North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-13 - Emission Standards for Hazardous Air Pollutants › Section 33.1-15-13-01.2 - Emission standards

Current through Supplement No. 393, July, 2024
Subpart A - General provisions.
* 61.02 - 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.
The following definition is added:
"Waiver of compliance" means a permit to operate with a
				  compliance schedule.
* Sections 61.07 and 61.08 are deleted in their entirety and
				  replaced with the following:
Application for permit to construct. The owner or operator of
				  any new source to which a standard prescribed under these subparts is
				  applicable, prior to the date on which construction or modification is planned
				  to commence, shall apply for and receive a permit to construct as provided in
				  section 33.1-15-14-02. For those sources
				  on which construction or modification has commenced and initial startup has not
				  occurred prior to the effective date of a standard of this chapter, the owner
				  or operator shall apply for a permit to construct within thirty days after the
				  effective date of the standard.
Neither the submission of an application for a permit to
				  construct nor the administrator's approval of construction or modification
				  shall:
(1) Relieve an owner or
				operator of legal responsibility for compliance with any applicable provisions
				of this chapter or of any other applicable federal, state, or local
				requirement; or
(2) Prevent the
				administrator from implementing or enforcing this chapter or taking any other
				action under this article.
* 61.09(b) is deleted in its entirety.
* 61.11(f) is deleted in its entirety and replaced with the
				  following:
(f) The granting of a permit under this section does not
				  abrogate the department's authority under section
				  33.1-15-01-06 and subsection 9
				  of section
				  33.1-15-14-02, and subsection 6
				  of section
				  33.1-15-14-03.
* 61.16 is deleted in its entirety and replaced with the
				  following:
Availability of information.
a. Emission data provided to, or otherwise
				obtained by, the department in accordance with the provisions of this chapter
				must be available to the public.
b.
				Any records, reports, or information, other than emission data, provided to, or
				otherwise obtained by, the department in accordance with the provisions of this
				chapter must be available to the public, except that upon a showing
				satisfactory to the department by any person that such records, reports, or
				information, or particular part thereof (other than emission data), if made
				public, would divulge methods or processes entitled to protection as trade
				secrets of such person, the department will consider such records, reports, or
				information, or particular part thereof, confidential in accordance with the
				purposes of section 1905 of title 18 of the United States Code, except that
				such records, reports, or information, or particular part thereof, may be
				disclosed to other officers, employees, or authorized representatives of the
				state and federal government concerned with carrying out the provisions of
				North Dakota Century Code chapter 23.1-06 or when relevant in any proceeding
				under North Dakota Century Code chapter 23.1-06.
* 61.17 is deleted in its entirety.
Subpart G - [Reserved].
Subpart J - National emission standard for equipment leaks
				  (fugitive emission sources) of benzene.
Subpart S - [Reserved].
Subpart U - [Reserved].
Subpart V - National emission standard for equipment leaks
				  (fugitive emission sources).
Subpart FF - National emission standard for benzene waste
				  operations.
Appendix A - National emission standards for hazardous air
				  pollutants, compliance status information.
Appendix B - Test methods.
Appendix C - Quality assurance procedures.