Section 33.1-15-05-02 - Maximum allowable emission of particulate matter from fuel burning equipment used for indirect heating1.General provisions.a. This section applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air, or other indirect heating of liquids, gases, or solids and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels include those such as coal, coke, lignite, coke breeze, fuel oil, and wood but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitations shall apply.b. The maximum allowable particulate matter which may be emitted from fuel burning units at a source is determined by the maximum or manufacturer's rated heat input of each unit.c. Fuel burning equipment that meets the applicability requirements of subdivision a in which a gaseous fuel is burned alone or in combination with other gaseous fuels is exempt from the emission limitations in subsection 2. Fuel burning equipment that burns a gaseous fuel, or fuels, in combination with other fuels is subject to the emission limitations in subsection 2.2.Emission limitations.a. Existing installations. No person shall cause or permit the emission of particulate matter, caused by combustion of fuel in any existing fuel burning equipment, from any stack or chimney in excess of eighty-hundredths pounds of particulates per million British thermal units [344 nanograms per joule] heat input. Provided, however, as technology develops for making new control equipment compatible, both technically and economically, with present plants they shall comply with limitations on emissions of particulate matter from fuel burning installations as outlined in subdivision b when directed by the department.b. New installations. No person shall cause or permit the emission of particulate matter, caused by the combustion of fuel in any new fuel burning equipment, from any stack or chimney in excess of the quantity set forth in table 4.c. Means shall be provided in all newly constructed units and wherever practicable in existing units to allow the periodic measurement of fly ash and other particulate matter.d. No person may burn or cause or permit the burning of refuse, including preservative treated wood, in any installation which was designed for the sole purpose of burning fuel unless approved by the department.e. Existing or new installations, with a heat input of not more than ten million British thermal units per hour and sources with multiple boilers with a total aggregate heat input of not more than ten million British thermal units per hour, shall be exempt from the applicable allowable emission rate set forth in subdivision a or in table 4, respectively. These sources shall be subject to visible emission and ambient air quality standards.f. Any new or existing source whose heat input is greater than two hundred fifty million British thermal units per hour and is equipped with state-of-the-art control technology capable of complying with the particulate emission limitations of subparagraph 1 of paragraph a of section 60.42 of subpart D of chapter 33.1-15-12 [ 40 CFR 60.42(a)(1) ] shall comply with such limitations when directed by the department.g. If any party is aggrieved by the department's decision as referenced in subdivision a or f, 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 emission limitations as referenced in subdivision a or f (whichever is applicable) are not effective until ordered by the department at the conclusion of the hearing process. Table 4. Maximum Allowable Rates of Emission of Particulate Matter from New Fuel Burning Equipment |
Heat Input (H) | Allowable Emission Rate (E) | Heat Input (H) | Allowable Emission Rate (E) |
106 Btu/hr | lb/106 Btu | joules/hr | nanogram/joule |
10 or less | 0.600 | 1.05 x 1010 | 258 |
20 | 0.548 | 2.11 x 10 10 | 235 |
30 | 0.519 | 3.16 x 1010 | 224 |
40 | 0.500 | 4.22 x 1010 | 215 |
50 | 0.486 | 5.27 x 1001 | 209 |
100 | 0.444 | 1.05 x 1011 | 191 |
150 | 0.421 | 1.58 x 1011 | 181 |
200 | 0.405 | 2.11 x 10 11 | 174 |
250 | 0.394 | 2.64 x 1011 | 169 |
Interpolation and extrapolation of the data in this table shall be accomplished by the use of equations:
E = 0.811 H -0.131 (English units)
E = 5,307 H -0.131 (Metric units)
where E = allowable emission rate in lb/million Btu of heat input [nanogram/joule] and H = heat input in millions of Btu/hr [joules/hr].
N.D. Admin Code 33.1-15-05-02
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