North Dakota Air Permitting regulations & environmental compliance analysis

North Dakota Air Permitting: What you need to know

Governing Law and Regulations

Construction permits: North Dakota Administrative Code (NDAC) 33-15-14-01 and NDAC 33-15-14-02

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Applicability: NDAC 33-15-14-01, NDAC 33-15-14-02.1, NDAC 33-15-14-02.13, and NDAC 33-15-14-02.17

Application content: NDAC 33-15-14-02.2 and NDAC 33-15-14-02.4

Action on applications: NDAC 33-15-14-02.4

Permitting requirements: NDAC 33-15-14-02.5

Major source construction permits: NDAC 33-15-15

Operating permits:

Applicability: NDAC 33-15-14-03.1

Application content: NDAC 33-15-14-03.2

Action on the application: NDAC 33-15-14-03.5.b

Renewal: NDAC 33-15-14-03.9

Major source operating permits:

Title V operating permits: NDAC 33-15-14-06 and NDAC 33-15-14-07

Synthetic minor operating permits: NDAC 33-15-14-03.1.e and NDAC 33-15-14-03.5

Other permitting considerations:

Public participation: NDAC 33-15-14-02.6

Shutdown or malfunction: NDAC 33-15-01-13

Regulatory Agencies

North Dakota Department of Health Environmental Health Section Air Quality Division (AQD)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Comparison: State vs. Federal

· Rules. North Dakota’s air permitting program requires a permit for the construction or modification of any stationary source within a list of designated source categories. In addition, major sources are required to comply with the applicable provisions of the Prevention of Significant Deterioration (PSD). See the state section NEW SOURCE REVIEW for additional information on major source construction permitting requirements.

Sources must obtain a separate operating permit before starting up routine operation of the source. Sources may be required to conduct performance tests before an operating permit is issued. Major sources are either subject to the ...

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