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North Dakota Century Code (Chapter 23-25   Air Pollution Control) 

Air Pollution Control Rules (Article 33-15)

  • A copy of the Air Pollution Control Rules for the State of North Dakota may be obtained for a fee of $15.00 per copy (to help defray the cost of printing and postage).  Send check or money order to:  North Dakota Department of Health, Division of Air Quality, 918 E. Divide Ave., Bismarck, ND 58501-1947.  Upon receipt of your payment in the amount of $15.00, payable to the North Dakota Department of Health, we will transmit to you a copy of the Air Pollution Control Rules.  Your check or money order will be your receipt.

New or Changed Rules:  Air Quality

New rules are those defined as effective within the last two calendar years and administered by the North Dakota Department of Health.   New changes to existing rules are also included. 

Operators of industrial, commercial and institutional boilers fueled by coal, biomass or oil (area sources of HAP) 40 CFR Part 63, Subpart JJJJJJ generally applies to these boilers regardless of size or date of manufacture.  The rule establishes requirements for owners and operators, and the earliest compliance date depends on the specifics associated with each boiler.  The EPA No Action Assurance for submitting submitting the Notification of Compliance Status expires December 31, 2012.  For additional information see http://www.epa.gov/boilercompliance, or contact Craig Thorstenson, 701-328-5188, cthorstenson@nd.gov.

Operators of industrial, commercial and institutional boilers and process heaters fueled by various solids, liquids and gasses(major sources of HAP) 40 CFR Part 63, Subpart DDDDD generally applies to these boilers and heaters regardless of size or date of manufacture.  The rule establishes requirements for owners and operators.  The EPA No Action Assurance for submitting submitting the Notification of Compliance Status expires December 31, 2012.  For additional information see http://www.epa.gov/ttn/atw/boiler/boilerpg.html#RULE, or contact Craig Thorstenson, 701-328-5188, cthorstenson@nd.gov.

Auto paint and body shops/paint stripping and miscellaneous surface coating operations (area sources of HAP) - 40 CFR Part 63, Subpart HHHHHH applies to paint stripping and application operations that use chemical strippers that contain methylene chloride (MeCl) or paints containing compounds of chromium, lead, manganese, nickel or cadmium.  The rule establishes requirements for owners and operators, and the compliance date for existing sources was 01/10/2011.  For additional information see http://www.epa.gov/ttn/atw/area/arearules.html, or contact Keith Hinnenkamp, 701-328-5188, khinnenk@nd.gov.

Facilities which emit greenhouse gases (GHG) - The Greenhouse Gas Reporting Rule requires owners/operators to report GHG emissions for facilities which emit 25,000 metric tons or more annually of GHGs.  The first annual report was due to EPA September 30, 2011.  For additional information see http://www.epa.gov/climatechange/emissions/ghgrulemaking.html, or contact Lew Dendy, 701-328-5188, ldendy@nd.gov.

Facilities which emit greenhouse gases (GHG) - The Prevention of Significant Deterioration (PSD) and Title V Greenhouse Tailoring Rule limits the facilities that will be required to obtain PSD and Title V permits based upon GHG emissions.  Implementation dates were 01/02/2011 and 07/01/2011.  For additional information see http://www.epa.gov/NSR/actions.html#may10, or contact Lew Dendy, 701-328-5188, ldendy@nd.gov.

Metal fabricators and finishers (area sources) 40 CFR Part 63, Subpart XXXXXX applies to new and existing operations primarily engaged in manufacturing one of the following:  metal products, structural metal, heating equipment, industrial/construction machinery, boiler plate work, oil and gas field machinery, and equipment finishing.  The hazardous air pollutants regulated by this rule include compounds of cadmium, chromium, lead, manganese and nickel.  The rule establishes requirements for owners and operators, and the initial compliance date was 07/25/2011.  For additional information see: http://www.epa.gov/ttn/atw/area/fr23jy08.pdf and http://www.epa.gov/ttn/atw/area/compilation.html, or contact Lew Dendy, 701-328-5188, ldendy@nd.gov.

Hard and decorative chromium electroplating and chromium anodizing tanks (area and major sources of HAP) 40 CFR 63, Subpart N applies to existing, new and reconstructed chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromium anodizing.  This rule was revised and published in the Federal Register on September 19, 2012.  The compliance date for existing affected sources is September 19, 2014.  For additional information see http://www.epa.gov/ttn/atw/chrome/chromepg.html, or contact Lew Dendy, 701-328-5188, ldendy@nd.gov.

For further information on new or existing rules, please call the Division of Air Quality at 701.328.5188, or email Tom Bachman at tbachman@nd.gov.