reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-06 - Emissions of Sulfur Compounds Restricted › Section 33.1-15-06-04 - Continuous emission monitoring requirements

Current through Supplement No. 393, July, 2024
1.
General
				provisions.
a. For sources subject to
				continuous emission monitoring requirements in their permit to operate, the
				monitoring systems must be used to demonstrate compliance with emission limits
				on a continuous basis after the initial compliance test and certification of
				the system.
b. Emission rates must
				be recorded in the units of the applicable standard. Conversion of monitor data
				to an emission rate expressed in pounds per million British thermal units
				[nanogram per joule] shall be calculated in accordance with the equations in
				section 33.1-15-06-03. Equations for
				calculating emission rates with different units will be supplied by the
				department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-06 - Emissions of Sulfur Compounds Restricted › Section 33.1-15-06-05 - Reporting and recordkeeping requirements

Current through Supplement No. 393, July, 2024
1.
Excess
				emissions reports.
Not later than thirty days following the end of a
				calendar quarter, any owner or operator required to monitor emissions in
				accordance with section
				33.1-15-06-04 shall submit a
				report of excess emissions to the department. The report must include the
				following information:
a. The magnitude of
				excess emissions, any conversion factor or factors used, and the date and time
				of commencement and completion of each time period of excess
				emissions.
b. Specific
				identification of each period of excess emissions that occurs during startups,
				shutdowns, and malfunctions of the affected facility. The nature and cause of
				any malfunction (if known), the corrective action taken or preventative
				measures adopted.
c. The date and
				time identifying each period during which the continuous monitoring system was
				inoperative except for zero and span checks and the nature of the system
				repairs or adjustments.
d. When no
				excess emissions have occurred or the continuous monitoring systems have not
				been inoperative, repaired, or adjusted, such information must be stated in the
				report.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-07 - Control of Organic Compounds Emissions › Section 33.1-15-07-01 - Requirements for construction of organic compounds facilities

Current through Supplement No. 393, July, 2024
1.
Scope.
This section applies only to those facilities considered
				"new" as defined in section
				33.1-15-01-04.
2.
Water separation from petroleum
				products.
No person may build or install any single or multiple
				compartment volatile organic compounds - water separator which normally
				receives effluent water containing two hundred gallons [757.08 liters] per day
				or more of any volatile organic liquid from any equipment processing, refining,
				treating, storing, or handling volatile organic compounds unless such
				compartment is equipped with a closed-vent system and control device as defined
				in 40 CFR, part 60, subpart QQQ, section 60.691, as adopted in 33.1-15-12, or a
				floating roof as described in 40 CFR, part 60, subpart QQQ, section 60.693-2,
				as adopted in 33.1-15-12, which is properly installed and in good working
				order. For the purposes of this section, a volatile organic compounds - water
				separator means a device used to separate an oil water mixture into its
				separate components, which include volatile organic compounds and water, by
				gravity separation and skimming.
3.
Submerged fill pipes required.
No person may build or install or
				permit the building or installation of a stationary volatile organic compounds
				storage tank with a capacity of one thousand gallons [3,785.41 liters] or more
				unless such tank is equipped with a submerged fill pipe during filling
				operations or is a pressure tank as described in 40 CFR, part 60, subpart K,
				subparagraph 60.111(a)(1), as adopted in 33.1-15-12, or fitted with a vapor
				recovery system also defined in 40 CFR, part 60, subpart K, paragraph
				60.111(k), as adopted in 33.1-15-12.
4.
Volatile organic compounds loading
				facilities.
No person may build or install or permit the building or
				installation of volatile organic compounds tank car or tank truck loading
				facilities handling twenty thousand gallons [75,708.24 liters] per day or more
				unless such facilities are operated with a submerged filling arm or other vapor
				emission control system. Any emissions control system utilized must have a
				minimum control efficiency necessary to meet the requirements of 33.1-15-02 and
				33.1-15-16.
5.
Pumps and
				compressors.
All rotating pumps and compressors handling volatile
				organic compounds must be equipped and operated with properly maintained seals
				designed for their specific product service and operating conditions.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-07 - Control of Organic Compounds Emissions › Section 33.1-15-07-02 - Requirements for organic compounds gas disposal

Current through Supplement No. 393, July, 2024
1. No person may
				cause or permit the emission of organic compounds gases and vapors, except from
				an emergency vapor blowdown system or emergency relief system, unless these
				gases and vapors are burned by flares, or an equally effective control device
				as approved by the department. Minor sources, as determined by the department
				and not subject to New Source Performance Standards (NSPS), may be granted
				exemptions to this subsection.
2.
				Organic compounds gases and vapors which are generated as wastes as the result
				of storage, refining, or processing operations and which contain hydrogen
				sulfide, shall be incinerated, flared, or treated in an equally effective
				manner before being released to the ambient air. The emissions from all devices
				designed for incinerating, flaring, or treating waste organic compounds gases
				and vapors shall result in compliance with chapters 33.1-15-02 and
				33.1-15-16.
3. Each flare required
				under this section must be equipped and operated with an automatic igniter or a
				continuous burning pilot.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-08 - Control of Air Pollution From Vehicles and Other Internal Combustion Engines › Section 33.1-15-08-01 - Internal combustion engine emissions restricted

Current through Supplement No. 393, July, 2024
No person shall operate, or cause to be operated, any
				  internal combustion engine which emits from any source any unreasonable and
				  excessive smoke, obnoxious or noxious gases, fumes or vapor.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-08 - Control of Air Pollution From Vehicles and Other Internal Combustion Engines › Section 33.1-15-08-02 - Removal or disabling of motor vehicle pollution control devices prohibited

Current through Supplement No. 393, July, 2024
1. No person shall
				intentionally remove, alter, or otherwise render inoperative, exhaust emission
				control, crankcase ventilation, or any other air pollution control device which
				has been installed as a requirement of federal law or regulation.
2. No person shall operate a motor vehicle
				originally equipped with air pollution control devices as required by federal
				law or regulation unless such devices are in place and in operating
				condition.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-10 - Control of Pesticides › Section 33.1-15-10-01 - Pesticide use restricted

Current through Supplement No. 393, July, 2024
1. No person shall
				use or permit the use of pesticides in such manner that will cause the airborne
				drift of pesticides off the premises on which they are being applied in such
				quantities that cause damage or injury to human health, crops, domestic
				animals, pollinating insects, vegetation, fish, and wildlife.
2. No person shall aerial spray or permit the
				aerial spraying of pesticides over a city in the state without the approval of
				the department. Such spraying will be allowed only for well-thought-out public
				health purposes and even then only in emergencies or potential
				emergencies.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-10 - Control of Pesticides › Section 33.1-15-10-02 - Restrictions on the disposal of surplus pesticides and empty pesticide containers

Current through Supplement No. 393, July, 2024
1. No person shall
				dispose of or permit the disposal of surplus pesticides and empty pesticide
				containers in such a manner as may cause pesticides to become airborne in such
				quantities that may cause injury or damage to human health, crops, domestic
				animals, pollinating insects, vegetation, fish, and wildlife.
2. No person shall dispose of or permit the
				disposal of surplus pesticides by open burning.
3. Burning of empty pesticide containers is
				not allowed except where no municipal collection and disposal service is
				available and all of the following conditions are met:
a. Only plastics composed of carbon,
				hydrogen, or oxygen may be burned. Plastics composed of polymers of nitrogen,
				halogens including chlorine, or sulfur may not be burned.
b. The containers must be empty and triple
				rinsed before being burned. Containers such as bags or liners must be
				thoroughly emptied of pesticides prior to burning.
c. The open burning must be conducted on the
				farm by the farmers who generated the empty containers.
d. The open burning shall be conducted in an
				open area away from buildings and residences, and only when the wind direction
				disperses the smoke away from any human or animal.
e. Burning may not be conducted by commercial
				applicators or to dispose of large stockpiles of empty containers.
The authority to conduct such open burning does not exempt or
				  excuse a person from the consequences, damages, or injuries which may result
				  therefrom.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-11 - Prevention of Air Pollution Emergency Episodes › Section 33.1-15-11-01 - Air pollution emergency

Current through Supplement No. 393, July, 2024
This chapter is designed to prevent the excessive buildup of
				  air contaminants during air pollution episodes, thereby preventing the
				  occurrence of an emergency due to the effects of these air contaminants on
				  human health.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-11 - Prevention of Air Pollution Emergency Episodes › Section 33.1-15-11-02 - Air pollution episode criteria

Current through Supplement No. 393, July, 2024
Conditions justifying the proclamation of an air pollution
				  alert, air pollution warning, or air pollution emergency shall be deemed to
				  exist whenever the department determines that the accumulation of air
				  contaminants in any place within North Dakota is attaining or has attained
				  levels which could, if such levels are sustained or exceeded, lead to a
				  substantial threat to human health. In making this determination, the
				  department will be guided by the criteria listed in table 6.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-11 - Prevention of Air Pollution Emergency Episodes › Section 33.1-15-11-03 - Abatement strategies emission reduction plans

Current through Supplement No. 393, July, 2024
1. When the
				department declares an air pollution alert, air pollution warning, or air
				pollution emergency, any person responsible for the operation of a source of
				air contaminants as set forth in table 7 shall take all actions as required by
				table 7 for such source of air contaminants for the level declared and shall
				put into effect the preplanned abatement strategies plan for the level
				declared. The department shall notify the public by means of a public
				announcement whenever an air pollution alert, air pollution warning, or air
				pollution emergency has been determined to exist.
2. When the department determines that a
				specified criteria level has been reached at one or more monitoring sites
				solely because of emissions from a limited number of sources, the department
				shall notify such source or sources that the actions set forth in table 7 or
				the preplanned abatement strategies plans are required, insofar as it applies
				to such source or sources and shall be put into effect until the criteria of
				the specified level are no longer met.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-11 - Prevention of Air Pollution Emergency Episodes › Section 33.1-15-11-04 - Preplanned abatement strategies plans

Current through Supplement No. 393, July, 2024
1. Any person
				responsible for the operation of a source of air contaminants as set forth in
				table 7 shall prepare abatement strategies plans for reducing the emission of
				air contaminants during periods of an air pollution alert, air pollution
				warning, and air pollution emergency. Abatement strategies plans shall be
				designed to reduce or eliminate emissions of air contaminants in accordance
				with the objectives set forth in table 7.
2. Any person responsible for the operation
				of a source of air contaminants not set forth under subsection 1 shall, when
				requested by the department, in writing, prepare abatement strategies plans for
				reducing the emission of air contaminants during periods of an air pollution
				alert, air pollution warning, and air pollution emergency. Abatement strategies
				plans shall be designed to reduce or eliminate emissions of air contaminants in
				accordance with the objectives set forth in table 7.
3. Abatement strategies plans as required
				under subsections 1 and 2 shall be in writing and identify the sources of air
				contaminants, the approximate amount of reduction of air contaminants, and a
				brief description of the manner in which the reduction will be achieved during
				an air pollution alert, air pollution warning, and air pollution
				emergency.
4. During a condition of
				air pollution alert, air pollution warning, and air pollution emergency,
				abatement strategies plans as required by subsections 1 and 2 shall be made
				available on the premises to any person authorized to enforce the provisions of
				applicable rules and regulations.
5. Abatement strategies plans as required by
				subsections 1 and 2 shall be submitted to the department upon request within
				thirty days of the receipt of such request; such abatement strategies plans
				shall be subject to review and approval by the department. If, in the opinion
				of the department an abatement strategies plan does not effectively carry out
				the objectives as set forth in table 7, the department may disapprove it, state
				the reasons for disapproval, and order the preparation of an amended abatement
				strategies plan within the time period specified in the order.
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
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 33.1-15-12-01 - Scope

Current through Supplement No. 393, July, 2024
Except as noted below the title of the subpart, the subparts
				  and appendices of title 40, Code of Federal Regulations, part 60, as they exist
				  on July 1, 2019, which are listed under section 33.1-15-12-02 are incorporated
				  into this chapter by reference. Any changes to the standards of performance are
				  listed below the title of the standard. Reference to part 60 within the
				  subparts means this chapter.
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
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 33.1-15-12-01.1 - Scope

Current through Supplement No. 393, July, 2024
Except as noted below the title of the subpart, the subparts
				  and appendices of title 40, Code of Federal Regulations, part 60, as they exist
				  on July 1, 2015, which are listed under section
				  33.1-15-12-02 are incorporated
				  into this chapter by reference. Any changes to the standards of performance are
				  listed below the title of the standard.
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
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 33.1-15-13-01.1 - Scope

Current through Supplement No. 393, July, 2024
The subparts and appendices of title 40 Code of Federal
				  Regulations part 61, as they exist on July 2, 2010, which are listed under
				  section 33.1-15-13-01.2 are incorporated
				  into this chapter by reference. Any changes to the emission standard are listed
				  below the title of the standard.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-14 - North Dakota Boiler Rules › Section 33.1-15-14-01 - Designated air contaminant sources

Current through Supplement No. 393, July, 2024
Pursuant to subsection 1 of North Dakota Century Code section
				  23.1-06-08, stationary sources within the following source categories are
				  designated as air contaminant sources capable of causing or contributing to air
				  pollution, either directly or indirectly.
1. The following chemical process facilities:
a. Adipic acid.
b. Ammonia.
c. Ammonium nitrate.
d. Carbon black.
e. Charcoal.
f. Chlorine.
g. Chlor-alkali manufacturing.
h. Detergent and soap.
i. Explosives (trinitrotoluene and
				nitrocellulose).
j. Hydrochloric
				acid.
k. Hydrofluoric
				acid.
l. Nitric acid.
m. Paint and varnish manufacturing.
n. Phosphoric acid.
o. Phthalic anhydride.
p. Plastics manufacturing.
q. Printing ink manufacturing.
r. Sodium carbonate.
s. Sulfur production and recovery.
t. Sulfuric acid.
u. Synthetic fibers.
v. Synthetic rubber.
w. Terephthalic acid.
x. Alcohol.
y. Cresylic acids.
z. Phenol.
aa. Polymer manufacturing and coating
				operations.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-14 - North Dakota Boiler Rules › Section 33.1-15-14-01.1 - Definitions

Current through Supplement No. 393, July, 2024
For the purposes of this chapter:
1. "Complete" means, in reference to an
				application for a permit, that the application contains all the information
				necessary for processing the application. Designating an application complete
				for purposes of permit processing does not preclude the department from
				requesting or accepting any additional information.
2. "Construction, installation, or
				establishment" means:
a. For sources subject
				to a standard or requirement under chapters 33.1-15-13, 33.1-15-15 (excluding
				increment consumption by nonmajor sources), and 33.1-15-22, it shall have the
				meaning given for construction in each of the respective chapters.
b. For all other sources it means the onsite
				placement or erection, including onsite fabrication, demolition, or
				modification, of an air contaminant emissions unit and any equipment, process,
				or structure that will be used to reduce, physically or chemically change, or
				transmit to the atmosphere any air contaminant. This does not include the
				building that houses the source, site work, foundations, or other equipment
				which does not affect the amount, ambient concentration, or type of air
				contaminants that are emitted. With respect to a physical change or a change in
				the method of operation it means those onsite activities which will affect an
				existing emissions unit or establishment of a new unit that emits to the
				atmosphere.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-14 - North Dakota Boiler Rules › Section 33.1-15-14-02 - Permit to construct

Current through Supplement No. 393, July, 2024
1.
Permit to
				construct required.
a. No
				construction, installation, or establishment of a new stationary source within
				a source category designated in section 33.1-15-14-01 may be commenced unless
				the owner or operator thereof shall file an application for, and receive, a
				permit to construct in accordance with this chapter.
b. The initiation of activities that are
				exempt from the definition of construction, installation, or establishment in
				section 33.1-15-14-01.1, prior to obtaining a permit to construct, are at the
				owner's or operator's own risk. These activities have no impact on the
				department's decision to issue a permit to construct. The initiation or
				completion of such activities conveys no rights to a permit to construct under
				this section.
c. General permits.
				The department may issue a general permit to construct covering numerous
				similar sources which are not subject to permitting requirements under chapter
				33.1-15-13 or 33.1-15-15 or subpart B of section 33.1-15-22-03. Any general
				permit shall comply with all requirements applicable to other permits to
				construct and shall identify criteria by which sources may qualify for the
				general permit. A proposed general permit, any changes to a general permit, and
				any renewal of a general permit is subject to public comment. The public
				comment procedures under subdivision b of subsection 6 shall be used. To
				sources that qualify, the department shall grant the conditions and terms of
				the general permit. Sources that would qualify for a general permit must apply
				to the department for coverage under the terms of the general permit or apply
				for an individual permit to construct. Without repeating the public
				participation procedures under subdivision b of subsection 6, the department
				may grant a source's request for authorization to construct under the general
				permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-14 - North Dakota Boiler Rules › Section 33.1-15-14-03 - Minor source permit to operate

Current through Supplement No. 393, July, 2024
1.
Permit to
				operate required.
a. Except as
				provided in subdivisions c and d, no person may operate or cause the routine
				operation of an installation or source designated in section
				33.1-15-14-01 without applying
				for and obtaining, in accordance with this section, a permit to operate.
				Application for a permit to operate a new installation or source must be made
				at least thirty days prior to startup of routine operation. Those sources that
				received a permit to construct under section
				33.1-15-14-02, need only submit
				a thirty-day prior notice of proposed startup to satisfy the requirement to
				apply for a permit to operate under this subdivision.
b. No person may operate or cause the
				operation of an installation or source in violation of any permit to operate or
				any condition imposed upon a permit to operate or in violation of this
				article.
c. Sources that are
				subject to the title V permitting requirements of section
				33.1-15-14-06 are exempt from
				the requirements of this section.
d. Sources that are exempt from the
				requirement to obtain a permit to construct under subsection 13 of section
				33.1-15-14-02 are exempt from
				this section.
e. Sources which are
				subject to the title V permitting requirements in section
				33.1-15-14-06 based solely on
				their potential to emit may apply for a federally enforceable minor source
				permit to operate which would limit their potential to emit to a level below
				the title V permit to operate applicability threshold.
f. Permits which are issued under this
				section which do not conform to the requirements of this section, including
				public participation under subdivision a of subsection 5 of section
				33.1-15-14-03, and the requirements of any United States environmental
				protection agency regulations may be deemed not federally enforceable by the
				United States environmental protection agency.
g. General permits. The department may issue
				a general permit covering numerous similar sources. Any general permit shall
				comply with all requirements applicable to other minor source permits to
				operate and shall identify criteria by which sources may qualify for the
				general permit. To sources that qualify, the department shall grant the
				conditions and terms of the general permit. Sources that would qualify for a
				general permit must apply to the department for coverage under the terms of the
				general permit or apply for an individual minor source permit to operate.
				Without repeating the public participation procedures under subsection 5 of
				section 33.1-15-14-03, the department may grant a source's request for
				authorization to operate under a general permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-14 - North Dakota Boiler Rules › Section 33.1-15-14-07 - Source exclusions from title V permit to operate requirements

Current through Supplement No. 393, July, 2024
1.
Purpose.
The purpose of this section is to clarify which sources
				are minor sources with respect to section
				33.1-15-14-06. The owner or
				operator of any source that would be classified as a major source under section
				33.1-15-14-06 and which is not
				specifically excluded by this section shall comply with the requirements of
				section 33.1-15-14-06.
2.
Definitions.
For purposes of
				this section:
a. "Bulk gasoline plant" means
				any bulk gasoline distribution facility that has a gasoline throughput less
				than or equal to twenty thousand gallons [75,700 liters] per day and that
				receives gasoline by truck rather than by rail.
b. "Coatings" means coatings plus diluents
				plus cleanup solvents.
c. "Fountain
				solution additives" includes isopropyl alcohol, n-propyl alcohol, n-butanol,
				and alcohol substitutes.
d.
				"Hazardous air contaminant" means any air contaminant listed pursuant to
				subsection 112(b) of the federal Clean Air Act.
e. "Refueling positions" means the number of
				vehicles that could be dispensing simultaneously at a gasoline service
				station.
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 33.1-15-15-01.1 - Purpose

Current through Supplement No. 393, July, 2024
The purpose of this chapter is to adopt by reference federal
				  provisions for the prevention of significant deterioration program in North
				  Dakota. The department will continue to implement the prevention of significant
				  deterioration program as part of the state implementation
				  plan.
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
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 33.1-15-15-02 - Reclassification

Current through Supplement No. 393, July, 2024
1.
Reclassification of areas.
All areas (except as otherwise provided
				under
				40 CFR
				52.21(e) ) must be
				designated either class I, class II, or class III. Any designation other than
				class II is subject to the redesignation procedures of this section.
				Redesignation (except as otherwise precluded by
				40 CFR
				52.21(e) ) is subject to
				approval by the administrator of the United States environmental protection
				agency.
a. Reclassification by petition.
(1) Filing of petition. After twenty percent
				of the qualified electors in any county, as determined by the vote cast for the
				office of governor at the last preceding gubernatorial election, shall petition
				the department to reclassify any area within such county (except as precluded
				by
				40 CFR
				52.21(e) ) to class I, class
				II, or class III, the department shall hold a hearing and take such other
				action as specified in subsection 3. The department shall reclassify the area
				proposed in the petition for reclassification only if such reclassification is
				substantially supported by the hearing record.
(2) Contents of petition. The petition to
				reclassify any area to either class I, class II, or class III must contain a
				legal description of the area which the petition is to affect; an explanation
				of the meaning and purpose of the petition and reclassification; a statement to
				the effect that those persons signing the petition desire the described area to
				be reclassified to either class I, class II, or class III and such statement
				must specify which class; a list of those persons or person circulating such
				petition, which persons must be designated "Committee of Petitioners"; an
				affidavit to be attached to each petition and sworn to under oath before a
				notary public by the person circulating each petition attesting to the fact
				that the person circulated such petition and that each of the signatures to
				such petition is the genuine signature of the person whose name it purports to
				be, and that each such person is a qualified elector in the county in which the
				petition was circulated; all petitions' signatures must be numbered and dated
				by month, day, and year, and the name must be written with residence address
				and post office address including the county of residence followed by state of
				North Dakota.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-16 - Restriction of Odorous Air Contaminants › Section 33.1-15-16-01 - General provisions

Current through Supplement No. 393, July, 2024
1. An odor will be
				considered objectionable when a department certified inspector or at least
				thirty percent of a randomly selected group of persons, or an odor panel
				exposed to the odor would deem that odor objectionable if the odor were present
				in their place of residence.
2. An
				"odor concentration unit" is defined as a volume of odor-free air mixed with an
				equal volume of odorous air such that the combination would be at the threshold
				level of the olfactory senses. The intensity of an odor is determined by the
				ratio of the volume of odor-free air that must be mixed with a standard volume
				of odorous air so that a department-certified inspector or at least fifty
				percent of an odor panel can still detect the odor in the diluted
				mixture.
3. A department-certified
				inspector is any person designated by the department who has successfully
				completed a department-sponsored odor certification course and demonstrated the
				ability to distinguish various odorous samples and concentrations. In the case
				of hydrogen sulfide (H2S) complaints, the inspector will
				be competent with the hydrogen sulfide (H2S) detection
				equipment being used.
4. An odor
				panel, if used, must consist of a minimum of five persons who have successfully
				completed a department-sponsored odor certification course and demonstrated the
				ability to distinguish various odorous samples and concentrations.
5. Odor emissions in excess of the limits
				stated in section
				33.1-15-16-02 or
				33.1-15-16-02.1, or both, will
				be addressed on a complaint basis.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-16 - Restriction of Odorous Air Contaminants › Section 33.1-15-16-02.1 - Emissions of hydrogen sulfide restricted

Current through Supplement No. 393, July, 2024
No person may discharge into the ambient air hydrogen sulfide
				  (H2S) in concentrations that would be objectionable on
				  land owned or leased by the complainant or in areas normally accessed by the
				  general public. For the purpose of complaint resolution under this section, two
				  samples with concentrations greater than 0.05 parts per million (50 parts per
				  billion) sampled at least fifteen minutes apart within a two-hour period and
				  measured in accordance with section
				  33.1-15-16-04 constitute a
				  violation.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-16 - Restriction of Odorous Air Contaminants › Section 33.1-15-16-04 - Method of measurement

Current through Supplement No. 393, July, 2024
An odor measurement may be taken only with a properly
				  maintained scentometer, by an odor panel, or by another instrument or method
				  approved by the department, and only by inspectors certified by the department
				  who have successfully completed a department-sponsored odor certification
				  course and demonstrated the ability to distinguish various odor samples and
				  concentrations. If a certified inspector measures a violation of this chapter,
				  the department may send a certified letter of apparent noncompliance to the
				  person causing the apparent violation and may negotiate with the owner or
				  operator for the establishment of an odor management plan and best management
				  practices to address the apparent violation. The department shall give the
				  owner or operator at least fifteen days to implement the odor management plan.
				  If the odor problem persists, the department may proceed with an enforcement
				  action provided at least two certified inspectors at the same time each measure
				  a violation and then confirm the violation by a second odor measurement taken
				  by each certified inspector, at least fifteen minutes, but no more than two
				  hours, after the first measurement. In the case of hydrogen sulfide
				  (H2S) emissions, an ambient air analyzer designed for
				  monitoring hydrogen sulfide (H2S) must be the method
				  used for determining the concentrations of emissions at the point of
				  measurement, or other instrumental methods as approved by the
				  department.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-16 - Restriction of Odorous Air Contaminants › Section 33.1-15-16-04.1 - Regulation restriction

Current through Supplement No. 393, July, 2024
Compliance with the provisions of this chapter does not
				  operate as a defense to any legal action which is based upon the theory of
				  public or private nuisance.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-17 - Restriction of Fugitive Emissions › Section 33.1-15-17-01 - General provisions - Applicability and designation of affected facilities

Current through Supplement No. 393, July, 2024
1. The provisions
				of this chapter apply to the owner or operator of any source of fugitive
				emissions whatsoever.
2. No person
				shall cause or permit fugitive emissions from any source whatsoever, including
				a building, its appurtenances, or a road, to be used, constructed, altered,
				repaired, or demolished; or activities such as loading, unloading, storing,
				handling, or transporting of materials without taking reasonable precautions to
				prevent such emissions from causing air pollution as defined in section
				33.1-15-01-04.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-17 - Restriction of Fugitive Emissions › Section 33.1-15-17-02 - Restriction of fugitive particulate emissions

Current through Supplement No. 393, July, 2024
No person shall emit or cause to be emitted into the ambient
				  air from any source of fugitive emissions as specified in section
				  33.1-15-17-01 any particulate
				  matter which:
1. [Reserved].
2. Exceed the ambient air quality standards
				of 33.1-15-02 at or beyond the property line of the source.
3. Exceed the prevention of significant
				deterioration of air quality increments of 33.1-15-15 at or beyond the property
				line of the source for sources subject to 33.1-15-15.
4. Exceed the restrictions on the emission of
				visible air contaminants of 33.1-15-03, at or beyond the property line of the
				source, except as provided in section
				33.1-15-03-04.
5. Would have an adverse impact on
				visibility, as defined in 33.1-15-19, on any class I federal area.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-17 - Restriction of Fugitive Emissions › Section 33.1-15-17-03 - Reasonable precautions for abating and preventing fugitive particulate emissions

Current through Supplement No. 393, July, 2024
1. Unpaved roads
				and unpaved parking areas. Abatement and preventive measures include frequent
				watering, addition of dust palliatives, detouring, paving, closure, speed
				control, or other means such as surface treatment with penetration chemicals
				(ligninsulfonates, oil, water, cutbacks, etc.) or methods of equal or greater
				effectiveness in reducing the air contamination produced.
2. Demolition, wrecking and explosive
				detonation activities, earth and construction material moving, mining, and
				excavation activities.
a. Abatement and
				preventive fugitive particulate control measures include:
(1) Wetting down, including
				prewatering.
(2) Landscaping and
				replanting with native vegetation.
(3) Covering, shielding, or enclosing the
				area.
(4) Paving, temporary or
				permanent.
(5) Treating, the use of
				dust palliatives and chemical stabilization.
(6) Detouring.
(7) Restricting the speed of vehicles on
				sites.
(8) Preventing the deposit
				of dirt and mud on improved streets and roads.
(9) Minimizing topsoil disturbance and
				reclaiming as soon as possible.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-17 - Restriction of Fugitive Emissions › Section 33.1-15-17-04 - Restriction of fugitive gaseous emissions

Current through Supplement No. 393, July, 2024
No person shall emit or cause to be emitted into the ambient
				  air from any source of fugitive emissions as specified in section
				  33.1-15-17-01 any gases
				  which:
1. Exceed the ambient air
				quality standards of 33.1-15-02 at or beyond the property line of the
				source.
2. Exceed the prevention of
				significant deterioration of air quality increments of 33.1-15-15 at or beyond
				the property line of the source for sources subject to 33.1-15-15.
3. Exceed the emission restrictions for
				odorous substances of 33.1-15-16 at or beyond the property line of the
				source.
4. Exceed the restrictions
				on the emission of visible air contaminants of 33.1-15-03 at or beyond the
				property line of the source.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-18 - Stack Heights › Section 33.1-15-18-01 - General provisions

Current through Supplement No. 393, July, 2024
1. The degree of
				emission limitation required of any source for control of any air contaminant
				must not be affected by so much of any source's stack height that exceeds good
				engineering practice or by any other dispersion technique, except as provided
				in section
				33.1-15-18-03.
2. Definitions. As used in this chapter, all
				terms not defined herein shall have the meaning given them in section
				33.1-15-01-04 or in North Dakota
				Century Code chapter 23.1-06.
a. "A stack in
				existence" means that the owner or operator had:
(1) Begun, or caused to begin, a continuous
				program of physical onsite construction of the stack; or
(2) Entered into binding agreements or
				contractual obligations, which could not be canceled or modified without
				substantial loss to the owner or operator, to undertake a program of
				construction of the stack to be completed in a reasonable
				time.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-18 - Stack Heights › Section 33.1-15-18-02 - Good engineering practice demonstrations

Current through Supplement No. 393, July, 2024
Before a new or revised emission limitation is approved that
				  is based on a good engineering practice stack height that exceeds the height
				  allowed by paragraph a or b of subdivision d of subsection 2 of section
				  33.1-15-18-01, the department
				  shall notify the public of the availability of the demonstration study and must
				  provide opportunity for public hearing on it. In no event may the department
				  prohibit any increase in stack height or restrict the stack height of any
				  source.
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
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-18 - Stack Heights › Section 33.1-15-18-03 - Exemptions

Current through Supplement No. 393, July, 2024
The provisions of this chapter do not apply to stack heights
				  in existence, or dispersion techniques implemented on or before December 31,
				  1970, except where pollutants are being emitted from such stacks or using such
				  dispersion techniques by sources which were constructed, or reconstructed, or
				  for which major modifications, were carried out after December 31,
				  1970.
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
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 33.1-15-19-01 - General provisions

Current through Supplement No. 393, July, 2024
1.
Applicability.
The provisions of this chapter apply to the owner
				or operator of a major stationary source or major modification, as defined in
				section 33.1-15-15-01.2, whose construction or modification is commenced after
				August 12, 1985. The standards shall be applied in conjunction with the
				procedures set forth in chapters 33.1-15-12, 33.1-15-14, and
				33.1-15-15.
2.
Definitions.
As used in this chapter, all terms not defined herein shall have the
				meaning given them in section 33.1-15-01-04, 33.1-15-12-01, or 33.1-15-15-01.2
				or in North Dakota Century Code chapter 23.1-06.
a. "Adverse impact on visibility" means
				visibility impairment which interferes with the management, protection,
				preservation, or enjoyment of the visitor's visual experience of the federal
				class I area. This determination must be made on a case-by-case basis taking
				into account the geographic extent, intensity, duration, frequency, and time of
				visibility impairment, and how these factors correlate with times of visitor
				use of the federal class I area, and the frequency and timing of natural
				conditions that reduce visibility.
b. "Natural conditions" include naturally
				occurring phenomena that reduce visibility as measured in terms of visual
				range, contrast, or coloration.
c.
				"Visibility impairment" means any humanly perceptible change in visual range,
				contrast, or coloration from that which would have existed under natural
				conditions.