North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-15 - Prevention of Significant Deterioration of Air Quality › Section 33.1-15-15-01.2 - Scope

Current through Supplement No. 393, July, 2024
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, 2019, are incorporated by reference into this
				  chapter. This includes revisions to the rules that were 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.
For purposes of this 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 or the administrator's authorized
				  representative:
(b)(17) - Definition of federally enforceable.
(b)(37)
(i) - Definition of repowering.
(b)(43) - Definition of prevention of significant
				  deterioration.
(b)(48)(ii)(c) - Definition of baseline actual
				  emissions.
(b)(50)(i) - Definition of regulated NSR pollutant.
(1)(2) - Air quality models.
(p)(2) - Consultation with the federal land manager.
For purposes of this chapter, permit or approval to construct
				  means a permit to construct. The procedures for obtaining a permit to construct
				  are specified in section 33.1-15-14-02 and this chapter. When there is a
				  conflict in the requirements between this chapter and section 33.1-15-14-02,
				  the requirements of this chapter shall apply.
For purposes of this chapter, the term "
				  40 CFR
				  52.21 " is replaced with "this
				  chapter".
40 CFR
								52.21(b)(1)
The following is added:
For purposes of this definition, regulated NSR
								pollutant does not include greenhouse gases as defined in
								40
								CFR 86.1818-12(a).
40 CFR
								52.21(b)(2)
The following is added:
For purposes of this definition, regulated NSR
								pollutant does not include greenhouse gases as defined in
								40
								CFR 86.1818-12(a).
40 CFR
								52.21(b) (2)(iii)(a)
The following is deleted:
Routine maintenance, repair and replacement shall
								include, but not be limited to, any activity(s) that meets the requirements of
								the equipment replacement provisions contained in paragraph (cc).
40 CFR
								52.21(b) (3)(iii)(a)
The words "the administrator or other reviewing
								authority" are replaced with "the department or the administrator of the United
								States environmental protection agency".
40 CFR
								52.21(b)(14)
The following is added:
(v) The department shall provide a list of baseline
								dates for each contaminant for 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) of the 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) (23)(i)
The following is added:
Greenhouse gases: 75,000 tpy
								CO2 equivalent.
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 integral
								vistas.
40 CFR
								52.21(b) (30)
The term section 51.100(s) of this chapter is
								deleted and replaced with "
								40
								CFR 51.100(s) ".
40 CFR
								52.21(b) (43)
The paragraph is deleted in its entirety and
								replaced with the following:
Prevention of significant deterioration (PSD)
								program means a major source preconstruction permit program administered by the
								department that has been approved by the administrator of the United States
								environmental protection agency and incorporated into the state implementation
								plan pursuant to
								40 CFR
								51.166 to implement the requirements of that
								section. Any permit issued by the department under the program is a major NSR
								permit.
40 CFR
								52.21(b) (48)(ii)
The following words are deleted:
"by the administrator for a permit required under
								this section or".
40 CFR
								52.21(b) (49)
The following words are deleted "administrator in
								subchapter C of this chapter" and replaced with the following:
Administrator of the United States environmental
								protection agency in title 40, Code of Federal Regulations, chapter I
								subchapter C.
40 CFR
								52.21(b) (49)(i)
"§ 86.181-12(a) of this chapter" is deleted
								and replaced with:
								40
								CFR 86.1818-12(a).
40 CFR
								52.21(b) (49)(ii)(a)
"Table A-1 to subpart A of part 98 of this chapter"
								is deleted and replaced with the following: 40 CFR 98, subpart A, table
								A-1.
The following is deleted:
For purposes of this paragraph, prior to July 21,
								2014, the mass of the greenhouse gas carbon dioxide shall not include carbon
								dioxide emissions resulting from the combustion or decomposition of
								nonfossilized and biodegradable organic material originating from plants,
								animals, or micro-organisms (including products, byproducts, residues and waste
								from agriculture, forestry and related industries as well as the nonfossilized
								and biodegradable organic fractions of industrial and municipal wastes,
								including gases and liquids recovered from the decomposition of nonfossilized
								and biodegradable organic material).
40 CFR
								52.21(b) (50)(i)(c)
This paragraph is deleted in its entirety and
								replaced with the following:
Nitrogen oxides are a precursor to
								PM2.5 in all attainment and unclassifiable areas.
40 CFR
								52.21(b) (50)(i)(d)
This paragraph is deleted in its entirety and
								replaced with the following:
Volatile organic compounds are not a precursor to
								PM2.5 in any attainment or unclassifiable areas.
40 CFR
								52.21(b) (51)
The paragraph is deleted in its entirety and
								replaced with the following:
Reviewing authority means the department.
40 CFR
								52.21(b) (53)
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.
40 CFR
								52.21(b) (54)
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(o) which is
								incorporated by reference.
40 CFR
								52.21(b) (58)
This paragraph is deleted in its entirety.
40 CFR
								52.21(d)
The paragraph is deleted and replaced with the
								following: No concentration of a contaminant shall exceed:
(1) The concentration permitted under the national
								primary and secondary ambient air quality standards.
(2) The concentration permitted by the ambient air
								quality standards in chapter 33.1-15-02.
40 CFR
								52.21(e)
The following is added:
(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.
40 CFR
								52.21(h)
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 33.1-15-18.
40 CFR
								52.21(i)
The following subparagraphs are added:
(11) The class I area increment limitations of the
								Theodore Roosevelt Elkhorn Ranch Site of the Theodore Roosevelt National Park
								shall apply to sources or modifications for which complete applications were
								filed after July 1, 1982. The impact of emissions from sources or modifications
								for which permits under this chapter have been issued or complete applications
								have already been filed will be counted against the increments after July 1,
								1982.
(12) Provided that all necessary requirements of
								this article have been met, permits will be issued on a first-come,
								first-served basis as determined by the completion date of the
								applications.
40 CFR
								52.21(k) (1)
This subparagraph is deleted and replaced with the
								following:
(i) Any national ambient air quality standard or
								any standard in chapter 33.1-15-02.
40 CFR
								52.21(l) (1)
This subparagraph is deleted and replaced with the
								following:
All estimates of ambient concentrations required
								under this chapter shall be based on applicable air quality models, technical
								data bases (including quality assured air quality monitoring results), and
								other requirements specified in appendix W of 40 CFR 51 ("guideline on air
								quality models" as it exists on July 1, 2018). Technical inputs for these
								models shall be based upon credible technical data approved in advance by the
								department. In making such determinations, the department shall review such
								technical data to determine whether it is representative of actual source,
								meteorological, topographical, or local air quality circumstances.
40 CFR
								52.21(m)(3)
"Appendix B to part 58 of this chapter" is replaced
								with 40 CFR 58, appendix B.
40 CFR
								52.21(p) (6)
"paragraph (q)(4)" is replaced with "paragraph
								(p)(4)" and "(q)(7)" is replaced with "(p)(7)".
40 CFR
								52.21(p) (7)
"paragraph (q)(7)" is replaced with "paragraph
								(p)(7)".
40 CFR
								52.21(p) (8)
"paragraphs (q)(5) or (6)" is replaced with
								"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 of the
								United States environmental protection agency through the region VIII regional
								administrator a copy of each permit application relating to a major stationary
								source or major modification received by the department and provide notice to
								the administrator of every action related to the consideration of such
								permit.
40 CFR
								52.21(q)
This paragraph is deleted and replaced with the
								following:
q.
Public participation.
(1) Within thirty days after receipt of an
								application to construct a source or modification subject to this chapter, or
								any addition to such application, the department shall advise the applicant as
								to the completeness of the application or of any deficiency in the application
								or information submitted. In the event of such a deficiency, the date of
								receipt of the application, for the purpose of this chapter, shall be the date
								on which all required information to form a complete application is received by
								the department.
(2) With respect to a completed application, the
								department shall:
(a) Within one year after receipt, make a
								preliminary determination whether the source should be approved, approved with
								conditions, or disapproved pursuant to the requirements of this chapter.
(b) Make available, in at least one location in
								each region in which the proposed source or modification would be constructed
								or on the department's website, 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 constructeda notice on the department's
								website, of the application, the preliminary determination, draft permit to
								construct, the degree of increment consumption that is expected from the source
								or modification, and the opportunity for comment at a public hearing as well as
								written public comment on the information submitted by the owner or operator
								and the department's preliminary determination on the approvability of the
								source. The department's website must be used for all permits subject to notice
								under this subdivision. The notices required by this subparagraph must be
								available for the duration of the public comment period. The notification must
								include information on how to access the administrative record and how to
								request and/or attend the public hearing. The department shall allow at least
								thirty days for public comment.
(d) Send a copy of the 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 where the source or modification would
								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 of
								written 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 during the public comment period for interested
								persons, including representatives of the United States environmental
								protection agency administrator, to appear and submit written or oral comments
								on the air quality impact of the source or modification, alternatives to the
								source or modification, the control technology required, and other appropriate
								considerations.
(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 of the public comment
								period, the applicant may submit a written 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, or disapproved pursuant to the
								requirements of this 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.
40 CFR
								52.21(r)(2)
The following is added:
In cases of major construction 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 sufficient
								documentation by the applicant.
40 CFR
								52.21(v)(1)
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 department to approve a
								system of innovative control technology.
40 CFR
								52.21(v)(2)(iv) (a)
This subitem is deleted and replaced with the
								following:
(a) Cause or contribute to a violation of an
								applicable national ambient air quality standard or any ambient air quality
								standard in chapter 33.1-15-02; or
40 CFR
								52.21(aa)(15)
This paragraph is deleted in its entirety.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-09;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-09;
					 S.L.
					 2017, ch. 199,
					 §
												21