### CHAPTER 33-15-15

General Provisions [Repealed] Purpose Scope Reclassification Section -15-15-01 33-1 -01.1 33-15-15­

. 33-15-15-02 PREVENTION OF SIGNIFICANT DETERIORATION OF AIRQUALITY

33-15-15"()1.1. Pur e. The ose of this chapter is to adopt by reference federal prov" sfor the preventio ignificantdeterioration program in North Dakota e department will continue to' lement the prevention of significant rioration program as part ofthe state imp ntation plan. tory: Effective February 1, 2005. General Authority: NDCC 23-25-03, 23-25-04.1 Law 1m lemented: NDCC 23-25-03, 23-25-04.1
33-15-15-01.2. Scope. The provisions of40 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 August 1, 2007, are incorporated by reference into this chapter. This includes revisions to the rules that were effective by this date but had not been published in the Code ofFederal Regulations·yet. Any changes or additions to the provisions are listed below the affected paragraph.
For purposes ofthis chapter, administrator means the department except for those duties that cannot be delegated by the United States environmental protection agency. For those duties listed below, or any others that cannot be delegated, administrator means the administrator of the United States environmental protection agency: (b)(17)

- Definition offederally enforceable. (b)(37}(i)

- Definition ofrepowering. (b)(42)

- Definition ofclean unit. (b)(43)

- Definition ofprevention ofsignificantdeterioration. (b}(48)(ii)(c)

- Definition ofbaseline actual emissions. (b)(50)(i)

- Definition ofregulated NSR pollutant. (1)(2)

- Air quality models. (p)(2)

- Consultation with the federal land manager.



### 1 

### 4/2009(y)(4)(i)

- First sentence only

- Comparison to previous BACT and LAER

.. r .... determinations. 7"
Forpurposes ofthis chapter, permitorapprovalto construct means apermit to construct. The procedures for obtaining a permit to construct are specified in section 33-15-14-02 and this chapter. When there is a conflict in the requirements between this chapter and section 33-15-14..Q2, the requirements of this chapter shall apply.
For purposes ofthis chapter, the term "40 CFR 52.21" is replaced with "this chapter".

40 CFR 52.21(b)(2)(a) The following is deleted: Routine maintenance, repair and replacement shall include. but not be limited to, any activity(s) that meets the requirements ofthe equipment replacement provisions contained in paragraph (cc). 40 CFR 52.21(b)(3)(iii)(a) The words "the administratororotheHeViewiAg authority" are replaced with "the departmentorthe administrator ofthe United States environmental protection agency". 40 CFR 52.21(b)(14) The following is added:
(v) The department shall provide a list of baseline datesforeach contaminantfor each baseline area. 40 CFR 52.21(b)(15) The following is added:
(iv) North Dakota is divided into two intrastate areas under section 107(d)(1)(D) or (E) ofthe Federal Clean Air Act [Pub. L. 95-95]: the Cass County portion of region no. 130, the metropolitan Fargo-Moorhead interstate air quality control region; and region no. 172, the North Dakota intrastate air quality control region (the remaining fifty-two counties). 40 CFR 52.21(b)(22) The following is added:
Designating an application complete for purposes of permit processing does not preclude the department from requesting or accepting any additional information. 40 CFR 52.21(b)(29) The following is added:

This term does not include effects on integralvistas

. 

# -

.

4/2009 

### 240 CFR 52.21(b)(30) 40 CFR 52.21(b)(43)

40 CFR 52.21(b)(48)(ii)

40 CFR 52.21(b)(51)

40 CFR 52.21(b)(53) 

# .­

40 CFR 52.21(b)(54)

40 CFR 52.21(b)(58) 40 CFR 52.21(d)

40 CFR 52.21(e) The term section 51.1OO(s) ofthis chapter is deleted and replaced with "40 CFR 51.100(s)". The paragraph is deleted in its entirety and replaced with the following: Prevention ofsignificant deterioration (PSD) program means a major source preconstruction permit program administered by the department that has been approved by the administrator ofthe United States environmental protection agency and incorporated into the state implementation plan pursuant to 40 CFR 51.166 to implement the requirements ofthat section. Any permit issued by the department under the program is a major NSR permit.

. The following words are deleted: "by the administrator for a permit required under this section or", The paragraph is deleted in its entirety and replaced with the following: Reviewing authority means the department. This paragraph is deleted in its entirety and replaced with the following: Lowest achievable emission rate (LAER) has the meaning given in 40 CFR 51.165(a)(1)(xiii) which is incorporated by reference. This paragraph is deleted in its entirety and replaced with the following: Reasonably available control technology (RACT) has the meaning given in 40 CFR 51.100(0) which is incorporated by reference. This paragraph is deleted in its entirety.

The paragraph is deleted and replaced with the following: No concentration ofa contaminant shall exceed the ambient air quality standards in chapter 33-15-02 for those areas subjectto regulation underthis article and the national ambient air quality standards in all other areas ofthe United States. The folloWing is added:



### 3 4/200940 CFR 52.21(h)

40 CFR 52.21 (i)(5)(ii) 40 CFR 52.21

### (i)

40 CFR 52.21(k)(1)

40 CFR 52.21(1)(1)

4/2009 (5) The class I areas in North Dakota are the Theodore Roosevelt National Park

- north and south units and the Theodore Roosevelt Elkhorn Ranch Site in Billings County

- and the Lostwood National Wilderness Area in Burke County. The paragraph is deleted and replaced with the following: The stack height of any source subject to this chapter must meet the requirements of chapter 33-15-18. In this paragraph the reference to paragraph (i)(8)(i) is replaced with (;)(5)(i). The following subparagraphs are added: (11)The class Iarea increment limitations ofthe Theodore Roosevelt Elkhorn Ranch Site ofthe Theodore Roosevelt National Park shall apply to sources or modifications for which complete applications were filed after July 1, 1982. The impact ofemissions from sources or modifications for which permits underthis chapter have been issued or complete applications have already been filed will be counted againstthe increments afterJuly 1, 1982. (12) Provided that all necessary requirements ofthis article have been met, permits will be issued on a first-come, first-served basis as determined by the completion date ofthe applications. This subparagraph is deleted and replaced with the following: (1) Any ambient air quality standard in chapter 33-15-02 for those areas subject to regulation underthis article and the national ambient airquality standards in all other areas ofthe United States; or This subparagraph is deleted and replaced with the following: All estimates ofambient concentrations required underthis chapter shall be based on applicable air quality models, technical data bases (inclUding quality assured air quality monitoring results), and other requirements specified in appendixw of40 CFR 51 ("guideline on air quality models" as it exists on July 1, 2007) as supplemented by the "North Dakota guideline forairquality modeling analyses". These documents are incorporated by reference. Technical inputs for these models shall be based upon credible technical data approved in advance by the department. In making such determinations, the departmentshall review such 4

# .- technical data to determinewhether it is representative of actual source, meteorological, topographical, or local air quality circumstances. 40 CFR "Appendix Bto part 58 ofthis chapter" is replaced 52.21(m)(3) with 40 CFR 58, appendix B. 40 CFR The following is added: 52.21(0)(1) The visibility analysis shall be prepared in accordance with chapter 33-15-19. 40 CFR "paragraph (q)(4)" is replaced with 52.21(p)(6) "paragraph (p)(4)" and "(q)(7)" is replaced with "(p)(7)". 40 CFR "paragraph (q)(7)" is replaced with 52.21 (p)(7) "paragraph (p)(7)". 40 CFR "paragraphs (q)(5) or (6)" is replaced with 52.21(p)(8) "paragraphs (p)(5) or (6)". 40 CFR 52.21(p) The following is added: (9) Notice to the United States environmental protection agency. The department shall transmit to the administrator ofthe United States environmental protection agency



### ..-.. through the region VIII regional administrator a copy ofeach permit application relating to a major stationary source or major modification received by thedepartmentand provide notice to the administratorofevery action related to the consideration ofsuch permit. 40 CFR 52.21(q) This paragraph is deleted and replaced with the following:

q. Public participation. (1) Within thirty days after receiptofan applicationto constructa source ormodification subjectto this chapter, orany addition to suchapplication, .the departmentshall advisethe applicant as to the completenessofthe application orofanydeficiency in the application or information submitted. In the event of such adeficiency, the dateofreceiptoftheapplication, forthe purposeofthischapter, shall be thedateonwhichall reqUired information to form a complete application is received by the department. (2) With respectto acompletedapplication, thedepartmentshall: (a) Within one year after receipt, make a preliminary determinationwhether the source should be approved, 

### 5 

### 4/2009

### - approved with conditions, or disapproved pursuant to the requirements ofthis chapter. (b) Make available, in at least one location in each region in which the proposed source or modification would be constructed. a copy of all materials submitted by the applicant, a 'copy of the department's preliminary determination, and a copy or summary of other materials, if any, considered by the department in making a preliminary determination. (c) Notify the public, by prominent advertisement in newspapers of general circulation in each region in which the proposed source or modification would be constructed, of the application. the preliminary determination, the degree of increment consumption that isexpectedfromthesourceormodification, andthe opportunity for comment at a public hearing as well as written publiccommenton the informationsubmitted by the owneroroperatorand the department's preliminary

,determination on the approvability of the source. The department shall allow at least thirty days for public comment. (d) Send a copy ofthe notice required in subparagraph c to the applicant, the United States environmental protection agency administrator, and to officials and agencies having cognizance over the location where the source or modification will be situated as follows: the chief executive of the city and county wherethe source or modificationwould be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands may be significantly affected by emissions from the source or modification. (e) Hold a pUblic hearing whenever, on the basis ofwritten requests, a significant degree of public interest exists or at its discretion when issues involved in the permit decision need to be clarified. A public hearing would be held duringthe publiccomment period for interested persons, incruding representatives ofthe United States environmental protection agency administrator, to appearand submitwritten or oral comments on the air qualityimpactofthesourceormodification, alternatives to the source or modification, the control technology reqUired, and other appropriate considerations.



### 4/2009 

### 6

### 40CFR 52.21(r)(2)

40 CFR 52.21(r)(6) 40 CFR 52.21 (v)(1)

40 CFR 52.21(v)(2)(iv)(a) 

### (f) Consider all public comments submitted in writing within a time specified in the public notice required in subparagraph c and all comments received at any public hearing conducted pursuant to subparagraph e in making its final decision on the approvability of the application. No later than thirty days after the close ofthe public comment period, the applicant may submit awritten response to any comments submitted by the pUblic. The department may extend the time to respond to comments based on a written request by the applicant. The department shall consider the applicant's response in making its final decision. All comments must be made available for public inspection in the same locations where the department made available preconstruction information relating to the source or modification. (g) Make a final determination whether the source should be approved, approved with conditions, ordisapproved pursuantto the requirements ofthis chapter. (h) Notify the applicant in writing of the department's final determination. The notification must be made available for public inspection in the same locations where the department made available preconstruction information and public comments relating to the source or modification.
The following is added: In cases ofmajorconstruction projects involving long lead times and substantial financial commitments, the department may provide by a condition to the permit to construct a time period greater than eighteen months when such time extension is supported by sufficientdocumentation by the applicant. The word "reasonable" is deleted. This sUbparagraph is deleted and replaced with the following: (1) An owner or operator of any proposed major stationary source or major modification may request the departmentto approve a system ofinnovative control technology. This subitem is deleted and replaced with the following:



### 7 4/2009(a) Cause or contribute to aviolation ofan applicable ambientair quality standard in chapter 33-15-02 for those areas subject to regulation under this article and the national ambient air quality standards in all other areas ofthe United States; or 40 CFR 52.21(w)(1) This subparagraph is deleted and replaced with the following: (1) Any permitissued underthis chapter or apriorversion ofthis chapter shall remain in effect, unless and until itexpires under40 CFR 52.21(r) or is rescinded. 40 CFR 52.21(aa)(15) This paragraph is deleted in its entirety and replaced with the following: (i) The department shall not issue a PAL that does not comply with the requirements in paragraphs (aa)(1) through (15) of this section afterthe administrator ofthe environmental protection agency has approved regulations incorporating these requirements into the state implementation plan. (ii) The department may supersede any PAL which was established prior to the date of approval ofthe state implementation plan by the administrator ofthe United States environmental protection agency with a PAL that complies with the requirements ofparagraphs (aa)(1) through (15) ofthis section.
History: Effective February 1, 2005; amended effective April 1, 2009. General Authority: NDCC 23-25-03, 23-25-04.1 Law Implemented: NDCC 23-25-03, 23-25-04.1