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 ofVisible Air Contaminants Open Burning Restrictions Emissions of Particulate Matter Restricted Emissions ofSulfur Compounds Restricted Control ofOrganic 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Vehicles and Other Internal Combustion Engines Emission of Certain Settleable Acids and Alkaline Substances Restricted [Repealed] Control of Pesticides Prevention ofAir Pollution Emergency Episodes Standards of Performance for New Stationary Sources Emission Standards for Hazardous Air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 ofSignificant Deterioration ofAir Quality Restriction ofOdorous 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 PaintActivities 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 4/200933-15-01-11 [ReseNed]

\ 33-15-01-12 Measurement of Emissions ofAir 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 ofAir 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 ofthese air quality standards and emission regulations to state such requirements as shall be required to achieve and maintainthe bestairquality possible, consistentwith the bestavailable control technology, to protect human health,welfare, and propertyto prevent injuryto plant and animal life, to promote the economic and social development ofthis state, to foster the comfort and convenience for the people, and to facilitate the enjoyment of the natural attractions ofthis 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 orwholly 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 ofhealth has been authorizedto prOVide and administerthis article underthe provisions of North Dakota Century Code chapter 23-25.

History: Amended effective September 1, 1997. GeneralAuthority: 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. "Aircontaminant" means any solid, liquid, gas, orodoroussubstance or any combination thereofemitted to the ambient air.

3. "Air pollution" means the presence in the outdooratmosphere ofone or
more air contaminants in such quantities and duration as is or may be injurious to human health, welfare, or property oranimal or plant life, or which unreasonably interferes with the enjoyment oflife or property.



### 4n009

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

### \

### ~-15-01-12. Measurementofemissions ofaircontaminants. 

### \ 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 testsynall 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 

### gigiven a copy ofthe 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\dvancejofany tests ofemissions ofair contaminants required by the**del(~rtl'l)Emt.** Advanced notification for all other testing will be consistent**W\t~,,{he** requirements ofthe appropriate regulations but in no case will less than thirty calendar days. Ifthe 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 ewith the department. 

### /



## . ,.-" \ Failure to 

### 9f\Jethe proper**no~ification** may preventthe departmentfrom 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 maketests\The department may conduct tests ofer-nissions ofair contaminants fr any source. Upon request ofthe 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 ofthe / emission of air contaminants.

/

### HiS~O I.: 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

13twenty-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. Identificationofthe specificfacilityto be taken outofserviceas well

as its location and permit number.

b. The expected length oftime thatthe air pollution control equipment will be out ofservice.

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 ofoff-shift laborand equipmentthatwill be taken to minimize the length ofthe shutdown period.

e. The reasons that itwould be impossible or impracticalto shutdown the source operation during the maintenance period.

f. Nothing in this subsection shall in any manner be construed as authorizing or legalizing the emission ofaircontaminants in excess ofthe rate allowed by this article orapermit issued pursuantto this article.



### 2. Malfunctions.

a. When a malfunction in any installation occursthat can be expected to last longerthan twenty-four hours and cause the emission ofair contaminants in violation ofthis article orotherapplicable rules and regulations, the person responsible forsuch installationshall 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 ofthe owner or operator.

(2) The excess emissions could not have been avoided by better operation and maintenance, did not stem from an activity or eventthat could have beenforeseen and avoided orplanned 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 ofthe 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 ofthe end ofthe calendar quarter in which the malfunction occurred orwithin thirty days ofa written request by the department. whichever is sooner.

The burden of proof is on the owner or operator ofthe 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 4/2009method is accurate. Timely repair ofthe 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