CHAPTER 33-15-12

STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

Section

33-15-12-01 General Provisions [Repealed]

33-15-12-01.1 Scope

33-15-12-02 Standards of Performance

33-15-12-03 [Reserved]

33-15-12-04 Standards of Performance [Repealed]

33-15-12-01. General provisions. Repealed effective June 1, 1992.

33-15-12-01.1. Scope. 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 2, 2010, which are listed under section 33-15-12-02 are incorporated

into this chapter by reference. Any changes to the standards of performance are

listed below the title of the standard.

History: Effective June 1, 1992; amended effective December 1, 1994; January 1,

1996; September 1, 1997; September 1, 1998; June 1, 2001; March 1, 2003;

February 1, 2005; April 1, 2009; April 1, 2011.

General Authority: NDCC 23-25-03

Law Implemented: NDCC 23-25-03

33-15-12-02. Standards of performance.

Subpart A - General provisions.

*60.2. The denition 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 cannot be delegated, administrator means the

administrator of the United States environmental protection agency.

Subpart C - Emission guidelines and compliance times.

Subpart Cc - Emissions guidelines and compliance times for municipal solid

waste landlls.

Designated facilities to which this subpart applies shall comply with the

requirements for state plan approval in 40 CFR parts 60.33c, 60.34c,

and 60.35c, except that quarterly surface monitoring for methane under

part 60.34c shall only be required during the second, third, and fourth

quarters of the calendar year.

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Designated facilities under this subpart shall:

1. Submit a nal control plan for department review and approval

within twelve months of the date of the United States environmental

protection agency’s approval of this rule, or within twelve months

of becoming subject to this rule, whichever occurs later.

2. Award contracts for control systems/process modication within

twenty-four months of the date of the United States environmental

protection agency’s approval of this rule, or within twenty-four

months of becoming subject to the rule, whichever occurs later.

3. Initiate onsite construction or installation of the air pollution control

device or process changes within twenty-seven months of the date

of the United States environmental protection agency’s approval of

this rule, or within twenty-seven months of becoming subject to the

rule, whichever occurs later.

4. Complete onsite construction or installation of the air pollution

control device or devices or process changes within twenty-nine

months of the United States environmental protection agency’s

approval of this rule, or within twenty-nine months of becoming

subject to the rule, whichever is later.

5. Conduct the initial performance test within one hundred eighty days

of the installation of the collection and control equipment. A notice

of intent to conduct the performance test must be submitted to the

department at least thirty days prior to the test.

6. Be in nal compliance within thirty months of the United States

environmental protection agency’s approval of this rule, or within

thirty months of becoming subject to the rule, whichever is later.

Subpart Ce - Emission guidelines and compliance times for

hospital/medical/infectious waste incinerators.

Except as noted below, designated facilities to which this rule applies

shall comply with the minimum requirements for state plan approval

listed in subpart Ce.

*60.39e(a) is deleted in its entirety.

*60.39e(b) is deleted in its entirety and replaced with the following:

(b) Except as provided in paragraphs c and d of this section,

designated facilities shall comply with all requirements

of this subpart within one year of the United States

environmental protection agency’s approval of the state plan

for hospital/medical/infectious waste incinerators regardless of

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whether a designated facility is identied in the state plan. Owners

or operators of designated facilities who will cease operation of

their incinerator to comply with this rule shall notify the department

of their intention within six months of state plan approval.

*60.39e(c) is deleted in its entirety and replaced with the following:

(c) Owners or operators of designated facilities planning to install

the necessary air pollution control equipment to comply with

the applicable requirements may petition the department for an

extension of the compliance time of up to three years after the

United States environmental protection agency’s approval of the

state plan, but not later than September 16, 2002, for the emission

guidelines promulgated on September 15, 1997, and not later

than October 6, 2014, for the emission guidelines promulgated on

October 6, 2009, provided the facility owner or operator complies

with the following:

1. Submits a petition to the department for site specic operating

parameters under 40 CFR 60.56c(i) of subpart Ec within thirty

months of approval of the state plan and sixty days prior to

the performance test.

2. Provides proof to the department of a contract for

obtaining services of an architectural or engineering rm or

architectural and engineering rm regarding the air pollution

control device within nine months of state plan approval.

3. Submits design drawings to the department of the air pollution

control device within twelve months of state plan approval.

4. Submits to the department a copy of the purchase order or

other documentation indicating an order has been placed for

the major components of the air pollution control device within

sixteen months after state plan approval.

5. Submits to the department the schedule for delivery of the

major components of the air pollution control device within

twenty months after state plan approval.

6. Begins initiation of site preparation for installation of the air

pollution control device within twenty-two months after state

plan approval.

7. Begins initiation of installation of the air pollution control

device within twenty-ve months after state plan approval.

8. Starts up the air pollution control device within twenty-eight

months after state plan approval.

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9. Noties the department of the performance test thirty days

prior to the test.

10. Conducts the performance test within one hundred eighty

days of the installation of the air pollution control device.

11. Submits a performance test report which demonstrates

compliance within thirty-six months of state plan approval.

*60.39e(d) is deleted in its entirety and replaced with the following:

1. Designated facilities petitioning for an extension of the compliance

time in paragraph b of this section shall, within six months after the

United States environmental protection agency’s approval of the

state plan, submit:

i. Documentation of the analyses undertaken to support

the need for more than one year to comply, including an

explanation of why up to three years after United States

environmental protection agency approval of the state plan

is sufcient to comply with this subpart while one year is

not. The documentation shall also include an evaluation

of the option to transport the waste offsite to a commercial

medical waste treatment and disposal facility on a temporary

or permanent basis; and

ii. Documentation of measurable and enforceable incremental

steps of progress to be taken toward compliance with this

subpart.

2. The department shall review any petitions for the extension of

compliance times within thirty days of receipt of a complete

petition and make a decision regarding approval or denial. The

department shall notify the petitioner in writing of its decision within

forty-ve days of the receipt of the petition. All extension approvals

must include incremental steps of progress. For those sources

planning on installing air pollution control equipment to comply

with this subpart, the incremental steps of progress included in

40 CFR 60.39e(c) shall be included as conditions of approval of

the extension.

3. Owners or operators of facilities which received an extension to

the compliance time in this subpart shall be in compliance with the

applicable requirements on or before the date three years after

United States environmental protection agency approval of the

state plan but not later than September 16, 2002, for the emission

guidelines promulgated on September 15, 1997. For the amended

emission guidelines published on October 6, 2009, compliance

with the applicable requirements shall be attained on or before

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the date three years after United States environmental protection

agency approval of the amended state plan but not later than

October 6, 2014.

*60.39e(f) is deleted in its entirety.

After the compliance dates specied in this subpart, an owner or operator

of a facility to which this subpart applies shall not operate any such unit in

violation of this subpart.

Subpart D - Standards of performance for fossil-fuel red steam generators

for which construction is commenced after August 17, 1971.

Subpart Da - Standards of performance for electric utility steam generating

units for which construction is commenced after September 18, 1978.

*The limits and other requirements for mercury are deleted.

Subpart Db - Standards of performance for

industrial-commercial-institutional steam generating units.

Subpart Dc - Standards of performance for small

industrial-commercial-institutional steam generating units.

Subpart E - Standards of performance for incinerators.

Subpart Ea - Standards of performance for municipal waste combustors

for which construction is commenced after December 20, 1989, and on or

before September 20, 1994.

Subpart Ec - Standards of performance for hospital/medical/infectious waste

incinerators for which construction is commenced after June 20, 1996.

Subpart F - Standards of performance for portland cement plants.

Subpart G - Standards of performance for nitric acid plants.

Subpart H - Standards of performance for sulfuric acid plants.

Subpart I - Standards of performance for hot mix asphalt facilities.

Subpart J - Standards of performance for petroleum reneries.

Subpart K - Standards of performance for storage vessels for petroleum

liquids for which construction, reconstruction, or modication commenced

after June 11, 1973, and prior to May 19, 1978.

*60.110(c) is deleted in its entirety and replaced with the following:

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(c) Any facility under part 60.110(a) that commenced construction,

reconstruction, or modication after July 1, 1970, and prior to

May 19, 1978, is subject to the requirements of this subpart.

Subpart Ka - Standards of performance for storage vessels for petroleum

liquids for which construction, reconstruction, or modication commenced

after May 18, 1978, and prior to July 23, 1984.

Subpart Kb - Standards of performance for volatile organic liquid storage

vessels (including petroleum liquid storage vessels) for which construction,

reconstruction, or modication commenced after July 23, 1984.

Subpart O - Standards of performance for sewage treatment plants.

Subpart T - Standards of performance for the phosphate fertilizer industry:

wet-process phosphoric acid plants.

Subpart U - Standards of performance for the phosphate fertilizer industry:

superphosphoric acid plants.

Subpart V - Standards of performance for the phosphate fertilizer industry:

diammonium phosphate plants.

Subpart W - Standards of performance for the phosphate fertilizer industry:

triple superphosphate plants.

Subpart X - Standards of performance for the phosphate fertilizer industry:

granular triple superphosphate storage facilities.

Subpart Y - Standards of performance for coal preparation plants.

Subpart Z - Standards of performance for ferroalloy production facilities.

Subpart AA - Standards of performance for steel plants: electric arc

furnaces: constructed after October 21, 1974, and before August 17, 1983.

Subpart AAa - Standards of performance for steel plants: electric arc

furnaces and argon-oxygen decarburization vessels constructed after

August 17, 1983.

Subpart CC - Standards of performance for glass manufacturing plants.

Subpart DD - Standards of performance for grain elevators.

Subpart EE - Standards of performance for surface coatings of metal

furniture.

Subpart FF - [Reserved]

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Subpart GG - Standards of performance for stationary gas turbines.

Subpart HH - Standards of performance for lime manufacturing plants.

Subpart KK - Standards of performance for lead-acid battery manufacturing

plants.

Subpart LL - Standards of performance for metallic mineral processing

plants.

Subpart MM - Standards of performance for automobile and light-duty truck

surface coating operations.

Subpart NN - Standards of performance for phosphate rock plants.

Subpart PP - Standards of performance for ammonium sulfate manufacture.

Subpart QQ - Standards of performance for the graphic arts industry:

publication rotogravure printing.

Subpart RR - Standards of performance for pressure-sensitive tape and

label surface coating operations.

Subpart SS - Standards of performance for industrial surface coating: large

appliances.

Subpart TT - Standards of performance for metal coil surface coating.

Subpart UU - Standards of performance for asphalt processing and asphalt

roong manufacture.

Subpart VV - Standards of performance for equipment leaks of volatile

organic compound (VOC) emissions in the synthetic organic chemicals

manufacturing industry.

Subpart VVa - Standards of performance for equipment leaks of VOC in the

synthetic organic chemicals manufacturing industry for which construction,

reconstruction, or modication commenced after November 7, 2006.

Subpart WW - Standards of performance for the beverage can surface

coating industry.

Subpart XX - Standards of performance for bulk gasoline terminals.

Subpart AAA - Standards of performance for new residential wood heaters.

Subpart BBB - Standards of performance for the rubber tire manufacturing

industry.

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Subpart CCC - [Reserved]

Subpart DDD - Standards of performance for volatile organic compound

(VOC) emissions for the polymer manufacturing industry.

Subpart EEE - [Reserved]

Subpart FFF - Standards of performance for exible vinyl and urethane

coating and printing.

Subpart GGG - Standards of performance for equipment leaks of volatile

organic compound (VOC) emissions in petroleum reneries.

Subpart HHH - Standards of performance for synthetic ber production

facilities.

Subpart III - Standards of performance for volatile organic compound (VOC)

emissions from the synthetic organic chemical manufacturing industry

(SOCMI) air oxidation unit processes.

Subpart JJJ - Standards of performance for petroleum drycleaners.

Subpart KKK - Standards of performance for equipment leaks of volatile

organic compound (VOC) emissions from onshore natural gas processing

plants.

Subpart LLL - Standards of performance for onshore natural gas processing;

SO2 emissions.

Subpart NNN - Standards of performance for volatile organic compound

(VOC) emissions from synthetic organic chemical manufacturing industry

(SOCMI) distillation operations.

Subpart OOO - Standards of performance for nonmetallic mineral

processing plants.

Subpart PPP - Standards of performance for wool berglass insulation

manufacturing plants.

Subpart QQQ - Standards of performance for volatile organic compound

(VOC) emissions from petroleum renery wastewater systems.

Subpart RRR - Standards of performance for volatile organic compound

(VOC) emissions from synthetic organic chemical manufacturing industry

(SOCMI) reactor processes.

Subpart SSS - Standards of performance for magnetic tape coating facilities.

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Subpart TTT - Standards of performance for industrial surface coating:

surface coating of plastic parts for business machines.

Subpart UUU - Standards of performance for calciners and dryers in mineral

industries.

Subpart VVV - Standards of performance for polymetric coating of

supporting substrates facilities.

Subpart WWW - Standards of performance for municipal solid waste

landlls.

Subpart AAAA - Standards of performance for small municipal waste

combustion units for which construction is commenced after August 30,

1999, or for which modication or reconstruction is commenced after

June 6, 2001.

Subpart CCCC - Standards of performance for commercial and industrial

solid waste incineration units for which construction is commenced

after November 30, 1999, or for which modication or reconstruction is

commenced on or after June 1, 2001.

Subpart DDDD - Emission guidelines and compliance times for commercial

and industrial solid waste incinerator units that commenced construction on

or before November 30, 1999.

Except as provided below, designated facilities to which this rule applies shall

comply with 40 CFR 60.2575 through 60.2875, including tables 1 through 5.

In the rule, you means the owner or operator of a commercial or industrial

solid waste incineration unit.

Table 1 of the rule is deleted and replaced with the following:

Table 1 to Subpart DDDD - Model Rule

Increments of Progress and Compliance Schedules

Comply with these increments of progress By these dates

Increment 1 - Submit nal control plan ........ One year after EPA approval of

the state plan or December 1,

2004, whichever comes rst.

Increment 2 - Final compliance ................ Three years after EPA approval

of the state plan or December 1,

2005, whichever comes rst.

Subpart IIII - Standards of performance for stationary compression ignition

internal combustion engines.

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Subpart JJJJ - Standards of performance for stationary sparks ignition

internal combustion engines.

Subpart KKKK - Standards of performance for stationary combustion

turbines.

Appendix A - Test methods.

Appendix B - Performance specications.

Appendix C - Determination of emission rate changes.

Appendix D - Required emission inventory information.

Appendix E - [Reserved]

Appendix F - Quality assurance procedures.

Appendix I - Removable label and owner’s manual.

History: Effective June 1, 1992; amended effective March 1, 1994; December 1,

1994; January 1, 1996; September 1, 1997; September 1, 1998; June 1, 2001;

March 1, 2003; February 1, 2005; January 1, 2007; April 1, 2009; April 1, 2011.

General Authority: NDCC 23-25-03

Law Implemented: NDCC 23-25-03

33-15-12-03. [Reserved]

33-15-12-04. Standards of performance. Repealed effective June 1,

1992.

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