Permitting

To control emissions and protect the air quality of North Dakota, the Department utilizes a permit program to evaluate new construction projects for their impact to air quality. Once a permit to construct is issued, the facility may be build and once it is completed the Permit to Operate program ensures that the facility stays in compliance with air rules.


Air Permitting Program Process

A facility must first submit an application for a construction permit (PTC) for any source required under NDAC 33-15-14. When the permit application is received by the department it will be reviewed for completeness. Once a completed application is received, staff review the equipment and operation processes to verify that the facility will be constructed per applicable State and Federal regulations. If it is expected that the facility will adhere to all applicable rules then a Permit to Construct (PTC) is issued.

Once a facility has been constructed, the Department will inspect it to verify that the facility was constructed per the issued PTC. If the facility is in compliance with the PTC an operating permit (PTO) may be issued to the permittee. The PTO states reporting, testing, and record-keeping requirements that apply to the facility; to assist facility in operating in compliance and helps identify any non-compliance issues.


Potential To Emit Limits

What type of permit a facility falls under is determined in part by the facility's potential to emit for the seven criteria pollutants and amount of hazardous air pollutant (HAPs). Permits fall into two groups: minor sources and major (Title V) sources. Within minor sources are true minor sources with no federally enforceable limits and synthetic minor sources where a source accepts a federally enforceable operating limit to stay under major source limits.

Permit Type Criteria Air
Pollutant
Limit 1
Combined
Hazardous
Air Pollutant
(HAP) Limit 2
Single
HAP Limit
Federally
Enforceable
Limits (Y/N)
Minor Source <100 tons/yr < 25 tons/yr < 10 tons/yr No
Synthetic Minor Source 3 <100 tons/yr < 25 tons/yr < 10 tons/yr Yes
Major (Title V) Source 4 ≥100 tons/yr ≥ 25 tons/yr ≥ 10 tons/yr Yes
PSD Major (Title V) Source 4 ≥250 tons/yr ≥ 25 tons/yr ≥ 10 tons/yr Yes

    1Criteria Pollutant Criteria Air Pollutant limit applies to each individual pollutant and is not a combined total amount.

    2 List of Hazardous Air Pollutants

    3 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.

    4 In addition, some sources will require a Title V permit because of applicability under the Prevention of Significant Deterioration (PSD) program; PSD levels apply to construction permits not to operating permits. Sources (electric generating units) that require a Title IV Acid Rain Permit as part of their Title V Permit to Operate.


Public Comment, EPA Review, & Affected State Requirements

Permits to Construct and Permits to Operate may require public comment periods, EPA review, and/or affected state review prior to issuance. These requirements depend on the type of permit to be issued. For any permit that requires publication in a newspaper, the newspaper refers to the newspaper of record of the county in which the facility is located. All permits subject to public comment period will be posted on the Department of Health website under Public Comments & Notices.

Permit Type 30-Day Public Comment Required
Major Source
Initial Issue
Yes (newspaper & website)
Synthetic Minor
Initial Issue
Yes (website)
True Minor or Minor by Rule1
Initial Issue
No
Modification of Issued PTC1 See NDAC 33-15-14-02.6 for public comment modification rules.

1 A public comment period may be required if there is a significant level of public interest or if a public comment period has been requested by the permittee or the public.


A 30-day public comment period is required for PTCs which are:

    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 (PM, PM10 PM2.5), sulfur dioxide (SO2), nitrogen oxides (NOx), hydrogen sulfide (H2S), carbon monoxide (CO) or volatile organic compounds (VOCs); 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

    1. Sources that the Department has determined to have a major impact on air quality, sources that have received a request for a public comment period from the public, a source with a significant degree of public interest, or those sources that request a federally enforceable permit which limits their potential to emit (i.e. synthetic minor permits).


Permit Type 30-Day Public Comment Required 45-Day EPA Review 1
(Subsequent to Public Comment)
30-Day EPA Review 1
(Concurrent with Public Comment)
30-Day Affected State Review
(if ≤ 50 miles)
Initial Issue Yes (website) No Yes No
Renewal Yes (website) No Yes No
Revision Yes (website) No Yes No

1 The Department shall send a copy of the permit application with the draft permit for all EPA reviews, with the exception of Title V renewals, where the permittee is responsible for submitting a copy of the application to the EPA.


Permit Type 30-Day Public Comment Required 1 45-Day EPA Review
(Subsequent to Public Comment)
30-Day EPA Review
(Concurrent with Public Comment)
30-Day Affected State Review
(if ≤ 50 miles)
Initial Issue No No No No
Renewal No No No No
Revision No No No No

1 A public comment period may be required if there is a significant level of public interest or if a public comment period has been requested by the permittee or the public.



Forms


Last Updated: 05/20/2015

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