Chapter 

33-15-01 

33-15-02 

33-15-03 

33-15-04 

33-15-05 

33-15-06 

33-15-07 

33-15-08 

33-15-09 

33-15-10
 

33-15-11
 

33-15-12
 

33-15-13
 

33-15-14
 

33-15-15 

33-15-16 

33-15-17 

33-15-18 

33-15-19 

33-15-20 

33-15-21 

33-15-22 

33-15-23 

33-15-24 

33-15-25 

Section 

33-15-01-01 

33-15-01-02 

33-15-01~03

33-15-01-04 

33-15-01-05 

33-15-01-06 

33-15-01-07 

33-15-01-08 

33-15-01 -09 

33-15-01-10 

ARTICLE 33-15 

AIR POLLUTION CONTROL 

General Provisions 

Ambient Air Quality Standards 

Restriction of Emission of Visible Air Contaminants 

Open Burning Restrictions 

Emissions of Particulate Matter Restricted 

Emissions of Sulfur Compounds Restricted 

Control of Organic Compounds Emissions 

Control of Air Pollution From Vehicles and Other Internal 

Combustion Engines 

Emission of Certain Settleable Acids and Alkaline Substances 

Restricted [Repealed] 

Control of Pesticides 

Prevention of Air Pollution Emergency Episodes 

Standards of Performance for New Stationary Sources 

Emission Standards for Hazardous Air Pollutants 

Designated Air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit to Operate 

Prevention of Significant Deterioration of Air Quality 

Restriction of Odorous Air Contaminants 

Restriction of Fugitive Emissions 

Stack Heights 

Visibility Protection 

Control of Emissions From Oil and Gas Well Production Facilities 

Acid Rain Program 

Emissions Standards for Hazardous Air Pollutants for Source 

Categories 

Fees 

Standards for Lead-Based Paint Activities 

Regional Haze Requirements 

CHAPTER 33-15-01
 

GENERAL PROVISIONS
 

Purpose
 

Scope
 

Authority
 

Definitions
 

Abbreviations
 

Entry Onto Premises - Authority
 

Variances
 

Circumvention
 

Severability
 

Land Use Plans and Zoning Regulations
 

1 4/2009 
33-15-01-11 [ReseNed] \

33-15-01-12 Measurement of Emissions of Air Contaminants 

33-15-01-13 Shutdown and Malfunction of an Instal/ation - Requirement 

for Notification 

33-15-01-14 Time Schedule for Compliance 

33-15-01-15 Prohibition of Air Pollution 

33-15-01-16 Confidentiality of Records 

33-15-01-17 Enforcement 

33-15-01-18 Compliance Certifications 

33-15-01-01. Purpose. It is the purpose of these air quality standards and 

emission regulations to state such requirements as shall be required to achieve 

and maintain the best air quality possible, consistent with the best available control 

technology, to protect human health, welfare, and property to prevent injury to plant 

and animal life, to promote the economic and social development of this state, to 

foster the comfort and convenience for the people, and to facilitate the enjoyment 

of the natural attractions of this state. 

General Authority: NDCC 23-25-03 

Law Implemented: NDCC 23-25-01.1 

33-15-01-02. Scope. These air quality standards and emission regulations 

apply to any source or emission existing partially or wholly within North Dakota. 

General Authority: NDCC 23-25-03 

Law Implemented: NDCC 23-25-03 

33-15-01-03. Authority. The North Dakota state department of health has 

been authorized to prOVide and administer this article under the provisions of North 

Dakota Century Code chapter 23-25. 

History: Amended effective September 1, 1997. 

General Authority: NDCC 23-25-02 

Law Implemented: NDCC 23-25-02 

33-15-01-04. Definitions. As used in this article, except as otherwise 

specifically provided or when the context indicates otherwise, the following words 

shall have the meanings ascribed to them in this section: 

1.	 "Act" means North Dakota Century Code chapter 23-25. 

2.	 "Air contaminant" means any solid, liquid, gas, or odorous substance or 

any combination thereof emitted to the ambient air. 

3.	 "Air pollution" means the presence in the outdoor atmosphere of one or 

more air contaminants in such quantities and duration as is or may be 

injurious to human health, welfare, or property or animal or plant life, or 

which unreasonably interferes with the enjoyment of life or property. 

4n009	 . 2 
, 33-15-01-11. [Reserved]

\ 

~-15-01-12. Measurement of emissions of air contaminants. 

\ 

1.. "'Sampling and testing. The department may reasonably require 

a~y person responsible for emission of air contamincy:lts to make or 

hav~ made tests, at a reasonable time or intervat,./to determine the 

emission of air contaminants from any sourc~.{·for the purpose of 

deternqining whether the person is in violati~/of any standard under 

this arn~le or to satisfy other requireme~s under the North Dakota 

Century «ode chapter 23-25. All tests ynall be made and the results 

calculate~in accordance with test pr,9Cedures approved or specified 

by the dep~rtment. All tests shall be/conducted by reputable, qualified 

personnel. he department shall gi given a copy of the test results in 

writing and SI ned by the persory{esponsible for the tests. 

\ / . 

The owner or operator of as'Ource shall notify the department using 

forms supplied ~y the de~rtment, or its equivalent, at least thirty 

calendar days in i\dvancejof any tests of emissions of air contaminants 

required by the del(~rtl'l)Emt. Advanced notification for all other testing 

will be consistent W\t~,,{he requirements of the appropriate regulations 

but in no case will less than thirty calendar days. If the owner or 

operator of a soUP6:~iS unable to conduct the performance test on 

the scheduled .dGlle, th~wner or operator of a source shall notify the 

department as loon as racticable when conditions warrant and shall 

coordinate a new test da e with the department. / . ,.-" \ 

Failure to 9f\Je the proper no~ification may prevent the department from 

observing/the test. If the d~partment is unable to observe the test 

becaus;./of improper notificatio\" the test results may be rejected. 

,	 \ 

2.	 The «;fepartment may make tests\ The department may conduct tests 

of er-nissions of air contaminants fr any source. Upon request of the 

de¢'artment. the person responsible r the source to be tested shall 

provide necessary holes in stacks or cts and such other safe and 

proper sampling and testing facilities, elusive of instruments and 

,lsensing devices as may be necessary for per determination of the 

/ emission of air contaminants. 

/ 

HiS~OI.: Amended effective June 1, 2001. 

Gen. al Authority: NDCC 23-25-03, 23-25-04 

La	 Implemented: NDCC 23-25-03, 23-25-04 

33-15-01-13. Shutdown and malfunction of an installation -

ReqUirement for notification. 

1.	 Maintenance shutdowns. In the case of shutdown of air pollution 

control equipment for necessary scheduled maintenance, the intent to 

shut down such equipment shall be reported to the department at least 

13 
twenty-four hours prior to the planned shutdown provided that the air 

contaminating source will be operated while the control equipment is 

not in service. Such prior notice shall include the following: 

a.	 Identification of the specific facility to be taken out of service as well 

as its location and permit number. 

b.	 The expected length of time that the air pollution control equipment 

will be out of service. 

c.	 The nature and estimated quantity of emissions of air pollutants 

likely to be emitted during the shutdown period. 

d.	 Measures such as the use of off-shift labor and equipment that will 

be taken to minimize the length of the shutdown period. 

e.	 The reasons that it would be impossible or impractical to shut down 

the source operation during the maintenance period. 

f.	 Nothing in this subsection shall in any manner be construed as 

authorizing or legalizing the emission of air contaminants in excess 

of the rate allowed by this article or a permit issued pursuant to this 

article. 

2.	 Malfunctions. 

a.	 When a malfunction in any installation occurs that can be expected 

to last longer than twenty-four hours and cause the emission of air 

contaminants in violation of this article or other applicable rules and 

regulations, the person responsible for such installation shall notify 

the department of such malfunction as soon as possible during 

normal working hours. The notification must contain a statement 

giving all pertinent facts, including the estimated duration of the 

breakdown. The department shall be notified when the condition 

causing the malfunction has been corrected. 

b.	 Immediate notification to the department is required for any 

malfunction that would threaten health or welfare, or pose an 

imminent danger. During normal working hours the department 

can be contacted at 701-328-5188. After hours the department 

can be contacted through the twenty-four-hour state radio 

emergency number 1-800-472-2121. If calling from out of state, 

the twenty-four-hour number is 701-328-9921. 

c.	 Unavoidable malfunction. The owner or operator of a source 

who believes any excess emissions resulted from an unavoidable 

malfunction shall submit a written report to the department which 

includes evidence that 

4/2009	 14 
(1)	 The excess emissions were caused by a sudden, 

unavoidable breakdown of technology that was beyond 

the reasonable control of the owner or operator. 

(2)	 The excess emissions could not have been avoided by better 

operation and maintenance, did not stem from an activity or 

event that could have been foreseen and avoided or planned 

for. 

(3)	 To the extent practicable, the source maintained and 

operated the air pollution control equipment and process 

equipment in a manner consistent with good practice for 

minimizing emissions, including minimizing any bypass 

emissions. 

(4)	 Any necessary repairs were made as quickly as practicable, 

using off-shift labor and overtime as needed and possible. 

(5)	 All practicable steps were taken to minimize the potential 

impact of the excess emissions on ambient air quality. 

(6)	 The excess emissions are not part of a recurring pattern 

that may have been caused by inadequate operation or 

maintenance or inadequate design of the malfunctioning 

equipment. 

The report shall be submitted within thirty days of the end of the 

calendar quarter in which the malfunction occurred or within thirty 

days of a written request by the department. whichever is sooner. 

The burden of proof is on the owner or operator of the source to 

provide sufficient information to demonstrate that an unavoidable 

equipment malfunction occurred. The department may elect not 

to pursue enforcement action after considering whether excess 

emissions resulted from an unavoidable equipment malfunction. 

The department will evaluate, on a case-by-case basis, the 

information submitted by the owner or operator to determine 

whether to pursue enforcement action. 

3.	 Continuous emission monitoring system failures. When a failure 

of a continuous emission monitoring system occurs, an alternative 

method for measuring or estimating emissions must be undertaken 

as soon as possible. The owner or operator of a source that uses an 

alternative method shall have the burden of demonstrating that the 

15	 4/2009 
method is accurate. Timely repair of the emission monitoring system 

must be made. 

History: Amended effective October 1, 1987; January 1, 1989; June 1, 1992;
 

September 1, 1997; January 1, 2007; April 1, 2009.
 

General Authority: NDCC 23-25-03, 23-25-04
 

Law Implemented: NDCC 23-25-03. 23-25-04