# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-05 — Emissions of Particulate Matter Restricted

Used for Indirect Heating
### § 33.1-15-05-01. Restriction of emission of particulate matter from industrial processes.

1. General provisions.
a. This section applies to any operation, process, or activity from which particulate matter is
emitted except the burning of fuel for indirect heating in which the products of combustion
do not come into direct contact with process materials, the burning of refuse, and the
processing of salvable material by burning.
b. The process weight rate per hour referred to in this section shall be based upon the
normal operation maximum capacity of the equipment, and if such normal maximum
capacity should be increased by process or equipment changes, the new normal
maximum capacity shall be used as the process weight in determining the allowable
emissions.
2. Emission limitations. No person shall cause, suffer, allow, or permit the emission of
particulate matter in any one hour from any source in excess of the amount shown in table 3
for the process weight allocated to such source.
a. Exceptions.
(1) [Reserved].
(2) The department may prescribe air quality control requirements that are more
restrictive and more extensive than provided in subsection 2 if the particulate matter
emitted is a radioactive, toxic, or deleterious substance which may affect human
health or well-being or that would cause significant damage to animal or plant life.
(3) Any existing emission source which has particulate collection equipment with a
collection efficiency of ninety-nine and seven-tenths percent or more by weight shall
be considered as meeting the provisions of subsection 2. The efficiency of the
particulate collection equipment shall be determined as outlined in section
being run at normal operation maximum capacity.
(4) Any portable emission source, not operated at the same premise for more than
six months, shall be considered as meeting the provisions of subsection 2 if the
source stack or stacks are equipped with particulate collection efficiency of
eighty-five percent or more by weight as determined in paragraph 3, and all of the
following conditions are met:
(a) The source must not be located within a city.
(b) The source must not be located within one-half mile [.80 kilometers] of any
occupied residence, and within one mile [1.61 kilometers] of the source there
shall be no more than two occupied residences.

(c) The source must not be located within one-quarter mile [.40 kilometers] of any
highway or public road.
b. Grievance procedure. If any party is aggrieved by the department's decision as
referenced in paragraph 2 of subdivision a, that party may request a hearing before the
department to review such decision. Such hearing must be conducted according to North
Dakota Century Code chapter 28-32. If a hearing is requested, the requirements of
paragraph 2 of subdivision a are not effective until ordered by the department at the
conclusion of the hearing process.
Table 3. Maximum Allowable Rates of Emission of
Particulate Matter from Industrial Processes
English Metric
Allowable
Process Weight Allowable Process Weight Emission
Rate Emission Rate Rate Rate
(p) (E) (p) (E)
tons/hr lb/hr metric tons/hr kg/hr
0.05 0.551 0.045 0.25
0.25 1.62 0.23 0.74
0.50 2.58 0.45 1.16
2.50 7.58 2.27 3.43
5.00 12.05 4.54 5.46
10.00 19.18 9.07 8.67
25.00 35.43 22.68 16.03
50.00 44.58 45.36 20.21
250.00 60.96 226.80 27.65
500.00 68.96 453.59 31.29
1,000.00 77.59 907.19 35.21
2,500.00 90.06 2,267.96 40.87
Interpolation of the data in this table for process weight rates up to 30 tons/hr [27.21 metric
tons/hr] shall be accomplished by the use of the equations:
E = 4.10 p0.67 (English units)
E = 1.98 p0.67 (Metric units)
and interpolation and extrapolation of the data for process weight rates in excess of 30 tons/hr
[27.21 metric tons/hr] shall be accomplished by the use of the equations:
E = 55.0 p0.11 -40 (English units)
E = 25.25 p0.11 -18.2 (Metric units)
where E = allowable emission rate in lb/hr [kg/hr] and p = process weight rate in tons/hr
[metric tons/hr].

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, 23.1-06-13; S.L. 2017, ch. 199, § 21
### § 33.1-15-05-02. Maximum allowable emission of particulate matter from fuel burning

equipment used for indirect heating.
1. General provisions.
a. This section applies to installations in which fuel is burned for the primary purpose of
producing steam, hot water, hot air, or other indirect heating of liquids, gases, or solids
and, in the course of doing so, the products of combustion do not come into direct
contact with process materials. Fuels include those such as coal, coke, lignite, coke
breeze, fuel oil, and wood but do not include refuse. When any products or byproducts of
a manufacturing process are burned for the same purpose or in conjunction with any fuel,
the same maximum emission limitations shall apply.
b. The maximum allowable particulate matter which may be emitted from fuel burning units
at a source is determined by the maximum or manufacturer's rated heat input of each
unit.
c. Fuel burning equipment that meets the applicability requirements of subdivision a in
which a gaseous fuel is burned alone or in combination with other gaseous fuels is
exempt from the emission limitations in subsection 2. Fuel burning equipment that burns
a gaseous fuel, or fuels, in combination with other fuels is subject to the emission
limitations in subsection 2.
2. Emission limitations.
a. Existing installations. No person shall cause or permit the emission of particulate matter,
caused by combustion of fuel in any existing fuel burning equipment, from any stack or
chimney in excess of eighty-hundredths pounds of particulates per million British thermal
units [344 nanograms per joule] heat input. Provided, however, as technology develops
for making new control equipment compatible, both technically and economically, with
present plants they shall comply with limitations on emissions of particulate matter from
fuel burning installations as outlined in subdivision b when directed by the department.
b. New installations. No person shall cause or permit the emission of particulate matter,
caused by the combustion of fuel in any new fuel burning equipment, from any stack or
chimney in excess of the quantity set forth in table 4.
c. Means shall be provided in all newly constructed units and wherever practicable in
existing units to allow the periodic measurement of fly ash and other particulate matter.
d. No person may burn or cause or permit the burning of refuse, including preservative
treated wood, in any installation which was designed for the sole purpose of burning fuel
unless approved by the department.
e. Existing or new installations, with a heat input of not more than ten million British thermal
units per hour and sources with multiple boilers with a total aggregate heat input of not
more than ten million British thermal units per hour, shall be exempt from the applicable
allowable emission rate set forth in subdivision a or in table 4, respectively. These
sources shall be subject to visible emission and ambient air quality standards.
f. Any new or existing source whose heat input is greater than two hundred fifty million
British thermal units per hour and is equipped with state-of-the-art control technology
capable of complying with the particulate emission limitations of subparagraph 1 of

paragraph a of section 60.42 of subpart D of chapter 33.1-15-12 [40 CFR 60.42(a)(1)]
shall comply with such limitations when directed by the department.
g. If any party is aggrieved by the department's decision as referenced in subdivision a or f,
that party may request a hearing before the department to review such decision. Such
hearing must be conducted according to North Dakota Century Code chapter 28-32. If a
hearing is requested, the emission limitations as referenced in subdivision a or f
(whichever is applicable) are not effective until ordered by the department at the
conclusion of the hearing process.
Table 4. Maximum Allowable Rates of Emission of
Particulate Matter from New
Fuel Burning Equipment
Allowable Allowable
Emission Emission
Heat Input Rate Heat Input Rate
lb/106
106 Btu/hr Btu joules/hr nanogram/joule
10 or less 0.600 1.05 x 1010 258
20 0.548 2.11 x 1010 235
30 0.519 3.16 x 1010 224
40 0.500 4.22 x 1010 215
50 0.486 5.27 x 1010 209
100 0.444 1.05 x 1011 191
150 0.421 1.58 x 1011 181
200 0.405 2.11 x 1011 174
250 0.394 2.64 x 1011 169
Interpolation and extrapolation of the data in this table shall be accomplished by the use of
equations:
E = 0.811 H-0.131 (English units)
E = 5,307 H-0.131 (Metric units)
where E = allowable emission rate in lb/million Btu of heat input [nanogram/joule] and H = heat
input in millions of Btu/hr [joules/hr].
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, 23.1-06-13; S.L. 2017, ch. 199, § 21
### § 33.1-15-05-03. Refuse incinerators.

1. Applicability.

a. The owner or operator of an incinerator of any design capacity for refuse, except trash
and refuse derived fuel, must comply with 40 CFR part 60, subpart Ea, which is
incorporated by reference in chapter 33.1-15-12.
b. Beginning August 1, 1996, no owner or operator of an incinerator for refuse may
incinerate materials of any type or form which are recyclable, unless the owner
demonstrates to the department that recycling for a waste material is not reasonably
available. Documents subject to state or federal privacy regulations may be incinerated
when no other acceptable method of disposal is reasonably available.
c. Beginning August 1, 1997, each existing incinerator for trash must meet the same
standards as a new incinerator for trash.
d. As used in this section, "new incinerator" means an incinerator, the construction for which
has not been approved by the department prior to August 1, 1995.
2. Existing trash incinerators. This subsection applies to any owner or operator of an
incinerator for trash of any design capacity existing on August 1, 1995.
a. Prohibited waste. No infectious waste, radioactive waste, hazardous waste, special
waste, industrial waste, or any other solid waste may be burned in an incinerator
designed for trash unless the incinerator's performance, design, and operating standards
for those solid wastes are also met.
b. Operator training. The owner or operator of an incinerator for trash shall provide both
written and oral instructions for each operator in the proper operation of the incinerator.
c. Recordkeeping and reporting.
(1) The owner or operator of an incinerator for trash shall keep a log indicating the
dates and approximate quantities of waste received from an onsite source, and from
each offsite source, including the transporter. The log shall be kept and maintained
for a minimum period of three years from the date waste is received.
(2) An owner or operator of an incinerator for trash shall record in the log any
operational error or failure of one-hour or more duration of combustion equipment,
emission control equipment, waste charging equipment, or monitoring equipment.
(3) When requested by the department, the owner or operator of an incinerator for trash
shall provide a summary of the daily burning and hours of operation.
3. New trash incinerators. In addition to subsection 2, this subsection applies to an owner or
operator of a new incinerator for trash.
a. Design. Each new incinerator for trash must be equipped with a primary combustion
chamber or zone which provides complete combustion of solid waste and a secondary
combustion chamber or zone which provides turbulent mixing. Auxiliary fuel burners are
required in all chambers. The department may approve an alternate design provided the
design achieves the performance requirements of this section.
b. Opacity. No owner or operator of a new incinerator for trash may allow to be discharged
into the atmosphere any air contaminant which exhibits an opacity greater than
ten percent except that a maximum of twenty percent opacity is permissible for not more
than one 6-minute period per hour.
c. Operating temperature. Each new incinerator for trash shall maintain the flue gas
temperature in the secondary combustion chamber or zone at one thousand five hundred

degrees Fahrenheit [815 degrees Celsius] or greater for a minimum of one-half-second
retention time.
d. Monitoring. Each new incinerator for trash shall be equipped with a continuous
temperature monitor, with readout, to monitor the temperature of the gases exiting the
secondary combustion chamber or zone.
e. Stack height. Each new incinerator for trash shall be equipped with a stack for the
discharge of flue gases of sufficient height to prevent ambient concentrations of air
contaminants greater than allowed by chapter 33.1-15-02. The minimum stack height is
forty feet [12.2 meters] unless it is demonstrated that a stack height less than forty feet
[12.2 meters] will meet the standards of chapter 33.1-15-02. The department may require
taller stacks when it is necessary to meet the standards of chapter 33.1-15-02.
f. Waste charging.
(1) The waste charging system for a new incinerator for trash must be designed to
prevent disruption of the combustion process as waste is charged.
(2) The waste charging system must be designed to prevent overcharging to assure
complete combustion. No owner or operator may cause an incinerator for trash to
operate at a load greater than one hundred percent of design capacity.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-08, 23.1-06-09; S.L. 2017, ch. 199, § 21
### § 33.1-15-05-03.1. Other waste incinerators.

1. Salvage incinerators. The department may require construction, operational, and
recordkeeping standards and procedures for salvage incinerators. No industrial waste,
radioactive waste, hazardous waste, or infectious waste may be burned in a salvage
incinerator, unless specifically approved by the department.
2. Air curtain destructors. The department may require construction, operational, and
recordkeeping standards and procedures for air curtain destructors based upon factors such
as characteristics and quantities of materials to be destroyed by burning and site location.
3. Industrial waste and special waste incinerators. The department may require construction,
operational, emission, monitoring, recordkeeping, and reporting standards and procedures for
incinerators of industrial waste based upon factors such as characteristics and quantities of
the industrial waste and site location.
4. Crematoriums.
a. No owner or operator of combustion units operated as a human or animal crematorium or
in an animal farm operation for animal disposal may burn any other type or form of
materials or solid waste unless specifically approved by the department.
b. No owner or operator of a crematorium may allow to be discharged into the atmosphere
any air contaminant, which exhibits an opacity greater than ten percent except that a
maximum of twenty percent is permissible for not more than one 6-minute period per
hour.
c. A crematorium constructed and operated after August 1, 1995, must be equipped with
two or more chambers and with auxiliary fuel burners, designed to assure a temperature

in a secondary chamber of at least one thousand six hundred degrees Fahrenheit
[871 degrees Celsius] for a minimum of one-second retention time.
d. Monitoring. Each new crematorium must be equipped with a continuous temperature
monitor, with readout, to monitor the temperature of the gases exiting the secondary
combustion chamber or zone. Each human crematorium installed or reinstalled after
September 1, 2002, must be equipped with a temperature recorder.
e. Charging. A crematorium must be charged in accordance with the manufacturer's
procedures or recommendations. Deviations from these procedures or recommendations
are allowed provided credible evidence has been submitted to the department that
indicates the deviations will reduce air contaminant emissions. Such evidence shall be
provided prior to implementation of the deviations.
f. Operation. Operators of human crematoriums shall be trained in the proper operation of
the unit. A copy of the operation and maintenance manual for the unit shall be available
onsite. A trained crematorium operator must be onsite at a human crematorium while the
cremation process is taking place.
g. General. The department may establish additional construction, operational, emission,
monitoring, recordkeeping, and reporting standards and procedures for crematoriums
based upon factors such as quantities of material charged, emissions, and site location.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-08, 23.1-06-09; S.L. 2017, ch. 199, § 21
### § 33.1-15-05-04. Methods of measurement.

1. The reference methods in appendix A to chapter 33.1-15-12, its replacement or other
methods, as approved by the department shall be used to determine compliance with sections
a. Method 1 for selection of sampling site and sample traverses.
b. Method 2 for determination of stack gas velocity and volumetric flow rate.
c. Method 3 for gas analysis.
d. Method 4 for determination of moisture in the stack gas.
e. Method 5 for concentration of particulate matter and the associated moisture content.
The sampling time for each run shall be at least sixty minutes and the minimum sampling
volume shall be thirty dry cubic feet at standard conditions [0.85 dry cubic meter at
standard conditions] except that smaller sampling times or volumes when necessitated
by process variables or other factors may be approved by the department.
(1) For each run using method 5 for fuel burning equipment, the emissions expressed
in pounds per million British thermal units [nanograms per joule] shall be determined
by the following procedures:
E = CF ( 20.9 ) or E = CF ( 100 )
d c
20.9 - %O %CO
2 2
where:

(a) E = pollutant emission, lb/million Btu [ng/j].
(b) C = pollutant concentration, lb/dscf [ng/dscm].
(c) %O = oxygen content by volume, dry basis.
(d) %CO = carbon dioxide content by volume, dry basis.
The percent oxygen and percent carbon dioxide shall be determined by using
the integrated or grab sampling and analysis procedures of method 3, 3A, 3B,
or 3C, as appropriate, by traversing the duct at the same sampling locations
used for each run of method 5.
(e) F and F = factors as listed in method 19 appendix A of chapter 33.1-15-12.
d c
(2) For each run using method 5 for industrial processes, the emission rate expressed
in pounds per hour shall be determined by the equation lb/hr = (Q ) (c) where:
s
Q = volumetric flow rate of the total effluent in dscf/hr and
s
c = particulate concentration in lb/dscf.
2. The heat content of fuels shall be determined in accordance with A.S.T.M. methods
D2015-66(72) (solid fuels), D240-64(73) (liquid fuels), or D1826-64(70) (gaseous fuels), as
applicable.
3. The determination of particulate matter emissions with an aerodynamic diameter less than or
equal to ten micrometers [PM ] and particulate matter emissions with an aerodynamic
diameter less than or equal to two and one-half micrometers [PM ] must be made in
2.5
accordance with the methods established in 40 Code of Federal Regulations part 51,
appendix M, as applicable.
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
