Section 33.1-15-05-01 - Restriction of emission of particulate matter from industrial processes1.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.2.Emission limitations. No person shall cause, suffer, allow, or permit the emission of particulate matter in any one hour from any source in excess of the amount shown in table 3 for the process weight allocated to such source. a. Exceptions. (2) The department may prescribe air quality control requirements that are more restrictive and more extensive than provided in subsection 2 if the particulate matter emitted is a radioactive, toxic, or deleterious substance which may affect human health or well-being or that would cause significant damage to animal or plant life.(3) Any existing emission source which has particulate collection equipment with a collection efficiency of ninety-nine and seven-tenths percent or more by weight shall be considered as meeting the provisions of subsection 2. The efficiency of the particulate collection equipment shall be determined as outlined in section 33.1-15-05-04 with the process being served by the particulate collection equipment being run at normal operation maximum capacity.(4) Any portable emission source, not operated at the same premise for more than six months, shall be considered as meeting the provisions of subsection 2 if the source stack or stacks are equipped with particulate collection efficiency of eighty-five percent or more by weight as determined in paragraph 3, and all of the following conditions are met: (a) The source must not be located within a city.(b) The source must not be located within one-half mile [.80 kilometers] of any occupied residence, and within one mile [1.61 kilometers] of the source there shall be no more than two occupied residences.(c) The source must not be located within one-quarter mile [.40 kilometers] of any highway or public road.b. Grievance procedure. If any party is aggrieved by the department's decision as referenced in paragraph 2 of subdivision a, 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 paragraph 2 of subdivision a are not effective until ordered by the department at the conclusion of the hearing process. Table 3. Maximum Allowable Rates of Emission of Particulate Matter from Industrial Processes |
English | Metric |
Process Weight Rate (p) | Allowable Emission Rate (E) | Process Weight Rate (p) | Allowable Emission Rate (E) |
tons/hr | lb/hr | metric tons/hr | kg/hr |
0.05 | 0.551 | 0.045 | 0.25 |
0.25 | 1.62 | 0.23 | 0.74 |
0.50 | 2.58 | 0.45 | 1.16 |
2.50 | 7.58 | 2.27 | 3.43 |
5.00 | 1 2.05 | 4.54 | 5.46 |
10.00 | 1 9.18 | 9.07 | 8.67 |
25.00 | 3 5.43 | 22.68 | 16.03 |
50.00 | 4 4.58 | 45.36 | 20.21 |
2 50.00 | 6 0.96 | 2 26.80 | 27.65 |
5 00.00 | 6 8.96 | 4 53.59 | 31.29 |
1,000.00 | 7 7.59 | 9 07.19 | 35.21 |
2,500.00 | 9 0.06 | 2,267.96 | 40.87 |
Interpolation of the data in this table for process weight rates up to 30 tons/hr [27.21 metric tons/hr] shall be accomplished by the use of the equations:
E = 4.10 p 0.67 (English units)
E = 1.98 p 0.67 (Metric units)
and interpolation and extrapolation of the data for process weight rates in excess of 30 tons/hr [27.21 metric tons/hr] shall be accomplished by the use of the equations:
E = 55.0 p 0.11 -4 0 (English units)
E = 25.25 p0.11 -18.2 (Metric units)
where E = allowable emission rate in lb/hr [kg/hr] and p = process weight rate in tons/hr [metric tons/hr].
N.D. Admin Code 33.1-15-05-01
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04, 23.1-06-13; S.L. 2017, ch. 199, § 21