# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-03 — Restriction of Emission of Visible Air Contaminants

### § 33.1-15-03-01. Restrictions applicable to existing installations.

No person may discharge into the ambient air from any single source of emission whatsoever, with
the exception of existing incinerators, any air contaminant which exhibits an opacity greater than
forty percent except that a maximum of sixty percent opacity shall be permissible for not more than
one six-minute period per hour. Provided, however:
1. In consideration of public health and welfare, when it becomes both technically and
economically feasible, the source shall comply with visible air contaminant restrictions as
outlined in section 33.1-15-03-02 when directed by the department.
2. Any existing source which has installed control technology capable of complying with the
visible air contaminant restrictions applicable to new installations shall comply with section
3. If any party is aggrieved by the department's decision as referenced in subsections 1 and 2,
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 section 33.1-15-03-02 are not effective until ordered by the
department at the conclusion of the hearing process.
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
### § 33.1-15-03-02. Restrictions applicable to new installations and all incinerators.

No person may discharge into the ambient air from any single source of emission whatsoever any
air contaminant which exhibits an opacity greater than twenty percent except that a maximum of
forty percent opacity is permissible for not more than one six-minute period per hour.
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
### § 33.1-15-03-03. Restrictions applicable to fugitive emissions.

No person may discharge into the ambient air from any source of fugitive emissions, as determined
or identified by the department, any air contaminant which exhibits an opacity greater than forty percent
for more than one six-minute period per hour. Such visible emissions shall have been visibly
transported off the property of emission origination and remains visible to an observer positioned off
said property when sighting along a line which does not cross the property of emission origination.
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

### § 33.1-15-03-03.1. Restrictions applicable to flares.

No person may discharge into the ambient air from any single source of emission whatsoever any
air contaminant which exhibits an opacity greater than twenty percent except that a maximum of
sixty percent opacity is permissible for not more than one six-minute period per hour.
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
### § 33.1-15-03-04. Exceptions.

The provisions of sections 33.1-15-03-01, 33.1-15-03-02, 33.1-15-03-03, and 33.1-15-03-03.1 shall
not apply in the following circumstances:
1. Where the presence of uncombined water is the only reason for failure of an emission to meet
the requirements.
2. When smoke is emitted for the purpose of training or research when approved by the
department, including training schools for firefighting personnel.
3. [Reserved].
4. [Reserved].
5. Where fugitive emissions are caused by agricultural activities related to the normal operations
of a farm. However, agricultural practices such as tilling of land, application of fertilizers,
harvesting of crops, and other activities shall be managed in such a manner as to minimize
dust from becoming airborne.
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
### § 33.1-15-03-05. Method of measurement.

1. Method 9. Compliance with visible emission standards in chapter 33.1-15-03 shall be
determined by conducting observations in accordance with Reference Method 9 of Appendix A
to chapter 33.1-15-12. Per hour for Reference Method 9 means any contiguous sixty-minute
time period. When Reference Method 9 opacity readings are not available, continuous opacity
monitors may be substituted. Per hour for monitors means any sixty-minute period
commencing on the hour. The results of continuous monitoring by transmissometer, which
indicate that the opacity at the time visible emissions were taken, were not in excess of the
standard, are probative but not conclusive evidence of the actual opacity of an emission;
provided, that the source shall meet the burden of proving that the instrument used meets (at
the time of the alleged violation) Performance Specification 1 in Appendix B, has been
properly maintained and (at the time of the alleged violation) calibrated, and that the resulting
data have not been tampered with in any way.
2. Method 22. When a visible emissions limit is specified in a permit issued in accordance with
this article as zero percent opacity except for a certain frequency, compliance shall be
determined using Reference Method 22 of Appendix A to chapter 33.1-15-12.
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
