# Title 33.1 — Department of Environmental Quality

## Article 33.1-15 — Air Pollution Control

## Chapter 33.1-15-11 — Prevention of Air Pollution Emergency Episodes

### § 33.1-15-11-01. Air pollution emergency.

This chapter is designed to prevent the excessive buildup of air contaminants during air pollution
episodes, thereby preventing the occurrence of an emergency due to the effects of these air
contaminants on human health.
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
### § 33.1-15-11-02. Air pollution episode criteria.

Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution
emergency shall be deemed to exist whenever the department determines that the accumulation of air
contaminants in any place within North Dakota is attaining or has attained levels which could, if such
levels are sustained or exceeded, lead to a substantial threat to human health. In making this
determination, the department will be guided by the criteria listed in table 6.
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
### § 33.1-15-11-03. Abatement strategies emission reduction plans.

1. When the department declares an air pollution alert, air pollution warning, or air pollution
emergency, any person responsible for the operation of a source of air contaminants as set
forth in table 7 shall take all actions as required by table 7 for such source of air contaminants
for the level declared and shall put into effect the preplanned abatement strategies plan for the
level declared. The department shall notify the public by means of a public announcement
whenever an air pollution alert, air pollution warning, or air pollution emergency has been
determined to exist.
2. When the department determines that a specified criteria level has been reached at one or
more monitoring sites solely because of emissions from a limited number of sources, the
department shall notify such source or sources that the actions set forth in table 7 or the
preplanned abatement strategies plans are required, insofar as it applies to such source or
sources and shall be put into effect until the criteria of the specified level are no longer met.
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
### § 33.1-15-11-04. Preplanned abatement strategies plans.

1. Any person responsible for the operation of a source of air contaminants as set forth in table 7
shall prepare abatement strategies plans for reducing the emission of air contaminants during
periods of an air pollution alert, air pollution warning, and air pollution emergency. Abatement

strategies plans shall be designed to reduce or eliminate emissions of air contaminants in
accordance with the objectives set forth in table 7.
2. Any person responsible for the operation of a source of air contaminants not set forth under
subsection 1 shall, when requested by the department, in writing, prepare abatement
strategies plans for reducing the emission of air contaminants during periods of an air pollution
alert, air pollution warning, and air pollution emergency. Abatement strategies plans shall be
designed to reduce or eliminate emissions of air contaminants in accordance with the
objectives set forth in table 7.
3. Abatement strategies plans as required under subsections 1 and 2 shall be in writing and
identify the sources of air contaminants, the approximate amount of reduction of air
contaminants, and a brief description of the manner in which the reduction will be achieved
during an air pollution alert, air pollution warning, and air pollution emergency.
4. During a condition of air pollution alert, air pollution warning, and air pollution emergency,
abatement strategies plans as required by subsections 1 and 2 shall be made available on the
premises to any person authorized to enforce the provisions of applicable rules and
regulations.
5. Abatement strategies plans as required by subsections 1 and 2 shall be submitted to the
department upon request within thirty days of the receipt of such request; such abatement
strategies plans shall be subject to review and approval by the department. If, in the opinion of
the department an abatement strategies plan does not effectively carry out the objectives as
set forth in table 7, the department may disapprove it, state the reasons for disapproval, and
order the preparation of an amended abatement strategies plan within the time period
specified in the order.
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

Table 6.
Air Pollution Episode Criteria
1. Air pollution forecast:
An internal watch by the department shall be actuated by a national weather service advisory
that an atmospheric stagnation advisory is in effect or the equivalent local forecast of a
stagnant atmospheric condition.
2. Air pollution alert:
The alert level is that concentration of contaminants at which first stage control actions are to
begin. An alert will be declared when any one of the following levels is reached at any
monitoring site:
SO -800 μg/m (0.3 ppm), 24-hour average.
PM - 350 μg/m3, 24-hour average.
CO-17 mg/m3 (15 ppm), 8-hour average.
Ozone (O ) - 400 μg/m3 (0.2 ppm), 1-hour average.
NO - 1,130 μg/m3 (0.6 ppm), 1-hour average; 282 μg/m3 (0.15 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that
pollutant concentrations can be expected to remain at the above levels for twelve or more
hours or increase, or in the case of ozone, the situation is likely to recur within the next
twenty-four hours unless control actions are taken.
3. Air pollution warning:
The warning level indicates that air quality is continuing to degrade and that additional control
actions are necessary. A warning will be declared when any one of the following levels is
reached at any monitoring site:
SO - 1,600 μg/m3 (0.6 ppm), 24-hour average.
PM - 420 μg/m3, 24-hour average.
CO-34 mg/m3 (30 ppm), 8-hour average.
Ozone (O ) - 800 μg/m3 (0.4 ppm), 1-hour average.
NO - 2,260 μg/m3 (1.2 ppm), 1-hour average; 565 μg/m3 (0.3 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that
pollutant concentrations can be expected to remain at the above levels for twelve or more
hours or increase, or in the case of ozone, the situation is likely to recur within the next
twenty-four hours unless control actions are taken.
4. Air pollution emergency:
The emergency level indicates that air quality is continuing to degrade toward a level of
significant harm to the health of persons and that the most stringent control actions are
necessary. An emergency will be declared when any one of the following levels is reached at
any monitoring site:

SO - 2,100 μg/m3 (0.8 ppm), 24-hour average.
PM - 500 μg/m3, 24-hour average.
CO-46 mg/m3 (40 ppm), 8-hour average.
Ozone (O ) - 1,000 μg/m3 (0.5 ppm), 1-hour average.
NO - 3,000 μg/m3 (1.6 ppm), 1-hour average; 750 μg/m3 (0.4 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that
pollutant concentrations can be expected to remain at the above levels for twelve or more
hours or increase, or in the case of ozone, the situation is likely to recur within the next
twenty-four hours unless control actions are taken.
5. Termination:
Once declared, any status reached by application of these criteria will remain in effect until the
criteria for that level are no longer met. At such time, the next lower status will be assumed.

Table 7.
Abatement Strategies Emission Reduction Plans
Air Pollution Alert Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in
any form.
2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours
between twelve noon and four p.m.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall
perform such operations only between the hours of twelve noon and four p.m.
4. Persons operating motor vehicles should eliminate all unnecessary operations.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all
required control actions for this alert level.
Source of Air Contaminants Control Action
1. Coal- or oil-fired electric power a. Substantial reduction by utilization of fuels having
generating facilities. low ash and sulfur content.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
and soot blowing.
c. Substantial reduction by diverting electric power
generation to facilities outside of alert area.
2. Coal- and oil-fired process steam a. Substantial reduction by utilization of fuels having
generating facilities. low ash and sulfur content.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
and soot blowing.
c. Substantial reduction of steam load demands
consistent with continuing plant operations.
3. Manufacturing industries of the a. Substantial reduction of air contaminants from
following classifications: manufacturing operations by curtailing, postponing,
Primary metals industry. or deferring production and all operations.
Petroleum refining operations.
b. Maximum reduction by deferring trade waste
Chemical industries.
disposal operations which emit solid particles, gas
Mineral processing industries.
vapors, and malodorous substances.
Grain industry.
Paper and allied products. c. Maximum reduction of heat load demands by
Other energy and fuel facilities. processing.
d. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
or soot blowing.

Air Pollution Warning Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in
any form.
2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be
prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall
perform such operations only between the hours of twelve noon and four p.m.
4. Persons operating motor vehicles must reduce operations by the use of car pools and
increased use of public transportation and elimination of unnecessary operation.

Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all
required control actions for this warning level.
Source of Air Contaminants Control Action
1. Coal- or oil-fired electric power a. Maximum reduction by utilization of fuels having
generating facilities. lowest ash and sulfur content.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
and soot blowing.
c. Maximum reduction by diverting electric power
generation to facilities outside of warning area.
2. Coal- and oil-fired process steam a. Maximum reduction by utilization of fuels having the
generating facilities. lowest available ash and sulfur content.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
and soot blowing.
c. Making ready for use a plan of action to be taken if
an emergency develops.
3. Manufacturing industries which a. Maximum reduction of air contaminants from
require considerable lead time for manufacturing operations by, if necessary, assuming
shutdown including the following reasonable economic hardships by postponing
classifications: production and allied operation.
Petroleum refining.
b. Maximum reduction by deferring trade waste
Chemical industries.
disposal operations which emit solid particles,
Primary metals industries.
gases, vapors, or malodorous substances.
Glass industry.
Paper and allied products. c. Maximum reduction of heat load demands for
Other energy and fuel facilities. processing.
d. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
or soot blowing.
4. Manufacturing industries which a. Elimination of air contaminants from manufacturing
require relatively short lead times for operations by ceasing, curtailing, postponing, or
shutdown including the following deferring production and allied operations to the
classifications: extent possible without causing injury to persons or
Primary metals industries. damage to equipment.
Chemical industries.
b. Elimination of air contaminants from industrial waste
Grain industry.
disposal which emits solid particles, gases, vapors,
Mineral processing industries.
or malodorous substances.
c. Maximum reduction of heat load demands for
processing.
d. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
or soot blowing.

Air Pollution Emergency Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in
any form.
2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.
3. All places of employment described below shall immediately cease operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid emergent physical harm.
c. All manufacturing establishments except those required to have in force an air pollution
emergency abatement strategies plan.
d. All wholesale trade establishments; i.e., places of business primarily engaged in selling
merchandise to retailers, or industrial, commercial, institutional or professional users, or
to other wholesalers, or acting as agents in buying merchandise for or selling
merchandise to such persons or companies, except those engaged in the distribution of
drugs, surgical supplies, and food.
e. All offices of local, county, and state government, including authorities, joint meetings,
and other public bodies excepting such agencies which are determined by the chief
administrative officer of local, county, or state government, authorities, joint meetings,
and other public bodies to be vital for public safety and welfare and the enforcement of
the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply distributors, and stores
primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities brokers, dealers,
exchanges and services; offices of insurance carriers, agents and brokers, real estate
offices.
h. Wholesale and retail laundries, laundry services and cleaning and dyeing
establishments; photographic studios; beauty shops, barber shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and collection agencies;
duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic
services; equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services including motion picture
theaters.
l. Elementary and secondary schools, colleges, universities, professional schools, junior
colleges, vocational schools, and public and private libraries.
4. All commercial and manufacturing establishments not included in this order will institute such
actions as will result in maximum reduction of air contaminants from their operation by
ceasing, curtailing, or postponing operations which emit air contaminants to the extent
possible without causing injury to persons or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies with the approval of local police
or state highway patrol.

Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all
required control actions for this emergency level.
Source of Air Contaminants Control Action
1. Coal- or oil-fired electric power a. Maximum reduction by utilization of fuels having
generating facilities. lowest ash and sulfur content.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
or soot blowing.
c. Maximum reduction by diverting electric power
generation to facilities outside of emergency area.
2. Coal- and oil-fired process steam a. Maximum reduction by reducing heat and steam
generating facilities. demands to absolute necessities consistent with
preventing equipment damage.
b. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
and soot blowing.
c. Taking the action called for in the abatement
strategies plan for the emergency level.
3. Manufacturing industries of the a. Elimination of air contaminants from manufacturing
following classifications: operations by ceasing, curtailing, postponing, or
Primary metals industries. deferring production and allied operations to the
Petroleum refining. extent possible without causing injury to persons or
Chemical industries. damage to equipment.
Mineral processing industries.
b. Elimination of air contaminants from trade waste
Grain industry.
disposal processes which emit solid particles,
Paper and allied products.
gases, vapors, or malodorous substances.
Other energy and fuel facilities.
c. Maximum reduction of heat load demands for
processing.
d. Maximum utilization of midday (twelve noon to
four p.m.) atmospheric turbulence for boiler lancing
or soot blowing.
