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NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 15. AIR POLLUTION CONTROL
CHAPTER 11. PREVENTION OF AIR POLLUTION EMERGENCY EPISODES
Date:
08/31/2009
Document:
33-15-11-04. Preplanned abatement strategies plans.
1. Any person responsible for the operation of a source of air contaminants as set forth in table 7 shall prepare abatement strategies plans for reducing the emission of air contaminants during periods of an air pollution alert, air pollution warning, and air pollution emergency. Abatement strategies plans shall be designed to reduce or eliminate emissions of air contaminants in accordance with the objectives set forth in table 7.
2. Any person responsible for the operation of a source of air contaminants not set forth under subsection 1 shall, when requested by the department, in writing, prepare abatement strategies plans for reducing the emission of air contaminants during periods of an air pollution alert, air pollution warning, and air pollution emergency. Abatement strategies plans shall be designed to reduce or eliminate emissions of air contaminants in accordance with the objectives set forth in table 7.
3. Abatement strategies plans as required under subsections 1 and 2 shall be in writing and identify the sources of air contaminants, the approximate amount of reduction of air contaminants, and a brief description of the manner in which the reduction will be achieved during an air pollution alert, air pollution warning, and air pollution emergency.
4. During a condition of air pollution alert, air pollution warning, and air pollution emergency, abatement strategies plans as required by subsections 1 and 2 shall be made available on the premises to any person authorized to enforce the provisions of applicable rules and regulations.
5. Abatement strategies plans as required by subsections 1 and 2 shall be submitted to the department upon request within thirty days of the receipt of such request; such abatement strategies plans shall be subject to review and approval by the department. If, in the opinion of the department an abatement strategies plan does not effectively carry out the objectives as set forth in table 7, the department may disapprove it, state the reasons for disapproval, and order the preparation of an amended abatement strategies plan within the time period specified in the order.
Table 6. Air Pollution Episode Criteria
1. Air pollution forecast:
An internal watch by the department shall be actuated by a national weather service advisory that an atmospheric stagnation advisory is in effect or the equivalent local forecast of a stagnant atmospheric condition.
2. Air pollution alert:
The alert level is that concentration of contaminants at which first stage control actions are to begin. An alert will be declared when any one of the following levels is reached at any monitoring site:
SO[2]-800 mug/m (0.3 ppm), 24-hour average.
PM[10] - 350 mug/m3, 24-hour average.
CO-17 mg/md 0 (15 ppm), 8-hour average.
Ozone (O[3]) - 400 mug/m3 (0.2 ppm), 1-hour average.
NO[2] - 1,130 mug/m3 (0.6 ppm), 1-hour average; 282 mug/m3 (0.15 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve or more hours or increase, or in the case of ozone, the situation is likely to recur within the next twenty-four hours unless control actions are taken.
3. Air pollution warning:
The warning level indicates that air quality is continuing to degrade and that additional control actions are necessary. A warning will be declared when any one of the following levels is reached at any monitoring site:
SO[2] - 1,600 mug/m3 (0.6 ppm), 24-hour average.
PM[10] - 420 mug/m3, 24-hour average.
CO-34 mg/m3 (30 ppm), 8-hour average.
Ozone (O[3]) - 800 mug/m3 (0.4 ppm), 1-hour average.
NO[2] - 2,260 mug/m3 (1.2 ppm), 1-hour average; 565 mug/m3 (0.3 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve or more hours or increase,40 or in the case of ozone, the situation is likely to recur within the next twenty-four hours unless control actions are taken.
4. Air pollution emergency:
The emergency level indicates that air quality is continuing to degrade toward a level of significant harm to the health of persons and that the most stringent control actions are necessary. An emergency will be declared when any one of the following levels is reached at any monitoring site:
SO[2] - 2,100 mug/m3 (0.8 ppm), 24-hour average.
PM[10] - 500 mug/m3, 24-hour average.
CO-46 mg/m3 (40 ppm), 8-hour average.
Ozone (O[3]) - 1,000 mug/m3 (0.5 ppm), 1-hour average.
NO[2] - 3,000 mug/m3 (1.6 ppm), 1-hour average; 750 mug/m3 (0.4 ppm), 24-hour average.
In addition to the levels listed for the above pollutants, meteorological conditions are such that pollutant concentrations can be expected to remain at the above levels for twelve or more hours or increase, or in the case of ozone, the situation is likely to recur within the next twenty-four hours unless control actions are taken.
5. Termination:
Once declared, any status reached by application of these criteria will remain in effect until the criteria for that level are no longer met. At such time, the next lower status will be assumed.
Table 7. Abatement Strategies Emission Reduction Plans
Air Pollution Alert Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste shall be limited to the hours between twelve noon and four p.m.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of twelve noon and four p.m.
4. Persons operating motor vehicles should eliminate all unnecessary operations.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all required control actions for this alert level.
Source of Air Contaminants Control Action
1. Coal or oil-fired a. Substantial reduction by
electric power utilization of fuels
generating facilities. having low ash and sulfur
content.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Substantial reduction by
diverting electric power
generation to facilities
outside of alert area.
2. Coal and oil-fired a. Substantial reduction by
process steam utilization of fuels
generating facilities. having low ash and sulfur
content.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Substantial reduction of
steam load demands
consistent with continuing
plant operations.
3. Manufacturing industries a. Substantial reduction of
of the following air contaminants from
classifications: manufacturing operations
Primary metals industry. by curtailing, postponing,
Petroleum refining or deferring production
operations. and all operations.
Chemical industries.
Mineral processing b. Maximum reduction by
industries. deferring trade waste
Grain industry. disposal operations which
Paper and allied products. emit solid particles, gas
Other energy and fuel vapors and malodorous
facilities. substances.
c. Maximum reduction of
heat load demands by
processing.
d. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.
Air Pollution Warning Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste or liquid waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall perform such operations only between the hours of twelve noon and four p.m.
4. Persons operating motor vehicles must reduce operations by the use of car pools and increased use of public transportation and elimination of unnecessary operation.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all required control actions for this warning level.
Source of Air Contaminants Control Action
1. Coal or oil-fired a. Maximum reduction by
electric power utilization of fuels
generating facilities. having lowest ash and
sulfur content.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Maximum reduction by
diverting electric power
generation to facilities
outside of warning area.
2. Coal and oil-fired a. Maximum reduction by
process steam utilization of fuels
generating facilities. having the lowest
available ash and
sulfur content.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Making ready for use a
plan of action to be
taken if an emergency
develops.
3. Manufacturing industries a. Maximum reduction of air
which require considerable contaminants from
lead time for shutdown manufacturing operations
including the following by, if necessary,
classifications: assuming reasonable
Petroleum refining. economic hardships
Chemical industries. by postponing production
Primary metals industries. and allied operation.
Glass industries.
Paper and allied products. b. Maximum reduction by
Other energy and fuel deferring trade waste
facilities. disposal operations which
emit solid particles,
gases, vapors, or
malodorous substances.
c. Maximum reduction of
heat load demands for
processing.
d. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.
4. Manufacturing industries a. Elimination of air
which require relatively contaminants from
short lead times for shut- manufacturing operations
down including the by ceasing, curtailing,
following classifications: postponing, or deferring
Primary metals industries. production and allied
Chemical industries. operations to the extent
Grain industry. possible without causing
Mineral processing injury to persons or
industries. damage to equipment.
b. Elimination of air
contaminants from
industrial waste disposal
which emits solid particles,
gases, vapors, or malodorous
substances.
c. Maximum reduction of
heat load demands for
processing.
d. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.
Air Pollution Emergency Level
Part A. General
1. There shall be no open burning by any persons of tree waste, vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid or liquid waste shall be prohibited.
3. All places of employment described below shall immediately cease operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid emergent physical harm.
c. All manufacturing establishments except those required to have in force an air pollution emergency abatement strategies plan.
d. All wholesale trade establishments; i.e., places of business primarily engaged in selling merchandise to retailers, or industrial, commercial, institutional or professional users, or to other wholesalers, or acting as agents in buying merchandise for or selling merchandise to such persons or companies, except those engaged in the distribution of drugs, surgical supplies and food.
e. All offices of local, county and state government including authorities, joint meetings, and other public bodies excepting such agencies which are determined by the chief administrative officer of local, county, or state government, authorities, joint meetings and other public bodies to be vital for public safety and welfare and the enforcement of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply distributors, and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services; offices of insurance carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and dyeing establishments; photographic studios; beauty shops, barber shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and collection agencies; duplicating, addressing, blueprinting; photocopying, mailing, mailing list and stenographic services; equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services including motion picture theaters.
l. Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, and public and private libraries.
4. All commercial and manufacturing establishments not included in this order will institute such actions as will result in maximum reduction of air contaminants from their operation by ceasing, curtailing, or postponing operations which emit air contaminants to the extent possible without causing injury to persons or damage to equipment.
5. The use of motor vehicles is prohibited except in emergencies with the approval of local police or state highway patrol.
Part B. Source Curtailment
Any person responsible for the operation of a source of air contaminants listed below shall take all required control actions for this emergency level.
Source of Air Contaminants Control Action
1. Coal or oil-fired a. Maximum reduction by
electric power utilization of fuels
generating facilities. having lowest ash
and sulfur content.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.
c. Maximum reduction by
diverting electric power
generation to facilities
outside of emergency
area.
2. Coal and oil-fired a. Maximum reduction by
process steam reducing heat and steam
generating facilities. demands to absolute
necessities consistent
with preventing
equipment damage.
b. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing and soot blowing.
c. Taking the action called
for in the abatement
strategies plan for the
emergency level.
3. Manufacturing industries a. Elimination of air
of the following contaminants from
classifications: manufacturing operations
Primary metals industries. by ceasing, curtailing,
Petroleum refining. postponing, or deferring
Chemical industries. production and allied
Mineral processing operations to the extent
industries. possible without causing
Grain industry. injury to persons or
Paper and allied products. damage to equipment.
Other energy and fuel
facilities.
b. Elimination of air
contaminants from trade
waste disposal processes
which emit solid
particles, gases, vapors,
or malodorous substances.
c. Maximum reduction of
heat load demands for
processing.
d. Maximum utilization of
midday (twelve noon to
four p.m.) atmospheric
turbulence for boiler
lancing or soot blowing.89.
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