What is a Synthetic Minor Source?

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 for which the permittee accepts a federally enforceable limit in the Permit to Operate that limits the potential to emit to the same criteria specified for a 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 has been 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/or usage amount limits
• Emission limits over a set period of time

How do I apply for a Synthetic Minor Source Permit to Operate?

Obtaining a minor source permit usually begins with the permittee applying for and receiving a Construction Permit.

Sources that received a construction permit under Section 33.1-15-14-02 must notify the Department within 15 days of initial startup to satisfy the requirement to apply for a PTO. Note: If there are as-built updates to sites that received a pre-construction permit, they should submit an initial PTO application to document those changes.

A PTO is then issued after the conditions of the construction permit (PTC) have been verified by the Department with a facility inspection. For those sources that were not issued a construction permit (i.e., portable sources), an application for a PTO must be made on forms supplied by the Department prior to initiating operations.

Is a public comment period required?

Yes. Public participation concurrent with an EPA review period (30-day comment/review period) is required prior to issuing synthetic minor permits under the Minor Source Permit to Operate Program.

What is a Major (Title V) Source?

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 other facilities that the EPA rules have specifically determined require a Title V permit (e.g. municipal solid waste landfills [NSPS XXX] and air curtain incinerators [NSPS CCCC]).

How do I apply for a Title V Permit to Operate?

Important Note: Sources that have received a Permit to Construct and require a Title V Operating Permit or Title V permit revision must submit a complete Title V application within 12 months after commencing operation.

1. If your facility has a Construction Permit (PTC), notify the department within 15 days following start-up. Air Quality personnel will inspect the facility to verify compliance with the conditions of the issued PTC.
2. After a complete Title V application has been received, a draft Operating Permit will be sent to the permittee for review. Comments may be made at this time. Please alert the Department to any errors, omissions, or issues you see when reviewing the draft permit.
3. After the draft has been reviewed by the permittee, and no further revisions or corrections are needed, a 30-day public comment period will be conducted.
4. After the 30-day public comment period, there is a 45-day review period conducted by the EPA. The 30-day and 45-day review periods are not concurrent.
5. Upon successful completion of the above listed steps, a Title V operating permit will be issued.

The Division of Air Quality has developed electronic permitting for Pre-Construction (NSR/PSD) permitting, Minor/Synthetic Minor Operating Permits and Title V operating permits.

 Access CERIS-ND   ^{Subscriber Agreement Required for Title V Submission}

A copy of your application for an initial Title V permit must be sent to the North Dakota Department of Environmental Quality at:

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

Also, send a copy of the permit application to EPA Region 8 at:

Air Program (8P-AR)
Office of Partnerships & Regulatory Assistance
U.S. EPA - Region 8
1595 Wynkoop Street
Denver, CO 80202-1129

Is a public comment period required?

Yes. Public participation with a 30-day comment period followed by a 45-day EPA review period is required prior to issuing major (Title V) permits under the Major (Title V) Permit to Operate Program. The Department, not the permittee, will initiate the public comment and EPA review periods.

Is a permit application fee required?

No. Initial Title V Permit to Operate application, administrative changes, revisions and renewals do not require a fee.

Title V Operating Permit Instructions

• Form Instructions
• Title V Instructions
• Criteria Required for Complete Application Title V
• Trivial Activities to Omit Title V

The Division of Air Quality has developed electronic permitting for Pre-Construction (NSR/PSD) permitting, Minor/Synthetic Minor Operating Permits and Title V operating permits.

 Access CERIS-ND   ^{Subscriber Agreement Required for Title V Submission}

• Form Instructions
• Title V Instructions
• Criteria Required for Complete Application Title V
• Trivial Activities to Omit Title V

The Division of Air Quality has developed electronic permitting for Pre-Construction (NSR/PSD) permitting, Minor/Synthetic Minor Operating Permits and Title V operating permits.

 Access CERIS-ND   ^{Subscriber Agreement Required for Title V Submission}

Annual Fee Schedule for Minor Sources

(True Minor, Synthetic Minor, & General)

Annual Fee Schedule for Major Sources

(Title V- for bills issued July 2023 & scheduled to be issued July 2024)

Exemptions:

• The rules exempt state and local government-owned facilities from fees.
• Small Businesses under the Clean Air Act may petition for exemption from annual fees. For more information about small businesses see the Small Business Assistance Program.

Each boiler with a heat input greater than 250 MMBtu/hr will be assessed fees on an individual basis and independent of the fees associated with the rest of the installation.

Major source fee rate/ton may be increased annually based on 12-month Consumer Price Index (CPI) ending August 31 each year. Note: The August 2023 12-month CPI rate was +3.7%.

General Information Concerning the Air Pollution Control Permit Fee System (01-2022)

Title V Annual Adjustment to Major Source Permit to Operate Fees Memo (09-2023)

Fees for Construction Permits, Operating Permits, and Oil & Gas Well Registrations are detailed in Chapter 33.1-15-23.

Minor source and synthetic minor source operating permits are effective from the date of issuance until the expiration date. Initial permits are typically issued for 5 years unless the permit is suspended, revoked, or surrendered. The expiration date for renewal permits will be at 5-year intervals following the expiration date of the initial permit. Permits are renewed by the Department through an application process. Existing permits contain a condition that requires that an application for renewal be submitted to the Department no later than ninety days prior to the expiration date. As a courtesy, the Department typically sends the permittee a renewal reminder notice approximately 4 months prior to the permit expiration date. Non-receipt of this notice does not absolve a permittee of any renewal requirements. Typically, the notice will include a copy of the renewal application form (SFN-60242) and a copy of the existing permit.

To complete a true minor or synthetic minor renewal application, a permittee must review the existing permit and accomplish the following:

1. Verify all administrative entries in Items 1 through 4 of the existing permit and all source unit information in Item 6. Line out incorrect entries on the copy of the permit provided (or a similar copy), and enter the correct information to include changes in address, location, items of equipment, processes, etc. Use additional sheets as necessary.


2. Review the conditions of the permit listed in Item 7. Any questions about the conditions should be noted directly on the permit or on additional sheets.


3. Complete and sign the "Permit Renewal Application" form and submit it to:

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

For synthetic minor sources only (not true minor sources), also send a copy of the permit renewal application to EPA Region 8 at:

Air Program (8P-AR)
Office of Partnership & Regulatory Assistance
U.S. EPA - Region 8
1595 Wynkoop Street
Denver, CO 80202-1129

A permit renewal application for a Major (Title V) Source must be submitted at least six months, but no more than eighteen months prior to the expiration date for the permit. As a courtesy, the Department typically sends a renewal reminder notice approximately 1 year prior to the permit expiration date. Non-receipt of this notice does not absolve a permittee of any renewal requirements. The notice will include a copy of the renewal application form (SFN-52824) and a copy of the existing permit.

Important Note: The permittee's right to operate terminates with the expiration of the permit unless a permit renewal application is submitted at least six months prior to permit expiration. Operating without a permit is a violation of state and federal air pollution control rules. Instructions for completing a Title V application can be found in Operating Permit Application Forms located at the bottom of this page.