reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-14 - NORTH DAKOTA BOILER RULES › Chapter 33.1-14-11 - HOBBY BOILER OPERATOR LICENSING › Section 33.1-14-11-08 - License denial or revocation

Current through Supplement No. 393, July, 2024
1. The
				director may deny an application for a hobby boiler operator's license if the
				applicable requirements of North Dakota Century Code chapter 23.1-16 and this
				chapter are not met or if an applicant is not capable of operating a hobby
				boiler in a safe manner.
2. The
				director may revoke a hobby boiler operator's license if the applicable
				requirements of North Dakota Century Code chapter 23.1-16 and this chapter are
				not met, if an operator operates a hobby boiler carelessly or negligently or
				otherwise endangers the health and safety of others.
3. An applicant or license holder may appeal
				the denial or revocation of a license by filing a written appeal with the
				director within ten days of receipt of written notice of such a decision. Upon
				receipt of a timely appeal, an administrative hearing may be conducted in the
				manner provided in North Dakota Century Code chapter 28-32.
General Authority:
NDCC 23.1-16
Law Implemented:
NDCC
					 23.1-16
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-01 - Purpose

Current through Supplement No. 393, July, 2024
It is the purpose of these air quality standards and emission
				  regulations to state such requirements as shall be required to achieve and
				  maintain the best air quality possible, consistent with the best available
				  control technology, to protect human health, welfare, and property; to prevent
				  injury to plant and animal life; to promote the economic and social development
				  of this state; to foster the comfort and convenience for the people; and to
				  facilitate the enjoyment of the natural attractions of this state.
General Authority:
NDCC 23.1-06-04;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-06-02;
					 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 33.1-15-01 - Purpose › Section 33.1-15-01-02 - Scope

Current through Supplement No. 393, July, 2024
These air quality standards and emission regulations apply to
				  any source or emission existing partially or wholly within North
				  Dakota.
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 33.1-15-01 - Purpose › Section 33.1-15-01-03 - Authority

Current through Supplement No. 393, July, 2024
The department of environmental quality has been authorized
				  to provide and administer this article under the provisions of North Dakota
				  Century Code chapter 23.1-06.
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 33.1-15-01 - Purpose › Section 33.1-15-01-04 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, except as otherwise specifically
				  provided or when the context indicates otherwise, the following words shall
				  have the meanings ascribed to them in this section:
1. "Act" means North Dakota Century Code
				chapter 23.1-06.
2. "Air
				contaminant" means any solid, liquid, gas, or odorous substance or any
				combination thereof emitted to the ambient air.
3. "Air pollution" means the presence in the
				outdoor atmosphere of one or more air contaminants in such quantities and
				duration as is or may be injurious to human health, welfare, or property or
				animal or plant life, or which unreasonably interferes with the enjoyment of
				life or property.
4. "Ambient air"
				means the surrounding outside air.
5. "ASME" means the American society of
				mechanical engineers.
6. "Coal
				conversion facility" means any of the following:
a. An electrical generating plant, and all
				additions thereto, which processes or converts coal from its natural form into
				electrical power and which has at least one single electrical energy generation
				unit with a generator nameplate capacity of twenty-five megawatts or
				more.
b. A plant, and all additions
				thereto, which processes or converts coal from its natural form into a form
				substantially different in chemical or physical properties, including coal
				gasification, coal liquefaction, and the manufacture of fertilizer and other
				products and which uses or is designed to use over five hundred thousand tons
				of coal per year.
c. A coal
				beneficiation plant, and all additions thereto, which improve the physical,
				environmental, or combustion qualities of coal and are built in conjunction
				with a facility defined in subdivision a or b.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-05 - Abbreviations

Current through Supplement No. 393, July, 2024
The abbreviations used in this article have the following
				  meanings:
A
- ampere
A.S.T.M.
- American Society for Testing and Materials
Btu
- British thermal unit
°C
- degree Celsius (centigrade)
cal
- calorie
CdS
- cadmium sulfide
cfm
- cubic feet per minute
CFR
- Code of Federal Regulations
cu ft
- cubic feet
CO
- carbon monoxide
CO2
- carbon dioxide
dcf
- dry cubic feet
dcm
dry cubic meter
dscf
dry cubic feet at standard conditions
dscm
dry cubic meter at standard conditions
eq
equivalents
°F
degree Fahrenheit
ft
feet
g
gram
gal
gallon
geq
gram equivalents
gr
grain
hr
hour
HCI
hydrochloric acid
Hg
mercury
H2O
water
H2S
hydrogen sulfide
H2SO4
sulfuric acid
Hz
hertz
in.
inch
J
joule
°K
degree Kelvin
k
1,000
kg
kilogram
l
liter
Ipm
liter per minute
lb
pound
m
meter
m3
cubic meter
meq
milliequivalent
min
minute
mg
milligram -103
								gram
Mg
megagram -106
								gram
ml
milliliter-10-3
								liter
mm
millimeter-10-3
								meter
mol
mole
mol.wt.
molecular weight
mV
millivolt
N2
nitrogen
N
newton
ng
nanogram -10-9
								gram
nm
nanometer -10-9
								meter
NO
nitric oxide
NO2
nitrogen dioxide
NOx
nitrogen oxides
O2
oxygen
Pa
pascal
PM
particulate matter
PM25
particulate matter with an aerodynamic diameter
								less than or equal to a nominal 2.5 micrometers
PM10
particulate matter with an aerodynamic diameter
								less than or equal to a nominal 10 micrometers
ppb
parts per billion
ppm
parts per million
psia
pounds per square inch absolute
psig
pounds per square inch gauge
°R
degree Rankine
s-sec
second
scf
cubic feet at standard conditions
scfh
cubic feet per hour at standard conditions
scm
cubic meters at standard conditions
scmh
cubic meters per hour at standard conditions
SO2
sulfur dioxide
SO3
sulfur trioxide
SOx
sulfur oxides
sqft
square feet
std
at standard conditions
TSP
total suspended particulate
µg
microgram
								-10-6gram
V
volt
W
watt
Q
ohm
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 33.1-15-01 - Purpose › Section 33.1-15-01-06 - Entry onto premises - Authority

Current through Supplement No. 393, July, 2024
Entry onto premises and onsite inspection shall be made
				  pursuant to North Dakota Century Code section 23.1-06-11.
General Authority:
NDCC 23.1-06-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-06-11; 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 33.1-15-01 - Purpose › Section 33.1-15-01-07 - Variances

Current through Supplement No. 393, July, 2024
1. Where upon
				written application of the responsible person or persons the department finds
				that by reason of exceptional circumstances strict conformity with any
				provisions of this article would cause undue hardship, would be unreasonable,
				impractical, or not feasible under the circumstances, the department may permit
				a variance from this article upon such conditions and within such time
				limitations as it may prescribe for prevention, control, or abatement of air
				pollution in harmony with the intent of the state and any applicable federal
				laws.
2. No variance may permit or
				authorize the creation or continuation of a public nuisance, or a danger to
				public health or safety.
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 33.1-15-01 - Purpose › Section 33.1-15-01-08 - Circumvention

Current through Supplement No. 393, July, 2024
No person shall cause or permit the installation or use of
				  any device or any means which conceals or dilutes an emission of air
				  contaminant which would otherwise violate this article.
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 33.1-15-01 - Purpose › Section 33.1-15-01-09 - Severability

Current through Supplement No. 393, July, 2024
If any provision of this article or the application thereof
				  to any person or circumstances is held to be invalid, such invalidity shall not
				  affect other provisions or application of any other part of this article which
				  can be given effect without the invalid provision or application, and to this
				  end the provisions of this article and the various applications thereof are
				  declared to be severable.
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 33.1-15-01 - Purpose › Section 33.1-15-01-10 - Land use plans and zoning regulations

Current through Supplement No. 393, July, 2024
1.
Planning
				agency land use plans.
a. The
				department will provide to planning agencies, for use in preparing land use
				plans, information concerning:
(1) Air
				quality.
(2) Air pollutant
				emissions.
(3) Air pollutant
				meteorology.
(4) Air quality
				goals.
(5) Air pollution
				effects.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-12 - Measurement of emissions of air contaminants

Current through Supplement No. 393, July, 2024
1.
Sampling
				and testing.
The department may reasonably require any person
				responsible for emission of air contaminants to make or have made tests, at a
				reasonable time or interval, to determine the emission of air contaminants from
				any source, for the purpose of determining whether the person is in violation
				of any standard under this article or to satisfy other requirements under the
				North Dakota Century Code chapter 23.1-06. All tests shall be made and the
				results calculated in accordance with test procedures approved or specified by
				the department. All tests shall be conducted by reputable, qualified personnel.
				The department shall be given a copy of the test results in writing and signed
				by the person responsible for the tests.
The owner or operator of a source shall notify the department
				  using forms supplied by the department, or its equivalent, at least thirty
				  calendar days in advance of any tests of emissions of air contaminants required
				  by the department. Advanced notification for all other testing will be
				  consistent with the requirements of the appropriate regulations but in no case
				  will be less than thirty calendar days. If the owner or operator of a source is
				  unable to conduct the performance test on the scheduled date, the owner or
				  operator of a source shall notify the department as soon as practicable when
				  conditions warrant and shall coordinate a new test date with the
				  department.
Failure to give the proper notification may prevent the
				  department from observing the test. If the department is unable to observe the
				  test because of improper notification, the test results may be rejected.
2.
The department may make
				tests.
The department may conduct tests of emissions of air contaminants
				from any source. Upon request of the department, the person responsible for the
				source to be tested shall provide necessary holes in stacks or ducts and such
				other safe and proper sampling and testing facilities, exclusive of instruments
				and sensing devices as may be necessary for proper determination of the
				emission of air contaminants.
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 33.1-15-01 - Purpose › Section 33.1-15-01-13 - Shutdown and malfunction of an installation - Requirement for notification

Current through Supplement No. 393, July, 2024
1.
Maintenance shutdowns.
In the case of shutdown of air pollution
				control equipment for necessary scheduled maintenance, the intent to shut down
				such equipment shall be reported to the department at least twenty-four hours
				prior to the planned shutdown provided that the air contaminating source will
				be operated while the control equipment is not in service. Such prior notice
				shall include the following:
a.
				Identification of the specific facility to be taken out of service as well as
				its location and permit number.
b.
				The expected length of time that the air pollution control equipment will be
				out of service.
c. The nature and
				estimated quantity of emissions of air pollutants likely to be emitted during
				the shutdown period.
d. Measures
				such as the use of off-shift labor and equipment that will be taken to minimize
				the length of the shutdown period.
e. The reasons that it would be impossible or
				impractical to shut down the source operation during the maintenance
				period.
f. Nothing in this
				subsection shall in any manner be construed as authorizing or legalizing the
				emission of air contaminants in excess of the rate allowed by this article or a
				permit issued pursuant to this article.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-14 - Time schedule for compliance

Current through Supplement No. 393, July, 2024
Except as otherwise specified, compliance with the provisions
				  of this article shall be according to the following time schedule:
1.
New installations.
Every new
				installation shall comply as of going into continuous routine operation for its
				intended purpose.
2.
Existing
				installations.
Every existing installation shall be in compliance as of
				July 1, 1970, unless the owner or person responsible for the operation of the
				installation shall have submitted to the department in a form and manner
				satisfactory to it, a program and schedule for achieving compliance, such
				program and schedule to contain a date on or before which full compliance will
				be attained, and such other information as the department may require. If
				approved by the department, such date will be the date on which the person
				shall comply. The department may require persons submitting such program to
				submit subsequent periodic reports on progress in achieving
				compliance.
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 33.1-15-01 - Purpose › Section 33.1-15-01-15 - Prohibition of air pollution

Current through Supplement No. 393, July, 2024
1. No person shall
				permit or cause air pollution, as defined in section
				33.1-15-01-04.
2. Nothing in any other part of this article
				concerning emission of air contaminants or any other regulation relating to air
				pollution shall in any manner be construed as authorizing or legalizing the
				creation or maintenance of air pollution.
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 33.1-15-01 - Purpose › Section 33.1-15-01-16 - Confidentiality of records

Current through Supplement No. 393, July, 2024
1.
Public
				inspection.
Any record, report, or information obtained or submitted
				pursuant to this article will be available to the public for inspection and
				copying during normal working hours unless the department certifies that the
				information is confidential. Anyone requesting department assistance in
				collecting, copying, certifying, or mailing public information must tender, in
				advance, the reasonable cost of those services.
2.
Information submitted as trade
				secrets.
The department may certify records, reports, or information, or
				particular part thereof, other than emission data, as confidential upon a
				showing that the information would, if made public, divulge methods or
				processes entitled to protection as trade secrets. Any person submitting trade
				secret information must present the information to the department in a sealed
				envelope marked "CONFIDENTIAL". Each page of any document claimed confidential
				must be clearly marked with the word "CONFIDENTIAL". The submission must
				contain two parts:
a. The material claimed to
				contain trade secret information; and
b. A request for confidential treatment
				including:
(1) All information for which no
				claim is being made;
(2) An
				affidavit stating how and why the information fulfills the conditions of
				confidentiality under this subsection; and
(3) An index to and summary of the
				information submitted which is suitable for release to the public.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-17 - Enforcement

Current through Supplement No. 393, July, 2024
1. Enforcement
				action will be consistent with procedures as approved by the United States
				environmental protection agency.
2.
				Notwithstanding any other provision in this article, any credible evidence may
				be used for the purpose of establishing whether a person has violated or is in
				violation of this article.
a. Information
				from the use of the following methods is presumptively credible evidence of
				whether a violation has occurred at a source:
(1) A compliance assurance monitoring
				protocol approved for the source pursuant to subsection 10 of section
				33.1-15-14-06.
(2) A monitoring method approved for the
				source pursuant to paragraph 3 of subdivision a of subsection 5 of section
				33.1-15-14-06 and incorporated
				in a federally enforceable title V permit to operate.
(3) Compliance test methods specified in this
				article.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-01 - Purpose › Section 33.1-15-01-18 - Compliance certifications

Current through Supplement No. 393, July, 2024
Notwithstanding any other provision in this article, for the
				  purpose of submission of compliance certifications the owner or operator is not
				  prohibited from using the following in addition to any specified compliance
				  methods:
1. A compliance assurance
				monitoring protocol approved for the source pursuant to subsection 10 of
				section 33.1-15-14-06.
2. Any other monitoring method approved for
				the source under paragraph 3 of subdivision a of subsection 5 of section
				33.1-15-14-06 and incorporated
				into a federally enforceable title V permit to operate.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-01 - Scope

Current through Supplement No. 393, July, 2024
The ambient air quality standards as presented in this
				  chapter pertain to the ambient air within the boundaries of North
				  Dakota.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-02 - Purpose

Current through Supplement No. 393, July, 2024
It is the purpose of these air quality standards to set forth
				  levels of air quality for the maintenance of public health and welfare and to
				  provide guidance to governmental and other parties interested in abating air
				  pollution. Since the ambient air in North Dakota is generally cleaner than
				  these standards, the standards are not a permit for the unnecessary degradation
				  of air quality.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-03 - Air quality guidelines

Current through Supplement No. 393, July, 2024
In keeping with the purpose of these ambient air quality
				  standards, the quality should be such that:
1. The public health will be protected
				including sensitive or susceptible segments of the population.
2. Concentrations of pollutants will not
				cause public nuisance or annoyance.
3. Agricultural crops, animals, forest, and
				other plant life will be protected.
4. Visibility will be protected.
5. Metals or other materials will be
				protected from abnormal corrosion or damage.
6. Fabrics will not be soiled, deteriorated,
				or their colors affected.
7.
				Natural scenery will not be obscured.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-04 - Ambient air quality standards

Current through Supplement No. 393, July, 2024
1.
Particulates and gases.
The standards of ambient air quality
				listed in table 1 and table 2 define the limits of air contamination by
				particulates and gases. Any air contaminant which exceeds these limits is
				hereby declared to be unacceptable and requires air pollution control measures.
				The stated limits include normal background levels of particulates and
				gases.
2.
Radioactive
				substances.
The ambient air shall not contain any radioactive substances
				exceeding the concentrations specified in article 33.1-10.
3.
Other air contaminants.
The
				ambient air shall not contain air contaminants in concentrations that would be
				injurious to human health or well being or unreasonably interfere with the
				enjoyment of property or that would injure plant or animal life. The department
				may establish, on a case-by-case basis, specific limits of concentration for
				these contaminants.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-05 - Methods of sampling and analysis

Current through Supplement No. 393, July, 2024
Air contaminants listed under table 1 shall be measured by
				  the method or methods listed in title 40 Code of Federal Regulations parts 50
				  and 53. Hydrogen sulfide sampling equipment and methods must be approved by the
				  department. Hydrogen sulfide analyzers must be designed for use as ambient air
				  quality monitors and must be capable of meeting performance specifications as
				  determined by the department.
The sampling and analytical procedures employed and the
				  number, duration, and location of samples to be taken to measure ambient levels
				  of air contaminants shall be consistent with obtaining results which are
				  precise, accurate, and representative of the conditions being
				  evaluated.
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-06 - Reference conditions

Current through Supplement No. 393, July, 2024
The standards of ambient air quality listed in table 1 are
				  corrected to a reference temperature of twenty-five degrees Celsius [298
				  degrees Kelvin] and a reference pressure of seven hundred sixty millimeters of
				  mercury [101.3 kilopascals].
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 33.1-15-02 - Ambient Air Quality Standards › Section 33.1-15-02-07 - Concentrations of air contaminants in the ambient air restricted

Current through Supplement No. 393, July, 2024
1. No person may
				cause or permit the emission of contaminants to the ambient air from any source
				in such a manner and amount that causes or contributes to a violation in the
				ambient air of those standards stated in section
				33.1-15-02-04.
2. Nothing in any other part or section of
				this article may in any manner be construed as authorizing or legalizing the
				emission of air contaminants in such manner as prohibited in subsection
				1.
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 33.1-15-02 - Ambient Air Quality Standards › Table 2 - NATIONAL AMBIENT AIR QUALITY STANDARDS

Current through Supplement No. 393, July, 2024
Air Contaminant
Standards (Maximum Permissible Concentrations)
Sulfur oxides (sulfur dioxide)
0.030 parts per million (80 micrograms per cubic meter
						  of air) maximum annual arithmetic mean concentration, not to be exceeded in a
						  calendar year.
0.14 parts per million (365 micrograms per cubic meter
						  of air) maximum 24-hour concentration, not to be exceeded more than once per
						  calendar year.
The standards in Table 2 will remain in effect until one
				  year after the effective date of the designation for the one-hour sulfur
				  dioxide standard pursuant to Section 107 of the Federal Clean Air Act except
				  for areas designated nonattainment with respect to the standards in Table 2 and
				  areas not meeting the requirements of a state implementation call with respect
				  to requirements for the national ambient air quality standards in Table 2. The
				  standards in Table 2 will apply to those areas until that area submits, and the
				  environmental protection agency approves, an implementation plan providing for
				  attainment of the one-hour sulfur dioxide standard.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-01 - Restrictions applicable to existing installations

Current through Supplement No. 393, July, 2024
No person may discharge into the ambient air from any single
				  source of emission whatsoever, with the exception of existing incinerators, any
				  air contaminant which exhibits an opacity greater than forty percent except
				  that a maximum of sixty percent opacity shall be permissible for not more than
				  one six-minute period per hour. Provided, however:
1. In consideration of public health and
				welfare, when it becomes both technically and economically feasible, the source
				shall comply with visible air contaminant restrictions as outlined in section
				33.1-15-03-02 when directed by
				the department.
2. Any existing
				source which has installed control technology capable of complying with the
				visible air contaminant restrictions applicable to new installations shall
				comply with section
				33.1-15-03-02 when directed by
				the department.
3. If any party is
				aggrieved by the department's decision as referenced in subsections 1 and 2,
				that party may request a hearing before the department to review such decision.
				Such hearing must be conducted according to North Dakota Century Code chapter
				28-32. If a hearing is requested, the requirements of section
				33.1-15-03-02 are not effective
				until ordered by the department at the conclusion of the hearing
				process.
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 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-02 - Restrictions applicable to new installations and all incinerators

Current through Supplement No. 393, July, 2024
No person may discharge into the ambient air from any single
				  source of emission whatsoever any air contaminant which exhibits an opacity
				  greater than twenty percent except that a maximum of forty percent opacity is
				  permissible for not more than one six-minute period per hour.
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 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-03 - Restrictions applicable to fugitive emissions

Current through Supplement No. 393, July, 2024
No person may discharge into the ambient air from any source
				  of fugitive emissions, as determined or identified by the department, any air
				  contaminant which exhibits an opacity greater than forty percent for more than
				  one six-minute period per hour. Such visible emissions shall have been visibly
				  transported off the property of emission origination and remains visible to an
				  observer positioned off said property when sighting along a line which does not
				  cross the property of emission origination.
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 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-03.1 - Restrictions applicable to flares

Current through Supplement No. 393, July, 2024
No person may discharge into the ambient air from any single
				  source of emission whatsoever any air contaminant which exhibits an opacity
				  greater than twenty percent except that a maximum of sixty percent opacity is
				  permissible for not more than one six-minute period per hour.
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 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-04 - Exceptions

Current through Supplement No. 393, July, 2024
The provisions of sections
				  33.1-15-03-01,
				  33.1-15-03-02,
				  33.1-15-03-03, and
				  33.1-15-03-03.1 shall not apply
				  in the following circumstances:
1.
				Where the presence of uncombined water is the only reason for failure of an
				emission to meet the requirements.
2. When smoke is emitted for the purpose of
				training or research when approved by the department, including training
				schools for firefighting personnel.
3. [Reserved].
4. [Reserved].
5. Where fugitive emissions are caused by
				agricultural activities related to the normal operations of a farm. However,
				agricultural practices such as tilling of land, application of fertilizers,
				harvesting of crops, and other activities shall be managed in such a manner as
				to minimize dust from becoming airborne.
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 33.1-15-03 - Restriction of Emission of Visible Air Contaminants › Section 33.1-15-03-05 - Method of measurement

Current through Supplement No. 393, July, 2024
1. Method 9.
				Compliance with visible emission standards in chapter 33.1-15-03 shall be
				determined by conducting observations in accordance with Reference Method 9 of
				Appendix A to 33.1-15-12. Per hour for Reference Method 9 means any contiguous
				sixty-minute time period. When Reference Method 9 opacity readings are not
				available, continuous opacity monitors may be substituted. Per hour for
				monitors means any sixty-minute period commencing on the hour. The results of
				continuous monitoring by transmissometer, which indicate that the opacity at
				the time visible emissions were taken, were not in excess of the standard, are
				probative but not conclusive evidence of the actual opacity of an emission;
				provided, that the source shall meet the burden of proving that the instrument
				used meets (at the time of the alleged violation) Performance Specification 1
				in Appendix B, has been properly maintained and (at the time of the alleged
				violation) calibrated, and that the resulting data have not been tampered with
				in any way.
2. Method 22. When a
				visible emissions limit is specified in a permit issued in accordance with this
				article as zero percent opacity except for a certain frequency, compliance
				shall be determined using Reference Method 22 of Appendix A to
				33.1-15-12.
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 33.1-15-04 - Open Burning Restrictions › Section 33.1-15-04-01 - Refuse burning restrictions

Current through Supplement No. 393, July, 2024
No person may cause, conduct, or permit open burning of
				  refuse, trade waste, or other combustible material, except as provided for in
				  section 33.1-15-04-02 or
				  33.1-15-10-02, and no person may
				  conduct, cause, or permit the conduct of a salvage operation by open
				  burning.
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 33.1-15-05 - Emissions of Particulate Matter Restricted › Section 33.1-15-05-01 - Restriction of emission of particulate matter from industrial processes

Current through Supplement No. 393, July, 2024
1.
General
				provisions.
a. This section applies to
				any operation, process, or activity from which particulate matter is emitted
				except the burning of fuel for indirect heating in which the products of
				combustion do not come into direct contact with process materials, the burning
				of refuse, and the processing of salvable material by burning.
b. The process weight rate per hour referred
				to in this section shall be based upon the normal operation maximum capacity of
				the equipment, and if such normal maximum capacity should be increased by
				process or equipment changes, the new normal maximum capacity shall be used as
				the process weight in determining the allowable emissions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-05 - Emissions of Particulate Matter Restricted › Section 33.1-15-05-02 - Maximum allowable emission of particulate matter from fuel burning equipment used for indirect heating

Current through Supplement No. 393, July, 2024
1.
General
				provisions.
a. This section applies to
				installations in which fuel is burned for the primary purpose of producing
				steam, hot water, hot air, or other indirect heating of liquids, gases, or
				solids and, in the course of doing so, the products of combustion do not come
				into direct contact with process materials. Fuels include those such as coal,
				coke, lignite, coke breeze, fuel oil, and wood but do not include refuse. When
				any products or byproducts of a manufacturing process are burned for the same
				purpose or in conjunction with any fuel, the same maximum emission limitations
				shall apply.
b. The maximum
				allowable particulate matter which may be emitted from fuel burning units at a
				source is determined by the maximum or manufacturer's rated heat input of each
				unit.
c. Fuel burning equipment
				that meets the applicability requirements of subdivision a in which a gaseous
				fuel is burned alone or in combination with other gaseous fuels is exempt from
				the emission limitations in subsection 2. Fuel burning equipment that burns a
				gaseous fuel, or fuels, in combination with other fuels is subject to the
				emission limitations in subsection 2.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-05 - Emissions of Particulate Matter Restricted › Section 33.1-15-05-03 - Incinerators

Current through Supplement No. 393, July, 2024
1.
Applicability.
a. The owner or
				operator of an incinerator of any design capacity for refuse, except trash and
				refuse derived fuel, must comply with 40 CFR part 60, subpart Ea, which is
				incorporated by reference in chapter 33.1-15-12.
b. Beginning August 1, 1996, no owner or
				operator of an incinerator for refuse may incinerate materials of any type or
				form which are recyclable, unless the owner demonstrates to the department that
				recycling for a waste material is not reasonably available. Documents subject
				to state or federal privacy regulations may be incinerated when no other
				acceptable method of disposal is reasonably available.
c. Beginning August 1, 1997, each existing
				incinerator for trash must meet the same standards as a new incinerator for
				trash.
d. As used in this section,
				"new incinerator" means an incinerator, the construction for which has not been
				approved by the department prior to August 1, 1995.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-05 - Emissions of Particulate Matter Restricted › Section 33.1-15-05-04 - Methods of measurement

Current through Supplement No. 393, July, 2024
1. The reference
				methods in appendix A to chapter 33.1-15-12, its replacement or other methods,
				as approved by the department shall be used to determine compliance with
				sections
				33.1-15-05-01 and
				33.1-15-05-02 as follows:
a. Method 1 for selection of sampling site
				and sample traverses.
b. Method 2
				for determination of stack gas velocity and volumetric flow rate.
c. Method 3 for gas analysis.
d. Method 4 for determination of moisture in
				the stack gas.
e. Method 5 for
				concentration of particulate matter and the associated moisture content. The
				sampling time for each run shall be at least sixty minutes and the minimum
				sampling volume shall be thirty dry cubic feet at standard conditions [0.85 dry
				cubic meter at standard conditions] except that smaller sampling times or
				volumes when necessitated by process variables or other factors may be approved
				by the department.
(1) For each run using
				method 5 for fuel burning equipment, the emissions expressed in pounds per
				million British thermal units [nanograms per joule] shall be determined by the
				following procedures:
Click
				  here to view image
where:
(a) E =
				pollutant emission, lb/million Btu [ng/j].
(b) C = pollutant concentration, lb/dscf
				[ng/dscm].
(c)
				%O2 = oxygen content by volume, dry basis.
(d) %CO2 = carbon
				dioxide content by volume, dry basis.
The percent oxygen and percent carbon dioxide shall be
				  determined by using the integrated or grab sampling and analysis procedures of
				  method 3, 3A, 3B, or 3C, as appropriate, by traversing the duct at the same
				  sampling locations used for each run of method 5.
(e) Fd and
				Fc = factors as listed in method 19 appendix A of
				33.1-15-12.
(2) For each
				run using method 5 for industrial processes, the emission rate expressed in
				pounds per hour shall be determined by the equation lb/hr = (Qs) (c) where:
Qs = volumetric flow rate of the total
				  effluent in dscf/hr and
c = particulate concentration in lb/dscf.
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 33.1-15-06-01 - Restriction of emissions of sulfur dioxide from use of fuel

Current through Supplement No. 393, July, 2024
1.
General
				provisions.
a. Except as provided in
				subdivision c, this section applies to any installation in which fuel is burned
				and in which the sulfur dioxide emissions are substantially due to the content
				of the fuel burned, and in which the fuel is burned primarily to produce
				heat.
b. For purposes of this
				section, a fuel burning installation is any single fuel burning furnace or
				boiler or other unit, device, or contrivance in which fuel is burned or any
				grouping of two or more such furnaces or boilers or other units, devices, or
				contrivances on the same premises or otherwise located in close proximity to
				each other and under control of the same person. The capacity of such
				installations shall be the manufacturer's or designer's guaranteed maximum heat
				input rate.
c. This chapter does
				not apply to installations which are subject to a sulfur dioxide emission limit
				under chapter 33.1-15-12.
d. For
				purposes of this chapter, equipment at an oil and gas production facility, as
				defined in 33.1-15-20, is considered industrial process equipment.
e. This chapter does not apply to
				installations that burn pipeline quality natural gas or A.S.T.M. commercial
				propane alone or in combination with each other. Installations that burn
				pipeline quality natural gas or A.S.T.M. commercial propane in combination with
				other fuels are subject to the requirements of this
				chapter.
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 33.1-15-06-02 - Restriction of emissions of sulfur oxides from industrial processes

Current through Supplement No. 393, July, 2024
1.
General
				provisions.
This section applies to all emissions except those in which
				all of the following are met:
a. Fuel is
				burned primarily to produce heat.
b. The sulfur compound emission is due
				primarily to the sulfur in the fuel burned.
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 33.1-15-06-03 - Methods of measurement

Current through Supplement No. 393, July, 2024
Testing must be done in accordance with the provisions of
				  chapter 33.1-15-12, as applicable. The reference methods in appendix A to
				  33.1-15-12, its replacement or applicable alternative methods as approved by
				  the department, shall be used to determine compliance with this chapter as
				  follows:
1. Method 1 for selection of
				sampling site and sample traverses.
2. Method 2 for stack gas velocity and
				volumetric flow rate.
3. Method 3
				for gas analysis.
4. Method 4 for
				moisture content.
5. Method 6, 6A,
				6C, and 20, as applicable, for concentration of sulfur dioxide. The minimum
				sampling time shall be at least sixty minutes per run and a test must consist
				of three runs.
For each run using method 6 for fuel burning equipment the
				  emissions expressed in pounds per million British thermal units [nanogram per
				  joule] shall be determined by the following procedures:
Click
				  here to view image
where:
(1) E =
				pollutant emission, lb/million Btu [ng/j].
(2) C = pollutant concentrations, lb/dscf
				[ng/dscm].
(3)
				%O2 = oxygen content by volume, dry basis.
(4) %CO2 = carbon
				dioxide content by volume, dry basis.
The percent oxygen and percent carbon dioxide shall be
				  determined by using the integrated sampling and analysis procedures of method
				  3.
(5)
				Fd and Fc = factors listed in
				method 19 of appendix A of 33.1-15-12.
For facilities firing combinations of fuels the
				  Fd or Fc factors designated in
				  this section shall be prorated in accordance with the applicable formula as
				  follows:
Click
				  here to view image
where:
xi = the fraction of total heat input derived from each type
				  of fuel.
(Fd)ior
				  (Fc)i = the applicable
				  Fd or Fc factor for each fuel
				  type.
n = the number of fuels being burned in
				  combination.