**CHAPTER 33-15-12**  **ST ANDARDS**  **OF PERFORMANCE**  **FOR NEW**  **ST A**  **TIONAR Y**  **SOURCES** Section 33-15-12-01 General Provisions [Repealed] 33-15-12-01.1 Scope 33-15-12-02 Standards of Performance 33-15-12-03 [Reserved] 33-15-12-04 Standards of Performance [Repealed] **33-15-12-01. General**  **provisions.** Repealed ef fective June 1, 1992. **33-15-12-01.1. Scope.**  Except as noted below the title of the subpart, the subparts and appendices oftitle 40, Code of Federal Regulations, part 60, as they exist on July 2, 2010, which are listed undersection 33-15-12-02 are incorporated into this chapter by reference. Any changes to the standards of performance are listed below the title ofthe standard. **History:** Ef fective June 1, 1992; amended ef fective 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: Administratormeansthedepartmentexceptforthosedutiesthatcannot be delegated by the United States environmental protection agency. For those duties that cannot be delegated, administrator means the administratorofthe United States environmental protection agency. Subpart C
- Emission guidelines and compliance times. SubpartCc
- Emissions guidelines and compliance timesformunicipal solid waste landlls. Designated facilities to which this subpart applies shall complywith the requirements for state plan approval in 40 CFR parts 60.33c, 60.34c, and 60.35c, exceptthatquarterlysurface monitoring formethane under part 60.34c shall only be required during the second, third, and fourth quarters ofthe calendar year.

1 4/2011Designated facilities under this subpart shall: 1. Submit a nal control plan for department review and approval withintwelve monthsofthedateofthe United Statesenvironmental protection agency’s approval of this rule, or within twelve months of becoming subject to this rule, whichever occurs later

. 2. A ward contracts for control systems/process modication within twenty-four months ofthe date ofthe United States environmental protection agency’s approval of this rule, or within twenty-four months of becoming subject to the rule, whicheveroccurs later

. 3. Initiate onsite construction or installation ofthe air pollution control device orprocess changeswithin twenty-seven months ofthe date ofthe United States environmental protection agency’s approval of this rule, orwithin twenty-seven months ofbecoming subjecttothe 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. Conductthe initial performancetestwithin one hundred eightydays ofthe installation ofthe collection and control equipment. A notice of intent to conduct the performance test must be submitted to the department at least thirty days priorto 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 4/2011 2whethera designated facility is identied in the state plan. Owners or operators of designated facilities who will cease operation of their incineratorto complywith this rule shall notifythe department oftheir intention within six months ofstate 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 laterthan September 16, 2002, forthe emission guidelines promulgated on September 15, 1997, and not later than October 6, 2014, forthe emission guidelines promulgated on October 6, 2009, provided the facility owner or operator complies with the following: 1. Submitsapetitiontothedepartmentforsitespecicoperating parameters under40 CFR60.56c(i)ofsubpartEcwithinthirty 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 ofstate plan approval. 3. Submitsdesigndrawingstothedepartmentoftheairpollution control device within twelve months ofstate plan approval. 4. Submits to the department a copy of the purchase order or otherdocumentation indicating an order has been placed for the majorcomponentsoftheairpollution controldevicewithin 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 afterstate plan approval. 8. Starts up the air pollution control device within twenty-eight months after state plan approval. 3 4/20119. Noties the department of the performance test thirty days prior to the test. 10. Conducts the performance test within one hundred eighty days ofthe installation ofthe air pollution control device. 11. Submits a performance test report which demonstrates compliance within thirty-six months ofstate plan approval. *60.39e(d) is deleted in its entirety and replaced with the following: 1. Designated facilities petitioning foran extension ofthe compliance time in paragraph b ofthis section shall, within six months afterthe 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 of fsite to a commercial medical waste treatmentand disposal facilityon 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 departmentshall notifythe petitionerin writing ofits decision within forty-ve days ofthe receiptofthe 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 laterthan September 16, 2002, forthe emission guidelines promulgated on September 15, 1997. Forthe amended emission guidelines published on October 6, 2009, compliance with the applicable requirements shall be attained on or before 4/2011 4the 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 forfossil-fuel red steam generators forwhich construction is commenced afterAugust 17, 1971. Subpart Da
- Standards of performance for electric utility steam generating units forwhich 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. SubpartEc
-Standardsofperformanceforhospital/medical/infectiouswaste incinerators forwhich construction is commenced afterJune 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 asphaltfacilities. 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:
5 4/2011(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 ofthis 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) forwhich construction, reconstruction, or modication commenced afterJuly 23, 1984. Subpart O
- Standards of performance forsewage 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. SubpartW
- Standards of performance forthe phosphate fertilizer industry: triple superphosphate plants. Subpart X
- Standards of performance for the phosphate fertilizer industry: granular triple superphosphate storage facilities. SubpartY
- Standards of performance for coal preparation plants. Subpart Z
- Standards of performance forferroalloy production facilities. Subpart AA
- Standards of performance for steel plants: electric arc furnaces: constructed after October21, 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 forglass manufacturing plants. Subpart DD
- Standards of performance for grain elevators. Subpart EE
- Standards of performance for surface coatings of metal furniture. Subpart FF
- [Reserved]
4/2011 6Subpart GG
- Standards of performance forstationary gas turbines. Subpart HH
- Standards of performance for lime manufacturing plants. Subpart KK
- Standards ofperformance for lead-acid battery manufacturing plants. Subpart LL
- Standards of performance for metallic mineral processing plants. Subpart MM
- Standards ofperformance forautomobile and light-dutytruck surface coating operations. Subpart NN
- Standards of performance for phosphate rock plants. Subpart PP
- Standardsofperformanceforammonium 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 ofperformance for industrial surface coating: large appliances. Subpart TT
- Standards of performance for metal coil surface coating. Subpart UU
- Standards of performance forasphalt 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

. SubpartVV a - Standards ofperformance forequipment leaks ofVOC 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

. SubpartXX
- Standards of performance for bulk gasoline terminals. SubpartAAA
- Standards of performance for new residential wood heaters. Subpart BBB
- Standards of performance for the rubber tire manufacturing industry

. 7 4/2011Subpart CCC
- [Reserved] Subpart DDD
- Standards of performance for volatile organic compound (VOC) emissions forthe 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 ofperformanceforvolatile organiccompound (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. SubpartLLL
-Standardsofperformanceforonshore 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nerywastewater systems. Subpart RRR
- Standards of performance for volatile organic compound (VOC) emissions from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. SubpartSSS
-Standardsofperformanceformagnetictapecoatingfacilities.

4/2011 8Subpart TTT
- Standards of performance for industrial surface coating: surface coating of plastic parts for business machines. Subpart UUU
- Standardsofperformanceforcalciners 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 forcommercial and industrial solid waste incinerator units that commenced construction on or before November 30, 1999. Exceptasprovided below, designatedfacilitiestowhichthisruleappliesshall complywith 40 CFR60.2575 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. T able 1 ofthe rule is deleted and replaced with the following: T able 1 to Subpart DDDD
- Model Rule Increments of Progress and Compliance Schedules Complywith these increments of progress By these dates Increment 1
- Submitnal control plan

........ One year after EP A approval of the state plan or December 1, 2004, whichever comes rst. Increment 2
- Final compliance

................ Three years after EP A approval ofthestate plan orDecember 1, 2005, whichever comes rst. Subpart IIII
- Standards of performance for stationary compression ignition internal combustion engines.

9 4/2011Subpart JJJJ
- Standards of performance for stationary sparks ignition internal combustion engines. Subpart KKKK
- Standards of performance for stationary combustion turbines. Appendix A
- T est methods. Appendix B
- Performance specications. Appendix C
- Determination ofemission 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:** Ef fective June 1, 1992; amended ef fective 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 ef fective June 1, 1992.

4/2011 10