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Contact Information:
Permitting/Compliance Branch
Division of Air Quality Department of Health
1200 Missouri Ave.
PO Box 5520
Bismarck, ND 58506-5520
(701) 328-5188
Or view the Department's
Website
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NORTH DAKOTA
DE MINIMIS EXEMPTIONS:
Units smaller than 500 hp are exempt from permitting. No state notification is required, but it is strongly
recommended.
MINOR SOURCE PERMITTING:
The process begins by obtaining a pre-construction permit. The applicant must show that the source does not
cause an exceedance of the ambient air quality standards and PSD increments, which may require modeling, particularly
if the unit's potential to emit is over 40 tons of NOx or SO2 or 100 tons of CO. The limit that may be of concern
is the one for NO2 which is 100 micrograms per cubic meter. Internal combustion engines and turbines must meet
an opacity limit of less than 20% visible emissions. In most cases it is possible to avoid ambient impact
problems by raising the unit's stacks. No other permit limits are likely.
MAJOR NSR/PSD PERMITTING:
A potential to emit 250 tons or more of any criteria pollutant triggers PSD and a BACT analysis. It has been approximately
15 years since a BACT analysis was done in the state and officials indicated they would use EPA BACT standards
to guide them.
TREATMENT OF EMERGENCY ENGINES:
The state is developing an exemption for emergency engines up to 1,000 hp. The rule should be effective in
the fall of 2002. There is currently no special provision for emergency generators. The state has been using 500
hours per year to calculate the unit's potential to emit. If 500 hours is used for the potential to emit the permit
will likely have a 500 hour operating limit. However, the permit is not likely to include limits on when the unit
may operate.
Onsite electrical generation greater than 50 MW must obtain a Siting Certificate prior to construction from the public
service commission. The details of the siting process can be accessed
here. (See below)
An electrical generation facility needs to obtain a Siting Certificate for construction of a facility with 50
MW or more of capacity. Developers proposing to construct such a plant must first file a letter of intent with
the Commission at least one year prior to filing an application for a Certificate of Siting Compatibility,
though the Commission may designate a shorter waiting period at its discretion.
CHAPTER 49-22 ENERGY CONVERSION AND TRANSMISSION FACILITY SITING ACT
49-22-02. Statement of policy.
The legislative assembly finds that the construction of
energy conversion facilities and transmission facilities affects the environment and the welfare of
the citizens of this state. Therefore, it is necessary to ensure that the location, construction, and
operation of energy conversion facilities and transmission facilities will produce minimal adverse
effects on the environment and upon the welfare of the citizens of this state by providing that no
energy conversion facility or transmission facility shall be located, constructed, and operated
within this state without a certificate of site compatibility or a route permit acquired pursuant to
this chapter. The legislative assembly hereby declares it to be the policy of this state to site
energy conversion facilities and to route transmission facilities in an orderly manner compatible
with environmental preservation and the efficient use of resources. In accordance with this
policy, sites and routes shall be chosen which minimize adverse human and environmental
impact while ensuring continuing system reliability and integrity and ensuring that energy needs
are met and fulfilled in an orderly and timely fashion.
49-22-03 Definitions
5. "Energy conversion facility" means any plant, addition, or combination of plant and
addition, designed for or capable of:
a. Generation of fifty thousand kilowatts or more of electricity;
North Dakota Division of Community Service
The North Dakota Division of Community Services (DCS) is responsible for
updating and amending the North Dakota State Building Code.
The North Dakota State Building Code, as of August 1, 2002, uses the 2000 edition of the International
Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas
Code. In North Dakota, enforcement of the building code is the responsibility of local jurisdictions.
Jurisdictions that elect to adopt and enforce a building code must adopt the state building code,
but may amend the code further to conform to local needs.
State Building Code
International Code Council State Adoption Information Page
Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.
US DOE's Office of Building Technology, State and Community Programs, Building Codes Database
The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement
process.
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