North Dakota New Source Review regulations & environmental compliance analysis

North Dakota New Source Review : 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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Nonattainment new source review (NSR): 40 CFR 81.335

Prevention of significant deterioration (PSD): NDAC 33-15-15-01.1 to 33-15-15-02

Applicability: NDAC 33-15-15-01.2

Action on the application: NDAC 33-15-15-01.2

Class I areas: 40 CFR 81.423

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 requires new and modified sources in the list of designated source categories to apply for and obtain a construction permit. A construction permit must be obtained before the modification of an existing source or the installation of a new emissions source begins.

North Dakota is currently in attainment with all of the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants. Therefore, new major sources and major modifications to existing sources are not subject to the requirements of nonattainment NSR at this time. However, such sources and changes are subject to PSD requirements. The state administers a state implementation plan (SIP)-approved PSD program. The North Dakota PSD regulations are adopted and incorporated by reference from the current federal PSD requirements, with minor exceptions. See the national section NEW SOURCE REVIEW for more information on nonattainment NSR and PSD.

Major sources must also comply with the Title V operating permit program. For additional information on major source operating permits, including Title V and synthetic minor operating permits, see the state section TITLE V.

· Administration and enforcement.

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