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 Air Quality Rules, Regulations & Policies

The North Dakota Department of Environmental Quality is charged with protecting the air quality of North Dakota under North Dakota Century Code Chapter 23.1-06 Air Pollution Control.

For questions related to North Dakota Air Regulations contact the Department at 701-328-5188 or AirQuality@nd.gov.


Article 15—Air Pollution Control Rules

Chapter

Title

Related Links
33.1-15-01 General Provisions
33.1-15-02 Ambient Air Standards 40 CFR 50
33.1-15-03 Restriction of Emission of Visible Air Contaminants
33.1-15-04 Open Burning Restrictions
33.1-15-05 Emissions of Particulate Matter Restricted
33.1-15-06 Emissions of Sulfur Compounds Restricted
33.1-15-07 Control of Organic Compounds Emissions
33.1-15-08 Control of Air Pollution From Vehicles and Other Internal Combustion Engines
33-15-09 Emission of Certain Settle-able Acids and Alkaline Substances Restricted [Repealed]
33.1-15-10 Control of Pesticides
33.1-15-11 Prevention of Air Pollution Emergency Episodes
33.1-15-12 Standards of Performance for New Stationary Sources 40 CFR 60.1 to 60.499, 40 CFR 60.500 to 60.5880, 40 CFR 60 Appx.
33.1-15-13 Emission Standards for Hazardous Air Pollutants 40 CFR 61
33.1-15-14 Designated Air Contaminant Sources, Permit to Construct,
Minor Source Permit to Operate, Title V Permit to Operate
33.1-15-15 Prevention of Significant Deterioration of Air Quality 40 CFR 52, NSR
33.1-15-16 Restriction of Odorous Air Contaminants
33.1-15-17 Restriction of Fugitive Emissions
33.1-15-18 Stack Heights
33.1-15-19 Visibility Protection
33.1-15-20 Control of Emissions From Oil and Gas Well Production Facilities
33.1-15-21 Acid Rain Program 40 CFR 72 – 77, Title IV
33.1-15-22 Emissions Standards for Hazardous Air Pollutants for Source Categories 40 CFR 63
33.1-15-23 Fees
33.1-15-24 Standards for Lead-Based Paint Activities 40 CFR 745 & 24 CFR 35
33.1-15-25 Regional Haze Requirements Regional Haze Program

 

 Policies, Memos, & Guidance Documents

Records Retention Schedule (10/23/15)

All Outdoor Air Quality Policy Memos

Filter 

Title

Rev. Date

Topic
Aerial Application of Pesticide 26 August 2025 Miscellaneous
Aerial Spraying Approval Guidelines 2025 Miscellaneous
AERMET Surface & Upper-Air Meteorology Station 2004 to 2008 Modeling
Air Dispersion Modeling for Emergency Engines / Flares 06 October 2014 Modeling
Air Pollution Control Equipment Operations (August) 20 August 2012 Oil & Gas
Air Pollution Control Equipment Operations (October) 19 October 2012 Oil & Gas
Billing for Open Records Request Current Miscellaneous
Compressor Engines & Glycol Dehydration Units (Rescindment) 18 December 2023 Modeling
Criteria Pollutant Modeling Requirements for a Permit to Construct 06 October 2014 Modeling
Delegation of Clean Air Act New Source Performance Standards 29 August 2009 Permitting
Electric Compressor Policy (Rescindment) 21 October 2024 Permitting
Emission Testing Guideline 07 February 2020 Compliance
Hourly Ozone Sites 2004 to 2008 Modeling
Memo to Operators Regarding Bakken Pool Guidance Document 02 May 2011 Oil &Gas
Model Input Parameters for Flares 10 November 2010 Modeling
New Registration Fee and Form for Oil and Gas Production Facilities 27 November 2012 Fees
Odor Certification Guideline 03 March 2006 Training
Oil and Gas Production Facilities Bakken Pool Guidance (aka Bakken Guidance) 02 May 2011 Oil &Gas
Oil and Gas Emission Calculation Workbook (.xls) 07 March 2013 Oil &Gas
Permitting of Concrete Batch Plants and Cement Handling Facilities 04 March 2020 Permitting
Policy for the Control of Hazardous Air Pollutant (HAP) Emissions in ND (Air Toxics Policy) (Rescindment) 18 December 2023 Modeling
Portable Analyzer Standard Operating Procedure 11 December 2019 Compliance
Recommended AERSURFACE Inputs (North Dakota) 01 March 2017 Modeling
Reporting of Excess Opacity Emissions 10 February 2006 Compliance
Storage Vessel Guidance (Rescindment) 21 October 2024 Oil &Gas
Temporary JT Skid/Liquids Knockouts Guidance 29 January 2014 Oil &Gas
User's Instructions for HRLYNAAQS 24 September 2010 Modeling
Instructions for Title V Permit to Operate Applications 01 September 2009 Permitting
Title V Annual Compliance Certification Report (Example) 01 October 2002 Reporting
List of Trivial Activities for Development of Title V Applications 22 February 2008 Permitting
Criteria Required for Determination of a Complete Application for Title V Permit to Operate N/A Permitting
Compliance Assurance Monitoring (CAM) Guidance N/A Compliance
Title V Permit to Operate 22 June 2010 Permitting
General Information Concerning the Air Pollution Control Permit Fee System 01 September 2012 Permitting
NDDoH Clarification of VOC Emission Responsibilities for Oil & Gas Facilities Producing Prior to June 1, 2011 16 July 2011 Oil &Gas
Storage Vessels at Oil & Gas non-Production Facilities 27 May 2015 Oil &Gas
Bakken Pool Oil & Gas Guidance Policy Method 22 Clarification 10 October 2011 Oil &Gas
Permit to Construct Application Fee Increase 01 June 2016 Permitting
Title V Permit to Operate Fee Schedule (2018) 02 January 2018 Permitting
North Dakota Minor Source Baseline Dates 13 May 2022 Modeling
Compliance Requirements for Condensate Truck Loadout Emissions 03 February 2020 Oil &Gas
Temporary Crude Oil Storage Vessels 07 May 2020 Oil &Gas
Control of Storage Tanks at Shut-In Production Facilities 07 May 2020 Oil &Gas
Crude Oil Truck Loadout VOC Emissions Compliance Requirements 13 July 2020 Oil &Gas
Compliance Alert – Air Emissions from Onshore Oil and Natural Gas Production Facilities 05 October 2020 Oil &Gas
Compliance Alert – Regulatory Requirements for 40 CFR Subpart OOOOa Storage Vessel Affected Facilities at Crude Oil and Natural Gas Facilities 10 October 2023 Oil &Gas
Asphalt Change of Status Notifications 11 March 2021 Compliance
High Efficiency Program Specifically Applies to Flares (Steffes, LLC) For Midstream Facilities 15 March 2021 Oil &Gas
High Efficiency Program Specifically Applies to Flares (Steffes, LLC) For Upstream Production Facilities 15 March 2021 Oil &Gas
High Efficiency Program Specifically Applies to Combustors For Upstream Production Facilities 18 March 2021 Oil &Gas
High Efficiency Program Specifically Applies to Flares (Steffes, LLC) For Upstream Production Facilities 13 January 2022 Oil &Gas
Control of Storage Tanks at Shut-In Upstream Production Facilities 23 August 2021 Oil &Gas
Testing Requirements for Non-Emergency Engines (RICE) Located at Minor Source Oil and Gas Facilities 09 June 2021 Oil &Gas
  

Rules affecting North Dakota Sources

Final and proposed rules can be found in the Federal Register Environment. A list of proposed and final rules that apply to North Dakota sources or have applicability to ND are listed below. Please note that this is not a complete list of all proposed rules and rules that may apply to sources within North Dakota, sources are responsible for adhering to all State and Federal Air Pollution Control Rules.


 Rule Development

See our Rule Development page.

 Small Business Assistance Program (SBAP)

For more information see our Small Business Technical and Environmental Compliance Assistance Program page.

 Hard Copy of Air Pollution Control Rules

A copy of the Air Pollution Control Rules for the State of North Dakota may be obtained for a fee of $15.00 per copy (to help defray the cost of printing and postage). Send check or money order (payable to: North Dakota Department of Environmental Quality) to:

North Dakota Department of Environmental Quality
Division of Air Quality
4201 Normandy Street, 2nd Floor
Bismarck, ND 58503-1324

Upon receipt of your payment in the amount of $15.00 we will transmit to you a copy of the Air Pollution Control Rules. Your check or money order will be your receipt.

Last Updated: 09/07/2021

Department of Environmental Quality
4201 Normandy Street
Bismarck, ND 58503-1324
 P: 701-328-5150
 F: 701-328-5200
 E: deq@nd.gov
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