No person may discharge into the ambient air from any single
source of emission whatsoever, with the exception of existing incinerators, any
air contaminant which exhibits an opacity greater than forty percent except
that a maximum of sixty percent opacity shall be permissible for not more than
one six-minute period per hour. Provided, however:
1. In consideration of public health and
welfare, when it becomes both technically and economically feasible, the
source
shall comply with visible
air contaminant restrictions as outlined in section
33.1-15-03-02 when directed by
the
department.
2. Any
existing
source which has installed control technology capable of complying with the
visible
air contaminant restrictions applicable to
new installations shall
comply with section
33.1-15-03-02 when directed by
the
department.
3. If any party is
aggrieved by the
department's decision as referenced in subsections 1 and 2,
that party may request a hearing before the
department to review such decision.
Such hearing must be conducted according to North Dakota Century Code chapter
28-32. If a hearing is requested, the requirements of section
33.1-15-03-02 are not effective
until ordered by the
department at the conclusion of the hearing
process.
Notes
N.D. Admin Code 33.1-15-03-01
Adopted by
Administrative
Rules Supplement 370, October 2018, effective
1/1/2019.
General Authority: NDCC 23.1-06-04; S.L. 2017,
ch. 199, § 1
Law Implemented: NDCC 23.1-06-04; S.L. 2017,
ch. 199, § 21
