North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-19 - Visibility Protection › Section 33.1-15-19-02 - Review of new major stationary sources and major modifications

Current through Supplement No. 393, July, 2024
1.
Visibility
				impact analysis.
The owner or operator of a major stationary source or
				major modification, subject to subsection 1 of section
				33.1-15-19-01, shall demonstrate
				to the department that the actual emissions from the major stationary source or
				major modification, including fugitive emissions, will not cause or contribute
				to adverse impact on visibility within any federal class I area. The owner or
				operator of a proposed major stationary source or major modification shall
				submit all information necessary to support any analysis or determination made.
				The owner or operator of a proposed major stationary source or major
				modification, subject to the requirements of this subsection, shall provide a
				visibility impact analysis of the visibility impact likely to occur as a result
				of general commercial, residential, industrial, and other growth associated
				with the source or major modification.
2.
Visibility models.
All
				estimates of visibility impact required under this section must be based on
				those models contained in "Workbook for Estimating Visibility Impairment"
				(EPA-450/4-80-031, November 1980). Equivalent models may be used subject to
				prior approval by the department.
3.
Notification of permit
				application.
The department shall provide written notice of any permit
				application for a proposed major stationary source or major modification, the
				emissions from which may affect a class I area, to the federal land manager and
				the federal official charged with direct responsibility for management of any
				lands within any such area. Such notification must include a copy of all
				information relevant to the permit application and must be given within thirty
				days of receipt and at least sixty days prior to any public hearing on the
				application for a permit to construct. Such notification must include an
				analysis of the proposed source's anticipated impacts on visibility in the
				federal class I area. The department shall also provide the federal land
				manager and such federal officials with a copy of the preliminary determination
				of anticipated impacts on visibility in any federal class I area, and shall
				make available to them any materials used in making that determination,
				promptly after the department makes such determination. The department shall
				also notify all affected federal land manager's within thirty days of receipt
				of any advance notification of any such permit application.
4.
Federal land manager review.
The department shall consider any analysis performed by the federal land
				manager, provided within thirty days of the notification required by subsection
				3 of this section, that shows that a proposed new major stationary source or
				major modification may have an adverse impact on visibility in any federal
				class I area. Where the department finds that such an analysis does not
				demonstrate to the satisfaction of the department that an adverse impact on
				visibility will result in the federal class I area, the department will, in the
				notice of opportunity for public hearing on the permit application, either
				explain its decision or give notice as to where the explanation can be
				obtained.
5.
Permits.
No source subject to this chapter may be issued a permit to construct if the
				department determines that an adverse impact on visibility in any federal class
				I area will occur because of the proposed source or major
				modification.
6.
Public
				participation.
Where a permit application has been filed for a source
				subject to the provisions of this chapter, the public must be given an
				opportunity for review of the permit application and the department's
				determination as described in subsection 5 of section
				33.1-15-15-01.
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