# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-12 — Standards of Performance for New Stationary Sources

### § 33.1-15-12-01. [Reserved].

### § 33.1-15-12-01.1. Scope.

Except as noted below the title of the subpart, the subparts and appendices of title 40, Code of
Federal Regulations, part 60, as they exist on July 1, 2019, which are listed under section
performance are listed below the title of the standard. Reference to part 60 within the subparts means
this chapter.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
### § 33.1-15-12-02. Standards of performance.

Subpart A - General provisions.
*60.2. 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
or the administrator's authorized representative.
Subpart C - Emission guidelines and compliance times.
Subpart Cc - Emissions guidelines and compliance times for municipal solid waste landfills.
Designated facilities to which this subpart applies shall comply with the requirements for state
plan approval in 40 CFR parts 60.33c, 60.34c, and 60.35c, except that quarterly surface
monitoring for methane under part 60.34c shall only be required during the second, third, and
fourth quarters of the calendar year.
Designated facilities under this subpart shall:
1. Submit a final control plan for department review and approval within twelve months of
the date of the United States environmental protection agency's approval of this rule, or
within twelve months of becoming subject to this rule, whichever occurs later.
2. Award contracts for control systems/process modification within twenty-four months of
the date of the United States environmental protection agency's approval of this rule, or
within twenty-four months of becoming subject to the rule, whichever occurs later.
3. Initiate onsite construction or installation of the air pollution control device or process
changes within twenty-seven months of the date of the United States environmental
protection agency's approval of this rule, or within twenty-seven months of becoming
subject to the rule, whichever occurs later.

4. Complete onsite construction or installation of the air pollution control device or devices
or process changes within twenty-nine months of the United States environmental
protection agency's approval of this rule, or within twenty-nine months of becoming
subject to the rule, whichever is later.
5. Conduct the initial performance test within one hundred eighty days of the installation of
the collection and control equipment. A notice of intent to conduct the performance test
must be submitted to the department at least thirty days prior to the test.
6. Be in final compliance within thirty months of the United States environmental protection
agency's approval of this rule, or within thirty months of becoming subject to the rule,
whichever is later.
Subpart Cf - Emission guidelines and compliance times for municipal solid waste landfills
For purposes of this subpart, a state plan implementing subpart Cc of this part means the North
Dakota section 111(d) plan for municipal solid waste landfills that implements the requirements of
subpart Cc of this chapter.
*60.30f(a) is deleted.
*60.30f(b) is deleted.
*60.30f(c) - The first sentence is deleted and replaced with the following:
The following authorities will be retained by the United States environmental protection
agency.
60.31f(c) is deleted and replaced with the following:
(c) For purposes of obtaining a title V permit to operate, the owner or operator of a municipal
solid waste landfill subject to this subpart with a design capacity less than 2.5 million
megagrams or 2.5 million cubic meters is not subject to the requirements to obtain a title V
permit to operate under section 33.1-15-14-06 unless the landfill is otherwise subject to
section 33.1-15-14-06. For submitting a timely application for a title V permit to operate, the
owner or operator of a municipal solid waste landfill subject to this subpart with a design
capacity greater than 2.5 million megagrams and 2.5 million cubic meters on the effective date
of the United States environmental protection agency’s approval of North Dakota’s plan under
section 111(d) of the federal clean air act, and not otherwise subject to the requirements of
section 33.1-15-14-06, becomes subject to the requirements of subparagraph
33.1-15-14-06.4.a(1)(a) ninety days after the effective date of such section111(d) approval,
even if the design capacity report is submitted earlier.
60.31f(d) - The first sentence is deleted and replaced with the following:
(d) When a municipal solid waste landfill subject to this subpart is closed as defined in this
subpart, the owner or operator is no longer subject to the requirement to maintain a title v
permit to operate under section 33.1-15-14-06 for the landfill if the landfill is not otherwise
subject to the requirements of section 33.1-15-14-06 and either of the following are met:
*60.33f(a) - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill subject to the provisions of this
subpart and having a design capacity greater than or equal to 2.5 million megagrams by mass
and 2.5 million cubic meters by volume shall collect and control municipal solid waste landfill
emissions at each municipal solid waste landfill that meets the following conditions:

*60.33f(b) - The first sentence is deleted and replaced by the following:
Each owner or operator of a municipal solid waste landfill shall install a gas collection and
control system which meets the requirements in paragraph(b)(1) through (3) and (c) of this
section at each municipal solid waste landfill meeting the conditions in paragraph (a) of this
section.
*60.33f(c) - The first sentence is deleted and replace with the following:
Each owner or operator of a municipal solid waste landfill subject to the provisions for the
control of the gas collected from within the landfill through the use of control devices shall
comply with the following requirements, except as provided in section 60.24.
*60.33f(d) - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill having a design capacity less than
2.5 million megagrams by mass or 2.5 million cubic meters by volume shall submit an initial
design capacity report to the department as provided in section 60.38f(a).
*60.33f(e) - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill having a design capacity equal to or
greater than 2.5 million megagrams and 2.5 million cubic meters shall either install a collection
and control system as provided in paragraphs (b) and (c) of this section or calculate an initial
nonmethane organic compounds emission rate for the landfill using the procedures specified
in section 60.35f(a).
*60.34f - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill subject to provisions of this subpart
shall comply with the applicable provisions of the operational standards in this section for a
municipal solid waste landfill with a gas collection and control system used to comply with the
provisions of section 60.33f(b) and (c).
*60.35f -The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill subject to the provisions of this
subpart shall comply with the applicable provisions in this section to calculate the landfill
nonmethane organic compounds emission rate or to conduct a surface emission monitoring
demonstration.
Other methods for determining the NMOC concentration or site-specific methane generation
constant must be approved by the environmental protection agency administrator.
*60.36f - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill that is subject to the provisions of
this subpart shall comply with the applicable compliance provisions in this section.
*60.37f - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill that is subject to the provisions of
this subpart shall comply with the applicable monitoring provisions in this section, except as
provided in 60.38f(d)(2).
*60.38f - The first sentence is deleted and replaced with the following:

Each owner or operator of a municipal solid waste landfill that is subject to the provisions of
this subpart shall comply with the reporting provisions listed in this section, as applicable,
except as provided by section 60.24 and 60.38f(d)(2).
*60.38f(a)(2) - In this subparagraph, administrator means the administrator of the United
States environmental protection agency or the administrator's authorized representative.
*60.38f(d) - The first sentence is deleted and replaced with the following:
The department shall review and approve the site-specific design plan for each gas collection
and control system as outlined in the 111(d) plan for municipal solid waste landfills subject to
the provisions of this subpart.
*60.39f - The first sentence is deleted and replaced with the following:
Each owner or operator of a municipal solid waste landfill that is subject to the provisions of
this subpart shall comply with the applicable recordkeeping provisions in this section.
*60.40f - The first sentence is deleted and replace by the following:
Each owner or operator of a municipal solid waste landfill that is subject to the provisions of
this subpart and required to install an active collection system shall comply with the applicable
specifications for active collection systems in this section.
*60.41f - 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, the
administrator means the administrator of the United States environmental protection agency
or the administrator's authorized representative.
Subpart D - Standards of performance for fossil-fuel fired steam generators for which construction
is commenced after August 17, 1971.
Subpart Da - Standards of performance for electric utility steam generating units for which
construction is commenced after September 18, 1978.
*The limits and other requirements for mercury are deleted.
Subpart Db - Standards of performance for industrial-commercial-institutional steam generating
units.
Subpart Dc - Standards of performance for small industrial-commercial-institutional steam
generating units.
Subpart E - Standards of performance for incinerators.
Subpart Ea - Standards of performance for municipal waste combustors for which construction is
commenced after December 20, 1989, and on or before September 20, 1994.
Subpart Ec - Standards of performance for hospital/medical/infectious waste incinerators for which
construction is commenced after June 20, 1996.
Subpart F - Standards of performance for portland cement plants.
Subpart G - Standards of performance for nitric acid plants.
Subpart H - Standards of performance for sulfuric acid plants.

Subpart I - Standards of performance for hot mix asphalt facilities.
Subpart J - Standards of performance for petroleum refineries.
Subpart Ja - Standards of performance for petroleum refineries for which construction,
reconstruction, or modification commenced after May 14, 2007.
Those portions of the subpart that have been stayed are not adopted.
Subpart K - Standards of performance for storage vessels for petroleum liquids for which
construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19,
1978.
*60.110(c) is deleted in its entirety and replaced with the following:
(c) Any facility under part 60.110(a) that commenced construction, reconstruction, or
modification after July 1, 1970, and prior to May 19, 1978, is subject to the requirements
of this subpart.
Subpart Ka - Standards of performance for storage vessels for petroleum liquids for which
construction, reconstruction, or modification commenced after May 18, 1978, and prior to July 23,
1984.
Subpart Kb - Standards of performance for volatile organic liquid storage vessels (including
petroleum liquid storage vessels) for which construction, reconstruction, or modification
commenced after July 23, 1984.
Subpart O - Standards of performance for sewage treatment plants.
Subpart T - Standards of performance for the phosphate fertilizer industry: wet-process phosphoric
acid plants.
Subpart U - Standards of performance for the phosphate fertilizer industry: superphosphoric acid
plants.
Subpart V - Standards of performance for the phosphate fertilizer industry: diammonium phosphate
plants.
Subpart W - Standards of performance for the phosphate fertilizer industry: triple superphosphate
plants.
Subpart X - Standards of performance for the phosphate fertilizer industry: granular triple
superphosphate storage facilities.
Subpart Y - Standards of performance for coal preparation plants.
Subpart Z - Standards of performance for ferroalloy production facilities.
Subpart AA - Standards of performance for steel plants: electric arc furnaces: constructed after
October 21, 1974, and before August 17, 1983.
Subpart AAa - Standards of performance for steel plants: electric arc furnaces and argon-oxygen
decarburization vessels constructed after August 17, 1983.
Subpart CC - Standards of performance for glass manufacturing plants.
Subpart DD - Standards of performance for grain elevators.
Subpart EE - Standards of performance for surface coatings of metal furniture.

Subpart FF - [Reserved]
Subpart GG - Standards of performance for stationary gas turbines.
Subpart HH - Standards of performance for lime manufacturing plants.
Subpart KK - Standards of performance for lead-acid battery manufacturing plants.
Subpart LL - Standards of performance for metallic mineral processing plants.
Subpart MM - Standards of performance for automobile and light-duty truck surface coating
operations.
Subpart NN - Standards of performance for phosphate rock plants.
Subpart PP - Standards of performance for ammonium sulfate manufacture.
Subpart QQ - Standards of performance for the graphic arts industry: publication rotogravure
printing.
Subpart RR - Standards of performance for pressure-sensitive tape and label surface coating
operations.
Subpart SS - Standards of performance for industrial surface coating: large appliances.
Subpart TT - Standards of performance for metal coil surface coating.
Subpart UU - Standards of performance for asphalt processing and asphalt roofing manufacture.
Subpart VV - Standards of performance for equipment leaks of volatile organic compound (VOC)
emissions in the synthetic organic chemicals manufacturing industry.
Subpart VVa - Standards of performance for equipment leaks of VOC in the synthetic organic
chemicals manufacturing industry for which construction, reconstruction, or modification
commenced after November 7, 2006.
Subpart WW - Standards of performance for the beverage can surface coating industry.
Subpart XX - Standards of performance for bulk gasoline terminals.
Subpart AAA - Standards of performance for new residential wood heaters.
Subpart BBB - Standards of performance for the rubber tire manufacturing industry.
Subpart CCC - [Reserved]
Subpart DDD - Standards of performance for volatile organic compound (VOC) emissions for the
polymer manufacturing industry.
Subpart EEE - [Reserved]
Subpart FFF - Standards of performance for flexible vinyl and urethane coating and printing.
Subpart GGG - Standards of performance for equipment leaks of volatile organic compound (VOC)
emissions in petroleum refineries.
Subpart GGGa - Standards of performance for equipment leaks of VOC in petroleum refineries for
which construction, reconstruction, or modification commenced after November 7, 2006.
Those portions of the subpart that are stayed are not adopted.

Subpart HHH - Standards of performance for synthetic fiber production facilities.
Subpart III - Standards of performance for volatile organic compound (VOC) emissions from the
synthetic organic chemical manufacturing industry (SOCMI) air oxidation unit processes.
Subpart JJJ - Standards of performance for petroleum drycleaners.
Subpart KKK - Standards of performance for equipment leaks of volatile organic compound (VOC)
emissions from onshore natural gas processing plants.
Subpart LLL - Standards of performance for onshore natural gas processing; SO emissions.
Subpart MMM - [Reserved]
Subpart NNN - Standards of performance for volatile organic compound (VOC) emissions from
synthetic organic chemical manufacturing industry (SOCMI) distillation operations.
Subpart OOO - Standards of performance for nonmetallic mineral processing plants.
Subpart PPP - Standards of performance for wool fiberglass insulation manufacturing plants.
Subpart QQQ - Standards of performance for volatile organic compound (VOC) emissions from
petroleum refinery wastewater systems.
Subpart RRR - Standards of performance for volatile organic compound (VOC) emissions from
synthetic organic chemical manufacturing industry (SOCMI) reactor processes.
Subpart SSS - Standards of performance for magnetic tape coating facilities.
Subpart TTT - Standards of performance for industrial surface coating: surface coating of plastic
parts for business machines.
Subpart UUU - Standards of performance for calciners and dryers in mineral industries.
Subpart VVV - Standards of performance for polymetric coating of supporting substrates facilities.
Subpart WWW - Standards of performance for municipal solid waste landfills.
Subpart XXX - Standards of performance for municipal solid waste landfills that commenced
construction, reconstruction, or modification after July 17, 2014.
Subpart AAAA - Standards of performance for small municipal waste combustion units for which
construction is commenced after August 30, 1999, or for which modification or reconstruction is
commenced after June 6, 2001.
Subpart CCCC - Standards of performance for commercial and industrial solid waste incineration
units.
Subpart DDDD - Emission guidelines and compliance times for commercial and industrial solid
waste incineration units.
Except as provided below, designated facilities to which this rule applies shall comply with 40 CFR
60.2575 through 60.2875, including tables 1 through 9.
In the rule, you means the owner or operator of a commercial or industrial solid waste incineration
unit.
Table 1 of the rule is deleted and replaced with the following:

Table 1 to Subpart DDDD - Model Rule
Increments of Progress and Compliance Schedules
CISWI Units That Commenced Construction on or Before November 30, 1999
Comply with these increments of progress By these dates
Final compliance Three years after EPA approval of the state plan or
December 1, 2005, whichever comes first.
Incinerator CISWI units that commenced construction after November 30, 1999, but no later than
June 4, 2010, or commenced modification or reconstruction after June 1, 2001, but no later than
August 7, 2013. CISWI units other than incinerator units that commenced construction on or
before June 4, 2010, or commenced modification or reconstruction after June 4, 2010, but no later
than August 7, 2013.
Comply with these increments of progress By these dates
Final compliance Three years after EPA approval of the state plan
or February 7, 2018, whichever comes first.
Subpart GGGG - [Reserved]
Subpart IIII - Standards of performance for stationary compression ignition internal combustion
engines.
Subpart JJJJ - Standards of performance for stationary sparks ignition internal combustion engines.
Subpart KKKK - Standards of performance for stationary combustion turbines.
Subpart OOOO - Standards of performance for crude oil and natural gas production, transmission,
and distribution for which construction, modification, or reconstruction commenced after August 23,
2011, and on or before September 18, 2015.
Subpart OOOOa - Standards of performance for crude oil and natural gas facilities for which
construction, modification, or reconstruction commenced after September 18, 2015.
Subpart TTTT - Standards of performance for greenhouse gas emissions for electric generating
units.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of emission rate changes.
Appendix D - Required emission inventory information.
Appendix E - [Reserved]
Appendix F - Quality assurance procedures.
Appendix I - Removable label and owner's manual.
History: Effective January 1, 2019; amended effective July 1, 2020.
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
