WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	All areas are in attainment EPA's Nonattainment Areas
Major Source Threshold	PTE 100 tons of any criteria pollutant in attainment areas
Minor Source Permitting Exemption	Less than 500 hp and certain units less than 1000 hp < 10 MMBtu/hr Unit with PTE < 100 tpy and actual emissions < 25 tpy.
Minor Source Treatment	Emission limits for SO2, PM, and opacity.
Emergency Generating Limits	No restriction for units < 500 hp;500 hours per year is used to calculate PTE for units between 500 and 1000 hp

DE MINIMIS EXEMPTIONS

Units smaller than 500 hp are exempt from permitting. No state notification is required, but internal documentation of the exemption is strongly recommended.

MINOR SOURCE PERMITTING

A source with emissions greater than 25 tpy for any criteria pollutant must obtain a minor source 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 NO2 limit may be of concern at 100 micrograms per cubic meter.

Internal combustion engines and turbines must meet an opacity limit; in most cases it is possible to avoid ambient impact problems by raising the unit's stacks. Other likely permit limits include:

• SO2: 3 lb/MMBtu.
• PM: based on heat input; ranging from 0.486 lb/MMBtu for a 50 MMBtu/hr unit to 0.60 lb/MMBtu for a 10 MMBtu/hr unit.
• Opacity: 20%

A source must also apply for a permit to operate at least 30 days prior to start-up of the new affected unit.

MAJOR NSR/PSD PERMITTING

A potential to emit 100 tons or more of any criteria pollutant triggers PSD and a BACT analysis. The state agency has indicated they would use EPA BACT standards in such a permit analysis.

TREATMENT OF EMERGENCY ENGINES

The state developed an exemption for emergency engines up to 1,000 hp. The exemptions include:

• Fossil fuel burning equipment < 10 MMBtu/hr
• Equipment with actual emissions < 25 tpy of an air contaminant and PTE < 100 tpy of the same.
• A single internal combustion engines < 500 hp or multiple engines with aggregate size < 500 hp. Note that there is no restriction on the number of hours such an engine or group of engines may run, as long as the use is strictly for emergency purposes (i.e. no peak shaving units).
• A single internal combustion engines > 500 hp and < 1000 hp or multiple engines with aggregate size > 500 hp and < 1000 hp, as long as usage is restricted to 500 hours per rolling 12 month period.
• A single internal combustion engine or multiple engines with total actual air emissions < 5 tpy.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

Onsite electrical generation greater than 100 MW must obtain a Siting Certificate prior to construction from the North Dakota Public Service Commission. 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 100 thousand kilowatts or more of electricity;

BUILDING, ZONING AND FIRE CODES:

Building Codes: The North Dakota State Building Code is the only code that jurisdictions may choose to adopt. Both the state and the local jurisdictions can make amendments. It is based on the 2006 IBC with amendments.

• State Building Code

Energy Codes: North Carolina enforces the 2006 North Carolina State Energy Conservation Code. It is based on the 2003 IECC with some exceptions and inclusion of ASHRAE 90.1-2004. The code cycle is completed every three years, with the 2009 code expected to become effective on Jan. 1, 2009. The code is a statewide mandatory minimum code.

• Energy Efficiency and Renewable Energy

Fire Codes: North Carolina enforces the 2006 North Carolina State Fire Code. It is based on the 2003 IFC with some exceptions. The code cycle is completed every three years, with the 2009 code expected to become effective on Jan. 1, 2009. The code is a statewide mandatory minimum code.

• State Fire Marshal

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

North Dakota does not have statewide interconnection standards. Relevant provisions for North Dakota utilities are summarized below.

Montana-Dakota Utilities has a standard interconnection form and timelines for engineering studies. Facility owners must pay for additional measures that the utility must undertake for interconnection. An external disconnect is required.

Northern States Power Co, a subsidiary of Xcel Energy, has interconnection standards. There is no timeframe for the application process, but it is described as "lengthy." There are no system size limitations mentioned or insurance requirements. There are no simplified procedures for smaller systems or standard forms. These standards can be accessed here.

EXIT FEES:

There are no statewide exit fees in place. However, no utilities charge exit fees.

UTILITY STANDBY RATES:

North Dakota does not have a statewide policy on standby rates. Relevant provisions for North Dakota utilities are summarized below.

MDU Resources Group Inc - No standard standby rate is currently offered, so customers seeking standby service would have to enter into an individual contract with the utility. Utility personnel said that a rate similar to Rate 30 would be charged with a specific reservation fee determined in the contract. Rate 30 has a high demand component and billing demand is based on the maximum 15 minute demand of the month with no ratchet. Rate information is available at: http://www.montana-dakota.com/Pages/ElectricandNaturalGasRates.aspx?state=North%20Dakota

Northern States Power Co (Exel Energy) - Standby Service Rider: Standby service is totally demand based with a reservation fee based on contract demand. Actual usage is billed under the regular rate for the customer based on size. Billing demand is typically based on the higher of the maximum demand of the month or 50% of the maximum from the previous 11 months. Rate information is available at: http://www.xcelenergy.com/XLWEB/CDA/0,3080,1-1-1_1875_1802_3891-3353-2_171_256-0,00.html