reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-19 - Visibility Protection › Section 33.1-15-19-03 - Visibility monitoring

Current through Supplement No. 393, July, 2024
The department may require monitoring of visibility in any
				  federal class I area near the proposed new stationary source or major
				  modification for such purposes and by such means as the department deems
				  necessary and appropriate. This can include preconstruction, concurrent with
				  construction, or postconstruction monitoring or any combination thereof.
The department shall provide its proposed requirements for
				  visibility monitoring by the owner or operator to the federal land manager
				  prior to issuing a permit to construct. The department shall consider the
				  federal land manager's comments on the proposed monitoring in any final
				  determinations to be placed on a permit to construct or permit to operate, or
				  both.
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 33.1-15-20 - Control of Emissions from Oil and Gas Well Production Facilities › Section 33.1-15-20-02 - Registration and reporting requirements

Current through Supplement No. 393, July, 2024
1. The owner or
				operator of any actively producing oil or gas well that is completed or
				recompleted on or after July 1, 1987, shall submit an oil and gas well
				registration form available from the department, and an analysis of any gas
				produced from the well. The registration form and gas analysis must be
				submitted to the department within ninety days of the well achieving active
				production status. The registration form must contain sufficient information to
				allow the department to determine if the oil or gas well and associated
				production facility is in compliance with all applicable sections of this
				chapter.
2. [Reserved].
3. The owner or operator of any oil or gas
				well subject to this section shall inform the department of any change to the
				information contained on the registration form for a particular well and shall
				submit a new gas analysis if the composition or the volume of the gas produced
				from the well has changed from the previous analysis to cause an increase of
				ten tons per year or more of sulfur (all sulfur compounds expressed as
				S).
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 33.1-15-20 - Control of Emissions from Oil and Gas Well Production Facilities › Section 33.1-15-20-03 - Prevention of significant deterioration applicability and source information requirements

Current through Supplement No. 393, July, 2024
1. Any oil or gas
				well production facility that is a major stationary source or a major
				modification as defined in chapter 33.1-15-15, shall comply with the permitting
				requirements of 33.1-15-15.
2. To
				determine prevention of significant deterioration of air quality (PSD)
				applicability for sulfur dioxide, the following formula must be used:
E = 0.00084 (R)(T) (% H2S)
Where:
E = sulfur dioxide emission rate (tons/year).
R = the average daily amount of gas burned, incinerated
				  and/or flared (thousand cubic feet per day at 60°F and 14.7 pisa - MCFD)
				  based upon a thirty - day period. The thirty - day period must be the last
				  thirty operating days of a one hundred eighty-day period following the
				  completion or recompletion of a well. In cases where the well is shut in for
				  extended periods during the one hundred eighty-day period following completion
				  or recompletion, a case-by-case determination of PSD can be requested of the
				  department.
T = days of operation per year (day/year). This number must
				  be three hundred sixty-five unless there are verifiable physical limitations or
				  a federally enforceable permit that limits the number of operating days.
% H2S = mole percent hydrogen sulfide
				  content as determined by the most recent gas The formula is derived as
				  follows:
Click
				  here to view image
Emissions from all onsite equipment at the production
				  facility must be included in the total annual emission determination.
3. The owner or operator of any
				oil or gas well production facility subject to subsection 1 of this section
				shall provide information to demonstrate that emissions from the facility do
				not significantly contribute to exceeding the ambient air quality standards, as
				defined in 33.1-15-02, or class I or class II increments, as defined in
				33.1-15-15; and shall address other requirements as specified in
				33.1-15-15.
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 33.1-15-21 - Acid Rain Program › Section 33.1-15-21-08.1 - Permits

Current through Supplement No. 393, July, 2024
The provisions of title 40 Code of Federal Regulations part
				  72 and its appendices, as they exist on January 1, 2012, for purposes of
				  implementing an acid rain program that meets the requirements of title IV of
				  the federal Clean Air Act, are incorporated into this chapter by reference. The
				  term "administrator" means the department except for those duties that cannot
				  be delegated to the department. For those duties that cannot be delegated,
				  "administrator" means the administrator of the United States environmental
				  protection agency. If the provisions or requirements of title 40 Code of
				  Federal Regulations part 72 conflict with or are not included in section
				  33.1-15-14-06, the provisions of
				  part 72 shall apply and take precedence.
General Authority:
NDCC 23.1-06-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08,
					 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 33.1-15-21 - Acid Rain Program › Section 33.1-15-21-09 - Continuous emissions monitoring

Current through Supplement No. 393, July, 2024
1.
General.
The monitoring, recordkeeping, and reporting of sulfur
				dioxide, nitrogen oxides, and carbon dioxide emissions, volumetric flow, and
				opacity data from affected units under the acid rain program shall be conducted
				in accordance with title 40 Code of Federal Regulations part 75. Title 40 Code
				of Federal Regulations part 75 and its appendices, as they exist on January 1,
				2012, are incorporated by reference.
2.
Exceptions.
Those portions of
				title 40 Code of Federal Regulations part 75 that are controlled and
				administered completely by the United States environmental protection agency
				will not be enforced by the state. This should not be construed as precluding
				the United States environmental protection agency from exercising its statutory
				authority under the Clean Air Act, as amended, or an affected source from
				complying with the authority or the requirements of the federal acid rain
				program.
General Authority:
NDCC 23.1-06-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08,
					 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 33.1-15-21 - Acid Rain Program › Section 33.1-15-21-10 - Acid rain nitrogen oxides emission reduction program

Current through Supplement No. 393, July, 2024
Title 40 Code of Federal Regulations part 76 and its
				  appendices, as they exist on January 1, 2012, are incorporated into this
				  chapter by reference.
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 33.1-15-22 - Emissions Standards for Hazardous Air Pollutants for Source Categories › Section 33.1-15-22-01 - Scope

Current through Supplement No. 393, July, 2024
The subparts and appendices of title 40 Code of Federal
				  Regulations part 63, as they exist on July 1, 2019, which are listed in section
				  33.1-15-22-03 are incorporated into this chapter by reference. Any changes to
				  an emissions 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 33.1-15-22 - Emissions Standards for Hazardous Air Pollutants for Source Categories › Section 33.1-15-22-02 - Definition

Current through Supplement No. 393, July, 2024
For the purposes of this chapter, "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.
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 33.1-15-23 - Fees › Section 33.1-15-23-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Major source" means any source that has
				been issued or is required by this article to obtain a title V permit to
				operate. This includes sources that have begun operation but have not yet
				applied for a title V permit to operate.
2. "Minor source" has the meaning given to it
				in section
				33.1-15-14-01.1.
3. "Regulated contaminant" means any
				"regulated air contaminant", as defined in section
				33.1-15-14-06, except the
				following:
a. Carbon monoxide.
b. 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.
c. 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.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-23 - Fees › Section 33.1-15-23-02 - Permit to construct fees

Current through Supplement No. 393, July, 2024
Any person constructing, installing, or establishing a new
				  stationary source or altering an existing source which requires a permit to
				  construct under subsections 1 and 3 of section
				  33.1-15-14-02 is required to pay
				  a permit to construct application filing fee and a permit to construct
				  processing fee to the department.
1.
Application fee.
A nonrefundable filing fee of three hundred
				twenty-five dollars must be submitted with the permit application.
2.
Processing fee.
The applicant
				shall pay a processing fee based on actual processing costs, including computer
				data processing costs, incurred by the department for all sources which would
				involve a major analysis the cost of which would exceed three hundred
				twenty-five dollars as determined by the department. The following procedures
				and criteria will be utilized in establishing the fee:
a. A record of all permit to construct
				application processing costs incurred must be maintained by the
				department.
b. Upon request, the
				department, in consultation with the applicant, will prepare an estimate of the
				processing fee and the billing schedule that will be utilized in processing the
				application.
c. Statements will be
				sent to the applicant containing the actual processing costs incurred by the
				department.
d. The applicant must
				pay the processing fee regardless of whether a permit to construct is issued,
				denied, or withdrawn.
e. Any source
				that initiates operation under a permit to construct prior to receiving a
				permit to operate is subject to the fees outlined in section
				33.1-15-23-03 or
				33.1-15-23-04, whichever is
				applicable.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-23 - Fees › Section 33.1-15-23-03 - Minor source permit to operate fees

Current through Supplement No. 393, July, 2024
1. The owner or
				operator of each installation subject to a permit issued under section
				33.1-15-14-03 shall pay an
				annual permit fee based on the following table:
Classification
Annual Fee
Designated
$300
Other
$100
State and local government
$0
Exempt
$0
The following criteria are used to classify sources for
				  determining minor source annual fees:
Designated:
A source that is designated for scheduled
							 inspections.
Other:
As designated by the department.
State and local government:
Any installation owned by the state of North Dakota
							 or a local government.
Exempt:
As designated by the department.
2.
				The following activities conducted by the department are not included in the
				annual costs and will be charged to affected sources based on the actual costs
				incurred by the department:
a. Observation of
				source or performance specification testing, or both.
b. Audits of source operated ambient air
				monitoring networks.
An accounting of the actual costs incurred under this
				  subsection must accompany the notice of the annual permit fee.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-23 - Fees › Section 33.1-15-23-04 - Major source permit to operate fees

Current through Supplement No. 393, July, 2024
1. The owner or
				operator of each installation that meets the applicability requirements of
				subsection 2 of section
				33.1-15-14-06 shall pay an
				annual fee. The fee is determined by the actual annual emissions of regulated
				contaminants. Fugitive emissions will be included in the fee calculation for
				sources that are required to count them when determining applicability under
				section 33.1-15-14-06.
2. Effective January 1, 2005, the annual fee
				shall be assessed at a rate of twenty-five dollars per ton of emissions of each
				regulated contaminant identified in section 112(b) of the federal Clean Air
				Act. All other regulated contaminants will be assessed a fee at a rate of
				twelve dollars per ton. The minimum fee will be five hundred dollars per
				source.
3. In determining the
				amount due, that portion of any regulated contaminant which is emitted in
				excess of four thousand tons [3,628.74 metric tons] per year will be exempt
				from the fee calculation.
4. Each
				boiler with a heat input greater than two hundred fifty million British thermal
				units per hour will be assessed fees on an individual basis and independent of
				the fees associated with the rest of the installation. The four thousand ton
				[3,628.74 metric ton] per year cap referenced in subsection 3 is applied to
				each boiler.
5. Any state-owned or
				local government-owned facility is exempt from the fee.
6. The fee calculation must be based upon
				actual annual emissions from the previous calendar year.
7. The fee must be calculated independently
				for each installation, facility, source, or unit which has been issued a
				separate permit to operate.
8. The
				fee rates and the limits established under subsection 2 may be adjusted on an
				annual basis to account for any increase in the consumer price index published
				by the department of labor, as of the close of the twelve-month period ending
				on August thirty-first of each calendar year.
9. Any source that qualifies as a "small
				business" under section 507 of the federal Clean Air Act may petition the
				department to reduce or exempt any fee required under this section. Sufficient
				documentation of the petitioner's financial status must be submitted with the
				request to allow the department to evaluate the request.
10. The department shall send a notice,
				identifying the amount of the annual permit fee, to the owner or operator of
				each affected source. The fee is due within sixty days following the date of
				such notice.
11. Greenhouse gases
				are exempt from the fees in this section.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-10; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-10;
					 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 33.1-15-23 - Fees › Section 33.1-15-23-05 - Phase I substitution units

Current through Supplement No. 393, July, 2024
Substitution units, as defined in 40 CFR part 72, shall pay
				  an annual administrative fee equal to one hundred thousand dollars per source.
				  This fee must be adjusted on an annual basis to account for any increase in the
				  consumer price index. The adjustment shall be made on August thirty-first of
				  each year and shall be based on the department of labor's published change in
				  the index.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-10; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-06-10; 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 33.1-15-23 - Fees › Section 33.1-15-23-06 - Oil and gas well production facilities

Current through Supplement No. 393, July, 2024
The owner or operator of an oil and gas well production
				  facility that is required to register the facility in accordance with section
				  33.1-15-20-02 shall pay a
				  nonrefundable filing fee of one hundred fifty dollars per well. The filing fee
				  must be submitted with the registration form.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-10; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-10;
					 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 33.1-15-24 - Standards for Lead-Based Paint Activities › Section 33.1-15-24-01 - Scope

Current through Supplement No. 393, July, 2024
The sections of title 40 Code of Federal Regulations part
				  745, as they exist on March 8, 2021, which are listed under section
				  33.1-15-24-02
				  are incorporated into this chapter by reference. Any changes to the standards
				  are listed below the title of the section.
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 33.1-15-24 - Standards for Lead-Based Paint Activities › Section 33.1-15-24-03 - Notification requirements

Current through Supplement No. 393, July, 2024
1.
Notification.
a. Notification of
				commencement of lead-based paint abatement activities in a residential dwelling
				or child-occupied facility or as a result of a federal, state, or local order
				shall be given to the department ten days prior to the commencement of the
				abatement activities. The notification shall be provided on a form provided by
				the department.
b. Notification of
				all lead-based paint accredited training courses offered in North Dakota shall
				be provided to the department at least ten days prior to the commencement of
				the course. Notification of completion of the course shall be provided to the
				department within ten days after the course has been completed. Both
				notifications shall be provided on a form provided by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-24 - Standards for Lead-Based Paint Activities › Section 33.1-15-24-04 - Lead-based paint abatement licensing, certification, and course approval fees

Current through Supplement No. 393, July, 2024
1.
Purpose.
This section establishes fees charged for the issuance of
				licenses and certificates by the department for lead-based paint activities.
				This section also establishes fees charged to recover costs associated with
				regulatory activities involving lead-based paint.
2.
Scope.
This section applies
				to a person or company who is an applicant for a lead-based paint certificate,
				license, or course approval issued by the department.
3.
Exemptions.
a. No application fees, license fees,
				amendment fees, or renewal fees shall be required for:
(1) Nonprofit educational institutions are
				exempt from the fees prescribed in this section. This exemption does not apply
				to institutions which perform any of the following:
(a) Remunerated services to other
				persons.
(b) Activities performed
				under a government contract.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-25 - Regional Haze Requirements › Section 33.1-15-25-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions in title 40 Code of Federal Regulations part
				  51, section 301, as they exist on October 1, 2005, are incorporated by
				  reference into this chapter. For purposes of this chapter only:
1. "Boiler operating day" means any
				twenty-four-hour period between midnight and the following midnight during
				which any fuel is combusted at any time at the steam generating unit.
2. "Contributes to visibility impairment"
				means a change in visibility impairment in a class I federal area of
				five-tenths deciviews or more (twenty-four-hour average) above the average
				natural visibility baseline. A source exceeds the threshold when the
				ninety-eighth percentile (eighth highest value) of the modeling results based
				on any one year of the three years of meteorological data modeled exceeds
				five-tenths deciviews.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-08; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08;
					 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 33.1-15-25 - Regional Haze Requirements › Section 33.1-15-25-02 - Best available retrofit technology

Current through Supplement No. 393, July, 2024
1.
				[Reserved].
2.
Installation
				of best available retrofit technology.
The owner or operator of any
				existing stationary facility as defined in title 40 Code of Federal Regulations
				section 301, which contributes to visibility impairment in a class I federal
				area shall install and operate best available retrofit technology. The
				equipment shall be installed and operating as expeditiously as practicable but
				in no event later than five years after the United States environmental
				protection agency's approval of North Dakota's state implementation plan
				revision for best available retrofit technology.
3.
Operation and maintenance of best
				available retrofit technology.
The owner or operator of a facility
				required to install best available retrofit technology under subsection 1 shall
				establish procedures to ensure such equipment is properly operated and
				maintained.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-08; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08;
					 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 33.1-15-25 - Regional Haze Requirements › Section 33.1-15-25-03 - Technology required to make reasonable progress toward the national visibility goal

Current through Supplement No. 393, July, 2024
The owner or operator of an existing stationary source shall
				  install and operate air pollution control equipment to meet the reasonable
				  progress goals, as determined in accordance with title 40, Code of Federal
				  Regulations, part 51, section 308, when required by the department. The
				  equipment must be installed as expeditiously as possible after the United
				  States environmental protection agency's approval of North Dakota's state
				  implementation plan revision. All required equipment must be properly operated
				  and maintained.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-08;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08;
					 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 33.1-15-25 - Regional Haze Requirements › Section 33.1-15-25-04 - Monitoring, recordkeeping, and reporting

Current through Supplement No. 393, July, 2024
The owner or operator of any existing stationary facility
				  that is required to install best available retrofit technology, or technology
				  to meet the reasonable progress goals, shall conduct monitoring, recordkeeping,
				  and reporting sufficient to show compliance or noncompliance. Monitoring for
				  sulfur dioxide and nitrogen oxides from the main stack of a fossil-fuel-fired
				  steam electric plant shall be conducted using continuous emissions monitoring
				  systems which comply with the requirements of section 33.1-15-21-09.
				  Particulate monitoring shall be in accordance with the requirements of
				  subsection 10 of section 33.1-15-14-06. Recordkeeping and reporting shall
				  comply with the requirements of section 33.1-15-14-06. Monitoring,
				  recordkeeping, and reporting for other source units shall comply with the
				  requirements of section 33.1-15-14-06.
General Authority:
NDCC 23.1-06-04,
					 23.1-06-08;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-06-04, 23.1-06-08;
					 S.L.
					 2017, ch. 199,
					 §
												21
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-01.1 - Additional point sources subject to regulation

Current through Supplement No. 393, July, 2024
1. Concentrated
				animal feeding operations,
				40
				CFR 122.23, is incorporated into this chapter
				by reference. The department regulates livestock operations under
				chapter
				33.1-16-03, including
				those which are not subject to this subsection.
2. Concentrated aquatic animal production
				facilities,
				40
				CFR 122.24, is incorporated into this chapter
				by reference.
3. Aquaculture
				projects,
				40
				CFR 122.25, is incorporated into this chapter
				by reference.
4. Storm water
				discharges,
				40
				CFR 122.26, is incorporated into this chapter
				by reference.
5. Silvicultural
				activities,
				40
				CFR 122.27, is incorporated into this chapter
				by reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-02 - Acquisition of data

Current through Supplement No. 393, July, 2024
1. Application for
				a national pollutant discharge elimination system permit. Any person who
				discharges any waste through a point source into a surface water or conducts
				any activity which requires a valid permit under North Dakota Century Code
				section 61-28-06 must file a completed national pollutant discharge elimination
				system application.
2. Any person
				who commences discharge of any waste through a point source into a surface
				water or conduct of any activity which requires a valid permit under North
				Dakota Century Code section 61-28-06 after the effective date of this chapter
				shall either:
a. File a completed national
				pollutant discharge elimination system application no less than one hundred
				eighty days prior to the day on which it is desired to commence operation of
				the waste disposal operation; or
b.
				File a completed national pollutant discharge elimination system application in
				sufficient time prior to the commencement of waste disposal operations to allow
				the department to ensure compliance with any applicable water quality standards
				and effluent standards and the requirements of sections 306 and 208(b) and (c)
				of the Federal Water Pollution Control Act.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-02.1 - Requests for variance

Current through Supplement No. 393, July, 2024
1. Applicants for a
				national pollutant discharge elimination system permit may request a variance
				from otherwise applicable effluent limitations under the following provisions:
a. Variance requests by nonpublicly owned
				treatment works,
				40
				CFR 122.21(m), which is
				incorporated into this chapter by reference;
b. Variance requests by publicly owned
				treatment works,
				40
				CFR 122.21(n), which is
				incorporated into this chapter by reference; and
c. Expedited variance procedures and time
				extensions,
				40
				CFR 122.21(o), which is
				incorporated into this chapter by reference.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-03 - Receipt and use of federal data

Current through Supplement No. 393, July, 2024
1. The department
				shall receive national pollutant discharge elimination system applications and
				other relevant data collected by the regional administrator prior to North
				Dakota's participation in the national pollutant discharge elimination system.
				The procedure for such transmittal of data shall be set out in a formal
				agreement entered into by the department and the regional
				administrator.
2. No national
				pollutant discharge elimination system permits shall be issued by the
				department based upon any Refuse Act or national pollutant discharge
				elimination system application which the regional administrator has identified
				as incomplete or otherwise deficient until the department receives information
				sufficient to correct the deficiency to the satisfaction of the regional
				administrator.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-04 - Transmission of data to the regional administrator

Current through Supplement No. 393, July, 2024
The department shall enter into a formal agreement with the
				  regional administrator, setting out procedures for the following
				  actions:
1. Transmittal to the
				regional administrator of a complete copy of any national pollutant discharge
				elimination system form received by the department.
2. Transmittal to the national data bank of a
				complete copy of any appropriate national pollutant discharge elimination
				system form received by the department.
3. Procedures for acting on the regional
				administrator's written waiver, if any, of the regional administrator's rights
				to receive copies of national pollutant discharge elimination system forms with
				respect to classes, types, and sizes within any category of point sources and
				with respect to minor discharges or discharges to particular navigable waters
				as such are defined by section 502(7) of the Federal Water Pollution Control
				Act, or parts thereof.
4. An
				opportunity for the regional administrator to object in writing to deficiencies
				in any national pollutant discharge elimination system application or reporting
				form received by the regional administrator and to have such deficiency
				corrected. If the regional administrator's objection relates to a national
				pollutant discharge elimination system application, the department shall send
				the regional administrator any information necessary to correct the deficiency
				and, if the regional administrator so requests, shall not issue the national
				pollutant discharge elimination system permit until the department receives
				notice from the regional administrator that the deficiency has been
				corrected.
5. An opportunity for
				the regional administrator to identify any discharge which has a total volume
				of less than fifty thousand gallons [189,250 liters] on every day of the year
				as a discharge which is not a minor discharge. If the regional administrator so
				identifies a discharge and notifies the department, the latter shall require
				the applicant for such discharge to submit additional national pollutant
				discharge elimination system application forms or any other information
				requested by the regional administrator in the regional administrator's
				notification to the department.
6.
				Procedures for the transmittal. if requested by the regional administrator, of
				copies of notice received by the department from publicly owned treatment works
				pursuant to subsection 4 of section
				33.1-16-01-16.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-05 - Identity of signatories to national pollutant discharge elimination system forms

Current through Supplement No. 393, July, 2024
1. Any national
				pollutant discharge elimination system application form or other document
				required to accompany the form when submitted to the department must be signed
				as follows:
a. In the case of corporations,
				by a principal executive officer of at least the level of vice president, or
				the officer's duly authorized representative, if such representative is
				responsible for the overall operation of the facility from which the discharge
				described in the national pollutant discharge elimination system form
				originates.
b. In the case of a
				partnership, by a general partner.
c. In the case of sole proprietorship, by the
				proprietor.
d. In the case of a
				municipal, state, federal, or other public facility, by either a principal
				executive officer or a ranking elected official.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-06 - Notice and public participation

Current through Supplement No. 393, July, 2024
In the formulation of tentative determinations and draft
				  national pollutant discharge elimination system permits, including general
				  permits:
1. The department will
				prepare a tentative staff determination, with respect to any completed national
				pollutant discharge elimination system application. Such tentative
				determinations shall include at least the following:
a. A proposed determination to issue or deny
				a national pollutant discharge elimination system permit for the discharge
				described in the application.
b. If
				the proposed determination is to issue a national pollutant discharge
				elimination system permit, the following additional tentative determinations
				shall be made:
(1) Proposed effluent
				limitations, standards, and prohibitions, identified pursuant to section
				33.1-16-01-13 for those
				pollutants proposed to be limited.
(2) If necessary, a proposed schedule of
				compliance, including interim dates and requirements, for meeting the proposed
				effluent limitations.
(3) Proposed
				permit conditions pursuant to sections
				33.1-16-01-12 and
				33.1-16-01-13.
(4) Proposed monitoring requirements pursuant
				to section
				33.1-16-01-12.
(5) Proposed variances pursuant to section
				33.1-16-01-02.1.
(6) A brief description of any other proposed
				special condition which will have a significant impact upon the discharge
				described in the national pollutant discharge elimination system
				application.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-07.1 - Response to comments

Current through Supplement No. 393, July, 2024
Upon issuance of any final permit, the department shall issue
				  a response to comments which briefly describes and responds to all significant
				  comments received during the public comment period, public hearing, or public
				  meeting. The response shall specify each provision of the draft permit which
				  has been changed and the reasons for each change and shall be available to the
				  public.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-08 - Fact sheets

Current through Supplement No. 393, July, 2024
1. The department
				shall prepare, and following public notice, shall send, upon request to any
				person, a fact sheet with respect to the application described in the public
				notice, when a draft permit is prepared in the following circumstances:
a. The draft permit is for a major facility
				or a general permit;
b. The draft
				permit incorporates a variance or requires an explanation pursuant to paragraph
				3 of subdivision c of subsection 2; or
c. The draft permit is subject to widespread
				public interest or raises major issues.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-09 - Notice to government agencies

Current through Supplement No. 393, July, 2024
The state shall notify other appropriate government agencies
				  of each complete application for a national pollutant discharge elimination
				  system permit and shall provide such agencies an opportunity to submit their
				  written views and recommendations.
1.
				The department shall ensure that a copy of each fact sheet prepared under the
				provisions of this chapter is mailed to the following parties:
a. Any other state whose waters might be
				affected by the issuance of a national pollutant discharge elimination system
				permit.
b. Any interstate agency
				having water quality authority over affected waters.
c. Any other appropriate federal, state, or
				local agency, including other appropriate public health agencies.
d. The appropriate district engineer of the
				United States army corps of engineers.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-10 - Public access to information

Current through Supplement No. 393, July, 2024
In addition to the provisions of section
				  33.1-16-01-07, the department
				  shall provide the following:
1.
				Facilities for the public inspection of all information relating to national
				pollutant discharge elimination system forms, including monitoring data, and a
				machine or device for the copying of those papers and documents at a reasonable
				fee.
2. A copy of any request for
				the confidential treatment of any information relating to a North Dakota
				pollutant discharge elimination system permit application to the regional
				administrator, together with all information related to such request.
3. If the department determines that certain
				information should be accorded confidential status for reason of being a trade
				secret, it shall disclose such information to the administrator upon the
				latter's request; the administrator shall maintain the disclosed information in
				confidence, unless the administrator determines that such information, if made
				public, would not divulge methods of processes entitled to protection as trade
				secrets.
4. Information required by
				national pollutant discharge elimination system application forms may not be
				claimed confidential. This includes information submitted on the forms and any
				attachments used to supply information required by the form. In no case shall
				the name and address of any applicant or permittee, permit applications,
				permits, or effluent data be considered confidential by the
				department.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-11 - Hearings and notice

Current through Supplement No. 393, July, 2024
1. A national
				pollutant discharge elimination system applicant, any affected state, any
				affected interstate agency, any affected country, the regional administrator,
				or any interested agency, person, or group of persons may request or petition
				the department for a public hearing with respect to national pollutant
				discharge elimination system applications. Any such request or petition for
				public hearing shall be filed in writing within the thirty-day period
				prescribed in subsection 2 of section
				33.1-16-01-07 and shall indicate
				the interest of the person filing such request and the reasons why a hearing is
				warranted.
2. The department shall
				hold a hearing if it determines that there is a significant public interest,
				including the filing of requests or petitions for such hearing, in holding such
				a hearing. The department may also hold a hearing at its discretion for any
				other reason. Any hearing brought pursuant to this subsection shall be held in
				the geographical area of the proposed discharge or other appropriate area, in
				the discretion of the department and may, as appropriate, consider related
				groups of permit applications.
3.
				Public notice of any hearing held under this section shall be circulated at
				least as widely as was the notice of the national pollutant discharge
				elimination system application pursuant to section
				33.1-16-01-07. Procedures for
				the circulation of public notice for hearings held under this section shall
				include at least the following:
a. Notice
				shall be published in at least one newspaper of general circulation within the
				geographical area of the discharge.
b. Notice shall be sent to all persons and
				government agencies which received a copy of the notice or the fact sheet for
				the national pollutant discharge elimination system application.
c. Notice shall be mailed to any person or
				group upon request.
d. Notice shall
				also be given to all persons who submitted comments on the proposed national
				pollutant discharge elimination system permit pursuant to section
				33.1-16-01-07.
e. Notice shall be effected pursuant to
				subdivision a at least thirty days in advance of the hearing.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-12 - Terms and conditions of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. The following
				discharges into the waters of the state are prohibited:
a. Any radiological, chemical, or biological
				warfare agent or high-level radioactive waste.
b. Any discharge into the navigable waters
				that the secretary of the army acting through the chief of engineers finds
				would substantially impair anchorage and navigation.
c. Any discharge to which the regional
				administrator has objected in writing.
d. Any discharge from a point source which is
				in conflict with a plan or amendment thereto approved pursuant to section
				208(b) of the Federal Water Pollution Control Act.
e. Any discharge requiring certification
				under section 401 of the Federal Water Pollution Control Act and 40 CFR part
				124.53, for which the department has neither granted nor waived the
				certification.
f. Any discharge
				from a new source or new discharger which causes or contributes to the
				violation of applicable water quality standards, unless the owner or operator
				of the new source or new discharger demonstrates that:
(1) The existing dischargers to the stream
				segment are subject to compliance schedules designed to bring the stream
				segment into compliance; and
(2)
				Remaining pollutant load allocations are sufficient to allow for the
				discharge.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-15 - Schedules of compliance in issued national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. With respect to
				any discharge which is not in compliance with applicable effluent standards and
				limitations, water quality standards, or other requirements listed in section
				33.1-16-01-13, the permittee
				shall be required to take specific steps to achieve compliance with such
				applicable effluent standards and limitations, water quality standards, or
				other requirements:
a. In accordance with any
				applicable schedule of compliance contained in:
(1) Applicable effluent standards and
				limitations;
(2) If more stringent,
				water quality standards; or
(3) If
				more stringent, requirements listed in section
				33.1-16-01-13; or