# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-07 — Control of Organic Compounds Emissions

### § 33.1-15-07-01. Requirements for construction of organic compounds facilities.

1. Scope. This section applies only to those facilities considered "new" as defined in section
33.1-15-01-04.
2. Water separation from petroleum products. No person may build or install any single or
multiple compartment volatile organic compounds - water separator which normally receives
effluent water containing two hundred gallons [757.08 liters] per day or more of any volatile
organic liquid from any equipment processing, refining, treating, storing, or handling volatile
organic compounds unless such compartment is equipped with a closed-vent system and
control device as defined in 40 CFR, part 60, subpart QQQ, section 60.691, as adopted in
chapter 33.1-15-12, or a floating roof as described in 40 CFR, part 60, subpart QQQ, section
60.693-2, as adopted in chapter 33.1-15-12, which is properly installed and in good working
order. For the purposes of this section, a volatile organic compounds - water separator means
a device used to separate an oil water mixture into its separate components, which include
volatile organic compounds and water, by gravity separation and skimming.
3. Submerged fill pipes required. No person may build or install or permit the building or
installation of a stationary volatile organic compounds storage tank with a capacity of one
thousand gallons [3,785.41 liters] or more unless such tank is equipped with a submerged fill
pipe during filling operations or is a pressure tank as described in 40 CFR, part 60, subpart K,
subparagraph 60.111(a)(1), as adopted in chapter 33.1-15-12, or fitted with a vapor recovery
system also defined in 40 CFR, part 60, subpart K, paragraph 60.111(k), as adopted in
chapter 33.1-15-12.
4. Volatile organic compounds loading facilities. No person may build or install or permit the
building or installation of volatile organic compounds tank car or tank truck loading facilities
handling twenty thousand gallons [75,708.24 liters] per day or more unless such facilities are
operated with a submerged filling arm or other vapor emission control system. Any emissions
control system utilized must have a minimum control efficiency necessary to meet the
requirements of chapters 33.1-15-02 and 33.1-15-16.
5. Pumps and compressors. All rotating pumps and compressors handling volatile organic
compounds must be equipped and operated with properly maintained seals designed for their
specific product service and operating conditions.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21
### § 33.1-15-07-02. Requirements for organic compounds gas disposal.

1. No person may cause or permit the emission of organic compounds gases and vapors, except
from an emergency vapor blowdown system or emergency relief system, unless these gases
and vapors are burned by flares, or an equally effective control device as approved by the
department. Minor sources, as determined by the department and not subject to New Source
Performance Standards (NSPS), may be granted exemptions to this subsection.

2. Organic compounds gases and vapors which are generated as wastes as the result of
storage, refining, or processing operations and which contain hydrogen sulfide, shall be
incinerated, flared, or treated in an equally effective manner before being released to the
ambient air. The emissions from all devices designed for incinerating, flaring, or treating waste
organic compounds gases and vapors shall result in compliance with chapters 33.1-15-02 and
33.1-15-16.
3. Each flare required under this section must be equipped and operated with an automatic
igniter or a continuous burning pilot.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21
