Operating Permits

The Operating Permits set operational and emission limits, monitoring, record-keeping, and reporting requirements for sources of air emissions.

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Kyla Schneider (kkschneider@nd.gov).


Operating Permit Required

An Operating Permit (Permit to Operate [PTO]) is required for the routine operation of an installation or source designated in NDAC Section 33-15-14-01. Sources or alterations to a source which are determined by the Department to be of minor significance may not require an operating permit. Sources that received a construction permit (PTC) under Section 33-15-14-02 must notify the Department within 15 days following initial startup to satisfy the requirement to apply for an operating permit.

Important Note: Sources that have received a Permit to Construct and require a Title V Operating Permit or Title V permit revision must submit a complete Title V application within 12 months after commencing operation.

A PTO is then issued after the conditions of the construction permit have been verified by the Department with a facility inspection. For those sources that were not issued a PTC (i.e., portable sources), an application for a PTO must be made on forms supplied by the Department prior to initiating operations.


How do I apply for an Operating Permit?

The steps required for applying for a PTO depend on the type of permit that you are applying for: General, Portable, True Minor, Synthetic Minor, Major (Title V).

What is a Minor Source?

True Minor— A true minor source Permit to Operate is issued to facilities that have the potential to emit less than 100 ton/yr of a criteria pollutant, less than 10 ton/yr of any single hazardous air pollutant and less than 25 ton/yr of any combination of hazardous air pollutants.

General Permit— A general Permit to Operate may be issued for numerous, similar, true minor sources such as asphalt plants, dry cleaners and grain elevators. Examples of facilities that may apply for a general permit include:

  • Asphalt Plants
  • Dry Cleaners
  • Grain Elevators— Example General Permit
  • Incinerators & Crematoriums
  • Rock, Sand, & Gravel Plants
  • Portable Sources


How do I apply for a Minor Source Permit to Operate?

Obtaining a minor source permit usually begins with the permittee applying for and receiving a Construction Permit.

Sources that received a construction permit under Section 33-15-14-02 must notify the Department within 15 days of initial startup to satisfy the requirement to apply for a PTO.

A PTO is then issued after the conditions of the construction permit (PTC) have been verified by the Department with a facility inspection. For those sources that were not issued a construction permit (i.e., portable sources), an application for a PTO must be made on forms supplied by the Department prior to initiating operations.


Is a public comment period required?

For True Minor and General Permits, a public comment period is not required. However, public comment and EPA review are required for Synthetic Minor Operating Permits (see Synthetic Minor Source Permitting below for more information).


What is a Synthetic Minor Source?

Sources that have the potential to emit 100 ton/yr or greater of a criteria pollutant, 10 ton/yr or greater of any hazardous air pollutant, or 25 ton/yr or greater of any combination of hazardous air pollutants, and for which the permittee accepts a federally enforceable limit in the Permit to Operate that limits the potential to emit to the same criteria specified for a minor source.


What are federally enforceable limits?

Typically, a federally-enforceable limit is a physical or operational limitation on the capacity of a source to emit an air pollutant that is capable of being enforced by the federal government and citizens in federal court. A limitation has been considered federally enforceable if it is enforceable as a practical matter.

Examples of federally enforceable limits include:

  • Throughput limits/production rate limits
  • Operational limits
  • Fuel type and/or usage amount limits
  • Emission limits over a set period of time

How do I apply for a Synthetic Minor Source Permit to Operate?

Obtaining a minor source permit usually begins with the permittee applying for and receiving a Construction Permit.

Sources that received a construction permit under Section 33-15-14-02 must notify the Department within 15 days of initial startup to satisfy the requirement to apply for a PTO.

A PTO is then issued after the conditions of the construction permit (PTC) have been verified by the Department with a facility inspection. For those sources that were not issued a construction permit (i.e., portable sources), an application for a PTO must be made on forms supplied by the Department prior to initiating operations.


Is a public comment period required?

Yes. Public participation concurrent with an EPA review period (30-day comment/review period) is required prior to issuing synthetic minor permits under the Minor Source Permit to Operate Program.


What is a Major (Title V) Source?

Sources that have the potential to emit 100 ton/yr or greater of a criteria pollutant, 10 ton/yr or greater of any hazardous air pollutant, or 25 ton/yr or greater of any combination of hazardous air pollutants, and other facilities that the EPA rules have specifically determined require a Title V permit (e.g. municipal solid waste landfills).


How do I apply for a Title V Permit to Operate?

Important Note: Sources that have received a Permit to Construct and require a Title V Operating Permit or Title V permit revision must submit a complete Title V application within 12 months after commencing operation.
  1. If your facility has a Construction Permit (PTC), notify the department within 15 days following start-up. Air Quality personnel will inspect the facility to verify compliance with the conditions of the issued PTC.
  2. After a complete Title V application has been received, a draft Operating Permit will be sent to the permittee for review. Comments may be made at this time. Please alert the Department to any errors, omissions, or issues you see when reviewing the draft permit.
  3. After the draft has been reviewed by the permittee, and no further revisions or corrections are needed, a 30-day public comment period will be conducted.
  4. After the 30-day public comment period, there is a 45-day review period conducted by the EPA. The 30-day and 45-day review periods are not concurrent.
  5. Upon successful completion of the above listed steps, a Title V operating permit will be issued.
A copy of your application for an initial Title V permit must be sent to the North Dakota Department of Health at:
      North Dakota Department of Health
      Division of Air Quality
      918 East Divide Avenue, 2nd Floor
      Bismarck, ND 58501
Also, send a copy of the permit application to EPA Region 8 at:
      Air Program (8P-AR)
      Office of Partnerships & Regulatory Assistance
      U.S. EPA - Region 8
      1595 Wynkoop Street
      Denver, CO 80202-1129

Is a public comment period required?

Yes. Public participation with a 30-day comment period followed by a 45-day EPA review period is required prior to issuing major (Title V) permits under the Major (Title V) Permit to Operate Program. The Department, not the permittee, will initiate the public comment and EPA review periods.


Is a permit application fee required?

No. Initial Title V Permit to Operate application, administrative changes, revisions and renewals do not require a fee.



Operating Permit Application Forms

More forms can be found on our Forms page.


Once an Operating Permit has been issued

Once an operating permit has been issued by the department, the holder of that permit must adhere to all regulations that apply to that facility and complete all record-keeping, reporting, and testing conditions specified in the permit. Depending on the type of permit issued, there may be annual, biennial, or once per term facility inspections.

Record Keeping, Reporting, & Testing Requirements

An Operating Permit will contain minimum record-keeping requirements, including, but not limited to, identifying records that must be maintained, the frequency that it must be documented, and how long the records must be retained. Some records must be reported to the Department on an Annual, Semi-Annual, Quarterly, or as requested basis.

More information related to compliance and enforcement can be found on our Compliance & Enforcement page; along with common forms used for reporting.

Annual Fee Schedule for Minor Sources

(True Minor, Synthetic Minor, & General)

Permit Type

Amount

True Minor $300
Synthetic Minor $300
General $300
State/Local Government fee for a Permit to Operate $0

Annual Fee Schedule for Major Sources

(Title V- for bills issued July 2015)

Type

Amount

Minimum fee for a Permit to Operate $614.71
Fee for Criteria Pollutants (PM10, SO2, NOx, & VOCs) Emitted $14.76/ton1
Fee for Hazardous Air Pollutants (HAPs) Emitted $30.74/ton1
1Emissions up to 4,000 tons per contaminant per source and for boilers greater than 250 MMBtu/hr.

Exemptions:

  • The rules exempt state and local government-owned facilities from fees.
  • Small Businesses under the Clean Air Act may petition for exemption from annual fees. For more information about small businesses see the Small Business Assistance Program.

Each boiler with a heat input greater than 250 MMBtu/hr will be assessed fees on an individual basis and independent of the fees associated with the rest of the installation.

Major source fee rate/ton may be increased annually based on 12-month Consumer Price Index (CPI) ending August 31 each year. Note: The August 2014 12-month CPI rate was +1.7%.

General Information Concerning the Air Pollution Control Permit Fee System (09-12)

Fees for Construction Permits, Operating Permits, and Oil & Gas Well Registrations are detailed in Chapter 33-15-24.


Renewal Process

An Operating Permit will have a set time frame for submitting a renewal application. Minor, Synthetic Minor, General, Title V requirements.....

Minor source and synthetic minor source operating permits are effective from the date of issuance until the expiration date. Initial permits are typically issued for 5 years unless the permit is suspended, revoked, or surrendered. The expiration date for renewal permits will be at 5-year intervals following the expiration date of the initial permit. Permits are renewed by the Department through an application process. Existing permits contain a condition that requires that an application for renewal be submitted to the Department no later than ninety days prior to the expiration date. As a courtesy, the Department typically sends the permittee a renewal reminder notice approximately 4 months prior to the permit expiration date. Non-receipt of this notice does not absolve a permittee of any renewal requirements. Typically, the notice will include a copy of the renewal application form (SFN-60242) and a copy of the existing permit.

To complete a true minor or synthetic minor renewal application, a permittee must review the existing permit and accomplish the following:
  1. Verify all administrative entries in Items 1 through 4 of the existing permit and all source unit information in Item 6. Line out incorrect entries on the copy of the permit provided (or a similar copy), and enter the correct information to include changes in address, location, items of equipment, processes, etc. Use additional sheets as necessary.

  2. Review the conditions of the permit listed in Item 7. Any questions about the conditions should be noted directly on the permit or on additional sheets.

  3. Complete and sign the "Permit Renewal Application" form and submit it to:

    • North Dakota Department of Health
      Division of Air Quality
      918 East Divide Avenue, 2nd Floor
      Bismarck, ND 58501

    For synthetic minor sources only (not true minor sources), also send a copy of the permit renewal application to EPA Region 8 at:

      Air Program (8P-AR)
      Office of Partnership & Regulatory Assistance
      U.S. EPA - Region 8
      1595 Wynkoop Street
      Denver, CO 80202-1129

A permit renewal application for a Major (Title V) Source must be submitted at least six months, but no more than eighteen months prior to the expiration date for the permit. As a courtesy, the Department typically sends a renewal reminder notice approximately 1 year prior to the permit expiration date. Non-receipt of this notice does not absolve a permittee of any renewal requirements. The notice will include a copy of the renewal application form (SFN-52824) and a copy of the existing permit.

Important Note: The permittee's right to operate terminates with the expiration of the permit unless a permit renewal application is submitted at least six months prior to permit expiration. Operating without a permit is a violation of state and federal air pollution control rules. Instructions for completing a Title V application can be found in Operating Permit Application Forms located at the bottom of this page.



I'm looking for an issued permit.

All issued Operating Permits can be found here. If you are looking for issued Permits to Construct you can find those and PTOs on our Permit Portal.

Information contained in the database includes facility location information, and permittee contact information.

Questions related to a specific Operating Permit should be directed to the State Air Quality Contact for a given facility (name provided in the database table).


Last Updated: 07/29/2016

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