Rules, Regulations, and Policies

The North Dakota Department of Health's Environmental Health Section is charged with protecting the air, land, and water quality of North Dakota under North Dakota Century Code Title 23— Health and Safety.


Article 3—State Department of Health (Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems)

Chapter

Title

Related Links

33.1-03-08 Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems NONE

Article 10—Radiological Health Rules

For ease in finding the incorporated rules, we have included links to 33-10 that have NRC rules incorporated. See links under the Full Incorporated Rules column.

Chapter 

Title 

Full Incorporated Rules
(Printable) 

33.1-10-01 General Provisions
33.1-10-02 Registration of Radiation Machine Facilities and Services
33.1-10-03.1 Rules of General Application to Domestic Licensing of Byproduct Material 33-10-03.1
33.1-10-04.2 Standards for Protection Against Radiation 33-10-04.2
33.1-10-05.1 Radiation Safety Requirements for Industrial Radiographic Operations 33-10-05.1
33.1-10-06 X-Rays in the Healing Arts
33.1-10-07.2 Medical Use of Byproduct Material 33-10-07.2
33.1-10-08 Radiation Safety Requirements for Analytical X-ray Equipment
33.1-10-09 Radiation Safety Requirements for Particle Accelerators
33.1-10-10.1 Notices, Instructions, and Reports to Workers - Inspections 33-10-10.1
33.1-10-11 Fees for Issuance of License and Registration Certificates and Inspections
33.1-10-12.1 Licenses and Radiation Safety Requirements for Well Logging 33-10-12.1
33.1-10-13.1 Packaging and Transportation of Radioactive Material 33-10-13.1
33.1-10-14.1 Licenses and Radiation Safety Requirements for Irradiators 33-10-14.1
33.1-10-15 Therapeutic Radiation Machines
33.1-10-16 Domestic Licensing of Source Material 33-10-16
33.1-10-17 Domestic Licensing of Special Nuclear Material 33-10-17
33.1-10-18 General Domestic Licenses for Byproduct Material 33-10-18
33.1-10-19 Reciprocal Recognition of Licenses 33-10-19
33.1-10-20 Specific Domestic Licenses to Manufacture or Transfer Certain Item Containing Byproduct Material 33-10-20
33.1-10-21 Specific Domestic Licenses of Broad Scope for Byproduct Material 33-10-21
33.1-10-22 Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material 33-10-22
33.1-10-23 Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material

Repealed Rules

Chapter 

Title 

Related Links 

33-10-03 Licensing of Radioactive Material [Repealed]
33-10-04 Standards for Protection Against Radiation [Repealed]
33-10-04.1 Standards for Protection Against Radiation [Repealed]
33-10-05 Radiation Safety Requirements for Industrial Radiographic Operations [Repealed]
33-10-07 Use of Radionuclides in the Healing Arts [Repealed]
33-10-07.1 Medical Use of Radioactive Material [Repealed]
33-10-10 Notices, Instructions, and Reports to Workers - Inspections [Repealed]
33-10-12 Radiation Safety Requirements for Wireline Service Operations and Subsurface Tracer Studies [Repealed]
33-10-13 Transportation of Radioactive Material [Repealed]
33-10-14 Licenses and Radiation Safety Requirements for Irradiators [Repealed]

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, 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

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 Health) to:

    North Dakota Department of Health
    Division of Air Quality
    918 East Divide Avenue, 2nd Floor
    Bismarck, ND 58501

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.

Article 16—Control, Prevention, and Abatement of Pollution of Surface Water Rules

Chapter

Title

Related Links

33.1-16-01 North Dakota Pollutant Discharge Elimination System NONE
33.1-16-01.1 Pretreatment Regulations NONE
33-16-02 Standards of Water Quality for State of North Dakota [Repealed] NONE
33.1-16-02.1 Standards of Quality for Waters of the State NONE
33-16-03 Control of Pollution from Certain Livestock Enterprises [Repealed] NONE
33.1-16-03.1 Control of Pollution from Animal Feeding Operations NONE

Article 17—Public Water Supply Systems Rules

Chapter

Title

Related Links

33.1-17-01 Public Water Supply Systems in North Dakota NONE

Article 18—Water Well Contractors Rules

Chapter

Title

Related Links

33.1-18-01 Water Well Construction and Water Well Pump Installation NONE
33.1-18-02 Ground Water Monitoring Well Construction Requirements NONE

Article 19—Certification of Water and Wastewater Systems Operators Rules

Chapter

Title

Related Links

33.1-19-01 Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators NONE

Article 20—Solid Waste Management and Land Protection Rules

Chapter

Title

Related Links

33-20-01 General Provisions [Repealed] NONE
33.1-20-01.1 General Provisions NONE
33-20-02 Storage [Repealed] NONE
33.1-20-02.1 Permit Provisions and Procedures NONE
33-20-03 Collection and Transportation [Repealed] NONE
33.1-20-03.1 Permit Application Provisions NONE
33-20-04 Resource Recovery [Repealed] NONE
33.1-20-04.1 General Performance Standards NONE
33-20-05 Standards of Performance for Disposal Operations [Repealed] NONE
33.1-20-05.1 Inert Waste Landfills NONE
33-20-06 Permit to Construct [Repealed] NONE
33.1-20-06.1 Municipal Waste Landfills NONE
33-20-07 Permit to Operate [Repealed] NONE
33.1-20-07.1 Small Volume Industrial Waste Landfills and Special Waste Landfills NONE
33-20-08 Common Provisions Applicable to Both a Permit to Construct and Permit to Operate [Repealed] NONE
33.1-20-08.1 Surface Impoundment Provisions NONE
33.1-20-09 Land Treatment Provisions NONE
33.1-20-10 Large Volume Industrial Waste and MSW Ash Landfills NONE
33.1-20-11 Landfill Disposal of Technologically Enhanced Naturally Occurring Radioactive Material Waste NONE
33.1-20-12 Regulated Infectious Waste NONE
33.1-20-13 Water Protection Provisions NONE
33.1-20-14 Financial Assurance Requirements NONE
33.1-20-15 Solid Waste Management Fees NONE
33.1-20-16 Certification of Operators NONE
33.1-20-17 Solid Waste Management Planning NONE
33.1-20-18 Solid Waste Management Fund NONE

Article 21—Cesspools, Septic Tanks, Privies Rules

Chapter

Title

Related Links

33.1-21-01 Operation of Cleaning, Pumping, and Servicing of Cesspools, Septic Tanks, or Privies [Repealed] NONE
33.1-21-02 Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms NONE

Article 23—Consolidated Laboratories Rules

Chapter

Title

Related Links

33.1-23-01 Fees for Consolidated Laboratories Analyses NONE

Article 24—Hazardous Waste Management Rules; Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (Chapter 8)

Chapter

Title

Related Links

33.1-24-01 General Provisions NONE
33.1-24-02 Identification and Listing of Hazardous Waste NONE
33.1-24-03 Standards for Generators NONE
33.1-24-04 Standards for Transporters NONE
33.1-24-05 Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities NONE
33.1-24-06 Permits NONE
33.1-24-07 Permitting Procedures NONE
33.1-24-08 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks NONE

Article 25—Underground Injection Control Rules

Chapter

Title

Related Links

33.1-25-01 Underground Injection Control Program NONE

Article 34—Petroleum and Fuel Products Rules

Chapter

Title

Related Links

33.1-34-01 Specifications and Standards for Petroleum and Fuel Products NONE

Article 35—Revolving Loan Fund Rules

Chapter

Title

Related Links

33.1-35-01 State Water Pollution Control Revolving Fund NONE


Policies, Memos, and Guidance Documents for divisions are located here. Policies and memos are clarifications and interpretations of rules. Guidance documents set forth a policy on a statutory, regulatory or technical issue or an implementation of a statutory or regulatory issue.

Records Retention Schedule (10/23/15)

Outdoor Air Quality

Title

Rev. Date

Topic

Aerial Application of Pesticide April 04, 2014 Miscellaneous
Aerial Spraying Approval Guidelines 2012 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 23 January 2015 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 21 November 2012 Permitting
Emission Testing Guideline 09 February 2009 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 28 January 2005 Permitting
Policy for the Control of Hazardous Air Pollutant (HAP) Emissions in ND (Air Toxics Policy) 25 August 2010 Modeling
Portable Analyzer Standard Operating Procedure 02 May 2007 Compliance
Recommended AERSURFACE Inputs (North Dakota) 01 March 2017 Modeling
Reporting of Excess Opacity Emissions 10 February 2006 Compliance
Storage Vessel Guidance 09 October 2013 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 20 September 2012 Modeling

Indoor Air Quality

Title

Rev. Date

Topic

List of Approved Lead-Based Paint Abatement Firms for North Dakota 01 October 2014 Lead-Based Paint
Lead-Based Paint Inspection & Risk Assessment Investigations & Report Guidance N/A Lead-Based Paint

Radiation Control

Title

Rev. Date

Topic

Place Holder Title Date Topic
Place Holder Title Date Topic

Drinking Water Design Standards

Title

Rev. Date

Topic

Submittal Requirements for Water and Wastewater Systems February 2017 Drinking Water/Wastewater
Well Source Survey November 2011 Drinking Water
Recommended Standards for Water Works (Ten States Standards) 2010 Drinking Water
North Dakota Centry Code (NDCC) Chapter 49-23, One-Call Excavation Notice System N/A Drinking Water
North Dakota Administrative Code (NDAC) Chapter 33-18-01, Water Well Construction and Water Well Pump Installation July 2008 Drinking Water
NDCC Chapter 61-04, Appropriation of Water N/A Drinking Water
Water System Capacity Assessment Manual / Capacity Attribute Evaluation N/A Drinking Water
Water System Capacity Assessment Manual / Existing Water System August 2000 Drinking Water
Water System Capacity Assessment Manual / New Water System July 1999 Drinking Water

Wastewater Design Standards

Title

Rev. Date

Topic

Submittal Requirements for Water and Wastewater Systems February 2017 Drinking Water/Wastewater
Recommended Standards for Wastewater Facilities (Ten States Standards) 2014 Wastewater
Chapter 90, Waste Stabilization Ponds (Lagoons) N/A Wastewater
ND Plumbing Code (NDAC Chapter 62-03.1-03) July 2015 Wastewater
Permitting and Approval Requirements for Modular Package Wastewater Treatment Plants and Other Wastewater/Water Supply Infrastructure February 2017 Wastewater

Other Division of Municipal Facilities Policies Memos and Guidance Documents

Title

Rev. Date

Topic

Sanitary Sewer Leakage Testing January 2016 Wastewater
Mobile Home Park Water Line Sizing March 2012 Drinking Water
Removal or Abandonment In-Place of Asbestos Cement Pipe August 2018 Drinking Water/Wastewater


Last Updated: 12/30/2017