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 33.1-15-14-06 - Title V permit to operate

Current through Supplement No. 393, July, 2024
1.
Definitions.
For purposes of this section:
a. "Affected source" means any source that
				includes one or more affected units.
b. "Affected state" means any state that is
				contiguous to North Dakota whose air quality may be affected by a source
				subject to a proposed title V permit, permit modification, or permit renewal or
				which is within fifty miles [80.47 kilometers] of the permitted
				source.
c. "Affected unit" means a
				unit that is subject to any acid rain emissions reduction requirement or acid
				rain emissions limitation under title IV of the federal Clean Air
				Act.
d. "Alternative operating
				scenario (AOS)" means a scenario authorized in a title V permit that involves a
				change at the title V source for a particular emissions unit, and that either
				results in the unit being subject to one or more applicable requirements which
				differ from those applicable to the emissions unit prior to implementation of
				the change or renders inapplicable one or more requirements previously
				applicable to the emissions unit prior to implementation of the
				change.
e. "Applicable requirement"
				means all of the following as they apply to emissions units at a source that is
				subject to requirements of this section (including requirements that have been
				promulgated or approved by the United States environmental protection agency
				through rulemaking at the time of issuance but have future-effective compliance
				dates):
(1) Any standard or other requirement
				provided for in the North Dakota state implementation plan approved or
				promulgated by the United States environmental protection agency through
				rulemaking under title I of the federal Clean Air Act that implements the
				relevant requirements of the federal Clean Air Act, including any revisions to
				that plan.
(2) Any term or
				condition of any permit to construct issued pursuant to this chapter.
(3) Any standard or other requirement under
				section 111 including section 111(d) of the federal Clean Air Act.
(4) Any standard or other requirement under
				section 112 of the federal Clean Air Act including any requirement concerning
				accident prevention under section 112(r)(7) of the federal Clean Air
				Act.
(5) Any standard or other
				requirement of the acid rain program under title IV of the federal Clean Air
				Act.
(6) Any requirements
				established pursuant to section 504(b) or section 114(a)(3) of the federal
				Clean Air Act.
(7) Any standard or
				other requirement governing solid waste incineration, under section 129 of the
				federal Clean Air Act.
(8) Any
				standard or other requirement for consumer and commercial products, under
				section 183(e) of the federal Clean Air Act.
(9) Any standard or other requirement for
				tank vessels under section 183(f) of the federal Clean Air Act.
(10) Any standard or other requirement of the
				program to control air pollution from outer continental shelf sources, under
				section 328 of the federal Clean Air Act.
(11) Any standard or other requirement of the
				regulations promulgated to protect stratospheric ozone under title VI of the
				federal Clean Air Act, unless the administrator of the United States
				environmental protection agency has determined that such requirements need not
				be contained in a title V permit.
(12) Any national ambient air quality
				standard or increment or visibility requirement under part C of title I of the
				federal Clean Air Act, but only as it would apply to temporary sources
				permitted pursuant to section 504(e) of the federal Clean Air Act.
f. "Approved replicable
				methodology (ARM)" means title V permit terms that:
(1) Specify a protocol which is consistent
				with and implements an applicable requirement, or requirement of this section,
				such that the protocol is based on sound scientific or mathematical principles,
				or both, and provides reproducible results using the same inputs; and
(2) Require the results of that protocol to
				be recorded and used for assuring compliance with such applicable requirement,
				any other applicable requirement implicated by implementation of the approved
				replicable methodology, or requirement of this section, including where an
				approved replicable methodology is used for determining applicability of a
				specific requirement to a particular change.
g. "Designated representative" means a
				responsible natural person authorized by the owners and operators of an
				affected source and of all affected units at the source, as evidenced by a
				certificate of representation submitted in accordance with subpart B of 40 CFR
				72, to represent and legally bind each owner and operator, as a matter of
				federal law, in matters pertaining to the acid rain program. Whenever the term
				"responsible official" is used in this section, or in any other regulations
				implementing title V of the federal Clean Air Act, it shall be deemed to refer
				to the "designated representative" with regard to all matters under the acid
				rain program.
h. "Draft permit"
				means the version of a permit for which the department offers public
				participation or affected state review.
i. "Emergency" means any situation arising
				from sudden and reasonably unforeseeable events beyond the control of the
				source, including acts of God, which situation requires immediate corrective
				action to restore normal operation, and that causes the source to exceed a
				technology-based emission limitation under the title V permit to operate, due
				to unavoidable increases in emissions attributable to the emergency. An
				emergency shall not include noncompliance to the extent caused by improperly
				designed equipment, lack of preventive maintenance, careless or improper
				operation, or operator error.
j.
				"Emissions allowable under the permit" means a federally enforceable permit
				term or condition determined at issuance to be required by an applicable
				requirement that establishes an emissions limit (including a work practice
				standard) or a federally enforceable emissions cap that the source has assumed
				to avoid an applicable requirement to which the source would otherwise be
				subject.
k. "Emissions unit" means
				any part or activity of a stationary source that emits or has the potential to
				emit any regulated air contaminant or any contaminant listed under section
				112(b) of the federal Clean Air Act. This term does not alter or affect the
				definition of unit for purposes of title IV of the federal Clean Air
				Act.
l. "Environmental protection
				agency" or the "administrator" means the administrator of the United States
				environmental protection agency or the administrator's designee.
m. "Federal Clean Air Act" means the federal
				Clean Air Act, as amended [
				42 U.S.C.
				7401 et seq.].
n. "Final permit" means the version of a
				title V permit issued by the department that has completed all review
				procedures required in this section.
o. "Fugitive emissions" are those emissions
				which could not reasonably pass through a stack, chimney, vent, or other
				functionally equivalent opening.
p.
				"General permit" means a title V permit to operate that meets the requirements
				of subdivision d of subsection 5.
q. "Major source" means any stationary source
				(or any group of stationary sources that are located on one or more contiguous
				or adjacent properties, and are under common control of the same person (or
				persons under common control)) belonging to a single major industrial grouping
				and that are described in paragraph 1 or 2. For the purposes of defining "major
				source", a stationary source or group of stationary sources shall be considered
				part of a single industrial grouping if all of the contaminant emitting
				activities at such source or group of sources on contiguous or adjacent
				properties belong to the same major group (i.e., all have the same two-digit
				code) as described in the standard industrial classification manual, 1987.
(1) A major source under section 112 of the
				federal Clean Air Act, which is defined as:
(a) For contaminants other than
				radionuclides, any stationary source or group of stationary sources located
				within a contiguous area and under common control that emits or has the
				potential to emit, in the aggregate, ten tons [9.07 metric tons] per year (tpy)
				or more of any hazardous air contaminant which has been listed pursuant to
				section 112(b) of the federal Clean Air Act, twenty-five tons [22.67 metric
				tons] per year or more of any combination of such hazardous air contaminants,
				or such lesser quantity as the administrator of the United States environmental
				protection agency may establish by rule. Notwithstanding the preceding
				sentence, emissions from any oil or gas exploration or production well (with
				its associated equipment) and emissions from any pipeline compressor pump
				station shall not be aggregated with emissions from other similar units,
				whether or not such units are in a contiguous area or under common control, to
				determine whether such units or stations are major sources.
(b) For radionuclides, "major source" shall
				have the meaning specified by the administrator of the United States
				environmental protection agency by rule.
(2) A major stationary source of air
				contaminants, that directly emits or has the potential to emit, one hundred
				tons [90.68 metric tons] per year or more of any air contaminant subject to
				regulation (including any major source of fugitive emissions of any such
				contaminant, as determined by rule by the administrator of the United States
				environmental protection agency). For purposes of this definition, air
				contaminant subject to regulation does not include greenhouse gases as defined
				in title 40 Code of Federal Regulations 86.1818-12(a). The fugitive emissions
				of a stationary source shall not be considered in determining whether it is a
				major stationary source for the purposes of this section, unless the source
				belongs to one of the following categories of stationary source:
(a) Coal cleaning plants (with thermal
				dryers).
(b) Kraft pulp
				mills.
(c) Portland cement
				plants.
(d) Primary zinc
				smelters.
(e) Iron and steel
				mills.
(f) Primary aluminum ore
				reduction plants.
(g) Primary
				copper smelters.
(h) Municipal
				incinerators capable of charging more than two hundred fifty tons [226.80
				metric tons] of refuse per day.
(i)
				Hydrofluoric, sulfuric, or nitric acid plants.
(j) Petroleum refineries.
(k) Lime plants.
(l) Phosphate rock processing
				plants.
(m) Coke oven
				batteries.
(n) Sulfur recovery
				plants.
(o) Carbon black plants
				(furnace process).
(p) Primary lead
				smelters.
(q) Fuel conversion
				plants.
(r) Sintering
				plants.
(s) Secondary metal
				production plants.
(t) Chemical
				process plants.
(u) Fossil-fuel
				boilers (or combination thereof) totaling more than two hundred fifty million
				British thermal units per hour heat input.
(v) Petroleum storage and transfer units with
				a total storage capacity exceeding three hundred thousand barrels.
(w) Taconite ore processing plants.
(x) Glass fiber processing plants.
(y) Charcoal production plants.
(z) Fossil-fuel-fired steam electric plants
				of more than two hundred fifty million British thermal units per hour heat
				input.
(aa) Any other stationary
				source category which as of August 7, 1980, is being regulated under section
				111 or 112 of the federal Clean Air Act.
r. "Permit modification" means a revision to
				a title V permit that meets the requirements of subdivision e of subsection
				6.
s. "Permit program costs" means
				all reasonable (direct and indirect) costs required to develop and administer a
				permit program, under this section (whether such costs are incurred by the
				department or other state or local agencies that do not issue permits directly,
				but that support permit issuance or administration).
t. "Permit revision" means any permit
				modification or administrative permit amendment.
u. "Potential to emit" means the maximum
				capacity of a stationary source to emit any air contaminant under its physical
				and operational design. Any physical or operational limitation on the capacity
				of a source to emit an air contaminant, including air pollution control
				equipment and restrictions on hours of operation or on the type or amount of
				material combusted, stored, or processed, shall be treated as part of its
				design if the limitation is enforceable by the administrator of the United
				States environmental protection agency and the department.
v. "Proposed permit" means the version of a
				permit that the department proposes to issue and forwards to the administrator
				of the United States environmental protection agency for review.
w. "Regulated air contaminant" means the
				following:
(1) Nitrogen oxides or any volatile
				organic compounds.
(2) Any
				contaminant for which a national ambient air quality standard has been
				promulgated.
(3) Any contaminant
				that is subject to any standard promulgated under section 111 of the federal
				Clean Air Act.
(4) Any class I or
				II substance subject to a standard promulgated under or established by title VI
				of the federal Clean Air Act.
(5)
				Any contaminant subject to a standard promulgated under section 112 or other
				requirements established under section 112 of the federal Clean Air Act,
				including sections 112(g), (j), and (r) of the federal Clean Air Act, including
				the following:
(a) Any contaminant subject to
				requirements under section 112(j) of the federal Clean Air Act. If the
				administrator fails to promulgate a standard by the date established pursuant
				to section 112(e) of the federal Clean Air Act, any contaminant for which a
				subject source would be major shall be considered to be regulated on the date
				eighteen months after the applicable date established pursuant to section
				112(e) of the federal Clean Air Act; and
(b) Any contaminant for which the
				requirements of section 112(g)(2) of the federal Clean Air Act have been met,
				but only with respect to the individual source subject to section 112(g)(2) of
				the federal Clean Air Act requirement.
x. "Regulated contaminant" for fee
				calculation, which is used only for chapter 33.1-15-23, means any "regulated
				air contaminant" except the following:
(1)
				Carbon monoxide.
(2) Any
				contaminant that is a regulated air contaminant solely because it is a class I
				or II substance subject to a standard promulgated under or established by title
				VI of the federal Clean Air Act.
(3) Any contaminant that is a regulated air
				contaminant solely because it is subject to a standard or regulation under
				section 112(r) of the federal Clean Air Act.
(4) Greenhouse gases.
y. "Renewal" means the process by which a
				permit is reissued at the end of its term.
z. "Responsible official" means one of the
				following:
(1) For a corporation: a
				president, secretary, treasurer, or vice president of the corporation in charge
				of a principal business function, or any other person who performs similar
				policy or decisionmaking functions for the corporation, or a duly authorized
				representative of such person if the representative is responsible for the
				overall operation of one or more manufacturing, production, or operating
				facilities applying for or subject to a permit and either:
(a) The facilities employ more than two
				hundred fifty persons or have gross annual sales or expenditures exceeding
				twenty-five million dollars (in second quarter 1980 dollars).
(b) The delegation of authority to such
				representatives is approved in advance by the department.
(2) For a partnership or sole proprietorship:
				a general partner or the proprietor, respectively.
(3) For a municipality, state, federal, or
				other public agency: either a principal executive officer or ranking elected
				official. For the purposes of this section, a principal executive officer of a
				federal agency includes the chief executive officer having responsibility for
				the overall operations of a principal geographic unit of the agency (e.g., a
				regional administrator of the United States environmental protection
				agency).
(4) For affected sources:
(a) The designated representative insofar as
				actions, standards, requirements, or prohibitions under title IV of the federal
				Clean Air Act or the regulations promulgated thereunder are
				concerned.
(b) The designated
				representative for any other purposes under this section.
aa. "Section 502(b)(10) changes"
				are changes that contravene an express permit term. Such changes do not include
				changes that would violate applicable requirements or contravene federally
				enforceable permit terms and conditions that are monitoring (including test
				methods), recordkeeping, reporting, or compliance certification
				requirements.
bb. "Stationary
				source" means any building, structure, facility, or installation that emits or
				may emit any regulated air contaminant or any contaminant listed under section
				112(b) of the federal Clean Air Act.
cc. "Subject to regulation" means, for any
				air contaminant, that the air contaminant is subject to either a provision in
				the federal Clean Air Act, or a nationally applicable regulation codified by
				the administrator of the United States environmental protection agency in title
				40 Code of Federal Regulations chapter I, subchapter C, that requires actual
				control of the quantity of emissions of that air contaminant, and that such a
				control requirement has taken effect and is operative to control, limit, or
				restrict the quantity of emissions of that air contaminant release from the
				regulated activity.
dd. "Title V
				permit to operate or permit" (unless the context suggests otherwise) means any
				permit or group of permits covering a source that is subject to this section
				that is issued, renewed, amended, or revised pursuant to this
				section.
ee. "Title V source" means
				any source subject to the permitting requirements of this section, as provided
				in subsection 2.