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.

North Dakota Administrative Code and State Seal.

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33-15-09	Emission of Certain Settle-able Acids and Alkaline Substances Restricted [Repealed]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

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
AERMET Surface & Upper-Air Meteorology Station	2004 to 2008	Modeling
Air Dispersion Modeling for Emergency Engines / Flares	06 October 2014	Modeling
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
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
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
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
Title V Permit to Operate	22 June 2010	Permitting
General Information Concerning the Air Pollution Control Permit Fee System	01 September 2012	Permitting
Permit to Construct Application Fee Increase	01 June 2016	Permitting
Title V Permit to Operate Fee Schedule (2018)	02 January 2018	Permitting
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
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.

See our Rule Development page.

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

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

Air Quality Rules, Regulations & Policies

Article 15—Air Pollution Control Rules

Chapter

Title

Related Links

Policies, Memos, & Guidance Documents

Records Retention Schedule (10/23/15)

All Outdoor Air Quality Policy Memos

Title

Rev. Date

Topic

Rules affecting North Dakota Sources

Rule Development

Small Business Assistance Program (SBAP)

Hard Copy of Air Pollution Control Rules

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