N.D. Admin. Code 33.1-15-13-01.2

Current through Supplement No. 393, July, 2024

Section 33.1-15-13-01.2 - Emission standards

Subpart A - General provisions.

* 61.02 - The definition of administrator is deleted and replaced with the following:

Administrator means the department except for those duties that cannot be delegated by the United States environmental protection agency. For those duties that cannot be delegated, administrator means the administrator of the United States environmental protection agency.

The following definition is added:

"Waiver of compliance" means a permit to operate with a compliance schedule.

* Sections 61.07 and 61.08 are deleted in their entirety and replaced with the following:

Application for permit to construct. The owner or operator of any new source to which a standard prescribed under these subparts is applicable, prior to the date on which construction or modification is planned to commence, shall apply for and receive a permit to construct as provided in section 33.1-15-14-02. For those sources on which construction or modification has commenced and initial startup has not occurred prior to the effective date of a standard of this chapter, the owner or operator shall apply for a permit to construct within thirty days after the effective date of the standard.

Neither the submission of an application for a permit to construct nor the administrator's approval of construction or modification shall:

(1) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this chapter or of any other applicable federal, state, or local requirement; or

(2) Prevent the administrator from implementing or enforcing this chapter or taking any other action under this article.

* 61.09(b) is deleted in its entirety.

* 61.11(f) is deleted in its entirety and replaced with the following:

(f) The granting of a permit under this section does not abrogate the department's authority under section 33.1-15-01-06 and subsection 9 of section 33.1-15-14-02, and subsection 6 of section 33.1-15-14-03.

* 61.16 is deleted in its entirety and replaced with the following:

Availability of information.

a. Emission data provided to, or otherwise obtained by, the department in accordance with the provisions of this chapter must be available to the public.

b. Any records, reports, or information, other than emission data, provided to, or otherwise obtained by, the department in accordance with the provisions of this chapter must be available to the public, except that upon a showing satisfactory to the department by any person that such records, reports, or information, or particular part thereof (other than emission data), if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the department will consider such records, reports, or information, or particular part thereof, confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such records, reports, or information, or particular part thereof, may be disclosed to other officers, employees, or authorized representatives of the state and federal government concerned with carrying out the provisions of North Dakota Century Code chapter 23.1-06 or when relevant in any proceeding under North Dakota Century Code chapter 23.1-06.

* 61.17 is deleted in its entirety.

Subpart G - [Reserved].

Subpart J - National emission standard for equipment leaks (fugitive emission sources) of benzene.

Subpart S - [Reserved].

Subpart U - [Reserved].

Subpart V - National emission standard for equipment leaks (fugitive emission sources).

Subpart FF - National emission standard for benzene waste operations.

Appendix A - National emission standards for hazardous air pollutants, compliance status information.

Appendix B - Test methods.

Appendix C - Quality assurance procedures.

N.D. Admin Code 33.1-15-13-01.2

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-06-04, 23.1-06-08; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-06-04, 23.1-06-08; S.L. 2017, ch. 199, § 21