The application package is received by the Department and reviewed for completeness.

NOTE: At the very minimum, an application should include the following items:

1. A written description of the proposed project and the facility including site diagrams (if a physical change is proposed) and applicable process descriptions and technical specifications.

2. A summary of Hazardous Air Pollutant emissions and compliance with the Air Toxics Policy.

3. A written section addressing Title V and PSD applicability.

4. A summary of state and federal rule applicability including a listing of any New Source Performance Standards (NSPS, see 40 CFR 60) and National Emission Standards for Hazardous Air Pollutants (NESHAP, see 40 CFR 63) subparts that apply.

5. A statement addressing any dispersion modeling requirements for Criteria Pollutants or Air Toxics and the inclusion of any required modeling analysis with a complete method description in accordance with the State Air Quality Analysis Guide or Department guidance.

6. All Applicable Air Quality Permit Application forms.

7. The $325 Permit to Construct filing fee payment per NDAC 33.1-15-23-02.

Completeness is determined on a case by case basis and, to be deemed complete, a given application may require other information in addition to the items listed above.

• If the application is incomplete, the applicant will be notified of the deficiencies. If the application is complete, the technical review will begin.  

• After review, the Department will issue or deny the permit. The decision to issue or deny the permit will be based on the expected compliance status with respect to applicable state and federal air pollution requirements.

• The Permit to Construct may include conditions for compliance testing, monitoring, record-keeping and reporting. If the conditions of the permit to construct are satisfied, a Permit to Operate will be issued for the source. See Permit to Operate.

NOTE:   Construction permits become invalid if construction is not commenced within 18 months of the permit's issuance. The department may extend the 18 month period upon a satisfactory showing that an extension is justified per NDAC 33.1-15-14-02.10b.

A Construction Permit is required for the installation of a new stationary source or modification to an existing source that is designated in Section 33.1-15-14.01.

True Minor—A true minor source Construction Permit is issued to facilities that have the potential to emit less than 100 ton/yr of a criteria pollutant, less than 10 ton/yr of any single hazardous air pollutant and less than 25 ton/yr of any combination of hazardous air pollutants.

General Permit— A general Permit to Construct may be issued to cover numerous, similar, true minor sources such as asphalt plants, dry cleaners and grain elevators.

Some sources or modification may represent such a minor impact to the air quality that a permit to construct is not required. In such cases, an application for a Construction Permit is required, at which point the Department will determine if a Permit is necessary. Should it be deemed that a Permit is not required, the Department will notify the source in writing as such.

Is modeling required?

Modeling may be required dependent on the amount and types of pollutants emitted by the source. Some source types may be exempt from modeling if they meet the criteria for exemption. For more information on exemptions, inputs, and modeling guidance see Modeling.

Sources that have the potential to emit 100 ton/yr or greater of a criteria pollutant, 10 ton/yr or greater of any hazardous air pollutant, or 25 ton/yr or greater of any combination of hazardous air pollutants, and the permittee accepts a federally enforceable limit in the Permit to Construct which limits the potential to emit to the same limit specified for a true minor source.

What are federally enforceable limits?

Typically, a federally-enforceable limit is a physical or operational limitation on the capacity of a source to emit an air pollutant that is capable of being enforced by the federal government and citizens in federal court. A limitation will be considered federally enforceable if it is enforceable as a practical matter.

Examples of federally enforceable limits include:

• Throughput limits/Production rate limits
• Operational limits
• Fuel type and usage amount limits
• Emission limits over a set period of time

Is modeling required?

Modeling may be required dependent on the amount and types of pollutants emitted by the source. Some source types may be exempt from modeling if they meet the criteria for exemption. For more information on exemptions, inputs, and modeling guidance see our Modeling page.

A sources that has the potential to emit 100 ton/yr or greater of a criteria pollutant, 10 ton/yr or greater of any hazardous air pollutant, or 25 ton/yr or greater of any combination of hazardous air pollutants is considered a Major Source under Title V of the Clean Air Act (Operating Permits) and may be Major or Minor under the Prevention of Significant Deterioration (PSD) rules depending on source type.

Is modeling required?

Modeling is often required for major sources dependent on the amount and types of pollutants emitted by the source. Some source types may be exempt from modeling if they meet the criteria for exemption. For more information on exemptions, inputs, and modeling guidance see our Modeling page.

Prevention of Significant Deterioration (PSD)

Prevention of Significant Deterioration (PSD) applies to new major sources or major modifications at existing sources for pollutants where the area the source is located is in attainment or unclassifiable with the National Ambient Air Quality Standards (NAAQS) . North Dakota is in attainment for all criteria pollutants.

PSD sources require the following:

• installation of the Best Available Control Technology (BACT) or Best Available Retrofit Technology (BART);
• an air quality analysis;
• an additional impacts analysis; and
• public involvement

• Instructions for Completing Permit Application Forms
• Information About the Permit Fee System

A 30-day public comment period is required for PTCs which are:

1. Affected facilities under Chapter 33.1-15-13— Emission Standards for Hazardous Air Pollutants.

2. New sources that will be required to obtain a Permit to Operate under the Title V Permit Program.

3. Modifications to an existing facility that will increase the potential to emit from the facility by the following amounts:

• One hundred tons [90.72 metric tons] per year or more of particulate matter (PM, PM₁₀ PM_2.5), sulfur dioxide (SO₂), nitrogen oxides (NO_x), hydrogen sulfide (H₂S), carbon monoxide (CO) or volatile organic compounds (VOCs); or

• Ten tons [9.07 metric tons] per year or more of any contaminant listed under section 112(b) of the Federal Clean Air Act; or

• Twenty-five tons [22.68 metric tons] per year or more of any combination of contaminants listed under section 112(b) of the Federal Clean Air Act; or

4. Sources that the Department has determined to have a major impact on air quality, sources that have received a request for a public comment period from the public, a source with a significant degree of public interest, or those sources that request a federally enforceable permit which limits their potential to emit (i.e. synthetic minor permits).

¹ A public comment period may be required if there is a significant level of public interest or if a public comment period has been requested by the permittee or the public.

After a permit to construct is issued, the permittee has 18 months to start construction. After construction is completed the permittee is required to notify the Department within 30 days of initial operation. After the Department is notified, Department staff will arrange a site inspection to verify that equipment in place matches what was permitted and that all pollution control equipment is in operation.

Department staff may arrange a facility inspection after initial operation. During the inspection staff will review the equipment in place to verify that it matches equipment listed in the construction permit, and verify that any and all pollution control equipment is present and operational.

After the initial inspection, a summary of inspection findings will be submitted to the permittee. If the facility is in compliance with the construction permit an operating permit may be issued. More information about inspections can be found on our Inspection Page and more information about Operating Permits can be found on our Operating Permit Page .

Engine, stack, and other testing maybe required of equipment to verify emission rates. Review your permit for any testing requirements and any time-frame requirements to complete the testing. Some testing may be required after initial operation, others maybe on specified intervals. More information about testing can be found on our Testing Page.