North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-12 - AMBIENT AIR QUALITY STANDARDS › Section 33.1-15-12-02 - Standards of performance

Current through Supplement No. 393, July, 2024
Subpart A - General provisions.
* 60.2. The definition of administrator is deleted and
				  replaced with the following:
Administrator means the department except for those duties
				  that cannot be delegated by the United States environmental protection agency.
				  For those duties that cannot be delegated, administrator means the
				  administrator of the United States environmental protection agency or the
				  administrator's authorized representative.
Subpart C - Emission guidelines and compliance times.
Subpart Cc - Emissions guidelines and compliance times for
				  municipal solid waste landfills.
Designated facilities to which this subpart applies shall
				  comply with the requirements for state plan approval in 40 CFR parts 60.33c,
				  60.34c, and 60.35c, except that quarterly surface monitoring for methane under
				  part 60.34c shall only be required during the second, third, and fourth
				  quarters of the calendar year.
Designated facilities under this subpart shall:
1. Submit a final control plan for department
				review and approval within twelve months of the date of the United States
				environmental protection agency's approval of this rule, or within twelve
				months of becoming subject to this rule, whichever occurs later.
2. Award contracts for control
				systems/process modification within twenty-four months of the date of the
				United States environmental protection agency's approval of this rule, or
				within twenty-four months of becoming subject to the rule, whichever occurs
				later.
3. Initiate onsite
				construction or installation of the air pollution control device or process
				changes within twenty-seven months of the date of the United States
				environmental protection agency's approval of this rule, or within twenty-seven
				months of becoming subject to the rule, whichever occurs later.
4. Complete onsite construction or
				installation of the air pollution control device or devices or process changes
				within twenty-nine months of the United States environmental protection
				agency's approval of this rule, or within twenty-nine months of becoming
				subject to the rule, whichever is later.
5. Conduct the initial performance test
				within one hundred eighty days of the installation of the collection and
				control equipment. A notice of intent to conduct the performance test must be
				submitted to the department at least thirty days prior to the test.
6. Be in final compliance within thirty
				months of the United States environmental protection agency's approval of this
				rule, or within thirty months of becoming subject to the rule, whichever is
				later.
Subpart Cf - Emission guidelines and compliance times for
				  municipal solid waste landfills
For purposes of this subpart, a state plan implementing
				  subpart Cc of this part means the North Dakota section 111(d) plan for
				  municipal solid waste landfills that implements the requirements of subpart Cc
				  of this chapter.
*60.30f(a) is deleted.
*60.30f(b) is deleted.
*60.30f(c) - The first sentence is deleted and replaced with
				  the following:
The following authorities will be retained by the United
				  States environmental protection agency.
60.31f(c) is deleted and replaced with the following:
(c) For purposes of obtaining a title V
				permit to operate, the owner or operator of a municipal solid waste landfill
				subject to this subpart with a design capacity less than 2.5 million megagrams
				or 2.5 million cubic meters is not subject to the requirements to obtain a
				title V permit to operate under section 33.1-15-14-06 unless the landfill is
				otherwise subject to section 33.1-15-14-06. For submitting a timely application
				for a title V permit to operate, the owner or operator of a municipal solid
				waste landfill subject to this subpart with a design capacity greater than 2.5
				million megagrams and 2.5 million cubic meters on the effective date of the
				United States environmental protection agency's approval of North Dakota's plan
				under section 111(d) of the federal clean air act, and not otherwise subject to
				the requirements of section 33.1-15-14-06, becomes subject to the requirements
				of subparagraph 33.1-15-14-06.4.a(1)(a) ninety days after the effective date of
				such section111(d) approval, even if the design capacity report is submitted
				earlier.
60.31f(d) - The first sentence is deleted and replaced with
				  the following:
(d) When a municipal
				solid waste landfill subject to this subpart is closed as defined in this
				subpart, the owner or operator is no longer subject to the requirement to
				maintain a title v permit to operate under section 33.1-15-14-06 for the
				landfill if the landfill is not otherwise subject to the requirements of
				section 33.1-15-14-06 and either of the following are met:
*60.33f(a) - The first sentence is deleted and replaced with
				  the following:
Each owner or operator of a municipal solid waste landfill
				  subject to the provisions of this subpart and having a design capacity greater
				  than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by
				  volume shall collect and control municipal solid waste landfill emissions at
				  each municipal solid waste landfill that meets the following conditions:
*60.33f(b) - The first sentence is deleted and replaced by
				  the following:
Each owner or operator of a municipal solid waste landfill
				  shall install a gas collection and control system which meets the requirements
				  in paragraph(b)(1) through (3) and (c) of this section at each municipal solid
				  waste landfill meeting the conditions in paragraph (a) of this section.
*60.33f(c) - The first sentence is deleted and replace with
				  the following:
Each owner or operator of a municipal solid waste landfill
				  subject to the provisions for the control of the gas collected from within the
				  landfill through the use of control devices shall comply with the following
				  requirements, except as provided in section 60.24.
*60.33f(d) - The first sentence is deleted and replaced with
				  the following:
Each owner or operator of a municipal solid waste landfill
				  having a design capacity less than 2.5 million megagrams by mass or 2.5 million
				  cubic meters by volume shall submit an initial design capacity report to the
				  department as provided in section 60.38f(a).
*60.33f(e) - The first sentence is deleted and replaced with
				  the following:
Each owner or operator of a municipal solid waste landfill
				  having a design capacity equal to or greater than 2.5 million megagrams and 2.5
				  million cubic meters shall either install a collection and control system as
				  provided in paragraphs (b) and (c) of this section or calculate an initial
				  nonmethane organic compounds emission rate for the landfill using the
				  procedures specified in section 60.35f(a).
*60.34f - The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  subject to provisions of this subpart shall comply with the applicable
				  provisions of the operational standards in this section for a municipal solid
				  waste landfill with a gas collection and control system used to comply with the
				  provisions of section 60.33f(b) and (c).
*60.35f -The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  subject to the provisions of this subpart shall comply with the applicable
				  provisions in this section to calculate the landfill nonmethane organic
				  compounds emission rate or to conduct a surface emission monitoring
				  demonstration.
Other methods for determining the NMOC concentration or
				  site-specific methane generation constant must be approved by the environmental
				  protection agency administrator.
*60.36f - The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  that is subject to the provisions of this subpart shall comply with the
				  applicable compliance provisions in this section.
*60.37f - The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  that is subject to the provisions of this subpart shall comply with the
				  applicable monitoring provisions in this section, except as provided in
				  60.38f(d)(2).
*60.38f - The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  that is subject to the provisions of this subpart shall comply with the
				  reporting provisions listed in this section, as applicable, except as provided
				  by section 60.24 and 60.38f(d)(2).
*60.38f(a)(2) - In this subparagraph, administrator means the
				  administrator of the United States environmental protection agency or the
				  administrator's authorized representative.
*60.38f(d) - The first sentence is deleted and replaced with
				  the following:
The department shall review and approve the site-specific
				  design plan for each gas collection and control system as outlined in the
				  111(d) plan for municipal solid waste landfills subject to the provisions of
				  this subpart.
*60.39f - The first sentence is deleted and replaced with the
				  following:
Each owner or operator of a municipal solid waste landfill
				  that is subject to the provisions of this subpart shall comply with the
				  applicable recordkeeping provisions in this section.
*60.40f - The first sentence is deleted and replace by the
				  following:
Each owner or operator of a municipal solid waste landfill
				  that is subject to the provisions of this subpart and required to install an
				  active collection system shall comply with the applicable specifications for
				  active collection systems in this section.
*60.41f - The definition of administrator is deleted and
				  replaced with the following:
Administrator means the department except for those duties
				  that cannot be delegated by the United States environmental protection agency.
				  For those duties that cannot be delegated, the administrator means the
				  administrator of the United States environmental protection agency or the
				  administrator's authorized representative.
Subpart D - Standards of performance for fossil-fuel fired
				  steam generators for which construction is commenced after August 17,
				  1971.
Subpart Da - Standards of performance for electric utility
				  steam generating units for which construction is commenced after September 18,
				  1978.
*The limits and other requirements for mercury are
				  deleted.
Subpart Db - Standards of performance for
				  industrial-commercial-institutional steam generating units.
Subpart Dc - Standards of performance for small
				  industrial-commercial-institutional steam generating units.
Subpart E - Standards of performance for incinerators.
Subpart Ea - Standards of performance for municipal waste
				  combustors for which construction is commenced after December 20, 1989, and on
				  or before September 20, 1994.
Subpart Ec - Standards of performance for
				  hospital/medical/infectious waste incinerators for which construction is
				  commenced after June 20, 1996.
Subpart F - Standards of performance for portland cement
				  plants.
Subpart G - Standards of performance for nitric acid
				  plants.
Subpart H - Standards of performance for sulfuric acid
				  plants.
Subpart I - Standards of performance for hot mix asphalt
				  facilities.
Subpart J - Standards of performance for petroleum
				  refineries.
Subpart Ja - Standards of performance for petroleum
				  refineries for which construction, reconstruction, or modification commenced
				  after May 14, 2007.
Those portions of the subpart that have been stayed are not
				  adopted.
Subpart K - Standards of performance for storage vessels for
				  petroleum liquids for which construction, reconstruction, or modification
				  commenced after June 11, 1973, and prior to May 19, 1978.
*60.110(c) is deleted in its entirety and replaced with the
				  following:
(c) Any facility under part
				60.110(a) that commenced construction, reconstruction, or modification after
				July 1, 1970, and prior to May 19, 1978, is subject to the requirements of this
				subpart.
Subpart Ka - Standards of performance for storage vessels for
				  petroleum liquids for which construction, reconstruction, or modification
				  commenced after May 18, 1978, and prior to July 23, 1984.
Subpart Kb - Standards of performance for volatile organic
				  liquid storage vessels (including petroleum liquid storage vessels) for which
				  construction, reconstruction, or modification commenced after July 23,
				  1984.
Subpart O - Standards of performance for sewage treatment
				  plants.
Subpart T - Standards of performance for the phosphate
				  fertilizer industry: wet-process phosphoric acid plants.
Subpart U - Standards of performance for the phosphate
				  fertilizer industry: superphosphoric acid plants.
Subpart V - Standards of performance for the phosphate
				  fertilizer industry: diammonium phosphate plants.
Subpart W - Standards of performance for the phosphate
				  fertilizer industry: triple superphosphate plants.
Subpart X - Standards of performance for the phosphate
				  fertilizer industry: granular triple superphosphate storage facilities.
Subpart Y - Standards of performance for coal preparation
				  plants.
Subpart Z - Standards of performance for ferroalloy
				  production facilities.
Subpart AA - Standards of performance for steel plants:
				  electric arc furnaces: constructed after October 21, 1974, and before August
				  17, 1983.
Subpart AAa - Standards of performance for steel plants:
				  electric arc furnaces and argon-oxygen decarburization vessels constructed
				  after August 17, 1983.
Subpart CC - Standards of performance for glass manufacturing
				  plants.
Subpart DD - Standards of performance for grain
				  elevators.
Subpart EE - Standards of performance for surface coatings of
				  metal furniture.
Subpart FF - [Reserved]
Subpart GG - Standards of performance for stationary gas
				  turbines.
Subpart HH - Standards of performance for lime manufacturing
				  plants.
Subpart KK - Standards of performance for lead-acid battery
				  manufacturing plants.
Subpart LL - Standards of performance for metallic mineral
				  processing plants.
Subpart MM - Standards of performance for automobile and
				  light-duty truck surface coating operations.
Subpart NN - Standards of performance for phosphate rock
				  plants.
Subpart PP - Standards of performance for ammonium sulfate
				  manufacture.
Subpart QQ - Standards of performance for the graphic arts
				  industry: publication rotogravure printing.
Subpart RR - Standards of performance for pressure-sensitive
				  tape and label surface coating operations.
Subpart SS - Standards of performance for industrial surface
				  coating: large appliances.
Subpart TT - Standards of performance for metal coil surface
				  coating.
Subpart UU - Standards of performance for asphalt processing
				  and asphalt roofing manufacture.
Subpart VV - Standards of performance for equipment leaks of
				  volatile organic compound (VOC) emissions in the synthetic organic chemicals
				  manufacturing industry.
Subpart VVa - Standards of performance for equipment leaks of
				  VOC in the synthetic organic chemicals manufacturing industry for which
				  construction, reconstruction, or modification commenced after November 7,
				  2006.
Subpart WW - Standards of performance for the beverage can
				  surface coating industry.
Subpart XX - Standards of performance for bulk gasoline
				  terminals.
Subpart AAA - Standards of performance for new residential
				  wood heaters.
Subpart BBB - Standards of performance for the rubber tire
				  manufacturing industry.
Subpart CCC - [Reserved]
Subpart DDD - Standards of performance for volatile organic
				  compound (VOC) emissions for the polymer manufacturing industry.
Subpart EEE - [Reserved]
Subpart FFF - Standards of performance for flexible vinyl and
				  urethane coating and printing.
Subpart GGG - Standards of performance for equipment leaks of
				  volatile organic compound (VOC) emissions in petroleum refineries.
Subpart GGGa - Standards of performance for equipment leaks
				  of VOC in petroleum refineries for which construction, reconstruction, or
				  modification commenced after November 7, 2006.
Those portions of the subpart that are stayed are not
				  adopted.
Subpart HHH - Standards of performance for synthetic fiber
				  production facilities.
Subpart III - Standards of performance for volatile organic
				  compound (VOC) emissions from the synthetic organic chemical manufacturing
				  industry (SOCMI) air oxidation unit processes.
Subpart JJJ - Standards of performance for petroleum
				  drycleaners.
Subpart KKK - Standards of performance for equipment leaks of
				  volatile organic compound (VOC) emissions from onshore natural gas processing
				  plants.
Subpart LLL - Standards of performance for onshore natural
				  gas processing; SO2 emissions.
Subpart MMM - [Reserved]
Subpart NNN - Standards of performance for volatile organic
				  compound (VOC) emissions from synthetic organic chemical manufacturing industry
				  (SOCMI) distillation operations.
Subpart OOO - Standards of performance for nonmetallic
				  mineral processing plants.
Subpart PPP - Standards of performance for wool fiberglass
				  insulation manufacturing plants.
Subpart QQQ - Standards of performance for volatile organic
				  compound (VOC) emissions from petroleum refinery wastewater systems.
Subpart RRR - Standards of performance for volatile organic
				  compound (VOC) emissions from synthetic organic chemical manufacturing industry
				  (SOCMI) reactor processes.
Subpart SSS - Standards of performance for magnetic tape
				  coating facilities.
Subpart TTT - Standards of performance for industrial surface
				  coating: surface coating of plastic parts for business machines.
Subpart UUU - Standards of performance for calciners and
				  dryers in mineral industries.
Subpart VVV - Standards of performance for polymetric coating
				  of supporting substrates facilities.
Subpart WWW - Standards of performance for municipal solid
				  waste landfills.
Subpart XXX - Standards of performance for municipal solid
				  waste landfills that commenced construction, reconstruction, or modification
				  after July 17, 2014.
Subpart AAAA - Standards of performance for small municipal
				  waste combustion units for which construction is commenced after August 30,
				  1999, or for which modification or reconstruction is commenced after June 6,
				  2001.
Subpart CCCC - Standards of performance for commercial and
				  industrial solid waste incineration units.
Subpart DDDD - Emission guidelines and compliance times for
				  commercial and industrial solid waste incineration units.
Except as provided below, designated facilities to which this
				  rule applies shall comply with
				  40
				  CFR 60.2575 through
				  60.2875,
				  including tables 1 through 9.
In the rule, you means the owner or operator of a commercial
				  or industrial solid waste incineration unit.
Table 1 of the rule is deleted and replaced with the
				  following:
Table 1 to Subpart DDDD - Model Rule Increments of
								Progress and Compliance Schedules
CISWI Units That Commenced Construction on or
								Before November 30, 1999
Comply with these increments of progress
By these dates
Final compliance
Three years after EPA approval of the state plan or
								December 1, 2005, whichever comes first.
Incinerator CISWI units that commenced construction
								after November 30, 1999, but no later than June 4, 2010, or commenced
								modification or reconstruction after June 1, 2001, but no later than August 7,
								2013. CISWI units other than incinerator units that commenced construction on
								or before June 4, 2010, or commenced modification or reconstruction after June
								4, 2010, but no later than August 7, 2013.
Comply with these increments of progress
By these dates
Final compliance
Three years after EPA approval of the state plan or
								February 7, 2018, whichever comes first.
Subpart GGGG - [Reserved]
Subpart IIII - Standards of performance for stationary
				  compression ignition internal combustion engines.
Subpart JJJJ - Standards of performance for stationary sparks
				  ignition internal combustion engines.
Subpart KKKK - Standards of performance for stationary
				  combustion turbines.
Subpart OOOO - Standards of performance for crude oil and
				  natural gas production, transmission, and distribution for which construction,
				  modification, or reconstruction commenced after August 23, 2011, and on or
				  before September 18, 2015.
Subpart OOOOa - Standards of performance for crude oil and
				  natural gas facilities for which construction, modification, or reconstruction
				  commenced after September 18, 2015.
Subpart TTTT - Standards of performance for greenhouse gas
				  emissions for electric generating units.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of emission rate changes.
Appendix D - Required emission inventory information.
Appendix E - [Reserved]
Appendix F - Quality assurance procedures.
Appendix I - Removable label and owner's
				  manual.
General Authority:
NDCC 23.1-06-04;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-06-04;
					 S.L.
					 2017, ch. 199,
					 §
												21