### FINAL Revisions to
ImplementationPlanforthe Control ofAirPollution

and

TheAirPollutionControl Rules

ofthe State ofNorthDakota

NorthDakotaDepartmentofHealth Division ofAirQuality AirPollution Control Program 918 E Divide Avenue Bismarck,NorthDakota58501-1947

April 2014

### Revisions to the ImplementationPlan for the Control ofAir Pollution for the TABLE OF CONTENTS

State ofNorth Dakota........................................................................................... SectionI
Hearing Record..................................................................................................... SectionII

State Laws............................................................................................................. Section III

Revisions to the Air Pollution Control Rules ofthe Stateof NorthDakota......................................................................................................... Section IV
Legal Opinionofthe Attorney General.................................................................................................................. SectionV
AppendixA: Underline/StrikeoutVersion ofthe Rule Revisions (not PartofSIP Submittal)

### CHAPTER 11 SECTIONI

FINAL

REVISION TOTHE IMPLEMENTATION PLAN FORTHE CONTROL OF AIRPOLLUTION

FORTHE STATE OF NORTHDAKOTA

- SECTION 11.25, Regulation Revisions

### Chapter 11 Section 11.25 Regulation Revisions PublicHearing November 12, 2013

Chapter 23-25 ofthe North DakotaCentury Code provides the legal authority that empowers the North Dakota Department ofHealthto implement the Air Pollution Control Lawfor the State of North Dakota. Article 33-15 "Air Pollution Control" ofthe North Dakota Administrative Code containsthe rules andregulations implementedto control airpollutioninthe State. Article 33-15 consists of25 chapters numbered from 33-15-01 through 33-15-25. There are several different processes by which EPA delegates authority to the State to manage and protect the air quality

resources of the State. Historically, the State has gained such authority through the State Implementation Plan process. Two other processes are also used. The first is through direct delegationprocedures andthe second involvesrules thatdeal withTitle V authorities inthe Clean AirAct.
Changes to the following chapters are being submitted as revisions to the State Implementation Plan:

33-15-01

33-15-02

33-15-03

33-15-04

33-15-06

33-15-15

33-15-23 General Provisions

• Section 33-15-01-04. Definitions

- Definitionof"volatile organic compounds" is revised AmbientAir Quality Standards

• Table 1 - The annual PM2.s state ambient air quality standard (SAAQS) is revisedto 12.0 μg/m3 

### Restriction ofEmissions ofVisible Air Contaminants

• Subsection 2 - This subsection is added to include Method 22 for determining opacity for limits expressed as zero percent opacityexceptfor a certainfrequency. OpenBurningRestrictions

• Subdivision 33-15-04-02.2.a

- The reference to "public nuisance" is replaced with a statement that open burning cannotcause "airpollution." Emissions ofSulfurCompoundsRestricted

• Subsection 33-15-06-05.1

- The revision clarifies that the required excess emissions reports are for those sources that operate continuous emissionsmonitors. PreventionofSignificantDeteriorationofAir Quality

• Section 33-15-15-01.2

- The date for incorporation by reference of40 CFR52.21 is changedto July 1, 2013. Fees

• Section 33-15-23-03

- The category "Monitor"is removed.

### The "Revision Summary" is presented which shows all ofthe changes made to the North Dakota Air Pollution Control Rules. However, only the previously listed sections are revisions to the State Implementation Plan. The revised sections are included as Appendix C of this State ImplementationPlanrevision.

### SUMMARYOF PROCEEDINGS



### The North Dakota Department of Health, prior to revising the Implementation Plan and Air Pollution Control Rules, conducted apublichearing on the planandrules. Reasonable notice as required by Title 40 ofthe Code ofFederal Regulations, Section 51.102, Public Hearings, and as required by the North Dakota Century Code, Chapter 23-25 was given. Notice ofthe public hearing was provided by two publications in each ofthe official countynewspapers in the State. The last publication occurred at least 30 days prior to the hearing. The hearing was held November 12, 2013, at the Health Department's office located in Bismarck. In addition to the official public notice, a press release announcing the hearing was made available in the State's majornewspapers approximately oneweekbefore the hearing.

The Administrator of the Environmental Protection Agency, the Directors of the Minnesota Pollution Control Agency; the Natural Resources Program Administrator for the State ofSouth Dakota; the Chief of the Air Quality Bureau, Montana State Department of Environmental Quality; Indian governing bodies within North Dakota; Federal Land Managers ofClass I areas withinNorthDakota; theBureauofNationalAffairs andmanyinterestedpartieslistedonthe State DepartmentofHealthAirPollutionControlmailing list, were notified ofthepublichearing.

The revisions to the Implementation Plan and the amendments to the AirPollution Control Rules
were made available for public inspection 30 days priorto thepublic hearing.

TheNorthDakotaDepartmentofHealth submittedadraftcopyoftheproposedrulechangesto the Environmental Protection Agency. Copies ofthe record ofthe hearing were furnished to the public uponrequest. Copies ofthe notice ofpublic hearing and certification that the hearing was held in accordance with the notice as required by Section 51.102, Public Hearings, Title 40 ofthe Code ofFederal Regulations, are included in Section II of this document. As required by the North Dakota CenturyCode, Chapter23-25,therevisionsto theruleswerereviewedbytheAirPollutionControl Advisory Council. Following review and consideration by the State Health Department, the rules were considered and adopted by theNorth Dakota State Health Council. The legal opinion ofthe State Attorney General thatthe amendments are legal, valid andhave the force andeffectof lawwas obtainedbefore final adoption ofthe rules. The legal opinionofthe Attorney General is included in Section V ofthis document and will be included in Appendix D ofthe original SIP document maintained inthe Departmentoffices.

### SECTIONII

HEARINGRECORD

AppendixA ofthe Plan

### HEARINGRECORD

AirPollution Control Rules Revisions and State ImplementationPlanAmendments

North DakotaDepartmentofHealth AirPollutionControl Program

Hearing Date: November 12, 2013

### Revision Summary
HearingNotice

Notice ofInterestedParties

Affidavit ofPublication

Invoice ofPublication
RegistrationListofAttendees
Hearing Transcript

CertificationofHearing
ResponsetoPublic Comments HEARING RECORD TABLE OF CONTENTS

# Rule Revisions Summary EffectiveApril 1, 2014

Chapter33-15-01: GeneralProvisions 3/25/14



### 1) Page 8, Subsection52-Thedateforincorporationbyreference is changedtoJuly 1, 2013.
Chapter 33-15-02: Ambient

### Air Quality Standards 1) Page4, Table 1 - The annualPM2.s stateambient airquality standard (SAAQS) is revisedtomatchthenational ambient airquality standard (NAAQS) of12.0ug/m3

. 

### Chapter33-15-03: RestrictionofEmissions ofVisible

### AirContaminants 1) Page3, Subsection2 -ThissubsectionisaddedtoincludedEPAReferenceMethod 22.
Chapter33-15-04: OpenBurningRestrictions 1) Page2, Subdivision33-15-04-02.2.a-Thereferencetopublic nuisanceisreplaced witha statementthat openburning cannotcause airpollution.
Chapter33-15-06: EmissionsofSulfur CompoundsRestricted 1) Page 4, Subsection 33-15-06-05.1

- Therevision clarifiesthattherequiredexcess emissionsreports are forthose sourcesthatoperatecontinuous emissionsmonitors.
Chapter33-15-12: Standards ofPerformanceforNewStationary Sources 1) Page 1, Section33-15-12-01.1 -Thedatefor incorporatingthe standardsbyreference ischangedtoJuly 1, 2013. 2) Page9, SubpartCCCC-Thetitle is revisedtomatchthefederal rule. 3) Page9, SubpartDDDD-Thetitle is revised, thenumber oftables adoptedis changed andthecompliancedates areupdatedinTable 1tomatchthefederal rule.
Chapter33-15-15: PreventionofSignificantDeteriorationofAirQuality 1) Page 1, Section 33-15-01.2-Thedateforincorporation of40 CPR52.21 by reference is changedtoJuly 1, 2013.
Chapter33-15-22: Emission StandardsforHazardous

### AirPollutantsfor Source Categories 1) Page 1, Section33-15-22-01 -Thedate forincorporatingthe standardsbyreference is changedtoJuly 1, 2013. 2) Page4, Section 33-15-22-03

- SubpartsDDDDD, UUUUU andJJJJJJ arebeing adopted. ForSubpartJJJJJJ, onlythe standardsthat applytoboilerswithratings of 10MMBtu/hrormore arebeing adopted.
Chapter33-15-23: Fees 1) Page3, Section33-15-23-03 -Thecriteriafor "Monitor'' isbeingremoved sincea fee isno longercharged.

### FullNotice ofIntentto Adopt andAmendAdministrativeRules and StateImplementationPlan Relatingto AirPollutionControl NorthDakotaDepartmentofHealth andAirPollutionControlAdvisoryCouncil

willholdapublichearingto addressproposedchangesto theN.D. Admin. CodeArticle 33-15,the StateImplementationPlan(SIP)forthecontrol ofairpollution,andthe State's 11l(d)/129planfor commercial/industrial solid waste incinerators. Some ofthe rulerevisions and other documents that are the subject ofthis public notice will be submitted to the United States Environmental ProtectionAgencytobeincludedinorrevise the SIP requiredbytheFederal CleanAirAct.

4th FloorConference Rm. Gold Seal Center 918EDivideAve.

Bismarck,ND Tuesday,November 12, 2013 9:00 a.m. CST

Theprimarypurpose oftheproposedrules and SIP revisions is to.implementrequirements under the Federal Clean Air Act. Other changes clarify existing rules, exempt certain minor sources from fees and incorporate a federal reference method for determining visible emissions. Revisions to the following rules shown in strikeout/underline format (not the entire rule) will be submitted as arevisionto the SIP:
Chapter33-15-01 Chapter33-15-02 Chapter33-15-03 Chapter33-15-04 Chapter33-15-06 Chapter33-15-15 Chapter33-15-23 GeneralProvisions AmbientAir Quality Standards Restrictionof Emission ofVisibleAir Containinants OpenBurningRestrictions Emissions ofSulfurCompounds Restricted PreventionofSignificantDeteriorationofAirQuality Fees

Therevisions

# io thefollowingrules willnotbe submittedas a SIPrevision. Directdelegationor approval willbe requested.
Chapter33-15-12 Chapter33-15-22 StandardsofPerformancefor NewStationarySources Emission Standards for Hazardous Air Pollutants for Source

. Categories

Inadditionto therulechanges, aplanunder Sections 11l(d) and 129 ofthe FederalCleanAirAct has been prepared for controlling emissions from Commercial and Industrial Solid Waste Incinerators. Theplanis alsothe subjectofthis publicnotice andcommentis requested.

### The changes to the General Provisions, Standards ofPerformance for New Stationary Sources, Prevention ofSignificant Deteriorationand Emission Standards for Hazardous AirPollutants for SourceCategories incorporatebyreference federal standards. Theupdates are intended to make State rules consistent with federal requirements. The rule changes affect commercial/industrial solid waste incinerators, industrial/commercial/institutional boilers and electric utility steam generators. Theotherchangesprovideclarificationofexistingrules, addatestmethodforvisible emissions andexemptcertainminor sourcesfrom fees. ·

Therulechangesareexpectedtohave animpactontheregulatedcommunityinexcessof$50,000

..
A copy ofthe proposed rules, SIP revisions and a regulatory analysis may be viewed at the Department's website at: www.ndheath.gov/AQ/Notices.htm. A copy of the proposed rules, lll(d)/129 plan and regulatory analysis may be obtained by writing to the North Dakota Department ofHealth, Division ofAir Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947orcalling(701)328-5188. Writtencommentsmaybesubmittedto theabove-address fromOctober 12, 2013 throughNovember23, 2013. 

### Ifyouplanto attendthepublichearing and will need special facilities or assistancerelating to a disability, please contactthe Department of Health.atthe above-address atleast sevendays priorto thepublichearing.

Datedthis 3 

### YJ_ dayof 

# Se¢-. Zo/5.

TerryL. O'Clair,P.E. Director, Division of AirQuality

### AbbreviatedNotice oflntentto Adopt andAmendAdministrativeRules and State ImplementationPlan Relatingto AirPollution Control NorthDakotaDepartmentofHealth andAirPollutionControlAdvisory Council

will hold a public comment period and public hearing to address proposed changes to the N.D. Admin. Code Article 33-15, the State Implementation Plan (SIP) for the control ofair pollution andthe State'sSection 11l(d)/129planforcommercial/industrial solidwasteincinerators. Some oftherulerevisions andotherdocumentsthatarethesubjectofthispublicnoticewillbesubmitted to the United States Environmental Protection Agency to be included in or to revise the SIP requiredbythe FederalCleanAirAct.

4th FloorConferenceRm. Gold Seal Center 918 E DivideAve. Bismarck,ND Tuesday,November 12, 2013 9:00 a.m. CST

A copyoftheproposedrules, Section 11l(d)/129planand full publicnoticemaybeviewedatthe Department'swebsite at: www.ndheath.gov/AQ/Notices.htm. A copy oftheproposedrules, full publicnotice, and 11l(d)/129planmaybeobtainedby writingtotheNorthDakotaDepartmentof Health, Division ofAir Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947 or calling (701)328-5188. Written commentsmaybe submittedto the above-address from October 12, 2013 through November23, 2013. 

### Ifyou plan to attend the public hearing and will need special facilities or assistance relating to a disability, please contactthe Department ofHealth at the above-address atleastsevendayspriorto thepublichearing.



### Datedthis <.3

## ,,d day of

# >,,J-. Zor.3

. Terry L. O'Clair,P.E. Director, Divisionof Air Quality

# ~~ NORTH DAKOTA**~~** DEPARTMENT

### of HEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### MEMO TO

FROM

RE



### DATE Interested Parties
Terry L. 

### O'Clair, P.E. / Director

# /(!;?~ DivisionofAir Quality

NorthDakotaAir Pollution Control Rule Amendments and SIP Revisions
September9, 2013

The North Dakota Department of Health has proposed revisions to the State Air Pollution Control Rules (NDAC 33-15) andthe State ImplementationPlanfor the control ofairpollution.

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E Divide Ave., 

### 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/AQ/Notices.htm. A copy of the proposed rules, SIP revisions and a regulatory analysis may be requested by writing the Department at the above address or calling (701)328-5188.

Also included is a notice announcing a public hearing that will be held to consider testimony regarding the proposed changes. The hearing is scheduled for November 12, 2013. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by the close ofbusiness on November23, 2013 will be included as part of the hearingrecord. Commentsmustbe sentto the address listed above.

You are invitedto attend andpresent**test~mony** 

### atthe hearing.

If

### youhave any questions, please contactTomBachmanofmy staffat (701)328-5188.
TLO/TB:saj Attach:

Environmental Health Section Chiefs Office 701.328.5150 Division of Air Quality 701.328.5188 Division of Municipal Facilities

701.328.5211

Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

## ProposedRuleRevisions Summary

Chapter33-15-01: GeneralProvisions 9/3/2013

1) Page 8, Subsection 52

- The date forincorporationbyreference is changedto July 1, 2013.
Chapter33-15-02: AmbientAir QualityStandards 1) Page4, Table 1-TheannualPM2.5 state ambientairqualitystandard (SAAQS)is revisedto matchthenational ambientairqualitystandard (NAAQS) of 12.0ug/m3

. Chapter**33~15-03:** RestrictionofEmissions ofVisible AirContaminants 1) Page2, Subsection33-15-03-04.3

- Therevisionrequires thatany alternativeopacity limitbe establishedina federally enforceablepermit. 2) Page 3, Subsection2 - This subsectionis addedtoincludedEPAReference Method 22.
Chapter33-15-04: OpenBurningRestrictions 1) Page2, Subdivision33-15-04-02.2.a-Thereference to publicnuisance is replaced with a statementthatopenburningcannotcause airpollution.
Chapter33-15-06: Emissions ofSulfurCompounds Restricted 1) Page4, Subsection33-15-06-05.1

- Therevisionclarifiesthattherequired excess emissionsreports are forthose sourcesthatoperatecontinuous emissions monitors.
Chapter33-15-12: Standards ofPerformanceforNewStationary Sources 1) Page 1, Section 33-15-12-01.1

- The date forincorporatingthe standardsbyreference is changedto July 1, 2013. 2) Page 9, Subpart CCCC- Thetitle is revisedto matchthe federal rule. 3) Page 9, Subpart DDDD-Thetitle is revised, thenumberoftables adopted is changed andthe compliancedates areupdatedinTable 1to matchthefederal rule.
Chapter33-15-15: PreventionofSignificantDeteriorationofAirQuality 1) Page 1, Section 33-15-01.2-Thedate for incorporationof40 CFR52.21 by referenceischangedto July 1, 2013.
Chapter33-15-22: EmissionStandards for Hazardous AirPollutantsfor Source Categories 1) Page 1, Section 33-15-22-01 -Thedate for incorporatingthe standardsbyreference is changedto July 1, 2013. 2) Page4, Section 33-15-22-03

- SubpartsDDDDD,UUUUUandJJJJJJarebeing adopted. ForSubpartJJJJJJ, only the staudardsthatapplyto boilers withratings of 10MMBtu/hrormore arebeingadopted.
Chapter33-15-23: Fees

### AbbreviatedNoticeofIntenttoAdopt andAmendAdministrative Rulesand State ImplementationPlan Relatingto AirPollutionControl NorthDakotaDepartmentofHealth andAirPollutionControlAdvisory Council

will hold a public comment period and public hearing to address proposed changes to the N.D. Ad.min. Code Article 33-15, the State Implementation Plan (SIP) for the control ofairpollution andthe State'sSection l ll(d)/129planforcommercial/industrialsolidwasteincinerators. Some oftherulerevisionsandotherdocumentsthatarethesubjectofthispublicnoticewillbesubmitted to the United States Environmental Protection Agency to be included in or to revise the SIP requiredbytheFederalCleanAirAct.

4th Floor Conference

### Rm. Gold Seal Center 918 E DivideAve.

Bismarck,ND Tuesday,November 12, 2013 9:00a.m. CST

A copyoftheproposedrules, Section 11l(d)/129planandfull publicnoticemaybeviewedatthe Department's website at: www.ndheath.gov/AQ/Notices.htm. A copyoftheproposedrules, full publicnotice, and 111(d)/129planmaybeobtainedbywritingto theNorthDakotaDepartmentof Health, Division ofAir Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947 or calling (701)328-5188. Writtencommentsmaybesubmitted to the above-address from October 12, 2013 through November23, 2013. 

### Ifyou plan to attend the public hearing and will need special facilities orassistance relatingto a disability, please contactthe Department ofHealth at the above-address atleastsevendayspriortothepublichearing.

Datedthis 0 

# rd dayof

# >f:- Zot.3

. TerryL. O'Clair, P.E. Director, Divisionof AirQuality

### DepartmentofEnvironmental Quality AirQualityDivision MontanaStateDepartmentof

Health & 

### Environmental Services MedcalfBuilding P.O. Box200901 Helena, MT59620-0901

DivisionofAirQuality MinnesotaPollutionControl Agency 520Lafayette Road St. Paul, MN 55155

Tribal Chairman StandingRock SiouxTribe POBoxD FortYates, ND 58538

Tribal Chairman SpiritLakeTribe P.O. Box359 FortTotten,ND 58335

Administrator NaturalResources Program Environmental RegulationDivision SouthDakotaDepartmentof Environment andNaturalResources 523 E Capitol Avenue JoeFoss Building Pierre, SD 57501

Tribal Chairman ThreeAffiliatedTribes FortBertholdIndianReservation P.O. Box460 NewTown,ND 58736

Tribal Chairman TurtleMountainTribe Box900 Belcourt,ND 58316

ChiefofPolicyPlanning &



### PermitReviewBranch NationalPark Service-AIR

### P.O. Box25287 Denver, CO 80225

Ms. SheilaCrawford-Oliver WaterResource Unit Sisseton-WahpetonDakotaNation OldAgencyBox 509 AgencyVillage, SD 57262-0509

Ms. SandraSilva Chief, BranchofAir Quality U.S. Fish& 

### Wildlife Service 7333 W JeffersonAvenue, Ste 375 Lakewood, CO 80237-2017

### 5CES/CEVC Atten: AirProgramManager 320 PeacekeeperPlace MinotAFB, ND 58705-5006

Michael Ford AmeradaHess Corporation P.O. Box2040 Houston, TX 77252.:.2040

Hess Corporation 10384-'68th StreetNW Tioga, ND 58852-9420

Mr. Donny Worthington HuntPetroleumCorp. P.O. Box 1350 Houston, TX 77251-1350

Mr. Robert L. 

### Eriksen BasinElectricPowerCoop. 1717EInterstate A venue Bismarck,ND 58504

Ms. Deborah Levchak BasinElectricPowerCoop. 1

717 EInterstate A venue Bismarck,ND 58501

Mr. BruceMacdonald ENSRConsulting 1601 ProspectParkway Ft. Collins, CO 80525-9769

Mr. Joe Clarke FalkirkMining Company P.O. Box 1087 Underwood, ND 58576-1087

Mr. RaineyJ. Crawford FordMotorCompany 1201 NWBriarcliffPkwy#315 Kansas City,MO 64116-1774
Hogenson Construction, Inc. P.O. Box777

### WestFargo,ND 58078-0777

Ms. PaulaKoble Gores DakotaWestmorelandCorporation P.O. Box39 Beulah,ND 58523-0039

StevanG. Dewald, PE LightowlerJohnsonAssociates 700 MainAvenue P.O. Box2464 Fargo, ND 58103

Mr. JohnT. Graves MinnkotaPowerCooperative P.O. Box 13200 GrandForks, ND 58208-3200

Ms. Abbie Krebsbach Montana-DakotaUtilities Co. 400N Fourth Street Bismarck,ND 58501



### Mr. StevenD. Strege ND GrainDealersAssociation 1325 23rd Street S, SteA Fargo, ND 58103-3723

Ms. RuthJensen NorthernBorderPipeline Company 13710FNB Parkway Omaha,NE68154-5200



### Mr. MarkThoma OtterTail PowerCompany 215 S Cascade Street FergusFallsMN56538-0496
Safety Officer Radiation SafetyOffice NDSU Dept. 330 P.O. Box6050 Fargo,ND 58108-6050
RegulationsManager

### StateNet 2101 K Street Sacramento, CA95816

Mr. KevinJohnson Env. Contaminants Specialist U.S. Fish& 

### Wildlife Service 3425 MiriamAvenue Bismarck,ND 58501

Ms. CarlaTrotter Petro-HuntL.L.C. 813

- 123rdAvenue SW Killdeer, ND 58640

Mr. David Clark Petro-HuntLLC 3900 ThanksgivingTower 1601 Elm Street Dallas, TX75201

Mr. KenTupa NDAssociationofNurse Anesthetists P.O. Box 1755 Bismarck,ND 58502

DRC 103Yi S 3rd Street Bismarck,ND 58502

Mr.MarkTrechock DakotaResource Council 113 WFirst Street P.O. Box 1095 Dickinson,ND 58604
Lignite Energy Council 1016E Owens Avenue Bismarck,ND 58501

Ms. Annette Cederberg AmericanCrystal SugarCompany 101 Third StreetN Moorhead, MN56560

Ms. TinaAnderson

### DEQ

- AirQualityDivision StateofWyoming 2100 WFifth Street Sheridan, WY 82801

WillistonBasinInterstate Pipeline Co. 2010 MontanaAvenue Glendive, MT59330,.3700

Ms. 

### Mary Jo Roth GreatRiverEnergy 12300ElmCreekBoulevard MapleGrove,MN55369-4718

Mr. M.E. BonnicksonWCK4508 Shell WesternE&P, Inc. P.O. Box576 Houston, TX 77001-0576

Katherine Edwards & 

### Ali Farnoud, Ph.D. TrinityConsultants 12445

- 55th StreetN, SteA Lake Elmo, MN 55042-7402

# Affidavit of Publication

Colleen Park, being duly_sworn, states as follows:

1. I am the designated agent, underthe provisions and forthe purposes of, Section 31-04-06, NDCC, forthe newspapers listed on the attached exhibits.

2. The newspapers fisted on the exhibits published the advertisement of: ND Health Department
- Administrative Rules forAir Pollution Control; 2 time(s) as required by laworordinance.

3. All ofthe listed newspapers are legal newspapers in the State of North Dakota and, underthe provisions ofSection 46-05-01, NDCC, are qualified to publish any public notice orany matter required by laworordinance to be printed or published in a newspaper in North Dakota.
·signed:

# ~fid_.

State ofNorth Dakota County of Burleigh

Subscribed and sworn to before me

# this~ day

### of

# Daa/J-eJu 

# ,/ikM.**~** 

# L

.'JJ&A-d**~**

SHARON 

### L. PETERSON Notary Public StateofNorth Dakota MyCommission Expires Nov. 8, 2017 

### '2013__.·September 25

. . . . _ 

# 2013. 

# punuc**NoT•CES~,~~~**

. An Application for a**Lo~I** 

# C·o·u

# nty BREVIA'fEBNOTICE Permit or Charity Local Permit

. ... . . .. . . . . was received from the Dakota

.· ·- . • · •

. OF INTENTTO Lions for Bingo. Mt. Scheet2: 

## CQmm fSSfOn

. ADOPTandAMEND made motion to -approve. Mr. ··· · : · ·. · ··. · · : , 

## ADMINISTRATive'. · Wolf made second to

..

### t~.e ...

# tQ :ffieet.

. .·" "R

.. u·L:E·S· ··

### d··&!+A~ :· motion

. · · . . • " · · . 

## .an., '171.l'l·•**~-** ... 

## ·**M~.** jangula and 

## Mr. · The regularmonthlymeetlflg · 

### IMPLEMENTATION

### PLAN

· .. " ·· d.**~** · of "the Mclntpsh County.

. . . . .. . . "**~·** , Aberle (Aye). Mot1on·came to ·Commi·ssioners ··wm

.. ·be:. ·relatingt0Alr;PolluUonContrc.1, approve · · 

## ·N-"rt·

## b''D k t · Mayor

. . Schumacher**~'~ursd~y,** <?ctober 3, 2013',; at · .. 

### 0 :

..; .· ·

## '2!" 0 

## a .
•·

. 1

. •

. . . .•

.8.oo- a.m. '" the· commission 

## Dept· o·fHealth· reported a c1rc:u ation. p1,1mp.**·~** .. ,. room at the" coufthouse.-r'Tfle ' : · ..• ·, .. _ · .· : · being installed •n:the

### ~.ityWater ·water" 'Resource· .Bciard' will '."

## andAit.Polluti:On Tower. The Tower will have.to.

. et" Tti d -,, o·ct

.."'"' ·3 ., ·· · · · .. ... - · · ... " be drained

- the 

### ditY will have me .on • urs a7'.. ··**~u.,.r** J·' 

## C · tr.

## ··1·Ad ·•··ry

.. no water ressure fofaoout on.: 20.'!3 at

### 9.oo

..a.m, m**the.C?~rt-** 

## on 0

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.....P

............, ....... house .,.....,,,,., 

## C .ii'. hour

.. 'This will.take place.af.a

..:.

. .. ,., : .: .,.;

. -""": ·. OUQC · "·'· time·on**i:r1.ciay7sep~m~ei,.27** 

# ,County

..· ::

...... · w111hllti!'

...**-a'.~ulilii:c0.nimentpentit1.andJ·.·,** or Saturday·- Septembe( .28

. . .**.Public..~~nng-to:a<!d~:change.l>'.tQ:** ., that will least affect. Zeeland· , "

. · · · • '. ·• · · .. ,**the~p;>~M,min.,qodElp,.rttcle3;3-1?~.!he:** _,, residents.

. Pressure will 

### b'cf

.

# commISSI

# 0

# n , State lniple'Jle"Wion Pb!n.{SIP,)fQrtl)e

· · · · " · · · · · · " ,." · · · contro!.of.a)r**pojlutron.Oiln.~** the Sta!e's

· restored to.WEB water level.s,,;

. . . . 

# t•

. · .. "

...:·**.~** 

# · ·"·Seci1Qn111(d)l129ptanforc0nimetc1av after the drainage is complete

..

# mee.ing,,. ·" '.;**,lndil~t-~liii s~li~.-w~st~'lii~inerators:**  and.to f1;1ILpressure by Monday

. ... · . . ......... . .,.some.of !he·n:ile revis1ons-and-ot!'ler·

- September30.

. ..

# ag-enda ·.·... . ..**doc~men:s t~t:are** **~e·subjectof.th.ls:**•. .There being no .fu!1her

., .. , . .. . ;

..·**pubhcootii;eV11flsub~1ttedto;t!'le,Ullited** business at'this time, a motion-

. . ... ·. . . .. :**Stateis;~n11irAnlllen~Jp.ro~~o11A9~cy** ... was·made· byJangula and ·se9- · MCINTOSHCO.UNTV'
, ...to "7JncJuded 10 or,to. revise**t~e ~IP**  ond by Scheetz to adjourn .the ' ·,; ,;1;**~OMMISSION** :·:

. ... · ·. ,**requ1~~**bythei**Fe~er1;,il Cle~~Air** Act

.. meeting at8:15pm.**(Aye~.Wolf** .TEN-TATIVEAGENDA

. .**4th;Ft~or Conf~ref.lCE'._** 

### Rm. and Aberle. Motion earned to · October3,2013 ,**·.~<>Id** Seaf"Center

..

· .918

### E.'DivideAve:· approve. ·Robert**S~hJinacheir.** Mayor. ATTEST: Shawnee Bassett Auditor. .1) ca11**rri~etin9.**to**~rder** "'

. . ..,:**B~ma~k,**

### ·ND· 2). ·· Recite the Pledge of li

.Sci u N . 12 . 2013 Allegiance ·. · .**~~** .. :**.~.,,;** ov. ,:

. . . · 3) Approve agenda · 9:00 a.m.CSJ 4) Approve"minutes _of**regtrl~r** Acopy ofthe.propc.sed**~res,** section 

# Reschedul
..ed-: ·meeting & special meeting**111(d)~1?~** plan anst full**publicnotl~e** 5) 

### 9:oo·

- Dennis Glas., Road may be viewed at th.e. Departments 

# hearing

.· John V. Boulger (ID# 03147)

jboulger@woldlaw.com Brian P. Toay (ID# 6351)

btoay@woldlaw.com Wold**John~on,** .P.C. 500 2nd Avenue North, Ste. Supetvisor · · website at www.Fldhealth.gov/AQ/No-

.. . . .. tlces.htm,Acopyoftheproposed niles, a) Gordon Bean, full public notice, and:111(d)/129 plan Kadrmas, Lee & Jackson maybe.obtained bywritingtotheNorth 6) Joint Powers Agreement**D~kota**f?eriartrnent.o!Health,Divisionof with NDACo for Public**A!rQuality,918E.Div1deAve.,2ndFl~or,** Ad · 'st· t . 81.smarck, ND**58501~1947** or calling·· mrrn**r~** ors

. . .**(701}.3~8"5488.**Written:comments may 7) Appoint 2013 delegate to

. besu.bmlttedto.tl)eabove-;:iddr.es8from
400· Probate No.**26-201'3~PR-00017** P.O. Box 1680 State Fair B.oard · : 091ober12,2013.throughNovember23, ··8) 1:00

- Budget.Hearing ·**201~.** Ifyou plan t?**<il!le~d th~** **-~ublic**

### 1 .. 11) Bills · · heanngandwillneedspectalfacilitiesor

. . . . . ·. . . : .assistancerelatingtoadisability,please 12) Review Office vouchers·.· · contacttheDepar:trni:intof-HE!althatttie 13) · ·· · Review yvaste ·**above-add~fit;le;;istseven da~** prior Management report '. .tothepubll1:**!l~ring..** . . .. "

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ttomeys or. Patrice • ss · · . . 1oummem "

. . . ._,:**Director~** DivisionofAirQuav

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# Co.rrection
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### North Dakota.OePartment ofTransportation, 608 E. BoulN. yardAve., Bismarck,.ND, e-mailing lds.itz@nq.gev,orcalling (70.1)**328~"'.** 2725.Written ceimments.-may be submittedtotheaboveaddressunti · October

### 31,2013.**If.yo~**

## pianto'**at~** tendthepublichearingand.willneed specialfacilities**ora~istance**relating

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## .a**di~~bility,** please'contactthe , NorthDakotaDepartmentof.Transportation atthe above telephone numberor

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# ·**:reg~rdiilg**

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# ""**~**... 

## ·North Dakota Newspaper-Association .· 

# ,,.t 1435 Interstate Loop**~**
Phone: 1-701-223-6397 Fax: 1-701-223-8185 

# l

INVOICE

# ~~l;jl**~** '

Order: 13094NDO

Attn: ND Health Department 600 East BoulevardAvenue Bismarck, North Dakota 58505 

# I
Voice: Invoice#2474

Fax: 

### October24, 2013

Advertiser:

Brand: Campaign Amount Due:

Please detach andreturn thisportion withyourpayment

Division ofAir Quality Invoice#2474 P.O.#:

Run Date AdSize

. Rate Type AshleyTribune (Ashley, North Dakota)
09/25/2013 7.00 Notice Display $5. Caption: Admin RulesforAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00. $11.88 Beach, Golden Valley News (Beach, North Dakota)
09/26/2013 7.00 Notice Display $5.94 $41.58 Caption: Admin RulesforAir Pollution Control
10/03/2013

. 7.00 Notice Display $5.94 $41.58 Caption: Admin RulesforAir Pollution Control Subtotal:. 14.00 $11.88 $0.00 $83.16 BismarckTribune (Bismarck, North Dakota)
09/23/2013 7.00. Notice Display $12.12 $84.84 Caption: Admin RulesforAir Pollution Control
09/30/2013 7.00 Notice Display $12.12 $84.84 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $24.24 $0.00 $169.68 Bottineau Courant (Bottineau, North Dakota) 09(24/2013 7.00 Notice.Display $5.94 $41.58 Caption: Admin RulesforAir Pollution Control
10/01/2013 7.00 Notice pisplay $5.94 $41.58 Caption: Admin RulesforAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 Bowbells,Burke CountyTribune (Bowbells, North Dakota)
09/25/2013 7.00 Notice Display $5.94 $41.58 Caption: Admin RulesforAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 Caption:Admin RulesforAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 Bowman County Pioneer (Bowman, North Dakota)
09/27/2013 7.00 Notice Display $5.94 $41.58 Caption: Admin RulesforAir Pollution Control $4,863.601

Discount (%) Amountafter.Discount

$0.00 (0.00%) $41.58

$0.00 (0.00%) $41.58

$0.00 $83.16

$0.00 (0.00%) $41.58

$0.00 (0.00%) $41.58

$0.00 $83.16

$0.00 (0.00%) $84.84

$0.00 (0.00%) $84.84

$0.00 $169.68

$0.00 (0.00%) $41.58

$0.00 (0.00%) $41.58

$0.00 $83.16

$0.QO (0.00%) $41.58

$0.00 (0.00%) $41.58

$0.00 $83.16

$0.00 (0.00%) $41.58

North Dakota NewspaperASsoclation 10/24/2013 24.220.48.146# Page

Page 1of7Division ofAirQuality Invoice#2474 P.O.#:

Run Date AdSize RateType Rate ColorRate Total Discount (%} AmountalterDiscount Page 10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAirPollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Cando, TownerCounty Record Herald (Cando, North Dakota) 09/28/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/05/2013 7 .00 Notice Display $0.00 DID NOTRUN $0.00 (0.00%) $0.00 Caption:Admin RulesforAirPollution Control 10/12/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAirPollution Control Subtotal: 21.00 $11.88 $0.00 $83.16 $0.00 $83.16 Carrington, FosterCountyIndependent(Carrington, North Dakota) 09/23/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control 09/30/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16

- $0.00 $83.16 Carson Press (Elgln, North Dakota) 09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 CavalierChronlcle (Cavalier, North Dakota) 09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control 10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admln Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Center Republican (Hazen, North Dakota) 09/26/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control 10/03/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control

. Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Cooperstown, Griggs County Courier(Cooperstown, North Dakota) 09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88

. $0.00 $83.16 $0.00 $83.16 Crosby, TheJournal (Crosby, North Dakota) 09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88**$~.00** $83.16 $0.00 $83.16 Devils Lake Journal (Devils Lake, North Dakota) 09/23/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAirPollution Control 09/30/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAirPollution Control

Page 2of7 North OakO!a NewspaperAssociation 10/2412013 24.220.48.146#Division ofAirQuality Invoice#2474 P.O.#:

unDate AdSize Rate Type Rate ColorRate Total Discount (%} AmountalterDiscount Page

Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36 Dickinson Press (Dickinson, North Dakota)
09/24/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAir Pollution Control
10/01/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36 Elgin, GrantCounty News (Elgln, North Dakota)
09/25/2013 7.00 Notice Display $5,94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAirPollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83

..16 Ellendale, Dickey County Leader(Ellendale, North Dakota)
09/26/2013 7:oo Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
10/03/2013 7.00 Notice Display $0.00 DID NOTRUN $0.00 (0.00%) $0.00 Caption: Admin RulesforAir Pollution Control
10/10/2013 7.00 Notice Display $0.00 DID NOTRUN $0.00 (0.00%) $0.00 Caption: Admin RulesforAir Pollution Control
10/24/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admln Rules forAirPollution Control Subtotal: 28.00 $11.88 $0.00 $83.16 $0.00 $83.16 Fargo,The Forum (Fargo, North Dakota)
09/23/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%) $84.84 Caption: Admin RulesforAir Pollution Control
09/30/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%} $84.84 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $24.24 $0.00 $169.68 $0.00 $169.68 Finley, Steele County Press (Finley, North Dakota)
09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%} $41.58 Caption: Admin RulesforAirPollution Control
10/0412013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 aaption:Admln RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Garrison, Mclean CountyIndependent(Garrison, North Dakota)
09/26/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%} $41.58 Caption: Admin RulesforAir Pollution Control
10/03/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%} $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88

. $0.00 $83.16 $0.00 $83.16 Grafton, Walsh County Record (Grafton, North Dakota)
09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%} $41.58 Caption: Admin RulesforAirPollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%} $41.58 Caption:Admin RulesforAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Grand Forks Herald (Grand Forks, North Dakota)
09/26/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%} $84.84 Caption: Admin RulesforAir Pollution Control
10/03/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%) $84.84 Caption:Admin RulesforAir Pollution Control

Page3or7 North Oakola NewspaperAssociation 10/2412013 24.220.48.146#Division ofAirQuality Invoice#2474 P.0.#:

Run Date AdSize Rate Type Rate ColorRate Total Discount (%} AmountafterDiscount Page Subtotal: 14.00 $24.24 $0.00 $169.68 $0.00 $169.68 Harvey, The Herald-Press (Harvey, North.Dakota)
09/28/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control
10/05/2013 7.00

.Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAirPollution Control Subtotal: 14.00 $11.88 $0.00 $83.16

. $0.00 $83.16 Hazen Star(Hazen, North Dakota)
09/26/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
10/03/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admln RulesforAir Pollution Control

. Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Hettinger,Adams County Record (Hettinger, North Dakota)
09/27/2013 7.00 Notice Display $5.94 $41.5B $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00. (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Jamestown Sun (Jamestown, North Dakota)
09/23/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAir.Pollution Control
09/30/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption:Admin RulesforAir Pollution Control Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36 Killdeer, Dunn CountyHerald (Killdeer, North Dakota)
09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control
10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollutlon Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 LaMoure Chronicle (LaMoure, North Dakota)
09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58

· Caption:Admln Rules forAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 LakotaAmerican (Lakota, North Dakota)
09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00

. (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control
10/02/2013 7.00 Notice Display $0.00 DID NOT RUN $0.00 (0.00%) $0.00 Caption: Admin RulesforAir Pollution Control
10/09/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
Subtotal: 21.00 $11.88 $0.00 $83.16 $0.00 $83.16 Langdon, CavalierCounty Republican (Langdon, North Dakota)
09/23/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
09/30/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Polh,11ion Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Linton, Emmons County Record (Linton, North Dakota)

North Dakota NewspaperAssoaaUon 1012412013 24220.48.146# Page4of7Division ofAirQuality Invoice#2474 P.O.#:

RunDate AdSize Rate Type Rate ColorRate Total Discount (%} AmountafterDiscount Page
09/26/2013 7.00 NoticeDisplay $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/03/2013 7.00 Notice Display $0.00 DID NOT RUN $0.00 (0.00%) $0.00 Caption:Admin RulesforAir Pollution Control 10/10/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 21.00 $11.88 $0.00 $83.16 $0.00 $83.16 Lisbon, Ransom CountyGazette {Lisbon, North Dakota) 09/23/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control 09/30/2013 7.00 · Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00. $83.16 $0.00 $83.16 Mandan News (Mandan, North Dakota) 09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control 10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Mayville,Tralll Co Tribune (Mayville, North Dakota) 09/28/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control 10/05/2013 7.00 Notice Display**$5~94** $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 McClusky Gazette (McClusky, North Dakota) 09/26/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control ·10/03/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 ' Medora, Billings County Pioneer(Beach, North Dakota) 09/26/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/03/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16
MiinorThe Sargent CountyTeller(Milnor, North Dakota) 09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/04/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Minnewaukan Benson County Farmers Press (Minnewaukan, North Dakota) 09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control 10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAirPollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16
MinotDally News (Minot, North Dakota) 09/23/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%) $84.84 Caption: Admin Rules forAir Pollution Control

Page 5of7 North Dakota NewspaperAssociation 10/24/2013 24.220.48.146 #Division

## ofAirQuality Invoice#2474 P.O.#:

RunDate AdSize Rate Type Rate ColorRate Total Discount (%) AmountafterDiscount Page
09/30/2013 7.00 Notice Display $12.12 $84.84 $0.00 (0.00%) $84.84 Caption:Admin RulesforAirPollution Control Subtotal: 14.00 $24.24 $0.00 $169.68 $0.00 $169.68 Mohall Renville County Fanner(Mohall; North Dakota)
09/2512013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAirPollution Control
10/0212013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Napoleon Homestead (Napoleon, North Dakota)
09/2512013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAirPollution Control
10/0212013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control Subtotal: 14.00 $11.88**$0~00** $83.16 $0.00 $83.16 New England Herald (New England, North Dakota)
09/27/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control·
10/0412013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin Rules forAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 New RockfordTranscript (New Rot:kford, North Dakota)
09/23/2013 7.00 Notice Display $5.94 $41.58· $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
09/30/2013 7.00 Notice Display $5.94. $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 RollaTurtle Mountain Star(Rolla, North Dakota)
09/2312013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
0913012013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0:00 $83.16 Rugby PierceCountyTribune (Rugby, North Dakota)
09/2812013 7.00 Nolice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
10/0512013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Stanley MountrailCounty Promoter(Stanley, North**Da~ota)** 0912512013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admln RulesforAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Steele Ozone & KidderCounty Press (Steele, North Dakota)
0912512013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:.Admin RulesforAir Pollution Control
Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Towner Mouse RiverJournal (Towner, North Dakota)

Page6of7 North Dakota NewspaperAssociation 10/2412013 24.220.46.146#Division ofAir Quality lnvoice#2474 P.O.#:

Run Date AdSize Rate Type Rate ColorRate Total Discount (%) AmountafferDiscount Page
09/25/2013 7.00 Nolice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption:Admin RulesforAir Pollution Control
10/02/2013 7.00 Notice Display $0.00 DID NOT RUN $0.00 (0.00%) $0.00 Caption:Admin RulesforAir Pollution Control
10/09/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAir Pollution Control Subtotal: 21.00 $11.88 $0.00 $83.16 $0.00 $83.16 Valley CityTimes-Record (Valley City, North Dakota)
09/23/2013 7.00 f)loHce Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAir Pollution Control
09/30/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin Rules forAir Pollution Control

. Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36 Wahpeton, The Dally News (Wahpeton, North Dakota)
09/24/2013 7.00 Notice Display $8.24**~57.68** $0.00 (0.00%) $57.68 Caption: Admin Rules forAir Pollution Control
10/06/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAir Pollution Control Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36 Watford City McKenzie CountyFarmer(Watford City, North Dakota)
09/25/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin Rules forAir Pollution Control
10/02/2013 7.00 Notice Display $5.94 $41.58 $0.00 (0.00%) $41.58 Caption: Admin RulesforAirPollution Control Subtotal: 14.00 $11.88 $0.00 $83.16 $0.00 $83.16 Wlillslon Herald (Williston, North Dakota)
09/23/2013 7.00 Notice Display $8.24 $57.68 $0.00 (0.00%) $57.68 Caption: Admln RulesforAirPollution Control
09/30/2013 7.00 Notice Display $8.24 $5.7.68 $0.00 (0.00%) $57.68 Caption: Admin RulesforAirPollution Control Subtotal: 14.00 $16.48 $0.00 $115.36 $0.00 $115.36

Gross Advertising

. $4,863.60 Total Misc $0.00 Amount Paid $0.0ci AgencyDiscount $0.00 Tax $0.00 Adjustments $0.00

Other Discount $0.00 Total Billed $4,863.60 Payment Date Service Charge $0.00 Unbilled $0.00 Balance Due $4,863.60

Ifyouwould like topayyour Invoicewith a credit card, please call Rhonda at 701-595-7311. We acceptVisa, Mastercard, and Discover. Thankyoul

North Dakota NewspaperAssociation 10/2412013 24.220.48.146 # Page7of7

### REGISTRATION

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### Transcript PublicHearing AirPollution ControlRules November 12,2013 9:00 a.m. CDT

- Gold Seal Center

I amDianeStockdill and Iwill be acting as hearingofficerforthispublic hearing. It

### is now'9:00 a.m. onNovember 12, 2013, inthe.NorthDakotaDepartmentofHealth'sFourthFloorConferenceRoom in the Gold Seal Center. Atthistime, I openthishearing.

Thispublichearinghas been calledforthepurposeofallowingall interestedindividuals an opportunity to submit information concerning proposed amendments to the North Dakota Administrative Code, Article 33-15,AirPollution Control and amendments to the State Implementation Plan for the Control ofAirPollution.

Information gathered atthis hearingwill betransmittedto the Department ofHealth for its deliberation and final decision. The comments received at this hearing will be considered with any written comments that are received and the Department ofHealth will present its consideration ofall the commentsin writing. You mayrequestacopyofthe writtenresponse and one will beprovidedto you.
This hearing is being taped and we ask everyone to use the podium so that the tape will be ofgood qualityfortranscribingpurposes. Please identify yourselffortherecord before you speak.
Everyone present will be given the opportunityto speak. If

### you have a prepared statement, a written copyofyour statement is appreciated and will be helpful.

A registration sheet has been placed on the table next to the door. I ask that everyone presentplease signthis sheetand indicate ifyou wish to presentoral testimony.

Atthis point, Icall onTom Bachman oftheDepartmentto summarize the proposed changes.

Thank You Diane!

In 

### Chapter 33-15-01: General Provisions, the date for incorporation by reference ofthe definition of volatile organic compounds is beingchangedtoJuly 1, 2013.

In Chapter 33-15-02: Ambient Air Quality Standards, Table 1 - The annual PM2

### .s state ambient air quality standard (SAAQS) is revised to match the national ambient air quality standard (NAAQS) of 12.0 ug/m3

.


### In Chapter33-15-03: Restriction ofEmissions ofVisible AirContaminants 1) Subsection 33-15-03-04.3 is being revised to require that any alternative opacity limit be established in a federally enforceablepermit. · 2) In Subsection 2-EPA Reference Method 22 is added for certain opacity limits.

InChapter33-15-04: OpenBurningRestrictions, Subdivision 33-15-04-02.2.a

- Thereferencetopublic nuisance is replaced with a statementthatopen burningcannotcause airpollution.

### In Chapter 33-15-06: Emissions of Sulfur Compounds Restricted, Subsection 33-15-06-05.1

- The revisionclarifiesthattherequired excessemissionsreportsare forthose sourcesthatoperate continuous emissions monitors.

In Chapter33-15-12: Standards ofPerformanceforNew Stationary Sources 1) Section33-15-12-01.l is beingrevisedto changethedatefor incorporatingthe standardsby referencetoJuly 1, 2013. 2) In SubpartCCCC- Thetitle is revisedtomatchthefederal rule. 3) In Subpart DDDD -Thetitle is revised, the number oftables adopted is changed and the compliancedates areupdated in Table 1to matchthe federal rule.

In Chapter 33-15-15: PreventionofSignificantDeterioration ofAir Quality, Section 33-15-01.2

- The date for incorporationof40CFR52.21 byreferenceis changedtoJuly 1, 2013.

In Chapter33-15-22: Emission Standards for HazardousAirPollutants for Source Categories 1) Section33-15-22-01 isbeingrevisedbychangingthedatefor incorporatingthestandardsby referencetoJuly l, 2013. 2) In Section 33-15-22-03

- Subparts DDDDD, UUUUU and JJJJJJ are being adopted by reference. For Subpart JJJJJJ, only the standards that apply to boilers with ratings of 10 MMBtu/hrormore are being adopted.

In Chapter 33-15-23: Fees, Section 33-15-23-03

- The criteria for "Monitor" is being removed since a fee is no longer charged.

Revisions to the State's 11l(d)Plan for commercial and industrial solid waste incinerators are also the subject ofthis hearing. The plan is being updated to accommodate the latest revisions to the federal model rule which are being adopted into Chapter33-15-12.

This completesthe summary ofrevisions.

Iwill nowopen the hearing forpublic comment.

CLOSING

Is there anyonewho wishes to presentoraltestimony? Seeingno one, Ithankyou all for coming. All ofthe information gathered atthis hearingwill beprovidedto the North DakotaDepartmentofHealth, which is the decision-makingbody.

The record 

### will be held open for written commentthrough November 23, 2013. At this point, I will closethehearingontheproposedamendmentstotheNorthDakotaAdministrativeCode,Article33-15, AirPollution Control and the StateImplementationPlan.

# R~~:;s;;z

# ~O'Clair Administrative Officer
TLO:saj



### 2

# ~~ NORTH DAKOTA**~~** DEPARTMENT

### ofHEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Certification ofPublic Hearing

Re: Implementation Plan for the Control ofAirPollution forthe State ofNorth Dakota

Certification:

The undersigned certifies that the public hearing held by the North Dakota Department of Health on November 

### 12, 2013, for the purpose ofreceiving and consideringtestimony and evidencebearing on the proposed revisions to the Implementation Plan for the Control ofAir Pollution for the State ofNorth Dakota was held in accordance with the notice required by Section 51.l

### 02 Public Hearings ofthe Requirements for Preparation, Adoption, and Submittal oflmplementationPlans, Code ofFederal Regulations, Title40, ChapterI, SubchapterC, Part51.

Date: November 

### 12, 2013

Affidavit:

State ofNorth Dakota
County of Burleigh

On the 

### 12th day ofNovember 

### 2013 before me personally appeared Tom Bachman, who having been duly

sworn, statedthatto the best ofhis knowledge and beliefthe statements in the foregoing certification are true.

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 

### Subscribed and swornto beforeme

Sherri A. Jahraus Type, Printor StampName

Notary Public

### ~rf-esjh County '1"-11

.......... ti:.&lllla..dll

....................... .... 

### North Dakota 

### SHERRI A.JAHRAUS MyCommission**expires~C?'----'lF___:._-'----........** 

### Notary Public ate ofNorth Dakota

Division of Municipal Facilities

701.328.5211

Printedon recycledpaper. 

### MyCommission ExpiresOct. 18,2014

Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### ResponsetoPublic Comments

on

_ ProposedRevisions to ND

### AirPollutionControlRules and StateImplementationPlan and 111(d) Panfor Commercial/Industrial SolidWasteIncinerators

PublicCommentPeriod October 12, 2013

- November23, 2013

NorthDakotaDepartmentofHealth Divisionof

### Air Quality 918E. DivideAve., 2nd

### Floor

Bismarck,ND58501-1947

## ResponsetoPublicComments

Oral Comments: Nooral commentsreceived.



### Written Comments: Nowrittencommentswerereceivedduringthepubliccommentperiod.



### LateWritten Comments: TheU.S. EnvironmentalProtectionAgency (EPA) provided
comments onDecember3, 2013 (thepublic commentperiodendedNovember23, 2013). The EPAcomments(copyattached)werefocused ontwoitems:

. 

### Comment 1: EPAlisted several sectionsoftheNorthDakotaAirPollutionControlRuleswhich theyclaimcontainswhatis knownas a "Director'sDiscretion". EPAwouldlikethe Departmentto eliminatethese "Director'sDiscretions".


### Response: Noneofthe sectionsthatEPAlistedthat supposedlycontaina "Director's Discretion"wereproposedforrevisionandwerenotthe subjectofthispubliccommentperiod. TheDepartmentwillreviewthe listedrules andtakeactionifappropriate.



### Comment2: EPAindicatedthatthechangeto subsection33-15-03-04.3 would notremedytheir

concerns abouttherule containing a "Director'sDiscretion".


### Response: Theproposedchangewaswithdrawn.**:n~a,f:tYJ;t:: q~(1}t~ir:**  UNITED

### STATES'ENVJRONMSNTAI;.PROTECTIGN AGENcv· 

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# ~ NORTH DAKOTA

..,,,,,., DEPARTMENT

### ofHEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve

. Bismarck, ND 58501-1947 701.328.5200 (fax} www.ndhealth.gov



### December 10,2013



### Mr. CarlDaly(AP-AR) 

### U.S. EPA,Region 

### 8 1595 Wynkoop Street Denver, CO 80202-1129

Re: Comments onProposedRuleRevisions**Dear~·** 

### Daly: 

# FILE

This letteris 

### inresponse to yourletterofDecember3, 2013 regardingproposed revisions tothe North Dakota State Implementation

. Plan and Air Pollution Control Rules. Although the comments were received·10 

### days afterthe close ofthepublic.commentperiod, wehave chosen torespond

### to them.

Your comments indicate that several sections ofthe North Dakota

## Air Pollution Control Rules containDirector'sdiscretionlanguage that shouldberemoved. However, none'ofthese sections
were part ofthe proposed rule revisions. The Department will review these sections and take yourcommentsunderadvisement; however, no actionwill

### betakenat

### thistime.

You also commented on the proposed revision to 33-15-03-04.3 and indicated that 

### in your opinion it would notcorrectthe**Director~s** 

### discretion issue inthis section. Although we do not agree

### withyourcomment, wearewithdrawingthechangeat

### thistime.

If you have any questions, please 

### feel free to 

### contact Tom Bachman 

### of my 

### staff 

### at 

### (701)328-5188. Sincerely,

# -~L~'Y~ ( TerryL. O'Clair,P.E. Director Divisionof

### AirQuality 

### TLOtra:saj

EnvironmentalHealth Section ChiefsOffice 701.328.5150 Divisionof AirQuality 701.328.5188 DMslonof Municipal Facilities

701.328.5211
Printsdonrecycledpaper. Division of Waste Management 701.328.5166 DMslonof WaterQuality 701.328.5210

### SECTIONIII

STATELAWS

Appendix B ofthe Plan

### TITLE 23 HEALTH AND SAFETY


### CHAPTER 23-01 STATE DEPARTMENT OF HEALTH

23-01-01. State departmentofhealth

- Officers. The state department of health consists of a health council, a state health officer, section chiefs, directors ofdivisions, and other employees ofthe department.

23-01-01.1. State department of health to replace state department of health and consolidated laboratories. Wherever the terms "North Dakota state department of health", "department of health", "health department", "state department of health and consolidated laboratories", "North Dakota state laboratories department", "state laboratories department", "state laboratories department director", or "state laboratories director" appear in this code, the term "state department of health" must be substituted therefor. Wherever the terms "state food commissioner and chemist" and "commissioner" when referring to the state food commissioner and chemist appear in chapters 19-17 and 19-18, the term "state department of health" must be substituted therefor.

23-01-01.2. State department of health designated primary state environmental agency. The state department of health is the primary state environmental agency.

23-01-02. Health council

- Members, terms of office, vacancies, compensation, officers, meetings. The health council consists of eleven members appointed by the governor in the following manner: four persons from the health care field, five persons representing consumer interests, one person from the energy industry, and one from the manufacturing and processing industry. The governor may select members to the council from recommendations submitted by trade, professional, and consumer organizations. On the expiration of the term of any member, the governor, in the manner provided by this section, shall appoint for aterm ofthree years, persons to take the place of members whose terms on the council are about to expire. The officers ofthe council must be elected annually. Any state agency may serve in an advisory capacity to the health council at the discretion of the council. The council shall meet at least twice each year and at other times as the council or its chairman may direct. The health council shall have as standing committees any committees the council may find necessary. The chairman of the council shall select the members ofthese committees. The members ofthe council are entitled to receive sixty-two dollars and fifty cents as compensation per day and their necessary mileage and travel expenses as provided in sections 44-08-04 and 54-06-09 while attending council meetings or in the performance of any special duties as the council may direct. The per diem and expenses must be audited and paid in the manner in which the expenses of state officers are audited and paid. The compensation provided for in this section may not be paid to any member ofthe council who received salary or other compensation as a regular employee ofthe state, orany ofits political subdivisions, or any institution or industry operated by the state.

23-01-02.1. Hospital utilization committees

- Internal quality assurance review committees

- Reports

- Immunity. Repealed by S.L. 1997, ch. 234, 

### § 5.

23-01-03. Powers and duties ofthe health council. The health council shall: 1. Fix, subject to the provisions of section 23-01-02, the time and place ofthe meetings ofthe council.

Page No. 12. Make rules and regulations for the government of the council and its officers and meetings. 3. Establish standards, rules, and regulations which are found necessary for the maintenance ofpublic health, including sanitation and disease control. 4. Provide for the development, establishment, and enforcement of basic standards for hospitals and related medical institutions which render medical and nursing care, and for the construction and maintenance of such institutions, such standards to cover matters pertaining to sanitation, building construction, fire protection measures, nursing procedures, and preservation of medical records. No rule may be adopted with respect to building construction of existing medical hospitals or related medical institutions unless the rule relates to safety factors or the hospital or related medical institution changes the scope of service in such a way that a different license is required from the department pursuantto rules adopted under chapter 23-16. 5. Hold hearings on all matters brought before it by applicants and licensees of medical hospitals with reference to the denial, suspension, or revocation of licenses and make appropriate determination as specified herein. The council may direct the state health officer to do or cause to be done any or all ofthe things which may be required in the proper performance of the various duties placed upon the state department ofhealth.

23-01-03.1. Newborn metabolic and genetic disease screening tests. The health council may authorize the use of newborn metabolic and genetic disease screening tests, as provided for in chapter 25-17, for research purposes. The council shall adopt rules to ensure that the results are used for legitimate research purposes and to ensure that the confidentiality ofthe newborns and theirfamilies is protected.

23-01-03.2. Duties ofthe health council. The health council shall: 1. Monitor overall health care costs and quality ofhealth care in the state. 2. Recommend to the appropriate interim legislative committees changes to the health care system in the state. 3. Publish an annual report on health care in the state.

23-01-03.3. Long-term care nursing scholarship and loan repayment grant program. 1. The state health council, in cooperation with the North Dakota long term care association, shall administer the long-term care nursing scholarship and loan repayment grant program. The purpose ofthe program is to provide matching funds to nursing facilities for the facilities to use in recruiting and retaining nurses by providing scholarships to nursing facility staff and other individuals to obtain a nursing education and by assisting in the repayment of student loans for licensed nurses employed in a nursing facility. The state health council shall adopt rules necessary to administer the program, including rules establishing criteria regarding eligibility for and distribution of program grants. 2. An applicantfor a program grant shall establish that the applicant: a. Is a licensed nursing facility; b. Has available matching funds equaltothe amount ofthe grant request; and c. Meets the eligibility criteria established by rule. 3. An eligible applicant may receive a program grant not exceeding five thousand five hundred dollars in the first year of the biennium. Any funds appropriated by the legislative assembly for the grant program which are remaining after the first year of the biennium may be distributed to eligible applicants in the second year of the biennium in any amount determined by the state health council.

Page No. 223-01-04. Effectof rules and regulations. All rules and regulations promulgated by the health council under the powers granted by any provisions ofthis title are binding upon all county and municipal health officers, and upon all county, municipal, and private medical hospitals and upon related institutions, and have the force and effect oflaw.

23-01-04.1. Rulemaking authority and procedure. 1. Except as provided in subsection 2, no rule which the state department of health, hereinafter the department, adopts for the purpose of the state administering a program under the federal Clean Air Act, federal Clean Water Act, federal Safe Drinking Water Act, federal Resource Conservation and Recovery Act, federal Comprehensive Environmental Response, Compensation and Liability Act, federal Emergency Planning and Community Right to Know Act of 1986, federal Toxic Substances Control Act, or federal Atomic Energy Act of 1954, may be more stringent than corresponding federal regulations which address the same circumstances. In adopting such rules, the department may incorporate by reference corresponding federal regulations. 2. The department may adopt rules more stringent than corresponding federal regulations or adopt rules where there are no corresponding federal regulations, for the purposes described in subsection 1, only if it makes a written finding after public comment and hearing and based upon evidence in the record, that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings must be supported by an opinion ofthe department referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the department's conclusions. 3. If the department, upon petition by any person affected by a rule of the department, identifies rules more stringent than federal regulations or rules where there are no corresponding federal regulations, the department shall review and revise those rules to comply with this section within nine months ofthe filing ofthe petition. 4. All existing rules ofthe department remain in full force and effect after July 10, 1989, pending department review and revision undersubsection 3. 5. Any person who is issued a notice of violation, or a denial of a permit or other approval, based upon a rule of the department which is more stringent than a corresponding federal regulation orwhere there is no corresponding federal regulation, may assert a partial defense to that notice, or a partial challenge to that denial, on the basis and to the extent that the department's rule violates this section by imposing requirements more stringent than corresponding federal regulations, unless the more stringent rule ofthe department has been adopted in compliance with this section. 6. The provisions ofthis section may not be construed so as to require the departmentto review and propose revisions to any existing rule regarding the collection of fees by the department in connection with the administration of any program identified in subsection 1.

23-01-04.2. Legislative intent

- Health vaccination charges. It is the intent of the legislative assembly that the state department of health adopt rules defining appropriate administration charges for vaccine provided by the department to physicians, private clinics, and hospitals.

23-01-04.3. Alternative health care services pilot project

- Application

- Notice

- Hearing

- Approval

- Duration. 1. At anytime that the health care needs ofa city, township, or other geographic area are not being adequately met, any person may apply to the state health council for approval to conduct an alternative health care services pilot project. The application must address the need for and benefits of the pilot project. It must also contain a

Page No. 3detailed description of the nature and scope of the project, quality control, organization, accountability, responsibility, and financial feasibility. 2. Upon receipt of an application under subsection 1, the state health council shall schedule a public hearing, send notice to all interested parties, and give public notice ofthe hearing by publication in the official newspaper ofeach county in the pilot project area. At the hearing, the council shall accept written and oral testimony. The council shall review the application and all testimony presented at the hearing and approve, disapprove, or modify and approve the application based on criteria established by the council. The criteria must address the availability and use of health personnel, facilities, and services. 3. Notwithstanding any other provisions oflaw, upon approval ofan application submitted under subsection 1, the state health council, in consultation with the state health officer and any other public or private entity consulted by the state health council, shall set the standards for the delivery of health care services by the pilot project. The standards may not adversely affect the state's participation in federal medicare and medicaid programs. No more than ,three separate projects may be operational at any time and no project may be operational for longerthan five years.

23-01-05. Health officer
- Qualifications, salary, term, duties
- Advisory committee. The governor shall appoint the state health officerwho must have had substantive private or public administrative experience and demonstrated experience in the management of people. The state health officer is entitled to receive a salary commensurate with that person's training and experience. The governor shall set the salary of the state health officer within the limits of legislative appropriations to the department. The state health officer is entitled to receive all necessary traveling expenses incurred in the performance of official business. The state health officer may not engage in any other occupation or business that may conflict with the statutory duties of the state health officer and holds office for a term offour years beginning January 1, 1993. The state health officer is the administrative officer ofthe state department of health. Ifthe governor does not appoint as state health officer a physician licensed in this state, the governor shall appoint at least three licensed physicians recommended by the state medical association to serve as an advisory committee to the state health officer. Each member of the advisory committee is entitled to receive reimbursement of expenses in performing official duties in amounts provided by law for other state officers. The term ofthe advisory committee coincides with the term of the state health officer. A committee member serves at the pleasure of the governor. The duties ofthe state health officer are as follows: 1. Enforce all rules and regulations as promulgated by the health council. 2. Hold public health unit boards of health responsible for enforcement of state rules, serve in an advisory capacity to public health unit boards of health, and provide for coordination ofhealth activities. 3. Establish and enforce minimum standards of performance of the work of the local department of health. 4. Study health problems and plan fortheir solution as may be necessary. 5. Collect, tabulate, and publish vital statistics for each important political or health administrative unit ofthe state and forthe state as awhole. 6. Promote the development of local health services and recommend the allocation of health funds to localjurisdictions subjectto the approval ofthe health council. 7. Collect and distribute health education material. 8. Maintain a central public health laboratory and where necessary, branch laboratories for the standard function of diagnostic, sanitary and chemical examinations, and production and procurement of therapeutic and biological preparations for the prevention ofdisease and their distribution for public health purposes. 9. Establish a service for medical hospitals and related institutions to include licensing of such institutions according to the standards promulgated by the health council and consultation service to communities planning the construction of new hospitals and related institutions. 10. Comply with the state merit system policies ofpersonnel administration.

Page No. 411. Establish a program to provide information to the surviving family of a child whose cause ofdeath is suspected to have been the sudden infant death syndrome. 12. Issue any orders relating to disease control measures deemed necessary to prevent the spread of communicable disease. Disease control measures may include special immunization activities and decontamination measures. Written orders issued under this section shall have the same effect as a physician's standing medical order. The state health officer may apply to the district court in a judicial district where a communicable disease is present for an injunction canceling public events or closing places of business. On application ofthe state health officer showing the necessity of such cancellation, the court may issue an ex parte preliminary injunction, pending a full hearing. 13. Make bacteriological examination of bodily secretions and excretions and of waters and foods. 14. Make preparations and examinations of pathological tissues submitted by the state health officer, by any county superintendent of public health, or by any physician who has been regularly licensed to practice in this state. 15. Make all required analyses and preparations, and furnish the results thereof, as expeditiously and promptly as possible. 16. Cause sanitary statistics to be collected and tabulated, and cause to be ascertained by research work such methods as will lead to the improvement of the sanitation of the various parts ofthe state. 17. From time to time, cause to be issued bulletins and reports setting forth the results of the sanitary and pathological work done in the laboratories embodying all useful and important information resulting from the work carried on in the laboratories during the year, the substance of such bulletins and reports to be incorporated in the annual report ofthe state health officer. 18. Establish by rule a schedule of reasonable fees that may be charged for laboratory analysis. No charge may be made for any analysis conducted in connection with any public health incident affecting an entire region, community, or neighborhood. 19. a. Establish a review process for instances in which the department is requested to conduct an epidemiological assessment of a commercial building. The epidemiological assessment must include: (1) A statement ofwhetherthere are known environmental causes; (2) If there are known environmental causes identified, a recommendation of howthey can be remediated or mitigated; and (3) Ifthere are no known environmental causes identified, a statement that no known causes exist. · b. Costs for remediation, mitigation, and consultant services are the responsibility of the building owner. Proof of remediation of any identified environmental concern related to the epidemiological assessment is the burden ofthe building owner.

23-01-05.1. Organ or tissue transplant assistance administration
- Standing appropriation. The state health officer shall select a private nonprofit patient-oriented organization incorporated in this state for the purpose ofadministering financial assistance to organ or tissue transplant patients who are residents of this state. The state health officer shall adopt rules governing administration ofthis section. The organization selected shall administer and provide grants from available funds to alleviate demonstrated financial needs oftransplant patients for any costs associated with transplant operations, under guidelines based on current social service eligibility requirements. There is hereby created as a special fund in the state treasury an organ transplant support fund, the principal and income ofwhich is hereby appropriated to the organization selected underthis section. The organization administering the fund may solicit contributions from private or governmental sources and such contributions may be deposited in the fund.

Page No. 523-01-05.2. Administration ofepinephrine
- Liability. 1. The state health officer shall adopt rules to authorize a layperson to administer epinephrine to an individual who has a severe allergic reaction. 2. An individual authorized to administer epinephrine by the state health officer may obtain premeasured doses of epinephrine and the necessary paraphernalia for epinephrine administration from any licensed physician or pharmacist. 3. An individual authorized to administer epinephrine by the state health officer, and the employer of such an individual, is not civilly or criminally liable for any act or omission ofthat individual when acting in good faith while rendering emergency treatment to an individual who has a severe adverse reaction, except when the conduct.amounts to gross negligence.

23-01-05.3. Immunization data. 1. The state department of health may establish an immunization information system and may require the childhood immunizations specified in subsection 1 of section 23-07-17.1 and other information be reported to the department. The state department of health may only require the reporting of childhood immunizations and other data upon completion of the immunization information reporting system. A health care providerwho administers a childhood immunization shall report the patient's identifying information, the immunization that is administered, and other required information to the department. The report must be submitted using electronic media, and must contain the data content and use the format and codes specified by the department. 2. If a health care provider fails to submit an immunization report required under this section within fourweeks ofvaccination: a. That health care provider may not order or receive any vaccine from the North Dakota immunization program until that provider submits all reports required underthis section. b. The state department of health shall make a report to that health care provider's occupational licensing entity outlining that provider's failure to comply with the reporting requirements underthis section. 3. Notwithstanding any other provision of law, a health care provider, elementary or secondary school, early childhood facility, public or private postsecondary educational institution, city or county board ofhealth, district health unit, and the state health officer may exchange immunization data in any manner with one another. Immunization data that may be exchanged under this section is limited to the date and type of immunization administered to a patient and may be exchanged regardless ofthe date ofthe immunization.

23-01-05.4. Departmentto employ state forensic examiner
- Qualifications
- Duties. The state department of health may employ and establish the qualifications and compensation ofthe state forensic examiner. The state forensic examiner must be a physician who is board-certified or board-eligible in forensic pathology, who is licensed to practice in this state, and who is in good standing in the profession. The state forensic examiner shall: 1. Exercise all authority conferred upon the coroner under chapter 11-19.1 and any other law; 2. Consultwith local coroners on the performance oftheir duties as coroners; 3. Conduct investigations into the cause of death of and perform autopsies on any deceased human body whenever requested to do so by the acting local county coroner orthe local state's attorney; 4. Provide training and educational materials to local county coroners, law enforcement, and any other person the state forensic examiner deems necessary; 5. Maintain complete records of the cause, manner, and mode of death necessary for accurate health statistics and for public health purposes; and 6. Perform other duties assigned by the state health officer.

Page No. 623-01-05.5. Autopsy reports
- Confidential

- Exceptions. 1. As used in this section: a. "Autopsy report" means the report of the forensic examiner or the examiner's designee on the post-mortem examination of a deceased individual to determine the cause and manner of death, including any written analysis, diagram, photograph, ortoxicological test results. b. "Report of death" means the official findings on the cause ofdeath and manner of death issued by the state forensic examiner, the examiner's designee, county coroner, or pathologist performing an autopsy ordered by a county coroner or by the state forensic examiner and which is the face page of the autopsy report identifying the decedent and stating the cause ofdeath and manner ofdeath. 2. An autopsy report and any working papers and notes relating to an autopsy report are confidential and may be disclosed only as permitted by this section. The report of death is a public record subjectto disclosure undersection 44-04-18. 3. Subject to the limitations on the disclosure of an autopsy photograph or other visual image or video or audio recording of an autopsy required under section 44-04-18.18, any working papers and notes relating to a final autopsy report may be disclosed pursuant to a court order and as otherwise expressly provided by law. 4. The state forensic examiner or the examiner's designee shall disclose a copy of the autopsy report: a. To any county coroner, including a coroner in any state or Canadian province, with jurisdiction over the death, and the coroner may use or disclose these records for purposes ofan investigation, inquest, or prosecution. b. To any state's attorney or criminal justice agency, including a prosecutor or criminal justice agency ofthe United States, any state, orany Canadian province, with jurisdiction over an investigation of the death and the state's attorney or criminal justice agency may use or disclose these records for the purposes ofan investigation or prosecution. c. To workforce safety and insurance ifthe death is related to the decedent's work, and to any other workers' compensation or other similar program, established by law, that provides benefits for work-related injuries or illness without regard to fault ifthere is no criminal investigation. d. To the child fatality review panel ifthere is no active criminal investigation. e. In accordance with a court order. 5. The state forensic examiner orthe examiner's designee upon request shall disclose a copy ofthe autopsy report to: a. The decedent's personal representative and to the decedent's spouse, child, or parent, upon proofofthe relationship, ifthere is no active criminal investigation. b. A physician or hospital who treated the deceased immediately prior to death if there is no active criminal investigation. c. An insurance company upon proof that the decedent's life was covered by a policy issued by the company ifthere is no active criminal investigation. d. The food and drug administration, the national transportation safety board, the occupational health and safety administration, and any other federal or state agency with authority to obtain an autopsy report to investigate a death resulting from the decedent's type ofinjury or illness. e. A professional or research organization collecting data to initiate or advance death investigation standards, after the identifiers necessary to create a limited data set under title 45, Code of Federal Regulations, part 164, section 514, subsection e have been removed from the report. 6. The forensic examiner, the examiner's designee, any county coroner orcounty medical coroner, and any public employee who, in good faith, discloses autopsy findings, an autopsy report, or other information relating to an autopsy report or cause ofdeath to a person who the public official or employee reasonably believes is entitled to that information under this section is immune from any liability, civil or criminal, for making

Page No. 7that disclosure. For the purposes of any proceeding, the good faith of any public employee who makes a disclosure underthis section is presumed.

23-01-06. Biennial report
- Contents. The state health officer shall submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. In addition to any requirements established pursuant to section 54-06-04, the report must cover the following subjects: 1. The activities of the various divisions, the work accomplished during the two years covered by the report, and an analysis ofthe program ofeach ofthe divisions. 2. The expenditures ofthe state department ofhealth. 3. The expenditures in each county board ofhealth or the district board of health. 4. Any reports relating to the hospital program as required bythe health council.

23-01-07. Structure ofdepartment. Repealed by S.L. 1993, ch. 218, 

### § 10.

23-01-08. Directors ofdivisions
- Deputy -Appointment, salary, duties. The state health officer shall appoint directors ofthe various divisions ofthe department and shall determine the salary, within the limits of legislative appropriations to the department and in conformity with the state merit system, to be received by such persons. The duties of such director must be those prescribed by the state health officer. The state health officer may appoint a deputy state health officer. A deputy state health officer who does not hold a health-related degree may not individually issue an order regarding public health unless the order is cosigned by a physician who is employed by the department or cosigned by the state epidemiologist. The deputy state health officer serves atthe pleasure ofthe state health officer.

23-01-09. Duties ofdirector ofconsolidated laboratories branch. Repealed by S.L. 1993, ch. 218, 

### § 10.

23-01-09.1. Duties ofstate toxicologist. Repealed by S.L. 2003, ch. 469, 

### § 13.

23-01-10. Office space. The state shall provide suitable office space in Bismarck for housing and maintaining the state department of health. Special fireproof vaults must be provided for the storage of birth and death certificates.

23-01-11. Acceptance of funds and right to qualify for benefits under federal laws authorized. The state department of health may: 1. Accept funds from cities, counties, the federal government, private organizations, and individuals for infancy and maternal hygiene, for other public health work and for the purpose of conducting a survey of existing medical hospitals and related institutions, planning of needed hospital construction and for construction and maintenance of such medical hospitals and related institutions. When approved by the governor ofthis state, the state department of health may match the same from any unexpended portion of its appropriation in accordance with specifications agreed to or required by congressional act. All infancy and maternal hygiene and public health work must be done underthe supervision ofthe state department of health. 2. Adopt rules necessary to enable the state to be in compliance with any federal laws in order to qualify for any federal funds related to medical facilities or agencies licensed by the state department of health.

Page No. 823-01-12. Hospital records to be kept at direction ofstate health officer. When any person is admitted into a lying-in hospital or other institution, public or private, to which persons resort for the treatment of disease or for confinement, or to which persons are committed by process of law, the superintendent, manager, or other person in charge of such institution shall make a record of all the personal and statistical particulars relative to such person. The record must be in such form as is directed by the state health officer. In the case of any person admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the records the nature of the disease and where, in the physician's opinion, itwas contracted. The personal particulars and information required for compliance with the provisions ofthis section must be obtained from the individual personally ifpracticable, and when the information cannot be obtained from the individual, from the individual's relatives or friends orfrom any other person acquainted with the facts.

23-01-13. Blood plasma
- Obtaining, storing, and distributing. Repealed by S.L. 1991, ch. 263, 

### § 1.

23-01-14. State department of health authorized to transferfuture accumulated fees. As a continuing policy, the state department of health may automatically from time to time transfer unclaimed fees on depositwith the Bank ofNorth Dakota orother authorized depository to the state general fund when the unclaimed status has existed for a period of at least three years.

23-01-15. Research studies confidential
- Penalty. 1. All information, records of interviews, written reports, statements, notes, memoranda, or other data procured by the state department of health, in connection with studies conducted by the state department of health, or carried on by the department jointly with other persons, agencies, or organizations, or procured by such other persons, agencies, or organizations, for the purpose of reducing the morbidity or mortality from any cause or condition of health is confidential and must be used solely for the purposes ofmedical or scientific research. 2. Such information, records, reports, statements, notes, memoranda, or other data is not admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. Such information, records, reports, statements, notes, memoranda, or other data may not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative ofthe state department of health, nor by any other person, except as may be necessary for the purpose of furthering the research project to which they relate. No person participating in such research project may disclose, in any manner, the information so obtained except in strict conformity with such research project. No officer or employee of said department may interview any patient named in any such report, nor a relative ofany such patient, unless the consent ofthe attending physician and surgeon is first obtained. 3. The furnishing of such information to the state department of health or its authorized representative, or to any other cooperating agency in such research project, does not subject any person, hospital, sanitarium, rest home, nursing home, or other person or agency furnishing such information, to any action for damages or other relief.

23-01-16. Dairy products -Jointstandards. The state department of health and the dairy department of the department of agriculture shall jointly adopt a set of uniform standards in relation to all matters falling within their joint jurisdiction regarding dairy products. The state department of health, district health units, municipal health departments or units, and the dairy department shall each be permitted to accept any inspection report of the other department or unit regarding the inspection of dairy products and the producers and processors of such products, when such report is based substantially upon standards conforming with the milk ordinance and code recommended bythe United States public health service.

Page No. 923-01-17. Noise harmful to health and safety
- Powerto regulate
- Hearings -Appeal

- Penalty
- Injunction. Repealed by S.L. 1991, ch. 264, 

### § 1.

23-01-18. State department of health responsible for control of rabies. Repealed by S.L. 1999, ch. 243, 

### § 2.

23-01-19. Extermination of rabies. Repealed by S.L. 1999, ch. 243, 

### § 2.

23-01-20. Traumatic head injury defined. Repealed by S.L. 1999, ch. 231, 

### § 1.

23-01-21. Central registry oftraumatic head injury
- Establishment
- Reports. Repealed by S.L. 1999, ch. 231, 

### § 1.

23-01-22. Departmentto employ waste managementfacility inspectors. The state department of health shall employ and establish the qualifications, duties, and compensation ofat least one full-time inspector for each commercial, nonpublicly owned waste management disposal or incineration facility that accepts more than twenty-five thousand tons [22679.5 kilograms] per year of hazardous waste, industrial waste, nuclear waste, or ash resulting from the incineration of municipal solid waste. This section does not apply to any energy conversion facility or coal mining operation that disposes of its solid waste onsite. The department may require inspectors for those facilities that accept less than twenty-five thousand tons [22679.5 kilograms] peryear. The facility inspector shall conduct regular inspections ofthe operating procedure and conditions ofthe facility and report the findings to the department on a regular basis. If an inspector discovers a condition at a facility that is likely to cause imminent harm to the health and safety of the public or environment, the inspector shall notify the department. The department shall proceed as provided by sections 23-29-10 and 23-29-11. The department shall assess the owner or operator of a waste management facility that accepts hazardous waste, industrial waste, nuclearwaste, or ash resulting from the incineration of municipal solid waste an annual fee to pay the salaries, wages, and operating expenses associated with employing an inspectorfor the facility. The owner or operator ofthe facility shall submit the fee to the department by Julyfirst ofeach year. Any fees collected must be deposited in the department's operating fund in the state treasury and any expenditures from the fund are subjectto appropriation by the legislative assembly. Ifafacility begins operation after Julyfirst of any year, the owner or operator ofthe facility shall pay to the department a prorated fee for the fiscal year before the facility may begin accepting waste. Moneys in the waste management facility account may be spent by the departmentwithin the limits oflegislative appropriation.

23-01-23. Permit or investigatory hearings
- Exemption from chapters 28-32 and 54-57. A permit hearing conducted for purposes of receiving public comment or an investigatory hearing conducted under chapters 23-20.1, 23-20.3, 23-25, 23-29, 61-28, and 61-28.1 is not an adjudicative proceeding under chapter 28-32 and is not subject to the requirements of chapter 54-57.

23-01-24. Health care cost and quality review program - Penalty. The department of health shall conduct a continuous program to review and improve the quality of health care in the state. The department may contract with a qualified person or organization to develop and implement the program. The department shall use the program to compile relevant information about the quality of health care in this state which will allow the department to evaluate the cost, quality, and outcomes of health care. The department shall establish and consult a provider advisory committee composed of health care providers regarding the data that is a cost-effective process for collecting and evaluating the information.

Page No. 10The state health officer may assess against a provider a penalty ofone hundred dollars per day for each day the provider willfully refuses to provide the department with information requested for use with the program, but the penalty may not exceed one thousand dollars for each request. A provider against whom a fee is assessed may appeal that assessment to the state health council. If the provider fails to pay the penalty, the health council may, in the county where the provider's principal place of business is located, initiate a civil action against the provider to collect the penalty. As used in this section, "provider'' means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or professional practice. The department shall ensure that patient privacy is protected throughout the compilation and use of the information. The department shall evaluate data management capabilities in the state and shall organize its capabilities to provide information about the cost ofcare on an individual provider basis as well as a collective basis.

23-01-25. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws
- Laboratoryfunction. Notwithstanding any other provision of law, any laboratory test or analysis required under chapter 19-13.1, 19-18, or 19-20.1 must be performed by the state department of health for the agriculture commissioner at no charge.

23-01-26. State department ofhealth
- Indirect cost recoveries. Notwithstanding section 54-44.1-15, the state department of health may deposit indirect cost recoveries in its operating account.

23-01-27. Donated dental services program. The state department of health shall contract with the North Dakota dental association, or other appropriate and qualified organizations, to develop and administer a donated dental services program through which volunteer dentists provide comprehensive dental care for needy, disabled, aged, or medically compromised individuals. The volunteers will treat individuals through the program and, with the exception of certain dental laboratory costs, will fully donate their services and supplies. The contract must specify the responsibilities of the administering organization and include: 1. Establishment ofa network ofvolunteer dentists, including dental specialists, volunteer dental laboratories, and other appropriate volunteer professionals to donate dental services to eligible individuals; 2. Establishment ofa system to refer eligible individuals to appropriate volunteers; 3. Development and implementation of a public awareness campaign to educate eligible individuals aboutthe availability ofthe program; 4. Provision ofappropriate administrative and technical supportto the program; and 5. Submission ofan annual report to the state department of health that: a. Accounts for all program funds; b. Reports the number of individuals served by the program and the number of dentists and dental laboratories participating as providers in the program; c. Includes any other information required bythe state department of health; and d. Performs, as required by the state department of health, any other duty relating to the program.

23-01-28. Combined purchasing with local public health units
- Continuing appropriation. The state department of health may make combined orjoint purchases with or on behalf of local public health units for items or services. Payments received by the state department of health from local public health units pursuantto a combined orjoint purchase must be deposited in the operating fund and are appropriated as a standing and continuing appropriation to the state department ofhealth forthe purpose ofthis section.

Page No. 1123-01-29. Bone marrowdonoreducation. The state department of health shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program. The department shall seek assistance from the national marrow donor program to establish a system to distribute materials, ensure that the materials are updated periodically, and address the education and recruitment ofminority populations.

23-01-30. Zoning regulation of concentrated animal feeding operations
- Central repository. The state department of health shall establish, operate, and maintain an electronically accessible central repository for all county and township zoning regulations that pertain to concentrated animal feeding operations. The county auditor of a county and the township clerk ofatownship having a zoning regulation that pertains to concentrated animal feeding operations shall file the regulation with the state department of health for inclusion in the central repository.

23-01-31. North Dakota health information technology steering committee. Repealed by S.L. 2009, ch. 519, 

### § 6.

23-01-32. Viral hepatitis program -Vaccination -Study. 1. The state department of health shall establish and administer a viral hepatitis program with the goal of distributing to residents of the state who are at an increased risk for exposure to viral hepatitis information that addresses the higher incidence of hepatitis C exposure and infection among these populations, addresses the dangers presented by the disease, and provides contacts for additional information and referrals. 2. The department shall establish a list of classes of individuals by category that are at increased risk for viral hepatitis exposure. The list must be consistent with recommendations developed by the federal centers for disease control and prevention. The department shall determine the type of information the department will distribute underthe program and the form and manner ofdistribution. 3. The department shall establish a vaccination and testing program, to be coordinated by the departmentthrough local public health units.

23-01-33. Human papilloma virus
- Information. The state department of health shall educate the public about the human papilloma virus and the availability of a human papilloma virus vaccine; promote immunization against the human papilloma virus; and distribute informational material regarding the human papilloma virus and the human papilloma virus vaccine. The department shall distribute the informational material through relevant department programs and divisions, including breast and cervical cancer control programs; immunization programs; family planning programs; and human immunodeficiency virus and sexually transmitted disease programs. Informational materials distributed must include the recommendations of the advisory committee on immunization practices ofthe federal centers for disease control and prevention; contain information relevant to the target populations of each of the participating programs and divisions distributing the informational material; and contain information regarding the availability ofthe vaccine through the vaccines for children program operated by the department under 42 U.S.C. 1396s, and the medical assistance program.

23-01-34. Children with special health care needs
- Program administration. The state department of health shall administer programs for children with special health care needs as may be necessary to conform to title 5, part 2, ofthe federal Social SecurityAct, as amended through July 1, 2007 [Pub. 

### L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.], including providing services and assistance to children with special health care needs and their families and developing and operating clinics for the identification, screening, referral, and treatment ofchildren with special health care needs.

Page No. 1223-01-35. Tattooing, body piercing, branding, subdermal implants, or scarification

- Permit
- Fee
-Adoption of rules
- Exemptions
- Injury reports. 1. A person may not operate a facility providing tattooing, body piercing, branding, subdermal implant, or scarification services without a permit issued by the department under this section. The holder of a permit shall display the permit in a conspicuous place at the facility for which the permit is issued. A permit issued under this section expires annually. An applicant for a permit shall submit an application for a permit to the department, on a form provided by the department, with a permit fee established by the department. The application must include the name and complete mailing address and street address of the facility and any other information reasonably required by the department forthe administration ofthis section. 2. The health council shall adopt rules to regulate any person that receives compensation for engaging in the practice oftattooing, body piercing, branding, subdermal implants, or scarification. The rules must establish health and safety requirements and limitations with respect to the age of an individual who may receive a tattoo, body piercing, or scarification and may prohibit any practice that the health council deems unsafe or athreatto public health. 3. Afacility is exempt from subsection 1 ifthe facility provides body piercing that is limited to the piercing ofthe noncartilaginous perimeter or lobe ofthe ear and the facility does not provide tattooing, branding, scarification, or subdermal implants. A person is exemptfrom regulation under subsection 2 ifthe person's practice under this section is limited to piercing of the noncartilaginous perimeter or lobe of the ear. A licensed health care professional acting within that professional's scope of practice and the associated medical facility are exempt from this section. 4. Ifa customer ofa facility regulated underthis section reports to the facility an injurythe customer or operator of the facility believes to have resulted from the tattooing, body piercing, branding, subdermal implanting, or scarification provided at the facility, the operator of the facility shall provide the customer with written information on how to report the alleged injury to the state department of health. If a licensed health care professional treats a patient for an injury the professional determines, in the exercise of professional judgment, occurred as a result of a service regulated under this section, the professional shall report the circumstances to the state department of health. A licensed health care professional is immune from liability for making or not making a report underthis subsection. 5. The fees established by the department must be based on the cost of conducting routine and complaint inspections and enforcement actions and preparing and sending license renewals. Fees collected under this section must be deposited in the department's operating fund in the state treasury and any expenditure from the fund is subject to appropriation by the legislative assembly. The department shall waive all or a portion ofthe fee for any facilitythat is subjectto localjurisdiction.

23-01-36. Appeal from permit proceedings. An appeal from the issuance, denial, modification, or revocation of a permit issued under chapter 23-20.3, 23-25, 23-29, or 61-28 may be made by the person who filed the permit application, or by any person who is aggrieved by the permit application decision, provided that person participated in or provided comments during the hearing process for the permit application, modification, or revocation. An appeal must be taken within thirty days afterthe final permit application determination is mailed by first-class mail to the permit applicant and to any interested person who has requested a copy ofthe final permit determination during the permit hearing process. Except as provided in this section, an appeal ofthe final permit determination is governed by sections 28-32-40, 28-32-42, 28-32-43, 28-32-44, 28-32-46, and 28-32-49. The department may substitute final permit conditions and written responses to public comments for findings of fact and conclusions of law. Except for a violation of chapter 23-20.3, 23-25, 23-29, or 61-28 which occurs after the permit is issued, or any permit condition, rule, order, limitation, or other applicable requirement implementing those chapters which occurs after the permit is issued, any challenge to the department's issuance, modification, or revocation ofthe permit or

Page No. 13permit conditions must be made in the permit hearing process and may not be raised in any collateral or subsequent legal proceeding, and the applicant and any aggrieved person may raise on appeal only issues thatwere raised to the department in the permit hearing process.

23-01-37. Survey program - Health facilities construction or renovation projects. 1. The state department of health shall conduct a life safety survey process for all health facilities licensed by the division of health facilities of the state department of health during and at the conclusion of a construction, renovation, or construction and renovation project. 2. The department may charge a reasonable fee for the review of plans for construction, renovation, or construction and renovation projects performed under this section based on the size ofthe project Revenues derived from the fees collected under this subsection must be deposited in the department's operating fund in the state treasury. 3. The department shall design and operate the program in a manner that will provide that the surveyor that performs a life safety survey under this section does not violate the federal requirements associated with medicare-certified life safety surveys.

23-01-38. Electronic drug prior authorization and transmission
- Limitations. 1. Except as otherwise provided under this subsection, effective August 1, 2015, a drug prior authorization request must be accessible to a health care provider with the provider's electronic prescribing software system and must be accepted electronically, through a secure electronic transmission, by the payer, by the insurance company, or by the pharmacy benefit manager responsible for implementing or adjudicating or for implementing and adjudicating the authorization or denial of the prior authorization request. For purposes ofthis section, afacsimile is not an electronic transmission. The requirements in this section do not apply to workforce safety and insurance. 2. Effective August 1, 2013, electronic transmission devices used to communicate a prescription to a pharmacist may not use any means or permit any other person to use any means, including advertising, commercial messaging, and popup advertisements, to influence or attempt to influence through economic incentives the prescribing decision of a prescribing practitioner at the point of care. Such means may not be triggered by or be in specific response to the input, selection, or act of a prescribing practitioner or the prescribing practitioner's staff in prescribing a certain pharmaceutical or directing a patient to a certain pharmacy. Any electronic communication sent to the prescriber, including advertising, commercial messaging, or popup advertisements must be consistent with the product label, supported by scientific evidence, and meet the federal food and drug administration requirements for advertising pharmaceutical products. 3. Electronic prescribing software may show information regarding a payer's formulary if the software is not designed to preclude or make more difficult the act ofa prescribing practitioner or patient selecting any particular pharmacy or pharmaceutical.

23-01-39. Immunization program - Provider choice
- Purchasing. 1. As used in this section: a. "Department" means the state department of health. b. "North Dakota immunization advisory committee" means the group of private health care providers, local public health units, department staff, and other applicable individuals which makes immunization and vaccine selection recommendations to the North Dakota immunization program. c. "North Dakota immunization program" means the program administered by the department to provide vaccinations to North Dakota children consistent with state and federal law. d. "Program-eligible child" means any child, who is under nineteen years of age, whose custodial parent or legal guardian resides in this state.

Page No. 14e. "Vaccine" means any vaccine recommended by the federal advisory committee on immunization practices ofthe centers for disease control and prevention. f. "Vaccines for children program" is a federally funded program that provides vaccines at no cost to eligible children pursuant to section 1928 of the Social SecurityAct [42 U.S.C. 1396s]. 2. As part ofthe North Dakota immunization program: a. The department shall implement a provider choice system as part ofthe state's implementation ofthe vaccines for children program. This provider choice system must provide a health care provider participating in the state's vaccines for children program or in any other immunization program for children, adolescents, or adults which is administered through the state using federal or state funds, may select any licensed vaccine, including combination vaccines, and any dosage forms that have in effect a recommendation from the federal advisory committee on immunization practices. This subsection does not apply in the event of a disaster, public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency. b. The department shall establish a program through which the department purchases vaccines through the federal vaccine purchasing contract. (1) The department shall supply public health units with the purchased vaccines. A public health unit that receives vaccines under this subdivision shall administerthe vaccines to program-eligible children. (2) A public health unit that receives vaccines under this purchasing program may not bill an insurer for the cost of the vaccine but may charge an administration fee. (3) The department shall fund this purchasing prograll) through participation in the vaccines for children program, the federal section 317 vaccine program, and state funds appropriated for this purpose. If it appears there will be inadequate funds to fund this purchasing program, the department shall petition the emergency commission for atransfer from the state contingency fund. The emergency commission may grant the transfer request, or so much thereofas may be necessary, to fund this purchasing program.

23-01-40. Diabetes goals and plans
- Report to legislative management. 1. The department of human services, state department of health, Indian affairs commission, and public employees retirement system shall collaborate to identify goals and benchmarks while also developing individual agency plans to reduce the incidence of diabetes in the state, improve diabetes care, and control complications associated with diabetes. 2. Before June first of each even-numbered year the department of human services, state department of health, Indian affairs commission, and public employees retirement system shall submit a report to the legislative management on the following: a. The financial impact and reach diabetes is having on the agency, the state, and localities. Items included in this assessment must include the number oflives with diabetes impacted or covered by the agency, the number of lives with diabetes and family members impacted by prevention and diabetes control programs implemented by the agency, the financial toll or impact diabetes and diabetes complications places on the agency's programs, and the financial toll or impact diabetes and diabetes complications places on the agency's programs in comparison to other chronic diseases and conditions. b. An assessment ofthe benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease. This assessment must document the amount and source for any funding directed to the agency from the legislative assembly for programs and activities aimed at reaching those with diabetes. c. A description of the level of coordination existing between the agencies on activities, programmatic activities, and messaging on managing, treating, or preventing diabetes and diabetes complications.

Page No. 15d. The development or revision of detailed action plans for battling diabetes with a range ofactionable items for consideration by the legislative assembly. The plans must identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications. The plan must identify expected outcomes of the action steps proposed in the following biennium while also establishing benchmarks for controlling and preventing relevant forms of diabetes.
e. The development of a detailed budget blueprint identifying needs, costs, and resources required to implementthe plan identified in subdivision d. This blueprint must include a budget range for all options presented in the plan identified in subdivision dfor consideration by the legislative assembly.

23-01-41. Autism spectrum disorder database
- Rulemaking
- Confidentiality. 1. The state department of health shall establish and administer an autism spectrum disorder database. The database must include a record of all reported cases ofautism spectrum disorder in the state and any other information determined relevant and appropriate by the department in order to complete epidemiologic surveys of the autism spectrum disorder, enable research and analysis of the autism spectrum disorder, and provide services to individuals with an autism spectrum disorder. 2. The state department of health shall establish criteria regarding who is qualified to report a case of autism spectrum disorder to the database. In establishing this criteria, the department shall require that the reporter be a doctoral-level professional and be appropriately licensed, credentialed, and experienced in the field of autism spectrum disorder, including intellectual testing and other formal evidenced-based assessments for autism spectrum disorders. The department shall consult with experts in establishing this criteria. 3. The database established underthis section must: a. Include the reported individual's diagnoses under the most recent edition ofthe American psychiatric association's diagnostic and statistical manual of mental disorders; and b. Include a complete physical evaluation ofthe reported individual, performed by a licensed physician. 4. The health council shall adopt rules to provide for mandatory reporting to the autism spectrum disorder database and to establish reporting requirements, including timeliness requirements. 5. The state department of health shall keep confidential all records of the database which could be used to identify a reported individual; however, the department may provide these records to other state agencies as necessary to effect the purposes of this database without regard to the confidential nature ofthe records. Ifthe department provides confidential records of the database to a state agency, the department shall notify the receiving agency ofthe confidential nature of the records and the receiving agency shall treat these records as confidential.

Page No. 16

### CHAPTER 23-25 AIR POLLUTION CONTROL

23-25-01. Definitions. For purposes ofthis chapter, the following words and phrases are defined: 1. "Air contaminant" means any solid, liquid, gas, or odorous substance, or any combination thereof. 2. "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, animal or plant life, or which unreasonably interferes with the enjoyment oflife or property. 3. "Air quality standard" means an established concentration, exposure time, or frequency of occurrence of a contaminant or multiple contaminants in the ambient air which may not be exceeded. 4. "Ambient air" means the surrounding outside air. 5. "Asbestos abatement" means any demolition, renovation, salvage, repair, or construction activity which involves the repair, enclosure, encapsulation, removal, handling, ordisposal ofmore than three square feet [0.28 square meter] orthree linear feet [0.91 meter] of friable asbestos material. Asbestos abatement also means any inspections, preparation of management plans, and abatement project design for both friable and nonfriable asbestos material. 6. "Asbestos contractor" means any partnership, firm, association, corporation, limited liability company, or sole proprietorship that contracts to perform asbestos abatement for another. 7. "Asbestos worker" means any person engaged in the abatement of more than three square feet [0.28 square meter] or three linear feet [0.91 meter] of friable asbestos material, except for individuals engaged in abatement at their private residence. 8. "Emission" means a release ofair contaminants into the ambient air. 9. "Emission standard" means a limitation on the release of any air contaminant into the ambient air. 10. "Friable asbestos material" means any**materi~I** containing more than one percent asbestos that hand pressure or mechanical forces expected to act on the material can crumble, pulverize, or reduce to powderwhen dry. 11. "Indirect air contaminant source" means any facility, building, structure, or installation, or any combination thereof, which can reasonably be expected to cause or induce emissions ofair contaminants. 12. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight. 13. "Person" means any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision ofthis state, any other state or political subdivision or agency thereof, and any legal successor, representative agency, or agency ofthe foregoing.

23-25-01.1. Declaration of public policy and legislative intent. It is hereby declared to be the public policy of this state and the legislative intent of this chapter 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 ofthis state, to foster the comfort and convenience ofthe people, and to faciHtate the enjoyment ofthe natural attractions of this state.

23-25-02. State air pollution control agency -Advisory council. 1. The state department of health, hereinafter referred to as the department, is hereby designated as the agency to administer and coordinate a statewide program of air pollution control consistent with the provisions ofthis chapter.

Page No. 12. There is hereby established an air pollution control advisory council, hereinafter referred to as the advisory council, of nine members to include the state health officer, the state geologist, the director of the department of transportation, and six other members to be appointed by the governor, one ofwhom must be a representative of county or municipal government, one a representative ofthe solid fuels industry, one a representative of the fluid and gas fuels industry, one a representative of the environmental sciences, and two appointed at large. 3. The term of office for the appointed members of the advisory council must be six years, but ofthose four first appointed, two shall serve for two years and two for four years, and the lengths oftheirterms must be designated by the governor at the time of appointment. 4. The advisory council shall select its own chairman from among its members. The state health officer, state geologist, and director of the department of transportation each may designate a principal deputy or assistant to act in the officer's place and stead. The chief sanitary engineer of the state department of health, or that officer's designated assistant, must be the principal administrative officer ofthe council. 5. The advisory council shall hold at least one regular meeting each year, and such additional meetings as the chairman deems necessary, at atime and place to be fixed by the chairman. Special meetings must be called by the chairman on the written request ofany three members. Five members constitute a quorum. 6. The advisory council shall hold a public hearing to consider and recommend the adoption, amendment, or repeal of rules, regulations, and standards as provided in this chapter. Notice ofsuch public hearing or hearings must be given by publication of a notice of such hearing or hearings in each ofthe official county newspapers within the state of North Dakota by at least two publications, one week apart, the last publication being at least thirty days prior to the first hearing. The hearing or hearings must be held in the state capitol in Bismarck and interested parties may present witnesses and other evidence pertinent and relevant to proposed rules, regulations, and standards. The advisory council shall consider any other matters related to the purposes ofthis chapter and may make recommendations on its own initiative to the department concerning the administration ofthis chapter.

23-25-03. Power and duties ofthe department. The department shall: 1. Encourage the voluntary cooperation of persons or affected groups to achieve the purposes ofthis chapter. 2. Determine by scientifically oriented field studies and sampling the degree of air pollution in the state and the several parts thereof. 3. Encourage and conduct studies, investigations, and research relating to air pollution and its causes, effects, prevention, abatement, and control. 4. Advise, consult, and cooperate with other public agencies and with affected groups and industries. 5. Issue such orders as may be necessary to effectuate the purposes ofthis chapter and enforce the same by all appropriate administrative and judicial procedures. 6. Provide rules and regulations relating to the construction of any new direct or indirect air contaminant source or modification ofany existing direct or indirect air contaminant source which the department determines will prevent the attainment or maintenance of any ambient air quality standard, and require that prior to commencing construction or modification of any such source, the owner or operator thereof shall submit such information as may be necessary to permit the department to make such determination. 7. Establish ambient air quality standards for the state which may vary according to appropriate areas. 8. Formulate and promulgate emission control requirements for the prevention, abatement, and control of air pollution in this state including achievement of ambient air quality standards.

Page No. 29. Hold hearings relating to any aspect or matter in the administration ofthis chapter, and in connection therewith, compel the attendance of witnesses and the production of evidence. 10. Require the owner or operator of a regulated air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures; and provide such other information as may be required. 11. Provide by rules and regulations a procedure for the handling of applications for the granting of a variance to any person who owns or is in control of any plant, establishment, process, or equipment. The granting of a variance is not a right ofthe applicant but must be in the discretion ofthe department. 12. Provide by rules any procedures necessary and appropriate to develop, implement, and enforce any air pollution prevention and control program established by the Federal Clean Air Act, as amended, and the authorities and responsibilities of which are delegatable to the state by the United States environmental protection agency. Such rules may include any and all enforceable ambient standards, emission limitations, and other control measures, means, techniques, or economic incentives such as fees, marketable permits, and auctions ofemissions rights as provided by the Act. The department shall develop and implement such federal programs if the department determines there is a benefit to the state. 13. Provide by rules a program for implementing lead-based paint remediation training, certification, and performance requirements in accordance with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and 233. After consultation with the advisory council, the department is empowered to adopt, amend, and repeal rules and regulations implementing and consistent with this chapter.

23-25-03.1. Licensing of asbestos and lead-based paint contractors and certification ofasbestos and lead-based paintworkers. The department is charged with the responsibility ofadministering and enforcing a licensing program for asbestos contractors and lead-based paint contractors and a certification program for asbestos workers and lead-based paint workers and is given and charged with the following powers and duties: 1. To require training of, and to examine, asbestos workers and lead-based paint workers. 2. To establish standards and procedures for the licensing of contractors, and the certification of asbestos workers engaging in the abatement of friable asbestos materials or nonfriable asbestos materials that become friable during abatement, and to establish performance standards for asbestos abatement. The performance standards will be as stringent as those standards adopted by the United States environmental protection agency pursuant to section 112 ofthe Federal Clean AirAct, as amended. 3. To establish standards and procedures for the licensing of contractors and the certification of lead-based paint workers engaging in the abatement of lead-based paint and to establish performance standards for lead-based paint abatement in accordance with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and 233. 4. To issue certificates to all applicants who satisfy the requirements for certification under this section and any rules under this section, to renew certificates, and to suspend or revoke certificates for cause after notice and opportunityfor hearing. 5. To establish an annual fee and renewal fees for licensing asbestos contractors and lead-based paint contractors and certifying asbestos and lead-based paint workers and to establish examination fees for asbestos and lead-based paint workers under section 23-25-04.2. The annual, renewal, and examination fees for lead-based contractors and workers may not exceed those charged to asbestos contractors and workers.

Page No. 36. To establish indoor environmental nonoccupational air quality standards for asbestos. 7. To adopt and enforce rules as necessary forthe implementation ofthis section. For nonpublic employees performing asbestos abatement in facilities or on facility components owned or leased by their employer, only the provisions of rules adopted in accordance with the federal Asbestos Hazard Emergency Response Act of 1986 [Pub. 

### L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 etseq.], as amended, or the federal Clean AirAct [Pub. 

### L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 etseq.], as amended, apply to this section. This does not include ownership that was acquired solelyto effect a demolition or renovation.

23-25-03.2. Sulfur dioxide ambient air quality standards more strict than federal standards prohibited. The department may not adopt ambient air quality rules or standards for sulfur dioxide that affect coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt ambient air quality rules or standards for sulfur dioxide that affect these facilities and refineries when there are no corresponding federal rules or standards. Any ambient air quality standards that have been adopted by the department for sulfur dioxide that are more strict than federal rules or standards underthe Clean AirAct, orfor which there are no corresponding federal rules or standards, are void as to coal conversion facilities and petroleum refineries. However, the department may adopt rules for dealing with exposures of less than one hour to sulfur dioxide emissions on a source-by-source basis pursuant to any regulatory program for dealing with short-term exposures to sulfur dioxide that may be established under the Clean Air Act. Any intervention levels or standards set forth in the rules, however, niay not be more strict than federal levels or standards recommended or adopted underthe federal program. In adopting the rules, the department shall follow all other provisions of state law governing the department's adoption of ambient air quality rules when there are no mandatory corresponding federal rules or standards.

23-25-03.3. Requirements for adoption of air quality rules more strict than federal standards. 1. Notwithstanding any other provisions of this title, the department may not adopt air quality rules or standards affecting coal conversion and associated facilities, petroleum refineries, or oil and gas production and processing facilities which are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt air quality rules or standards affecting such facilities when there are no corresponding federal rules or standards, unless the more strict or additional rules or standards are based on a risk assessment that demonstrates a substantial probability of significant impacts to public health or property, a cost-benefit analysis that affirmatively demonstrates that the benefits of the more stringent or additional state rules and standards will exceed the anticipated costs, and the independent peer reviews required by this section. 2. The department shall hold a hearing on any rules or standards proposed for adoption under this section on not less than ninety days' notice. The notice of hearing must specify all studies, opinions, and data that have been relied upon by the department and must state that the studies, risk assessment, and cost-benefit analysis that support the proposed rules or standards are available at the department for inspection and copying. Ifat any time the department intends to rely upon any studies, opinions, risk assessments, cost-benefit analyses, or other information that were not available from the department when it gave its notice of hearing, the department shall give a new notice of hearing not less than ninety days prior to the hearing that clearly identifies the additional or amended studies, analyses, opinions, data, or information upon which the department intends to rely and conduct an additional hearing ifthe first hearing has already been held. 3. In this section:
a. "Cost-benefit analysis" means both the analysis and the written document that contains:

Page No. 4(1) A description and comparison ofthe benefits and costs ofthe rule and ofthe reasonable alternatives to the rule. The analysis must include a quantification or numerical estimate of the quantifiable benefits and costs. The quantification or numerical estimate must use comparable assumptions including time periods, specify the ranges of predictions, and explain the margins of error involved in the quantification methods and estimates being used. The costs that must be considered include the social, environmental, and economic costs that are expected to result directly or indirectly from implementation orcompliance with the proposed rule. (2) A reasonable determination whether as a whole the benefits of the rule justify the costs of the rule and that the rule will achieve the rulemaking objectives in a more cost-effective manner than other reasonable alternatives, including the alternative of no government action. In evaluating and comparing the costs and benefits, the department shall not rely on cost, benefit, or risk assessment information that is not accompanied by data, analysis, or supporting materials that would enable the department and other persons interested in the rulemaking to assess the accuracy, reliability, and uncertaintyfactors applicable to the information. b. "Risk assessment" means both the process used by the department to identify and quantify the degree oftoxicity, exposure, or other risk posed for the exposed individuals, populations, or resources and the written document containing an explanation of how the assessment process has been applied to an individual substance, activity, or condition. The risk assessment must include a discussion that characterizes the risks being assessed. The risk characterization must include the following elements: (1) A description of the exposure scenarios used, the natural resources or subpopulations being exposed, and the likelihood of these exposure scenarios expressed in terms ofprobability. (2) A hazard identification that demonstrates whether exposure to the substance, activity, or condition identified is causally linked to an adverse effect. (3) The major sources of uncertainties in the hazard identification, dose-response, and exposure assessment portions ofthe risk assessment. (4) When a risk assessment involves a choice of any significant assumption, inference, or model, the department in preparing the risk assessment shall: (a) Rely only upon environmental protection agency-approved air dispersion models. (b) Identify the assumptions, inferences, and models that materially affect the outcome. (c) Explain the basis for any choices. (d) Identify any policy decisions or assumptions. (e) Indicate the extent to which any model has been validated by, or conflicts with, empirical data. 

### (f) Describe the impact of alternative choices of assumptions, inferences, or mathematical models. (5) The range and distribution of exposures and risks derived from the risk assessment. c. The risk assessment and cost-benefit analysis performed by the department must be independently peer reviewed by qualified experts selected by the air pollution control advisory council. 4. This section applies to any petition submitted to the department pursuant to section 23-01-04.1 that identifies air quality rules or standards affecting coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.] or for which there are no corresponding federal rules or standards, regardless of whether the department has previously adopted the more strict or additional rules or standards pursuant to section

Page No. 523-01-04.1. This section also applies to any petitions filed under section 23-01-04.1 affecting coal conversion facilities or petroleum refineries that are pending on the effective date ofthis section for which new rules or standards have not been adopted, and the department shall have a reasonable amount ofadditional time to comply with the more stringent requirements of this section. To the extent section 23-01-04.1 conflicts with this section, the provisions ofthis section govern. This section does not apply, however, to existing rules that set air quality standards for odor, hydrogen sulfide, visible and fugitive emissions, or emission standards for particulate matter and sulfur dioxide, but does applyto any new rules governing such matters.

23-25-04. Classification and reporting ofair pollution sources. 1. After consultation with the advisory council the department, by rule or regulation, may classify air contaminant sources according to levels and types of emissions and other criteria which relate to air pollution and may require reporting for any of such class or classes. Classifications made pursuant to this subsection may apply to the state as a whole orto any designated area ofthe state and must be made with special reference to effects on health, economic, and social factors and physical effects on property. 2. Any person operating or responsible for the operation of air contaminant sources of any class for which rules and regulations of the department require reporting shall make reports containing information as may be required by the department relevant to air pollution.

23-25-04.1. Permits or registration. 1. No person shall construct, install, modify, use, or operate an air contaminant source designated by regulation, capable of causing or contributing to air pollution, either directly or indirectly, without a permit from the department or in violation of any conditions imposed by such permit. 2. The department shall provide for the issuance, suspension, revocation, and renewal of any permits which it may require pursuant to this section. 3. The department may require that applications for such permits shall be accompanied by plans, specifications, and such other information as it deems necessary. 4. Possession of an approved permit or registration certificate does not relieve any person of the responsibility to comply with applicable emission limitations or with any other provision of law or regulations adopted pursuant thereto and does not relieve any person from the requirement that that person possess a valid contractor's license issued under chapter43-07. 5. The department by rule or regulation may provide for registration and registration renewal of certain air contaminant sources in lieu of the permit required pursuant to this section. 6. The department may exempt by rule and regulation certain air contaminant sources from the permit or registration requirements set forth in this section when the department makes a finding that the exemption of such sources of air contaminants will not be contrary to section 23-25-01.1.

23-25-04.2. Fees

- Deposit in operating fund. The department by rule or regulation may prescribe and provide for the payment and collection of reasonable fees for the issuance of permits or registration certificates. The permit or registration certificate fees must be based on the anticipated cost offiling and processing the application, of taking action on the requested permit or registration certificate, and conducting an inspection program to determine compliance or noncompliance with the permit or registration certificate. Any moneys collected for permit or registration fees must be deposited in the department operating fund in the state treasury and must be spent subject to appropriation by the legislative assembly.

Page No. 623-25-05. Rightofonsite inspection. 1. Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, installed, orestablished at any reasonable time forthe purpose of ascertaining the state of compliance with this chapter and rules and regulations enforced pursuant thereto. If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status. 2. The department may conduct tests and take samples of air contaminants, fuel, process material, and other materials which affect or may affect emission of air contaminants from any source, and shall have the power to have access to and copy any records required by department rules or regulations to be maintained, and to inspect monitoring equipment located on the premises. Upon request of the department, the person responsible forthe source to be tested shall provide necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants. If an authorized representative of the department, during the course of an inspection, obtains a sample of air contaminant, fuel, process material, or other material, that representative shall issue a receipt for the sample obtained to the owner or operator of, or person responsible for, the source tested. 3. For the purpose of ascertaining the state of compliance with this chapter and any applicable rules, any duly authorized officer, employee, or agent of the department may enter and inspect, at any reasonable time, any property, premises, or place on or at which a lead-based paint remediation activity is ongoing. If requested, the department shall provide to the owner or operator of the premises a report that sets forth all facts found which relate to compliance status.

23-25-06. Confidentiality of records. 1. Any record, report, or information obtained under this chapter must be available to the public, except that upon a showing satisfactory to the department that the record, report, or information, or particular part thereof, otherthan emission data, to which the department has access underthis chapter, if made public, would divulge trade secrets, the department shall consider the record, report, or information or particular portion thereof confidential in the administration ofthis chapter. · 2. Nothing herein may be construed to prevent disclosure of any report, or record of information to federal, state, or local agencies when necessary for purposes of administration ofany federal, state, or local air pollution control laws, or when relevant in any proceeding underthis chapter.

23-25-07. Emission control requirements. Repealed by S.L. 1975, ch. 231, 

### § 11.

23-25-08. Administrative procedure and judicial review. Any proceeding underthis chapter for: 1. The issuance or modification of rules and regulations including emergency orders relating to control ofair pollution; or 2. Determining compliance with rules and regulations of the department, must be conducted in accordance with the provisions of chapter 28-32, and appeals may be taken as therein provided. When an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue an order reciting the existence ofsuch emergency and requiring that such action be taken as is necessaryto meet this emergency. Notwithstanding any provision ofthis chapter, such order must be effective immediately, but on application to the department an interested person must be afforded a hearing before the state health

Page No. 7council within ten days. On the basis of such hearing, the emergency order must be continued, modified, or revoked within thirty days after such hearing. Except as

- provided for in this section, notice of any hearing held under this chapter must be

issued at least thirty days priorto the date specified forthe hearing.

23-25-09. Injunction proceedings. Repealed byS.L.1975, ch. 231, 

### § 11.

23-25-10. Enforcement
- Penalties
- Injunctions. 1. Any person who willfully violates this chapter, or any permit condition, ·rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a fine ofnot more than ten thousand dollars per day perviolation, or by imprisonment for not more than one year, or both. Ifthe conviction is for a violation committed after a first conviction of such person under this subsection, punishment must be by a fine of not more than twenty thousand dollars per day per violation, or by imprisonment for not more than two years, or both. 2. Any person who violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, with criminal negligence as defined by section 12.1-02-02, is subject to a fine of not more than ten thousand dollars per day perviolation, or by imprisonment for not more than six months, or both. 3. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, upon conviction, is subject to a fine of not more than ten thousand dollars per day per violation, or by imprisonment for not more than six months, or both. 4. Any person who violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a civil penalty not to exceed ten thousand dollars per day perviolation. 5. Without prior revocation of any pertinent permits, the department, in accordance with the laws ofthis state governing injunction or other process, may maintain an action in the name of the state against any person to enjoin any threatened or continuing violation of any provision ofthis chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter.

23-25-11. Regulation of odors
- Rules. 1. In areas located within a city orthe area overwhich a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that measures seven odor concentration units or higher outside the property boundary where the discharge is occurring. If an agricultural operation as defined by section 42-04-01 has been in operation for more than one year, as provided by section 42-04-02, and the business or residence making the odor complaint was built or established after the agricultural operation was established, the measurement for compliance with the seven odor concentration units standard must be taken within one hundred feet [30.48 meters] of the subsequently established residence, church, school, business, or public building making the complaint rather than at the property boundary of the agricultural operation. The measurement may not be taken within five hundred feet [.15 kilometer] ofthe property boundary ofthe agricultural operation. 2. In areas located outside a city or outside the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that causes odors that

Page No. 8measure seven odor concentration units or higher as measured at any ofthe following locations: a. Within one hundred feet [30.48 meters] of any residence, church, school, business, or public building, or within a campground or public park. An odor measurement may not be taken at the residence ofthe owner or operator ofthe source of the odor, or at any residence, church, school, business, or public building, orwithin a campground or public park, that is built or established within one-half mile [.80 kilometer] ofthe source ofthe odor afterthe source ofthe odor has been built orestablished; b. At any point located beyond one-half mile [.80 kilometer] from the source ofthe odor, except for property owned by the owner or operator of the source of the odor, or over which the owner or operator of the source of the odor has purchased an odor easement; or c. Ifa county ortownship has zoned or established a setback distance for an animal feeding operation which is greater than one-half mile [.80 kilometer] under either section 11-33-02.1 or 58-03-11.1, or ifthe setback distance under subsection 7 is greaterthan one-half mile [.80 kilometer], measurements for compliance with the seven odor concentration units standard must be taken at the setback distance rather than one-half mile [.80 kilometer] from the facility under subdivision b, except for any residence, church, school, business, public building, park, or campground within the setback distance which was built or established before the animal feeding operation was established, unless the animal feeding operation has obtained an odor easementfrom the preexisting facility. 3. An odor measurement may be taken only with a properly maintained scentometer, by an odor panel, or by another instrument or method approved by the state department of health, and only by inspectors certified by the department who have successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odor samples and concentrations. If a certified inspector measures a violation of this section, the department may send a certified letter of apparent noncompliance to the person causing the apparent violation and may negotiate with the owner or operator for the establishment of an odor management plan and best management practices to address the apparent violation. The department shall give the owner or operator at least fifteen days to implement the odor management plan. Ifthe odor problem persists, the department may proceed with an enforcement action provided at least two certified inspectors at the same time each measure a violation and then confirm the violation by a second odor measurement taken by each certified inspector, at least fifteen minutes, but no more than two hours, after the first measurement. 4. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land in accordance with a nutrient management plan approved by the state department of health. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land owned or leased by that person in accordance with rules adopted by the department. An owner or operator ofa lagoon or waste storage pond permitted by the department is exempt from this section in the spring from the time when the cover of the permitted lagoon or pond begins to melt until fourteen days after all the ice cover on the lagoon or pond has completely melted. Notwithstanding these exemptions, all persons shall manage their property and systems to minimize the impact of odors on their neighbors. 5. This section does not apply to chemical compounds that can be individually measured by instruments, other than a scentometer, that have been designed and proven to measure the individual chemical or chemical compound, such as hydrogen sulfide, to a reasonable degree of scientific certainty, and for which the state department of health has established a specific limitation by rule. 6. For purposes of this section, a public park is a park established by the federal government, the state, or a political subdivision ofthe state in the manner prescribed

Page No. 9by law. For purposes ofthis section, a campground is a public or private area of land used exclusively for camping and open to the public for a fee on a regular or seasonal basis. 7. a. In a county that does not regulate the nature, scope, and location of an animal feeding operation under section 11-33-02, the department shall require that any new animal feeding operation permitted under chapter 61-28 be set back from any existing residence, church, school, business, public building, park, or campground. (1) If there are fewer than three hundred animal units, there is no minimum setback requirement. (2) If there are at least three hundred animal units but no more than one thousand animal units, the setback for any animal operation is one-half mile [.80 kilometer]. (3) If there are at least one thousand one animal units but no more than two thousand animal units, the setback for a hog operation is three-fourths mile [1.20 kilometers] and the setback for any other animal operation is one-half mile [.80 kilometer]. (4) If there are at least two thousand one animal units but no more than five thousand animal units, the setback for a hog operation is one mile [1.60 kilometers] and the setback for any other animal operation is three-fourths mile [1.20 kilometers]. (5) If there are five thousand one or more animal units, the setback for a hog operation is one and one-half miles [2.40 kilometers] and the setback for any other animal operation is one mile [1.60 kilometers]. b. The setbacks set forth in subdivision a do not apply if the owner or operator applying for the permit obtains an odor easement from the preexisting use that is closer. c. For purposes ofthis section: (1) One mature dairy cow, whether milking or dry, equals 1.33 animal units; (2) One dairy cow, heifer or bull, other than an animal described in paragraph 1 equals 1.0 animal unit; (3) One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal unit; (4) One cow-calf pair equals 1.0 animal unit; (5) One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4 animal unit; (6) One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1 animal unit; (7) One horse equals 2.0 animal units; (8) One sheep or lamb equals 0.1 animal unit; (9) One turkey equals 0.0182 animal unit; (10) One chicken, otherthan a laying hen, equals 0.008 animal unit; (11) One laying hen equals 0.012 animal unit; (12) One duck equals 0.033 animal unit; and (13) Any livestock not listed in paragraphs 1 through 12 equals 1.0 animal unit per each one thousand pounds [453.59 kilograms] whether single or combined animal weight. 8. A permitted animal feeding operation may expand its permitted capacity by twenty-five percent on one occasion without triggering a higher setback distance. 9. Neither a county nor a township may regulate or through any means impose restrictions or requirements on animal feeding operations or on other agricultural operations except as permitted under sections 11-33-02 and 58-03-11.

Page No. 10

### CHAPTER 28-32 ADMINISTRATIVE AGENCIES PRACTICEACT

28-32-01. Definitions. In this chapter, unless the context or subject matterotherwise provides: 1. "Adjudicative proceeding" means an administrative matter resulting in an agency issuing an order after an opportunity for hearing is provided or required. An adjudicative proceeding includes administrative matters involving a hearing on a complaint against a specific-named respondent; a hearing on an application seeking a right, privilege, or an authorization from an agency, such as a ratemaking or licensing hearing; or a hearing on an appeal to an agency. An adjudicative proceeding includes reconsideration, rehearing, or reopening. Once an adjudicative proceeding has begun, the adjudicative proceeding includes any informal disposition of the administrative matter undersection 28-32-22 oranother specific statute or rule, unless the matter has been specifically converted to another type of proceeding under section 28-32-22. An adjudicative proceeding does not include a decision or order to file or not to file a complaint, or to initiate an investigation, an adjudicative proceeding, or any other proceeding before the agency, or another agency, or a court. An adjudicative proceeding does not include a decision or order to issue, reconsider, or reopen an order that precedes an opportunity for hearing or that under another section of this code is not subject to review in an adjudicative proceeding. An adjudicative proceeding does not include rulemaking underthis chapter. 2. "Administrative agency" or "agency" means each board, bureau, commission, department, or other administrative unit ofthe executive branch of state government, including one or more officers, employees, or other persons directly or indirectly purporting to act on behalf or under authority of the agency. An administrative unit located within or subordinate to an administrative agency must be treated as part of that agency to the extent it purports to exercise authority subject to this chapter. The term administrative agency does not include: a. The office of management and budget except with respect to rules made under section 32-12.2-14, rules relating to conduct on the capitol grounds and in buildings located on the capitol grounds under section 54-21-18, rules relating to the classified service as authorized under section 54-44.3-07, and rules relating to state purchasing practices as required under section 54-44.4-04. b. The adjutant general with respect to the department ofemergency services. c. The council on the arts. d. The state auditor. e. The department of commerce with respect to the division of economic development and finance. f. The dairy promotion commission. g. The education factfinding commission. h. The educational technology council. i. The board ofequalization. j. The board ofhighereducation. k. The Indian affairs commission. I. The industrial commission with respect to the activities of the Bank of North Dakota, North· Dakota housing finance agency, public finance authority, North Dakota mill and elevator association, North Dakota farm finance agency, the North Dakota transmission authority, and the North Dakota pipeline authority. m. The department of corrections and rehabilitation except with respect to the activities ofthe division ofadult services under chapter 54-23.4.
n. The pardon advisory board. o. The parks and recreation department. p. The parole board. q. The state fair association.

Page No. 1r. The attorney general with respect to activities of the state toxicologist and the state crime laboratory. s. The board of university and school lands except with respect to activities under chapter47-30.1. t. The administrative committee on veterans' affairs except with respect to rules relating to the supervision and government of the veterans' home and the implementation ofprograms or services provided by the veterans' home.
u. The industrial commission with respect to the lignite research fund except as required under section 57-61-01.5.
v. The attorney general with respect to guidelines adopted under section 12.1-32-15 for the risk assessment of sexual offenders, the risk level review process, and public disclosure of information under section 12.1-32-15.
w. The commission on legal counsel for indigents.
x. The attorney general with respect to twenty-four seven sobriety program guidelines and program fees. y. The industrial commission with respect to approving or setting water rates under chapter 61-40. 3. "Agency head" means an individual or body of individuals in whom the ultimate legal authority ofthe agency is vested by law. 4. "Complainant" means any person who files a complaint before an administrative agency pursuant to section 28-32-21 and any administrative agency that, when authorized by law, files such a complaint before such agency or any other agency. 5. "Hearing officer" means any agency head or one or more members of the agency head when presiding in an administrative proceeding, or, unless prohibited by law, one or more other persons designated by the agency head to preside in an administrative proceeding, an administrative lawjudge from the office of administrative hearings, or any other person duly assigned, appointed, or designated to preside in an administrative proceeding pursuantto statute or rule. 6. "License" means a franchise, permit, certification, approval, registration, charter, or similarform ofauthorization required by law. 7. "Order" means any agency action of particular applicability which determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons. The term does not include an executive order issued by the governor. 8. "Party" means each person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. An administrative agency may be a party. In a hearing for the suspension, revocation, or disqualification of an operator's license under title 39, the term may include each city and each county in which the alleged conduct occurred, but the city or county may not appeal the decision of the hearing officer. 9. "Person" includes an individual, association, partnership, corporation, limited liability company, state governmental agency or governmental subdivision, or an agency of such governmental subdivision. 10. "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination ofthe administrative action more probable or less probable than itwould be withoutthe evidence. 11. "Rule" means the whole or a part ofan agency statement ofgeneral applicabilitywhich implements or prescribes law or policy or the organization, procedure, or practice requirements of the agency. The term includes the adoption of new rules and the amendment, repeal, orsuspension ofan existing rule. The term does not include:
a. A rule concerning only the internal management of an agency which does not directly or substantially affect the substantive or procedural rights or duties ofany segment ofthe public. b. A rule that sets forth criteria or guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, and settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution,
orsettlement ofcases, ifthe disclosure ofthe statementwould:

Page No. 2(1) Enable lawviolators to avoid detection; (2) Facilitate disregard of requirements imposed by law; or (3) Give a clearly improper advantage to persons who are in an adverse position to the state. c. A rule establishing specific prices to be charged for particular goods or services sold by an agency. d. A rule concerning only the physical servicing, maintenance, or care of agency-owned or agency-operated facilities or property. e. A rule relating only to the use ofa particular facility or property owned, operated,
or maintained by the state or any ofits subdivisions, ifthe substance ofthe rule is adequately indicated by means of signs or signals to persons who use the facility or property. f. A rule concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, ifadopted by that facility, institution, or hospital. g. A form whose contents or substantive requirements are prescribed by rule or statute or are instructions for the execution or use ofthe form. h. An agency budget. i. An opinion ofthe attorney general. j. A rule adopted by an agency selection committee undersection 54-44.7-03. k. Any material, including a guideline, interpretive statement, statement of general policy, manual, brochure, or pamphlet, which is explanatory and not intended to have the force and effect oflaw.

28-32-02. Rulemaking power ofagency - Organizational rule. 1. The authority of an administrative agency to adopt administrative rules is authority delegated by the legislative assembly. As part of that delegation, the legislative assembly reserves to itself the authority to determine when and if rules of administrative agencies are effective. Every administrative agency may adopt, amend, or repeal reasonable rules in conformity with this chapter and any statute administered or enforced by the agency. 2. In addition to other rulemaking requirements imposed by law, each agency may include in its rules a description ofthat portion of its organization and functions subject to this chapter and may include a statement of the general course and method of its operations and how the public may obtain information or make submissions or requests.

28-32-03. Emergency rules. 1. If the agency, with the approval of the governor, finds that emergency rulemaking is necessary, the agency may declare the proposed rule to be an interim final rule effective on a date no earlier than the date of filing with the legislative council of the notice required by section 28-32-10. 2. A proposed rule may be given effect on an emergency basis under this section ifany ofthe following grounds exists regarding that rule:
a. Imminent peril threatens public health, safety, or welfare, which would be abated by emergency effectiveness; b. A delay in the effective date of the rule is likely to cause a loss of funds appropriated to support a duty imposed by law upon the agency; c. Emergency effectiveness is reasonably necessary to avoid a delay in implementing an appropriations measure; or d. Emergency effectiveness is necessaryto meet a mandate offederal law. 3. A final rule adopted after consideration of all written and oral submissions respecting the interim final rule, which is substantially similar to the interim final rule, is effective as ofthe declared effective date ofthe interim final rule. 4. The agency's finding, and a brief statement of the agency's reasons for the finding, must be filed with the legislative council with the final adopted emergency rule.

Page No. 35. The agency shall attempt to make interim final rules known to persons who the agency can reasonably be expected to believe may have a substantial interest in them. As used in this subsection, "substantial interest" means an interest in the effect of the rules which surpasses the common interest of all citizens. An agency adopting emergency rules shall comply with the notice requirements of section 28-32-10 which relate to emergency rules and shall provide notice to the chairman of the administrative rules committee ofthe emergency status, declared effective date, and grounds for emergency status of the rules under subsection 2. When notice of emergency rule adoption is received, the legislative council shall publish the notice and emergency rules on its website. 6. An interim final rule is ineffective one hundred eighty days after its declared effective date unless first adopted as a final rule.

28-32-04. Repeal orwaiver of rules from federal guidelines. 1. An agency shall repeal or amend any existing rule that was adopted from federal guidelines and which is not relevant to state regulatory programs. 2. An agency may not adopt rules from federal guidelines which are not relevant to state regulatory programs when developing or modifying programs. 3. An agency shall seek a waiver from the appropriate United States agency when the United States agency is evaluating current programs or delegating or modifying programs to relieve the agency from complying with or adopting rules that are not relevant to state regulatory programs.

28-32-05. Adoption by reference ofcertain rules. 1. When adopting rules, an agency shall adopt by reference any applicable existing permit or procedural rules that may be adapted for use in a new or existing program. 2. An agency shall seek authorization from the appropriate United States agency to adopt by reference applicable existing permit or procedural rules that may be adapted for use in a new or existing program when the United States agency is delegating or modifying a program.

28-32-06. Force and effect of rules. Upon becoming effective, rules have the force and effect of law until amended or repealed by the agency, declared invalid by a final court decision, suspended or found to be void by the administrative rules committee, or determined repealed by the legislative council because the authority for adoption ofthe rules is repealed or transferred to another agency.

28-32-07. Deadline for rules to implementstatutory change. Any rule change, including a creation, amendment, or repeal, made to implement a statutory change must be adopted and filed with the legislative council within nine months ofthe effective date ofthe statutory change. If an agency needs additional time for the rule change, a request for additional time must be made to the legislative council. The legislative council may extend the time within which the agency must adopt the rule change if the request by the agency is supported by evidence thatthe agency needs more time through no deliberate fault of its own.

28-32-08. Regulatoryanalysis. 1. An agency shall issue a regulatory analysis ofa proposed rule if:
a. Within twenty days afterthe last published notice date ofa proposed rule hearing, a written request for the analysis is filed by the governor or a member of the legislative assembly; or b. The proposed rule is expected to have an impact on the regulated community in excess of fifty thousand dollars. The analysis under this subdivision must be available on or before the first date of public notice as provided for in section 28-32-10.

Page No. 42. The regulatory analysis must contain: a. A description of the classes of persons who probably will be affected by the proposed rule, including classes that will bear the costs ofthe proposed rule and classes that will benefitfrom the proposed rule; b. A description ofthe probable impact, including economic impact, ofthe proposed rule; c. The probable costs to the agency ofthe implementation and enforcement ofthe proposed rule and any anticipated effect on state revenues; and d. A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why the methods were rejected in favor ofthe proposed rule. 3. Each regulatory analysis must include quantification of the data to the extent practicable. 4. The agency shall mail or deliver a copy ofthe regulatory analysis to any person who requests a copy ofthe regulatory analysis. The agency may charge a fee for a copy of the regulatory analysis as allowed under section 44-04-18. 5. If required under subsection 1, the preparation and issuance ofa regulatory analysis is a mandatory duty of the agency proposing a rule. Errors in a regulatory analysis, including erroneous determinations concerning the impact ofthe proposed rule on the regulated community, are not a ground upon which the invalidity of a rule may be asserted ordeclared.

28-32-08.1. Rules affecting small entities
- Analysis
- Economic impact statements

- Judicial review. 1. As used in this section: a. "Small business" means a business entity, including its affiliates, which: (1) Is independently owned and operated; and (2) Employs fewer than twenty-five full-time employees or has gross annual sales ofless than two million five hundred thousand dollars; b. "Small entity" includes small business, small organization, and small political subdivision; c. "Small organization" means any not-for-profit enterprise that is independently owned and operated and is not dominant in its field; and d. "Small political subdivision" means a political subdivision with a population of less than five thousand. 2. Before adoption of any proposed rule, the adopting agency shall prepare a regulatory analysis in which, consistent with public health, safety, and welfare, the agency considers utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small entities. The agency shall consider each of the following methods of reducing impact of the proposed rule on small entities: a. Establishment of less stringent compliance or reporting requirements for small entities; b. Establishment of less stringent schedules or deadlines for compliance or reporting requirements for small entities; c. Consolidation or simplification of compliance or reporting requirements for small entities; d. Establishment of performance standards for small entities to replace design or operational standards required in the proposed rule; and e. Exemption of small entities from all or any part of the requirements contained in the proposed rule. 3. Before adoption of any proposed rule that may have an adverse impact on small entities, the adopting agency shall prepare an economic impact statement that includes consideration of: a. The small entities subjectto the proposed rule;

Page No. 5b. The administrative and other costs required for compliance with the proposed rule; c. The probable cost· and benefit to private persons and consumers who are affected by the proposed rule; d. The probable effect ofthe proposed rule on state revenues; and e. Any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule. 4. For any rule subject to this section, a small entity that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements ofthis section. A small entity seeking judicial review under this section must file a petition for judicial review within one year from the date of final agency action. 5. This section does not apply to any agency that is an occupational or professional licensing authority, nor does this section apply to the following agencies or divisions of agencies: a. Council on the arts. b. Beefcommission. c. Dairy promotion commission. d. Dry bean council. e. Highway patrolmen's retirement board. f. Indian affairs commission. g. Board for Indian scholarships. h. State personnel board. i. Potato council. j. Board ofpublic school education. k. Real estate trust account committee. 

### I. Seed commission. m. Soil conservation committee.
n. Oilseed council. o. Wheat commission. p. State seed arbitration board. q. North Dakota lottery. 6. This section does not apply to rules mandated by federal law. 7. The adopting agency shall provide the administrative rules committee copies of any regulatory analysis or economic impact statement, or both, prepared under this section when the committee is considering the associated rules.

28-32-08.2. Fiscal notes for administrative rules. When an agency presents rules for administrative rules committee consideration, the agency shall provide a fiscal note or a statement in its testimony that the rules have no fiscal effect. A fiscal note must reflect the effect of the rules changes on state revenues and expenditures, including any effect on funds controlled by the agency.

28-32-09. Takings assessment. 1. An agency shall prepare awritten assessment ofthe constitutional takings implications of a proposed rule that may limit the use of private real property. The agency's assessment must: a. Assess the likelihood that the proposed rule may result in a taking or regulatory taking. b. Clearly and specifically identifythe purpose ofthe proposed rule. c. Explain why the proposed rule is necessary to substantially advance that purpose and why no alternative action is available that would achieve the agency's goals while reducing the impact on private property owners. d. Estimate the potential cost to the government if a court determines that the proposed rule constitutes ataking or regulatory taking.

Page No. 6

### e. Identify the source of payment within the agency's budget for any compensation that may be ordered. f. Certify that the benefits ofthe proposed rule exceed the estimated compensation costs. 2. Any private landowner who is or may be affected by a rule that limits the use ofthe landowner's private real property may request in writing that the agency reconsider the application or need for the rule. Within thirty days of receiving the request, the agency shall consider the request and shall in writing inform the landowner whether the agency intends to keep the rule in place, modify application ofthe rule, or repeal the rule. 3. In an agency's analysis ofthe takings implications ofa proposed rule, "taking" means the taking of private real property, as defined in section 47-01-03, by government action which requires compensation to the owner of that property by the fifth or fourteenth amendment to the Constitution ofthe United States or section 16 of article I of the Constitution of North Dakota. "Regulatory taking" means a taking of real property through the exercise ofthe police and regulatory powers of the state which reduces the value of the real property by more than fifty percent. However, the exercise of a police or regulatory power does not effect a taking if it substantially advances legitimate state interests, does not deny an owner economically viable use ofthe owner's land, or is in accordance with applicable state orfederal law.

28-32-10. Notice of rulemaking
- Hearing date. 1. An agency shall prepare afull notice and an abbreviated notice of rulemaking. a. The agency's full notice ofthe proposed adoption, amendment, or repeal ofa rule must include a short, specific explanation ofthe proposed rule and the purpose of the proposed rule, identify the emergency status and declared effective date of any emergency rules, include a determination of whether the proposed rulemaking is expected to have an impact on the regulated community in excess of fifty thousand dollars, identify at least one location where interested persons may review the text of the proposed rule, provide the address to which written comments concerning the proposed rule may be sent, provide the deadline for submission of written comments, provide a telephone number and post-office or electronic mail address at which a copy ofthe rules and regulatory analysis may be requested, and, in the case of a substantive rule, provide the time and place set for each oral hearing. The agency's full notice must include a statement ofthe bill number and general subject matter ofany legislation, enacted during the most recent session of the legislative assembly, which is being implemented by the proposed rule. The agency's full notice must be filed with the legislative council, accompanied by a copy ofthe proposed rules. b. The agency shall request publication of an abbreviated newspaper publication notice at least once in each official county newspaper published in this state. The abbreviated newspaper publication of notice must be in a display-type format with a minimum width of one column of approximately two inches [5.08 centimeters] and a minimum depth of approximatelythree inches [7.62 centimeters] and with a headline describing the general topic ofthe proposed rules. The notice must also include the telephone number or address to use to obtain a copy ofthe proposed rules, identification of the emergency status and declared effective date of any emergency rules, the address to use and the deadline to submit written comments, and the location, date, and time ofthe public hearing on the rules. 2. The agency shall mail or deliver by electronic mail a copy ofthe agency's full notice and proposed rule to each member ofthe legislative assembly whose name appeared as a sponsor or cosponsor of legislation, enacted during the most recent session of the legislative assembly, which is being implemented by the proposed rule and to each person who has made a timely request to the agency for a copy of the notice and proposed rule. The agency may mail or otherwise provide a copy ofthe agency's full notice to any person who is likely to be an interested person. The agency may charge

Page No. 7persons who are not members of the legislative assembly fees for copies of the proposed rule as allowed undersection 44-04-18. 3. In addition to the other notice requirements of this subsection, the superintendent of public instruction shall provide notice of any proposed rulemaking by the superintendent of public instruction to each association with statewide membership whose primary focus is elementary and secondary education issues which has requested to receive notice from the superintendent under this subsection and to the superintendent ofeach public school district in this state, orthe president ofthe school board for school districts that have no superintendent, at least twenty days before the date ofthe hearing described in the notice. Notice provided by the superintendent of public instruction underthis section must be by first-class mail. However, upon request ofa group or person entitled to notice under this section, the superintendent of public instruction shall provide the group or person notice by electronic mail. 4. The legislative council shall establish standard procedures for all agencies to follow in complying with the provisions of this section and a procedure to allow any person to request and receive mailed copies of all filings made by agencies pursuant to this section. The legislative council may charge an annual fee as established by the administrative rules committee for providing copies ofthe filings. 5. At leasttwenty days must elapse between the date ofthe publication ofthe notice and the date ofthe hearing. Within fifteen business days after receipt ofa notice underthis section, a copy of the notice must be mailed by the legislative council to any person who has paid the annual fee established under subsection 4.

28-32-11. Conduct of hearings
- Notice of administrative rules committee consideration
- Consideration and written record of comments. The agency shall adopt a procedure whereby all interested persons are afforded reasonable opportunity to submit data, views, or arguments, orally or in writing, concerning the proposed rule, including data respecting the impact of the proposed rule. The agency shall adopt a procedure to allow interested parties to request and receive notice from the agency ofthe date and place the rule will be reviewed by the administrative rules committee. In case ofsubstantive rules, the agency shall conduct an oral hearing. The agency shall consider fully all written and oral submissions respecting a proposed rule prior to the adoption, amendment, or repeal of any rule not ofan emergency nature. The agency shall make a written record of its consideration of all written and oral submissions contained in the rulemaking record respecting a proposed rule.

28-32-12. Comment period. The agency shall allow, after the conclusion of any rulemaking hearing, a comment period ofat least ten days during which data, views, or arguments concerning the proposed rulemaking will be received by the agency and made a part of the rulemaking record to be considered by the agency.

28-32-13. Substantial compliance with rulemaking procedure. A rule is invalid unless adopted in substantial compliance with this chapter. However, inadvertent failure to supply any person with a notice required by section 28-32-10 does not invalidate a rule. Notwithstanding subsection 2 of section 28-32-42, an action to contest the validity of a rule on the grounds of noncompliance with this chapter may not be commenced more than two years afterthe effective date ofthe rule.

28-32-14. Attorney general review of rules. Every rule proposed by any administrative agency must be submitted to the attorney general for an opinion as to its legality before final adoption, and the attorney general promptly shall furnish each such opinion. The attorney general may not approve any rule as to legality when the rule exceeds the statutory authority ofthe agency or is written in a manner that is not concise or easily understandable orwhen the procedural requirements for adoption ofthe rule in

Page No. 8this chapter are not substantially met. The attorney general shall advise an agency of any revision or rewording ofa rule necessaryto correct objections as to legality.

28-32-15. Filing of rules for publication

- Effective date of rules. 1. A copy of each rule adopted by an administrative agency, a copy of each written comment and a written summary of each oral comment on the rule, and the attorney general's opinion on the rule must be filed by the adopting agency with the legislative council for publication ofthe rule in the North DakotaAdministrative Code. 2. a. Nonemergency rules approved by the attorney general as to legality, adopted by an administrative agency, and filed with the legislative council and not voided or held for consideration by the administrative rules committee become effective according to the following schedule: (1) Rules filed with the legislative council from August second through November first become effective on the immediately succeeding January first. (2) Rules filed with the legislative council from November second through February first become effective on the immediately succeeding April first. (3) Rules filed with the legislative council from February second through May first become effective on the immediately succeeding Julyfirst. (4) Rules filed with the legislative council from May second through August first become effective on the immediately succeeding Octoberfirst. b. If publication is delayed for any reason other than action of the administrative rules committee, nonemergency rules, unless otherwise provided, become effective when publication would have occurred but for the delay. c. A rule held for consideration by the administrative rules committee becomes effective on the first effective date of rules under the schedule in subdivision a following the meeting atwhich that rule is reconsidered by the committee.

28-32-16. Petition for reconsideration of rule

- Hearing by agency. Any person substantially interested in the effect of a rule adopted by an administrative agency may petition such agencyfor a reconsideration ofany such rule or for an amendment or repeal thereof. Such petition must state clearly and concisely the petitioners' alleged grounds for such reconsideration or for the proposed repeal or amendment of such rule. The agency may grant the petitioner a public hearing upon such terms and conditions as the agency may prescribe.

28-32-17. Administrative rules committee objection. If the legislative management's administrative rules committee objects to all or any portion of a rule because the committee deems it to be unreasonable, arbitrary, capricious, or beyond the authority delegated to the adopting agency, the committee may file that objection in certified form with the legislative council. The filed objection must contain a concise statement of the committee's reasons for its action. 1. The legislative council shall attach to each objection a certification ofthe time and date of its filing and, as soon as possible, shall transmit a copy of the objection and the certification to the agency adopting the rule in question. The legislative council also shall maintain a permanent register ofall committee objections. 2. The legislative council shall publish an objection filed pursuant to this section in the next issue of the code supplement. In case of a filed committee objection to a rule subject to the exceptions ofthe definition of rule in section 28-32-01, the agency shall indicate the existence of that objection adjacent to the rule in any compilation containing that rule. 3. Within fourteen days after the filing of a committee objection to a rule, the adopting agency shall respond in writing to the committee. After receipt of the response, the committee may withdraw or modify its objection.

Page No. 94. After the filing of a committee objection, the burden of persuasion is upon the agency in any action for judicial review or for enforcement of the rule to establish that the whole or portion thereof objected to is within the procedural and substantive authority delegated to the agency. Ifthe agency fails to meet its burden of persuasion, the court shall declare the whole or portion ofthe rule objected to invalid and judgment must be rendered against the agency for court costs. These court costs must include a reasonable attorney's fee and must be payable from the appropriation ofthe agency which adopted the rule in question.

28-32-18. Administrative rules committee may void rule
- Grounds
- Amendment by agreement of agency and committee. 1. The legislative management's administrative rules committee may find that all or any portion of a rule is void ifthat rule is initially considered by the committee not laterthan the fifteenth day ofthe month before the date ofthe administrative code supplement in which the rule change is scheduled to appear. The administrative rules committee may find a rule or portion ofa rule void ifthe committee makes the specific finding that, with regard to that rule or portion of a rule, there is: a. An absence ofstatutory authority. b. An emergency relating to public health, safety, orwelfare. c. A failure to comply with express legislative intent or to substantially meet the procedural requirements ofthis chapterfor adoption ofthe rule. d. Aconflict with state law. e. Arbitrariness and capriciousness. f. A failure to make a written record of its consideration of written and oral submissions respecting the rule under section 28-32-11. 2. The administrative rules committee may find a rule void at the meeting at which the rule is initially considered by the committee or may hold consideration ofthat rule for one subsequent meeting. If no representative of the agency appears before the administrative rules committee when rules are scheduled for committee consideration, those rules are held over for consideration at the next subsequent committee meeting. Rules are not considered initially considered by the committee under this subsection until a representative ofthe agency appears before the administrative rules committee when the rules are scheduled for committee consideration. If no representative ofthe agency appears before the administrative rules committee meeting to which rules are held over for consideration, the rules are void ifthe rules were adopted as emergency rules and for rules not adopted as emergency rules the administrative rules committee may void the rules, allow the rules to become effective, or hold over consideration of the rules to the next subsequent committee meeting. Within three business days after the administrative rules committee finds that a rule is void, the legislative council shall provide written notice of that finding and the committee's specific finding under subdivisions athrough f ofsubsection 1to the adopting agency and to the chairman of the legislative management. Within fourteen days after receipt of the notice, the adopting agency may file a petition with the chairman of the legislative management for review by the legislative management of the decision of the administrative rules committee. Ifthe adopting agency does not file a petition for review, the rule becomes void on the fifteenth day after the notice from the legislative council to the adopting agency. If within sixty days after receipt of the petition from the adopting agency the legislative management has not disapproved by motion the finding of the administrative rules committee, the rule is void. 3. An agency may amend or repeal a rule or create a related rule if, after consideration of rules by the administrative rules committee, the agency and committee agree that the rule amendment, repeal, or creation is necessary to address any ofthe considerations under subsection 1. A rule amended, repealed, or created under this subsection is not subject to the other requirements ofthis chapter relating to adoption of administrative rules and may be published by the legislative council as amended, repealed, or created. If requested by the agency or any interested party, a rule amended, repealed,

Page No. 10or created under this subsection must be reconsidered by the administrative rules committee at a subsequent meeting at which public comment on the agreed rule change must be allowed.

28-32-18.1.Administrative rules committee review ofexisting administrative rules. 1. Upon request by the administrative rules committee, an administrative agency shall brief the committee on its existing administrative rules and point out any provisions that appear to be obsolete and any areas in which statutory authority has changed or been repealed since the rules were adopted or amended. 2. An agency may amend or repeal a rule without complying with the other requirements of this chapter relating to adoption of administrative rules and may resubmit the change to the legislative council for publication provided: a. The agency initiates the request to the administrative rules committee for consideration ofthe amendment or repeal; b. The agency provides notice to the regulated community, in a manner reasonably calculated to provide notice to those persons interested in the rule, of the time and place the administrative rules committee will consider the request for amendment or repeal ofthe rule; and c. The agency and the administrative rules committee agree the rule amendment or repeal eliminates a provision that is obsolete or no longer in compliance with law and that no detriment would result to the substantive rights of the regulated community from the amendment or repeal.

28-32-19. Publication ofadministrative code and code supplement. 1. The legislative council shall compile, index, and publish all rules filed pursuant to this chapter in a publication which must be known as the North Dakota Administrative Code, in this chapter referred to as the code. The code also must contain all objections filed with the legislative council by the administrative rules committee pursuant to section 28-32-17. The legislative council shall revise all or part ofthe code as often as the legislative council determines necessary. 2. The legislative council may prescribe a format, style, and arrangement for rules which are to be published in the code and may refuse to accept the filing of any rule that is not in substantial compliance therewith. In arranging rules for publication, the legislative council may make such corrections in spelling, grammatical construction, format, and punctuation ofthe rules as determined proper. The legislative council shall keep and maintain a permanent code of all rules filed, including superseded and repealed rules, which must be open to public inspection during office hours. 3. The legislative council shall compile and publish the North Dakota Administrative Code supplement according to the schedule ofeffective dates ofrules in section 28-32-15. a. The code supplement must contain all rules that have been filed with the legislative council or which have become effective since the compilation and publication ofthe preceding issue ofthe code supplement. b. The code supplement must contain all objections filed with the legislative council by the administrative rules committee pursuantto section 28-32-17. 4. The legislative council, with the consent of the adopting agency, may omit from the code or code supplement any rule the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the rule in printed or duplicated form is made available on application to the agency, and if the code or code supplement contains a notice stating the general subject matter ofthe omitted rule and stating how a copy may be obtained. 5. The code must be arranged, indexed, and printed or duplicated in a manner to permit separate publication ofportions thereof relating to individual agencies. An agency may print as many copies of such separate portions of the code as it may require. If the legislative council does not publish the code supplement due to technological problems or lack offunds, the agency whose rules would have been published in the

Page No. 11code supplement shall provide a copy of the rules to any person upon request. The agency may charge afee for a copy ofthe rules as allowed under section 44-04-18.

28-32-20. Printing, sales, and distribution ofcode and code supplement. 1. The secretary of state shall distribute the code and code supplement and shall distribute copies ofthe code, revisions, and the code supplement without charge to the following: a. Governor, one copy. b. Attorney general, one copy. c. Each supreme courtjudge, one copy. d. Each district courtjudge, one copy. e. Each county auditor of this state, for the use of county officials and the public, one copy. f. Supreme court library, one copy. g. State library, one copy. h. Law library ofthe university of North Dakota, one copy. i. Each ofthe five depository libraries in this state, one copy, upon request. j. Secretary ofstate, one copy. k. Legislative council, four copies. I. Each member ofthe legislative assembly, one copy, upon request. 2. The legislative council, each county auditor in the state, and the librarians for the supreme court library, the state library, the university of North Dakota law library, and the five depository libraries as designated according to subsection 1 and section 54-24-09 shall maintain a complete, current set of the code, including revisions and the code supplement. 3. The secretary of state shall make copies of and subscriptions to the code and code supplement available to any person upon payment ofthe appropriate subscription fee. 4. The legislative council shall determine the appropriate fee for subscribing to the code and code supplement. 5. All fees collected by the secretary ofstate must be deposited in the general fund ofthe statetreasury. 6. If applicable, the administrative code, revisions to the administrative code, and the code supplement must be considered sixth-class printing under sections 46-02-04 and 46-02-09.

28-32-21. Adjudicative proceedings
- Procedures. Administrative agencies shall comply with the following procedures in all adjudicative proceedings: 

### 1. 

### a.

b.



### c. For adjudicative proceedings involving a hearing on a complaint against a specific-named respondent, a complainant shall prepare and file a clear and concise complaint with the agency having subject matter jurisdiction of the proceeding. The complaint shall contain a concise statement of the claims or charges upon which the complainant relies, including reference to the statute or rule alleged to be violated, and the reliefsought. After a complaint is filed, the appropriate administrative agency shall serve a copy of the complaint upon the respondent in the manner allowed for the service of process under the North Dakota Rules of Civil Procedure at least forty-five days before the hearing on the complaint. The administrative agency shall designate the time and place for the hearing and shall serve a copy of the notice of hearing upon the respondent in the manner allowed for service under the North Dakota Rules of Civil Procedure, at least twenty days before the hearing on the complaint. Service ofthe notice of hearing may be waived ·in writing by the respondent, or the parties may agree on a definite time and place for hearing with the consent of the agency having jurisdiction.

Page No. 12d. A complaint may be served less than forty-five days before the time specified for a hearing on the complaint and a notice of hearing on a complaint may be served less than twenty days before the time specified for hearing ifotherwise authorized by statute. However, an administrative hearing regarding the renewal, suspension, or revocation ofa license may not be held fewer than ten days after the licensee has been served, personally or by certified mail, with a copy of a notice for hearing with an affidavit, complaint, specification of issues, or other document alleging violations upon which the license hearing is based.


### e. A complaint may inform the respondent that an answer to the complaint must be served upon the complainant and the agency with which the complaint is filed within twenty days after service of the complaint, or the agency may deem the complaint to be admitted. If the respondent fails to answer as required within twenty days after service of the complaint, the agency may enter an order in default as the facts and law may warrant. Answers must be served in the manner allowed for service underthe North Dakota Rules ofCivil Procedure. f. Service is complete upon compliance with the provisions of the North Dakota Rules of Civil Procedure. Proof of service may be made as provided in the North Dakota Rules ofCivil Procedure. g. A respondent may be given less than twenty days to answer the complaint, pursuant to another statute, but no respondent may be required to answer a complaint in less than five days and an answer must be served on the complainant and the agency with which the complaint is filed at least two days before the hearing on the complaint. h. Amended and supplemental pleadings may be served and filed with the agency in the manner allowed for amended and supplemental pleadings under the North Dakota Rules of Civil Procedure. 2. At any hearing in an adjudicative proceeding, the parties shall be afforded opportunity to present evidence and to examine and cross-examine witnesses as is permitted under sections 28-32-24 and 28-32-35. 3. a. Ifthe adjudicative proceeding does not involve a hearing on a complaint against a specific-named respondent, the provisions of subsection 1 do not apply. Unless otherwise provided by law, the provisions ofsubdivisions bthrough d apply. b. The administrative agency shall designate the time and place for the hearing and shall serve a copy of the notice of hearing upon all the parties in the manner allowed for service under the North Dakota Rules of Civil Procedure at least twenty days before the hearing. Service ofthe notice of hearing may be waived in writing by the parties, or the parties may agree on a definite time and place for the hearing with the consent ofthe agency having jurisdiction. c. A hearing under this subsection may not be held unless the parties have been properly served with a copy of the notice of hearing as well as a written specification of issues for hearing or other document indicating the issues to be considered and determined at the hearing. In lieu of, or in addition to, a specification of issues or other document, an explanation about the nature ofthe hearing and the issues to be considered and determined at the hearing may be contained in the notice. d. Service is complete upon compliance with the provisions of the North Dakota Rules of Civil Procedure. Proof of service may be made as provided in the North Dakota Rules ofCivil Procedure.

28-32-22. Informal disposition. Unless otherwise prohibited by specific statute or rule, informal disposition may be made of any adjudicative proceeding, or any part or issue thereof, by stipulation, settlement, waiver of hearing, consent order, default, alternative dispute resolution, or other informal disposition, subject to agency approval. Any administrative agency may adopt rules of practice or procedure for informal disposition if such rules do not substantially prejudice the rights of any party. Such

Page No. 13rules may establish procedures for converting an administrative matter from one type of proceeding to anothertype ofproceeding.

28-32-23. Adjudicative proceedings
- Exceptions
- Rules ofprocedure. Notwithstanding the requirements for standardization of procedures in adjudicative proceedings under this chapter, an administrative agency may adopt specific agency rules of procedure not inconsistent with this chapter. An administrative agency may also adopt specific agency rules ofprocedure when necessary to comply with requirements found elsewhere in this code or when necessary to comply with the requirements of federal statutes, rules, or standards.

28-32-24. Evidenceto be considered by agency - Official notice. 1. The admissibility of evidence in any adjudicative proceeding before an administrative agency shall be determined in accordance with the North Dakota Rules of Evidence. An administrative agency, or any person conducting proceedings for it, may waive application ofthe North Dakota Rules of Evidence ifa waiver is necessary to ascertain the substantial rights of a party to the proceeding, but only relevant evidence shall be admitted. The waiver must be specifically stated, orally or in writing, either priorto or at a hearing or other proceeding. 2. All objections offered to evidence shall be noted in the record of the proceeding. No information or evidence except that which has been offered, admitted, and made a part ofthe official record of the proceeding shall be considered by the administrative agency, except as otherwise provided in this chapter. 3. Upon proper objection, evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds, or on the basis of evidentiary privilege recognized in the courts of this state, may be excluded. In the absence of proper objection, the agency, or any person conducting a proceeding for it, may exclude objectionable evidence. 4. The North Dakota Rules of Evidence in regard to privileges apply at all stages of an administrative proceeding underthis chapter. 5. All testimony must be made under oath or affirmation. Relevant statements presented by nonparties may be received as evidence if all parties are given an opportunity to cross-examine the nonparty witness or to otherwise challenge or rebut the statements. Nonparties may not examine orcross-examine witnesses except pursuant to a grant of intervention. 6. Evidence may be received in written form if doing so will expedite the proceeding without substantial prejudice to the interests ofany party. 7. Official notice may be taken of any facts that could be judicially noticed in the courts of this state. Additionally, official notice may be taken ofany facts as authorized in agency rules.

28-32-25. Adjudicative proceedings
- Consideration of information not presented at a hearing. In any adjudicative proceeding, an administrative agency may avail itself of competent and relevant information or evidence in its possession or furnished by members of its staff, or secured from any person in the course of an independent investigation conducted by the agency, in addition to the evidence presented at the hearing. It may do so after first transmitting a copy of the information or evidence or an abstract thereof to each party of record in the proceeding. The agency must afford each party, upon written request, an opportunity to examine the information or evidence and to present its own information or evidence and to cross-examine the person furnishing the information or evidence. Any further testimony that is necessary shall be taken at a hearing to be called and held, giving at least ten days' notice. Notice must be served upon the parties in the manner allowed for service under the North Dakota Rules of Civil Procedure. This section also applies to information officially noticed after

Page No. 14the hearing when the issuance of any initial or final order is based in whole or in part on the facts or material noticed.

28-32-26. Costs of investigation. An agency may assess the costs ofan investigation to a person found to be in violation ofa statute or rule as a result of an adjudicative proceeding or informal disposition. The total costs assessed and any civil penalty that may be imposed as a result ofviolation may not exceed the statutorily authorized civil penalty for the violation. For the purposes ofthis section, costs mean reasonable out-of-pocket agency costs, not including any attorney's fees, actually incurred in conducting the investigation for which they may be assessed. Any such costs paid must be paid into the general fund and are appropriated as a refund to the agency for the purposes of defraying the costs of undertaking the investigation.

28-32-27. Hearing officer
- Disqualification
- Substitution. 1. Any person or persons presiding for the agency in an administrative proceeding must be referred to individually or collectively as hearing officer. Any person from the office of administrative hearings presiding for the agency as a hearing officer in an administrative proceeding must be referred to as an administrative lawjudge. 2. Any hearing officer is subject to disqualification for good cause shown. 3. Any party may petition for the disqualification of any person presiding as a hearing officer upon discovering facts establishing grounds for disqualification. 4. A person whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. 5. If a substitute is required for a person who is disqualified or becomes unavailable for any other reason, the substitute may be appointed by: a. The attorney general, if the disqualified or unavailable person is an assistant attorney general; b. The agency head, if the disqualified or unavailable person is one or more members of the agency head or one or more other persons designated by the agency head; c. A supervising hearing officer, ifthe disqualified or unavailable person is a hearing officer designated from an office, pool, panel, or division of hearing officers; or d. The governor, in all other cases. 6. Any action taken by a duly appointed substitute for a disqualified or unavailable person is as effective as iftaken by the disqualified or unavailable person. 7. Any hearing officer in an administrative proceeding, from the time of appointment or designation, may exercise any authority granted by law or rule. A hearing officer may be designated to preside over the entire administrative proceeding and may issue orders accordingly. A procedural hearing officer may only issue orders in regard to the course and conduct of the hearing under statute or rule and to otherwise effect an orderly hearing. Ifa procedural hearing officer is designated, the agency head must be present at the hearing and the agency head shall issue findings of fact and conclusions of law, as well as any order resulting from the hearing.

28-32-28. Intervention. An administrative agency may grant intervention in an adjudicative proceeding to promote the interests of justice if intervention will not impair the orderly and prompt conduct of the proceeding and if the petitioning intervenor demonstrates that the petitioner's legal rights, duties, privileges, immunities, or other legal interests may be substantially affected by the proceeding orthatthe petitioner qualifies as an intervenor under any provision ofstatute or rule. The agency may impose conditions and limitations upon intervention. The agency shall give reasonable notice of the intervention to all parties. An administrative agency may adopt rules relating to intervention in an adjudicative proceeding.

Page No. 1528-32-29. Prehearing conference. Before a hearing, an administrative agency may conduct a prehearing conference after giving reasonable notice to all parties and other interested persons. A prehearing conference may be conducted in total or in part by making use oftelephone, facsimile services, television, or other electronic means, as long as such use does not substantially prejudice or infringe on the rights and interests of any party. An administrative agency may adopt rules regarding the availability of, notice of, and procedures for prehearing conferences.

28-32-30. Default. 1. If a party fails to attend or participate in a prehearing conference, hearing, or other stage ofan adjudicative proceeding, the agency may enter and serve upon all parties written notice of default and a default order, including a statement ofthe grounds for default. 2. Within seven days after service of the default notice, order, and grounds, the party against whom default was ordered may file awritten motion requesting thatthe default order be vacated and stating the grounds relied upon. During the time within whicha party may file a written motion under this section, or at the time of issuing notice and the default order, the agency may adjourn the proceedings or conduct them without the participation of the party against whom a default order was issued, having due regard for the interests of justice and the orderly and prompt conduct of the proceedings. If an agency conducts further proceedings necessary to complete the administrative action without the participation ofa party in default, it shall determine all the issues involved, including those affecting the defaulting party.

28-32-31. Duties of hearing officers. All hearing officers shall: 1. Assure that proper notice has been given as required by law. 2. Conduct only hearings and related proceedings for which proper notice has been given. 3. Assure that all hearings and related proceedings are conducted in a fair and impartial manner. 4. Make recommended findings offact and conclusions of law and issue a recommended order, when appropriate. 5. Conduct the hearing only and perform such other functions of the proceeding as requested, when an agency requests a hearing officer to preside only as a procedural hearing officer. Ifthe hearing officer is presiding only as a procedural hearing officer, the agency head must be present at the hearing and the agency head shall make findings of fact and conclusions of law and issue a final order. The agency shall give proper notice as required by law. The procedural hearing officer may issue orders in regard to the conduct ofthe hearing pursuant to statute or rule and to otherwise effect an orderly and prompt disposition ofthe proceedings. 6. Make findings of fact and conclusions of law and issue a final order, if required by statute or requested by an agency. 7. Function only as a procedural hearing officer, when an agency requests a hearing officerto preside for a rulemaking hearing. The agency head need not be present. The agency shall give proper notice as required by law. 8. Perform any and all other functions required by law, assigned by the director of administrative hearings, or delegated to the hearing officer by the agency.

28-32-32. Emergency adjudicative proceedings. An administrative agency may use an emergency adjudicative proceeding, in its discretion,

. in an emergency situation involving imminent peril to the public health, safety, orwelfare. 1. In an emergency, the administrative agency may take action pursuant to a specific statute as is necessary to prevent or avoid imminent peril to the public health, safety, orwelfare.

Page No. 162. In an emergency, in the absence of a specific statute, an administrative agency may serve a complaint fewer than forty-five days before the hearing and give notice of a hearing on th'e complaint by giving less than twenty days' notice as is necessary to prevent or avoid imminent peril to the public health, safety, orwelfare. But, every party to the emergency adjudicative proceeding must be given a reasonable time within which to serve an answer and to prepare for the hearing, which may be extended by the agency upon good cause being shown. 3. In an emergency, in the absence of a specific statute, in an adjudicative proceeding that does not involve a complaint against a specific-named respondent, an administrative agency may give notice of a hearing by giving less than twenty days' notice as is necessaryto prevent or avoid imminent peril to the public health, safety, or welfare. But, every party to the emergency adjudicative proceeding shall be given a reasonable time to prepare for the hearing, which may be extended by the agency upon good cause being shown. 4. As a result of the emergency adjudicative proceeding, in the absence of a specific statute requiring other administrative action, the administrative agency shall issue an order. The order must include a brief statement of the reasons justifying the determination of imminent peril to the public health, safety, or welfare and requiring an emergency adjudicative proceeding to prevent or avoid the imminent peril. 5. After issuing an order pursuant to this section, the administrative agency shall proceed as soon as possible to complete any other proceedings related to the emergency adjudicative proceeding that do not involve imminent peril to the public health, safety,
orwelfare.

28-32-33. Adjudicative proceedings
- Subpoenas

- Discovery
- Protective orders. 1. In an adjudicative proceeding, discovery may be obtained in accordance with the North Dakota Rules ofCivil Procedure. 2. In any adjudicative proceeding, upon the request or motion of any party to the proceeding or upon the hearing officer's own motion on behalf ofthe agency, a hearing officer may issue subpoenas, discovery orders, and protective orders in accordance with the North Dakota Rules of Civil Procedure. A motion to quash or modify, or any other motion relating to subpoenas, discovery, or protective orders must be made to the hearing officer. The hearing officer's rulings on these motions may be appealed under section 28-32-42 after issuance of the final order by the agency. The cost of issuing and serving a subpoena in any adjudicative proceeding must be paid by the person or agency requesting it. 3. Any witness who is subpoenaed under the provisions ofthis section and who appears at a hearing or other part of an adjudicative proceeding, or whose deposition is taken, shall receive the same fees and mileage as a witness in a civil case in the district court. Witness fees and mileage shall be paid by the party or agency at whose instance the witness appears. Any hearing officer may order the payment of witness fees or mileage by the appropriate party oragency. 4. Subpoenas, discovery orders, protective orders, and other orders issued under this section may be enforced by applying to any judge of the district court for an order requiring the attendance of a witness, the production of all documents and objects described in the subpoena, or otherwise enforcing an order. Failure of a witness or other person to comply with the order ofthe district court is contempt of court which is punishable by the district court, upon application. Thejudge may award attorney's fees to the prevailing party in an application underthis subsection.

28-32-34. Administration ofoaths
- Parties to be advised ofperjury provisions. Any hearing officer in an administrative proceeding has the power to examine witnesses and records and to administer oaths to witnesses. At the time the person presiding administers the oath to a witness, the person shall advise the witness ofthe provisions of subsection 1 of section 12.1-11-01 and ofthe maximum penalty for perjury.

Page No. 1728-32-35. Procedure at hearing. The person presiding at a hearing shall regulate the course ofthe hearing in conformity with this chapter and any rules adopted under this chapter by an administrative agency, any other applicable laws, and any prehearing order. To the extent necessary for full disclosure of all relevant facts and issues, the person presiding at the hearing shall afford to all parties and other persons allowed to participate the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted or conditioned by a grant of intervention or by a prehearing order. A hearing may be conducted in total or in part by making use of telephone, television, facsimile services, or other electronic means if each participant in the hearing has an opportunity to participate in, to hear, and, if practicable, to see the entire proceeding while it is taking place, and ifsuch use does not substantially prejudice or infringe on the rights and interests ofany party.

28-32-36. Agency to make record. An administrative agency shall make a record of all testimony, written statements, documents, exhibits, and other evidence presented at any adjudicative proceeding or other administrative proceeding heard by it. Oral testimony may be taken by a court reporter, by a stenographer, or by use of an electronic recording device. All evidence presented at any proceeding before the administrative agency shall be filed with the agency. A copy ofthe record of any proceeding before an administrative agency, or a part thereof, must be furnished to any party to the proceeding and to any other person allowed to participate in the proceeding, upon written request submitted to the agency and upon payment ofa uniform charge to be set by the agency. Any fee paid to an administrative agency for the record, or a part thereof, shall be paid into the general fund and is appropriated as a refund to the agency for the purposes ofdefraying the costs of preparing the record. An agency may contract with any person or another agency to prepare a record, ora part thereof, ofany proceeding before the agency.

28-32-37. Ex parte communications. 1. Except as provided in subsections 2 and 4 or unless required for the disposition of ex parte matters specifically authorized by another statute, an agency head or hearing officer in an adjudicative proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding, while the proceeding is pending, with any party, with any person who has a direct or indirect interest in the outcome ofthe proceeding, with any other person allowed to participate in the proceeding, or with any person who presided at a previous stage ofthe proceeding, without notice and opportunity for all parties to participate in the communication. 2. When more than one person is the hearing officer in an adjudicative proceeding, those persons may communicate with each other regarding a matter pending before the panel. An agency head or hearing officer may communicate with or receive aid from staff assistants if the assistants do not furnish, augment, diminish, or modify the evidence in the record. 3. Except as provided in subsection 4 or unless required for the disposition of ex parte matters specifically authorized by statute, no party to an adjudicative proceeding, no person who has a direct or indirect interest in the outcome of the proceeding, no person allowed to participate in the proceeding, and no person who presided at a previous stage in the proceeding may communicate directly or indirectly in connection with any issue in that proceeding, while the proceeding is pending, with any agency head or hearing officer in the proceeding without notice and opportunity for all parties to participate in the communication. 4. In an adjudicative proceeding conducted by a hearing officer other than the agency head, counsel for the administrative agency and the agency head, without notice and opportunity for all parties to participate, may communicate and consult regarding the status of the adjudicative proceeding, discovery, settlement, litigation decisions, and other matters commonly communicated between attorney and client, to permit the agency head to make informed decisions. This subsection does not apply after recommended findings of fact, conclusions of law, and orders have been issued,

Page No. 18except counsel for the administrative agency and the agency head may communicate regarding settlement and negotiation after recommended findings offact, conclusions

·· oflaw, and orders have been issued. 5. If, before being assigned, designated, or appointed to preside in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while presiding, the person, promptly after being assigned, designated, or appointed, shall disclose the communication in the manner prescribed in subsection 6. 6. An agency head or hearing officer in an adjudicative proceeding who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, or a memorandum stating the substance of all oral communications received, all responses made, and the identity ofeach person from whom the person received an ex parte oral communication, and shall advise all parties, interested persons, and other persons allowed to participate that these matters have been placed on the record. Any person desiring to rebut the ex parte communication must be allowed to do so, upon requesting the opportunity for rebuttal. A request for rebuttal must be made within ten days after notice ofthe communication. 7. If necessary to eliminate the effect of an ex parte communication received in violation of this section, an agency head or hearing officer in an adjudicative proceeding who receives the communication may be disqualified, upon good cause being shown in writing to the hearing officer or to the agency. The portions ofthe record pertaining to the communication may be sealed by protective order issued by the agency. 8. The agency shall, and any party may, report any willful violation ofthis section to the appropriate authorities for any disciplinary proceedings provided by law. In addition, an administrative agency may, by rule, provide for appropriate sanctions, including default, for any violations ofthis section. 9. Nothing in this section prohibits a memberofthe general public, not acting on behalf or at the request of any party, from communicating with an agency in cases of general interest. The agency shall disclose such written communications in adjudicative proceedings.

28-32-38. Separation offunctions. 1. No person who has served as investigator, prosecutor, or advocate in the investigatory or prehearing stage ofan adjudicative proceeding may serve as hearing officer. 2. No person who is subject to the direct authority of one who has served as an investigator, prosecutor, or advocate in the investigatory or prehearing stage of an adjudicative proceeding may serve as hearing officer. 3. Any other person may serve as hearing officer in an adjudicative proceeding, unless a party demonstrates grounds for disqualification. 4. Any person may serve as hearing officer at successive stages of the same adjudicative proceeding, unless a party demonstrates grounds for disqualification.

28-32-39. Adjudicative proceedings

- Findings of fact, conclusions of law, and order ofagency- Notice. 1. In an adjudicative proceeding an administrative agency shall make and state concisely and explicitly its findings of fact and its separate conclusions of law and the order of the agency based upon its findings and conclusions. 2. If the agency head, or another person authorized by the agency head or by law to issue a final order, is presiding, the order issued is the final order. The agency shall serve a copy ofthe final order and the findings offact and conclusions of law on which it is based upon all the parties to the proceeding within thirty days after the evidence has been received, briefs filed, and arguments closed, or as soon thereafter as possible, in the manner allowed for service under the North Dakota Rules of Civil Procedure.

Page No. 193. If the agency head, or another person authorized by the agency head or by law to issue a final order, is not presiding, then the person presiding shall issue recommended findings offact and conclusions oflaw and a recommended orderwithin thirty days afterthe evidence has been received, briefs filed, and arguments closed, or as soon thereafter as possible. The recommended findings offact and conclusions of law and the recommended order become final unless specifically amended or rejected by the agency head. The agency head may adopt the recommended findings of fact and conclusions of law and the recommended order as final. The agency may allow petitions for review of a recommended order and may allow oral argument pending issuance of a final order. An administrative agency may adopt rules regarding the review of recommended orders and other procedures for issuance of a final order by the agency. Ifa recommended order is issued, the agency must serve a copy of any final order issued and the findings offact and conclusions of law on which it is based upon all the parties to the proceeding within sixty days after the evidence has been received, briefs filed, and arguments closed, or as soon thereafter as possible, in the manner allowed for service underthe North Dakota Rl!les ofCivil Procedure.

28-32-40. Petition for reconsideration. 1. Any party before an administrative agency who is aggrieved by the final order ofthe agency, including the administrative agency when the hearing officer is not the agency head or one or more members ofthe agency head, within fifteen days after notice has been given as required by section 28-32-39, may file a petition for reconsideration with the agency. Filing ofthe petition is not a prerequisite for seeking judicial review. Ifthe agency's hearing officer issues the agency's final order, the petition for reconsideration must be addressed to the hearing officer, who may grant or deny the petition under subsection 4. 2. Any party, including workforce safety and insurance, that appears before workforce safety and insurance may file a petition for reconsideration within thirty days after notice has been given as required by section 28-32-39. 3. The party must submit with the petition for reconsideration a statement ofthe specific grounds upon which relief is requested or a statement of any further showing to be made in the proceeding. The petition must also state whether a rehearing is requested. The petition and any statement shall be considered a part of the record in the proceeding. 4. The administrative agency may deny the petition for reconsideration or may grant the petition on such terms as it may prescribe. If a rehearing is granted, the agency may allow a new hearing or limit the hearing as appropriate. The agency may dissolve or amend the final order and set the matter for further hearing. The petition is deemed to have been denied ifthe agency does not dispose of it within thirty days after the filing ofthe petition. Any rehearing must be presided over by the same person or persons presiding previously at the hearing, if available. Any amended findings, conclusions, and orders must be issued by the same person or persons who issued the previous recommended or final orders, if available. Within thirty days after the close of proceedings upon reconsideration, or as soon thereafter as possible, the agency shall issue and give notice of its order upon reconsideration as required in subsection 3 of section 28-32-39. 5. This section does not limit the right ofany agency to reopen any proceeding or rehear any matter under any continuing jurisdiction which is granted to the agency by statute.

28-32-41. Effectiveness oforders. Unless a later date is stated in the order, a final order of an administrative agency is effective immediately, but a party may not be required to comply with a final order unless it has been served upon the party and notice is deemed given pursuant to section 28-32-39 or the party has actual knowledge ofthe final order. A nonparty may not be required to comply with a final order unless the agency has made the final order available for public inspection and copying or the nonparty has actual knowledge ofthe final order. This section does not preclude

Page No. 20an agency from taking emergency action to protect the public health, safety, or welfare as authorized by statute.

28-32-42. Appeal from determination ofagency - Time to appeal
- Howappeal taken. 1. Any party to any proceeding heard by an administrative agency, exceptwhen the order ofthe administrative agency is declared final by any other statute, may appeal from the order within thirty days after notice of the order has been given as required by section 28-32-39. If a reconsideration has been requested as provided in section 28-32-40, the party may appeal within thirty days after notice ofthe final determination upon reconsideration has been given as required by sections 28-32-39 and 28-32-40. If an agency does not dispose of a petition for reconsideration within thirty days after the filing of the petition, the agency is deemed to have made a final determination upon which an appeal may be taken. 2. Any interested person who has participated in the rulemaking process of an administrative agency may appeal the agency's rulemaking action if the appeal is taken within ninety days afterthe date ofpublication in the North DakotaAdministrative Code ofthe rule resulting from the agency rulemaking action. 3. a. The appeal ofan order may be taken to the district court designated by law, and if none is designated, then to the district court ofthe county in which the hearing or a part thereof was held. If the administrative proceeding was disposed of informally, or for some other reason no hearing was held, an appeal may be taken to the district court of Burleigh County. Only final orders are appealable. A procedural order made by an administrative agency while a proceeding is pending before it is not afinal order. b. The appeal ofan agency's rulemaking action may be taken to the district court of Burleigh County. 4. An appeal shall be taken by serving a notice of appeal and specifications of error specifying the grounds on which the appeal is taken, upon the administrative agency concerned, upon the attorney general or an assistant attorney general, and upon all the parties to the proceeding before the administrative agency, and by filing the notice of appeal and specifications of error together with proof of service of the notice of appeal, and the undertaking required by this section, with the clerk ofthe district court to which the appeal is taken. In an appeal of an agency's rulemaking action, only the administrative agency concerned, the attorney general, or an assistant attorney general, as well as the legislative council, need to be notified. 5. The notice of appeal must specify the parties taking the appeal as appellants. The agency and all other parties of record who are not designated as appellants must be named as appellees. A notice ofappeal ofagency rulemaking actions need not name all persons participating in the rulemaking proceeding as appellees. The agency and all parties of record have the right to participate in the appeal. In the appeal ofagency rulemaking action, any person who has participated in the rulemaking process has the right to participate in the appeal. 6. A bond or other undertaking for costs on appeal must be filed by the appellant as is required by appellants for costs on appeal in civil cases under the rules of appellate procedure. The bond or other undertaking must be filed with the clerk of the district court with the notice of appeal, must be made to the state of North Dakota, and may be enforced by the agency concerned for and on behalf ofthe state as obligee. A bond or other undertaking is not required when filing fees have been waived by a district court pursuant to section 27-01-07 or when the costs of preparation and filing of the record of administrative agency proceedings have been waived by a district court pursuant to subsection 3 ofsection 28-32-44.

28-32-43. Docketing ofappeals. Appeals taken in accordance with this chapter must be docketed as other cases pending in the district court are docketed and must be heard and determined by the court without ajury at such time as the court shall determine.

Page No. 2128-32-44. Agency to maintain and certify record on appeal. 1. An administrative agency shall maintain an official record of each adjudicative proceeding orother administrative proceeding heard by it. 2. Within thirty days, or a longer time as the court by order may direct, after an appeal has been taken to the district court as provided in this chapter, and after payment by the appellant ofthe estimated cost of preparation and filing ofthe entire record ofthe proceedings before the agency, the administrative agency concerned shall prepare and file in the office ofthe clerk ofthe district court in which the appeal is pending the original or a certified copy ofthe entire record of proceedings before the agency, or an abstract of the record as may be agreed upon and stipulated by the parties. Upon receiving a copy of the notice of appeal and specifications of error pursuant to subsection 4 of section 28-32-42 and unless the agency is appealing, the administrative agency shall notify the party appealing of the estimated costs of preparation and filing of the record. Thereafter, unless the agency is appealing, the party appealing shall pay the administrative agency the estimated costs required by this subsection. Ifthe actual costs of preparation and filing ofthe entire record ofthe proceedings is greater than the estimated costs, the party appealing shall pay to the agency the difference. Ifthe actual costs are less than the estimated costs, the agency shall pay to the party appealing the difference. Any payment for the costs of preparation and filing of the record must be paid into the insurance recovery fund and is appropriated as a refund to the agency for the purposes of defraying the costs of preparing and filing the record. An agency may contract with any person or another agency to prepare and file the record ofany proceeding before the agency. 3. The cost of preparation and filing of the record may be waived by the district court upon application by an appellant, showing that the appellant is a low-income person unable to afford these costs. When a waiver is granted, the costs of preparation and filing ofthe record must be paid by the administrative agency. 4. The agency record of the proceedings, as applicable, may consist of only the following: a. The complaint, answer, and other initial pleadings or documents. b. Notices ofall proceedings. c. Any prehearing notices, transcripts, documents, or orders. d. Any motions, pleadings, briefs, petitions, requests, and intermediate rulings. e. A statement of matters officially noticed. f. Offers ofproofand objections and rulings thereon. g. Proposed findings, requested orders, and exceptions. h. The transcript of the hearing prepared for the person presiding at the hearing, including all testimony taken, and any written statements, exhibits, reports, memoranda, documents, or other information or evidence considered before final disposition of proceedings. i. Any recommended or proposed order, recommended or proposed findings offact and conclusions of law, final order, final findings offact and conclusions of law, or findings offact and conclusions oflaw or orders on reconsideration. j. Any information considered pursuantto section 28-32-25. k. Matters placed on the record after an ex parte communication. 5. Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for administrative agency action and judicial review ofan administrative agency action. 6. The record on review of agency rulemaking action, as applicable, may consist of only the following: a. All agency notices concerning proposed rulemaking. b. A copy ofthe proposed rule upon which written and oral submissions were made. c. A copy ofthe rule as submitted for publication. d. Any opinion letters by the attorney general as to a rule's legality or the legality of the agency's rulemaking action.

Page No. 22e. A copy ofany interim rule and the agency's findings and statement ofthe reasons for an interim rule. f. The regulatory analysis ofa proposed rule. g. The transcript ofany oral hearing on a proposed rule. h. All written submissions made to the agency on a proposed rule. i. Any staff memoranda or data prepared for agency consideration in regard to the proposed rule. j. Any other documentthatthe agency believes is relevant to the appeal. k. Any other document that is not privileged and which is a public record that the appellant requests the agency to include in the record, if relevant to the appeal. 7. Ifthe notice ofappeal specifies that no exception or objection is made to the agency's findings offact, and thatthe appeal is concerned only with the agency's conclusions of law based on the facts found by it, the agency may submit an abstract ofthe record along with such portions of the record as the agency deems necessary, to be supplemented by those portions of the record requested to be submitted by the appellant or by the other partywhen the agency is appealing. 8. The court may permit amendments or additions to the record filed by the administrative agency in orderto complete the record.

28-32-45. Consideration ofadditional orexcluded evidence. If an application for leave to offer additional testimony, written statements, documents, exhibits, or other evidence is made to the court in which an appeal from a determination of an administrative agency is pending, and it is shown to the satisfaction of the court that the additional evidence is relevant and material and that there were reasonable grounds for the failure to offer the·evidence in the hearing or proceeding, or that the evidence is relevant and material to the issues involved and was rejected or excluded by the agency, the court may order that the additional evidence be taken, heard, and considered by the agency on terms and conditions as the court may deem proper. After considering the additional evidence, the administrative agency may amend or reject its findings offact, conclusions of law, and order and shall file with the court a transcript ofthe additional evidence with its new or amended findings offact, conclusions of law, and order, ifany, which constitute a part ofthe record with the court.

28-32-46. Scope of and procedure on appeal from determination of administrative agency. A judge of the district court must review an appeal from the determination of an administrative agency based only on the record filed with the court. After a hearing, the filing of briefs, or other disposition of the matter as the judge may reasonably require, the court must affirm the order ofthe agency unless it finds that**~ny** ofthe following are present: 1. The order is not in accordance with the law. 2. The order is in violation ofthe constitutional rights ofthe appellant. 3. The provisions ofthis chapter have not been complied with in the proceedings before the agency. 4. The rules or procedure ofthe agency have not afforded the appellant a fair hearing. 5. The findings offact made by the agency are not supported by a preponderance ofthe evidence. 6. The conclusions of law and order of the agency are not supported by its findings of fact. 7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant. 8. The conclusions of law and order ofthe agency do not sufficiently explain the agency's rationale for not adopting any contrary recommendations by a hearing officer or an administrative lawjudge. Ifthe order ofthe agency is not affirmed by the court, it must be modified or reversed, and the case shall be remanded to the agencyfor disposition in accordance with the order ofthe court.

Page No. 2328-32-47. Scope ofand procedure on appeal from agency rulemaking. A judge of the district court shall review an appeal from an administrative agency's rulemaking action based only on the record filed with the court. If an appellant requests documents to be included in the record but the agency does not include them, the court, upon application by the appellant, may compel their inclusion. After a hearing, the filing of briefs, or other disposition ofthe matter as the judge may reasonably require, the court shall affirm the agency's rulemaking action unless it finds that any ofthe following are present: 1. The provisions of this chapter have not been substantially complied with in the agency's rulemaking actions. 2. A rule published as a result of the rulemaking action appealed is unconstitutional on the face ofthe language adopted. 3. A rule published as a result ofthe rulemaking action appealed is beyond the scope of the agency's authority to adopt. 4. A rule published as a result of the rulemaking action appealed is on the face of the language adopted an arbitrary or capricious application ofauthority granted by statute. Ifthe rulemaking action of the agency is not affirmed by the court, it must be remanded to the agency for disposition in accordance with the order ofthe court, or the rule or a portion ofthe rule resulting from the rulemaking action of the agency must be declared invalid for reasons stated by the court.

28-32-48. Appeal

- Stay ofproceedings. An appeal from an order or the rulemaking action ofan administrative agency does not stay the enforcement of the order or the effect of a published rule unless the court to which the appeal is taken, upon application and after a hearing or the submission of briefs, orders a stay. The court may impose terms and conditions for a stay of the enforcement ofthe order or for a stay in the effect ofa published rule. This section does not prohibit the operation ofan automatic stay upon the enforcement ofan administrative order as may be required by another statute.

28-32-49. Review in supreme court. The judgment of the district court in an appeal from an order or rulemaking action of an administrative agency may be reviewed in the supreme court on appeal in the same manner as provided in section 28-32-46 or 28-32-47, except that the appeal to the supreme court must be taken within sixty days after the service ofthe notice of entry ofjudgment in the district court. Any party of record, including the agency, may take an appeal from the final judgment of the district courtto the supreme court. Ifan appeal from the judgment ofthe district court is taken by an agency, the agency may not be required to pay a docket fee or file a bond for costs or equivalent security.

28-32-50. Actions againstadministrative agencies

-Attorney's fees and costs. 1. In any civil judicial proceeding involving as adverse parties an administrative agency and a party not an administrative agency or an agent of an administrative agency, the court must award the party not an administrative agency reasonable attorney's fees and costs if the court finds in favor of that party and, in the case of a final agency order, determines that the administrative agency acted without substantial justification. 2. This section applies to an administrative or civil judicial proceeding brought by a party not an administrative agency against an administrative agency for judicial review of a final agency order, or for judicial review pursuant to this chapter of the legality of agency rulemaking action or a rule adopted by an agency as a result ofthe rulemaking action being appealed. 3. Any attorney's fees and costs awarded pursuant to this section must be paid from funds available to the administrative agency the final order, rulemaking action, or rule ofwhich was reviewed by the court. The court may withhold all or part ofthe attorney's fees from any award ifthe court finds the administrative agency's action, in the case of
a final agency order, was substantially justified or that special circumstances exist which make the award ofall or a portion ofthe attorney's fees unjust.

Page No. 244. This section does not alter the rights of a party to collect any fees under other applicable law. 5. In any civil judicial proceeding involving adverse parties to an appeal or enforcement action involving an environmental permit issued under chapter 23-20.3, 23-25, 23-29, or 61-28 in which two or more ofthe adverse parties are not an administrative agency or an agent of an administrative agency, the court may award the prevailing nonagency party reasonable attorney's fees and costs ifthe court finds in favor ofthat party and determines that the nonprevailing nonagency party acted without substantial justification, or on the basis ofclaims or allegations that are factually unsupported. The court shall award reasonable attorney's fees and costs ifthe court determines that the nonprevailing nonagency party's claims or allegations are frivolous as provided in section 28-26-01. Ifthe appeal or Givil judicial proceeding covered by this subsection involves multiple claims or allegations, the court may apportion attorney's fees and costs in proportion to the time reasonably spent by a prevailing party relating to claims pursued by the nonprevailing party that were frivolous, factually unsupported, or without substantialjustification.

28-32-51. Witnesses
- Immunity. If any person objects to testifying or producing evidence, documentary or otherwise, at any proceeding before an administrative agency, claiming a privilege against self-incrimination, but is directed to testify or produce evidence pursuant to the written approval of the attorney general, that person must comply with the direction but no testimony or evidence compelled from that person, after a valid claim of privilege against self-incrimination has been made, may be used against that person in any criminal proceeding subjecting that person to a penalty or forfeiture. No person testifying at any proceeding before an administrative agency may be exempted from prosecution and punishment for perjury or giving a false statement, or for contempt committed in answering, or failing to answer, or in producing, or in failing to produce, evidence pursuant to direction given underthis section.

28-32-52. Elected official authority. This chapter does not prohibit an elected official from presiding at that agency's cases, nor

· from deciding cases within that agency'sjurisdiction.

Page No. 25

### SECTIONIV

REVISIONS TO

THEAIRPOLLUTION CONTROLRULES OF THE STATE OF NORTHDAKOTA

Appendix C ofthe Plan

### 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 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

### 33-15-01-11 33-15-01-12 33-15-01-13

33-15-01-14 33-15-01-15 33-15-01-16 33-15-01-17 33-15-01-18 [Reserved] Measurement of Emissions ofAir Contaminants Shutdown and Malfunction of an Installation

- Requirement for Notification Time Schedule for Compliance Prohibition ofAir Pollution Confidentiality of Records Enforcement Compliance Certifications



### 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:



### 2

### 52. "Volatile organic compounds" means the definition of volatile organic compounds in 40 Code ofFederal Regulations 51.1OO(s) as itexists on Julv 1, 2013, which is incorporated by reference.

History: 

### Amended effective October 1, 1987; January 1, 1989; June 1, 1990; June 1, 1992; March 1, 1994; December 1, 1994; August 1, 1995; January 1, 1996; September 1, 1997; September 1, 1998; June 1, 2001; March 1, 2003; January 1, 2007; April 1, 2009; April 1, 2011; January 1, 2013; April 1, 2014. General Authority: 

### NDCC 23-25-03 Law Implemented: 

### NDCC 23-25-03



### 8

### Section 

### 33-15-02-01 33-15-02-02 33-15-02-03 33-15-02-04 33-15-02-05 33-15-02-06 33-15-02-07 CHAPTER 33-15-02 AMBIENT AIR QUALITY STANDARDS

Scope Purpose Air Quality Guidelines Ambient Air Quality Standards Methods ofSampling and Analysis Reference Conditions Concentrations of Air Contaminants in the Ambient Air Restricted

### Table 1. AMBIENT AIR QUALITY STANDARDS

Standards Air Contaminants (Maximum Permissible Concentrations) lnhalable 150 micrograms per cubic meter, 24-hour average concentration. The standard is attained when the expected number ofdays per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter, as determined in accordance with 40 CFR 50, Appendix K, is equal to or less than one. Particulates 

### PM10

PM 2.5



### Sulfur Dioxide

Hydrogen Sulfide

Carbon Monoxide 12.0 micrograms per cubic meter annual arithmetic mean concentration. The standard is metwhen the annual arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than
or equal to 12.0 micrograms per cubic meter. 35 micrograms per cubic meter 24-hour average concentration. The standard is met when the 9sth percentile 24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than
or equal to 35 micrograms per cubic meter. 0.075 parts per million (196 micrograms per cubic meter) 1-hour average concentration. The standard is met when the 3-year average ofthe annual 99th percentile ofthe daily maximum 1-hour average concentration is less than or equal to 0.075 parts per million, as determined in**ac~ordance** 

### with 40 CFR 50, Appendix T. 0.5 parts per million (1309 micrograms per cubic meter of air) maximum 3-hour concentration, notto be exceeded more than once per calendaryear. 10.0 parts per million (14 milligrams per cubic meter ofair), maximum instantaneous (ceiling) concentration notto be exceeded ·0.20 parts per million (280 micrograms per cubic meter of air), maximum 1-houraverage concentration notto be exceeded more than once per month 0.10 parts per million (140 micrograms per cubic meter of air), maximum 24-hour average concentration notto be exceeded more than once peryear 0.02 parts per million (28 micrograms per cubic meterofair), maximum arithmetic mean concentration averaged over three consecutive months 9 parts per million (1Omilligrams per cubic meter ofair), maximum 8-hour concentration not to be exceeded
more than once per year



### 4

### Ozone

Nitrogen Dioxide

Lead 35 parts per million (40 milligrams per cubic meter ofair), maximum 1-hour concentration notto be exceeded
more than once peryear 0.075 parts per million (147 micrograms per cubic meter of air) daily maximum 8-hour average concentration. The standard is met when the three-year average ofthe annual fourth-highest daily maximum 8-hour average concentration at an ambient air quality monitoring site is less than or equal to 0.075 ppm, as determined in accordance with 40 CFR 50, Appendix P. 0.053 parts per million (100 micrograms per cubic meter of air), maximum annual arithmetic mean 0.100 parts per million (188 micrograms per cubic meter) 1-hour average concentration. The standard is met when the 3-year average ofthe annual 98th percentile ofthe daily maximum 1-hour average concentration is less than or equal to 0.100 parts per million, as determined in accordance with 40 CFR 50, Appendix S. 0.15 micrograms per cubic meter ofair, arithmetic mean averaged over a 3-month rolling period. The standard is metwhen the maximum 3-month mean concentration for a 3-year period, as determined in accordance with 40 CFR 50, Appendix R, is less than or equal to 0.15 micrograms per cubic meter.

History: 

### Amended effective December 1, 1994; April 1, 2009; April 1, 2011; April 1, 2014.

### CHAPTER 33-15-03 RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS



### Section 

### 33-15-03-01 33-15-03-02

33-15-03-03 33-15-03-03.1 33-15-03-04 33-15-03-05 Restrictions Applicable to Existing Installations Restrictions Applicable to New Installations and All Incinerators Restrictions Applicable to Fugitive Emissions Restrictions Applicable to Flares Exceptions Method of Measurement



### 1

### 33-15-03-05. Method of measurement.

2. Method 22. When a visible emissions limit is specified in a permit issued in accordance with this article as zero percent opacity exceptfor
a certain frequency, compliance shall be determined using Reference Method 22 ofAppendix A to chapter 33-15-12.
History: Amended effective October 1, 1987; April 1, 2014. General Authority: NDCC 23-25-03, 28-32-02 Law Implemented: NDCC 23-25-03



### 3

### Section 

### 33-15-04-01 33-15-04-02 CHAPTER 33-15-04 OPEN BURNING RESTRICTIONS

Refuse Burning Restrictions Permissible Open Burning



### 33-15-04-02. Permissible open burning.

### 2. The following conditions apply to all types ofpermissible burning listed in subsection 1.

a. Air pollution, as defined in section 33-15-01-04, will not be created.



### 2

### History: Amended effective October 1, 1987; January 1, 1989; January 1, 1996; January 1, 2007; April 1, 2014. General Authority: NDCC 23-25-03, 28-32-02 Law Implemented: NDCC 23-25-03



### 3

### Section 33-15-06-01 33-15-06-02

33-15-06-03 33-15-06-04 33-15-06-05 CHAPTER 33-15-06 EMISSIONS OF SULFUR COMPOUNDS RESTRICTED

Restriction of Emissions ofSulfur Dioxide From Use of Fuel Restriction of Emissions of Sulfur Oxides From Industrial Processes Methods of Measurement Continuous Emission Monitoring Requirements Reporting and Recordkeeping Requirements

### 33-15-06-05. Reporting and recordkeeping requirements.



### 1. Excess emissions reports. 

### Not later than thirty days following the end of a calendar quarter, any owner or operator required to monitor emissions in accordancewith section 33-15-06-04 shall submit a report of excess emissions to the department. The report must include the following information:



### 4

### History: Effective June 1, 1992; amended effective April 1, 2014. General Authority: NDCC 23-25-03 Law Implemented: NDCC 23-25-03



### 5

### CHAPTER 33-15-15 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY



### Section 33-15-15-01 33-15-15-01.1 33-15-15-01.2 33-15-15-02 General Provisions [Repealed] Purpose Scope Reclassification

33-15-15-01. General provisions. 

### Repealed effective February 1, 2005.

33-15-15-01.1. Purpose. 

### The purpose of this chapter is to adopt by reference federal provisions for the prevention ofsignificant deterioration program in North Dakota. The department will continue to implement the prevention of significant deterioration program as part ofthe state implementation plan.
History: 

### Effective February 1, 2005. General Authority: 

### NDCC 23-25-03, 23-25-04.1 Law Implemented: 

### NDCC 23-25-03, 23-25-04.1

33-15-15-01.2. Scope. 

### The provisions of title 40, Code of Federal Regulations part 52, section 21, paragraphs (a)(2) through (e), (h) through (r), (v), (w), (aa), and (bb) as they exist on July 1, 2013, are incorporated by reference into this chapter. This includes revisions to the rules thatwere published as a final rule in the Federal Register by this date but had not been published in the Code of Federal Regulations yet. Any changes or additions to the provisions are listed below the affected paragraph.



### 1

### History: Effective February 1, 2005; amended effectiveApril 1, 2009; April 1, 2011; January 1, 2013; April 1, 2014. 

### General Authority: NDCC 23-25-03, 23-25-04.1



### 8

### Section 

### 33-15-23-01 33-15-23-02 33-15-23-03 33-15-23-04 33-15-23-05 33-15-23-06 CHAPTER 33-15-23 FEES

Definitions

. Permit to Construct Fees Minor Source Permit to Operate Fees Major Source Permit to Operate Fees Phase I Substitution Units Oil and Gas Well Production Facilities



### 1

### 33-15-23-03. Minorsource permit to operate fees.



### 1. The owner or operator of each installation subject to a permit issued undersection 33-15-14-03 shall pay an annual permitfee based on the following table:

Classification Designated

Other State and local government Exempt



### 2 Annual Fee($) 300

100 

### 0 

### 0

### 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. Majorsource permitto operate fees.



### 3

### SECTIONV

LEGAL OPINION OFTHEATTORNEY GENERAL

Appendix D ofthe PlanSTATE OF NORTH DAKOTA 

## OFFICE OF ATTORNEY GENERAL

Wayne Stenehjem ATTORNEY GENERAL



### Mr. Terry L. 

### O'Clair, P.E. Director Division ofAir Quality Environmental Health Section Department of Health 918 E Divide Ave Bismarck, ND 58501-1947

Dear Mr. O'Clair: STATE CAPITOL 600 E BOULEVARD AVE DEPT 125 BISMARCK, ND 58505-0040 (701) 328-2210 FAX (701) 328-2226 www.ag.nd.gov



### OPINION

January 9, 2014

The Office of Attorney General has examined the proposed amendments to N.D.A.C. art. 33-15 concerning air pollution control, along with the notice of the proposed rules, the publication of that notice, and the filing of that notice with the Legislative Council. This office has also determined that 1) a written record ofthe agency's consideration of any comments to the proposed rules was made, 2) a regulatory analysis was issued, 3) a takings assessment was prepared, 4) a small entity regulatory analysis and an economic impact statement were prepared, 5) the risk assessment for rules more strict than federal standards under N.D.C.C. 

### § 23-25-03.3 was not prepared because the rules are not more stringent than the federal requirements, 6) a stringency justification under N.D.C.C. 

### § 23-01-04.1 was prepared, and 7) the proposed rules are within the agency's statutory authority.

These administrative rules are in compliance with N.D.C.C. ch. 28-32 and are hereby approved as to their legality. Upon final adoption, these rules may be filed with the Legislative Council.

eee/vkk
cc: John Walstad, Legislative Council Sincerely, 

# WOA[f!

Wayne Stenehjem Attorney General