Air Quality Permitting

Air Pollution Control Permit to Construct

The Permit to Construct process provides for the review of proposed sources or proposed modifications to existing sources of air contaminants. A Permit to Construct is issued only if it is expected that the proposed source or modification will comply with the applicable rules.

A Permit to Construct is required for any new stationary source, or modification to an existing source, within a source category designated in Section 33-15-14-01. Sources that are exempt from obtaining a Permit to Construct are listed in Section 33-15-14-02.13.

No construction, installation or establishment of a new stationary source may commence unless the owner or operator has filed an application for and received a Permit to Construct in accordance with Chapter 33-15-14.

Construction, installation or establishment means:

1. For sources subject to a standard or requirement under chapters 33-15-13, 33-15-15 (excluding increment consumption by  non-major sources), and 33-15-22, it shall have the meaning given for construction in each of the respective chapters.
    

2. For all other sources it means the placement or erection - including fabrication, demolition or modification - of an air contaminant emissions unit and any equipment, process, or structure that will be used to reduce, physically or chemically change, or transmit to the atmosphere any air contaminant. This does not include the building that houses the source, site work, foundations or other equipment that does not affect the amount, ambient concentration or type of air contaminants that are emitted. With respect to a physical change or a change in the method of operation, it means those onsite activities which will affect an existing emissions unit or establishment of a new unit that emits to the atmosphere.

Application Process

1. The application forms are received by the Department and reviewed for completeness.
    

2. If the application is incomplete, the applicant will be notified of the deficiencies. If the application is complete, the technical review will begin.
    

3. After review, the Department will issue or deny the permit.
    

4. The Permit to Construct may include conditions for compliance testing, monitoring, recordkeeping and reporting. If the conditions of the permit to construct are satisfied, a Permit to Operate will be issued for the source. See Permit to Operate section.

Public Notification and Participation

A 30-day public comment period is required for:

1. Affected facilities under Chapter 33-15-13, Emission Standards for Hazardous Air Pollutants.
    

2. New sources that will be required to obtain a Permit to Operate under the Title V Permit Program.
    

3. Modifications to an existing facility that will increase the potential to emit from the facility by the following amounts:

• One hundred tons [90.72 metric tons] per year or more of particulate matter, sulfur dioxide, nitrogen oxides, hydrogen sulfide, carbon monoxide or volatile organic compounds; or
   

• Ten tons [9.07 metric tons] per year or more of any contaminant listed under section 112(b) of the Federal Clean Air Act; or
   

• Twenty-five tons [22.68 metric tons] per year or more of any combination of contaminants listed under section 112(b) of the Federal Clean Air Act; or

4. Sources that the Department has determined to have a major impact on air quality, a request for a public comment period has been received, a significant degree of public interest exists or those sources that request a federally enforceable permit which limits their potential to emit.

Because the permitting process can be very detailed and can include public participation, it can take from three months to one year to obtain a Permit to Construct. Therefore, plan to submit your application well before the proposed installation and start-up date of the source.

Fees are assessed in accordance with Section 33-15-23-02. A filing fee of $150 must be submitted with the permit application. An additional processing fee, based on processing costs that would exceed $150, will be billed to the applicant.

The owner or operator of the source that will be installed or modified is ultimately responsible for obtaining the permit to construct.

Standard permit application forms are available from the Division of Air Quality.

Click Here for Air Pollution Control Permit to Construct Application Forms.

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Craig Thorstenson.

A Permit to Operate is required for the routine operation of an installation or source designated in Section 33-15-14-01.  Those sources that received a Permit to Construct under Section 33-15-14-02 need to submit notification to the Department within 15 days after the date of initial startup to satisfy the requirement to apply for a Permit to Operate. The Permit to Operate is then issued after the conditions of the Permit to Construct have been satisfied. For those sources that were not issued a Permit to Construct (i.e., portable sources), an application for a Permit to Operate must be made on forms (same as the Permit to Construct application forms) supplied by the Department prior to initiating operations.  Click Here for Application Forms

1. Minor Source Permit To Operate - Sources that have the potential to emit less than 100 ton/yr of a criteria pollutant or less than 10 ton/yr of any hazardous air pollutant or less than 25 ton/yr of any combination of hazardous air pollutants.
    

2. Synthetic Minor Source Permit To Operate - Sources that have the potential to emit 100 ton/yr or greater of a criteria pollutant, 10 ton/yr or greater of any hazardous air pollutant, or 25 ton/yr or greater of any combination of hazardous air pollutants, and the permittee accepts a federally enforceable limit in the Permit to Operate that limits the potential to emit to the same criteria specified for a minor source.
    

3. General Permit to Operate - A general Permit to Operate may be issued to cover numerous similar sources (i.e. grain elevators).
    

4. Title V Permit to Operate - Sources that emit 100 ton/yr or greater of a criteria pollutant or 10 ton/yr of a hazardous air pollutant or 25 tons/yr or greater of any combination of hazardous air pollutants. In addition, any source in a source category designated by the administrator of the United States EPA also is required to obtain a Title V permit. Sources that require a Title IV Acid Rain Permit are issued the Title IV permit with the Title V Permit to Operate.

Important Note: Sources that have received a Permit to Construct and require a Title V Permit to Operate or Title V permit revision must file a complete Title V application within 12 months after commencing operation.  Click Here for Title IV and Title V Forms and Supporting Information

Public participation (30-day comment period) is required prior to issuing synthetic minor permits under the Minor Source Permit to Operate Program and Title V Permit to Operate Program. Title V Permits to Operate also require a 45-day review period by EPA.

Annual fees for a Permit to Operate are detailed in Chapter 33-15-23.

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or email Lew Dendy.