by the department of

labor, as of the close of the twelve-month period ending on August thirty-first of each calendar

year.

9. Any source that qualifies as a "small business" under section 507 of the Federal Clean Air Act

may petition the department to reduce or exempt any fee required under this section.

Sufficient documentation of the petitioner's financial status must be submitted with the request

to allow the department to evaluate the request.

10. The department shall send a notice, identifying the amount of the annual permit fee, to the

owner or operator of each affected source. The fee is due within sixty days following the date

of such notice.

11. Greenhouse gases are exempt from the fees in this section.

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