33.1-15-21-09. Continuous emissions monitoring.

1. General. The monitoring, recordkeeping, and reporting of sulfur dioxide, nitrogen oxides, and carbon dioxide emissions, volumetric flow, and opacity data from affected units under the acid

rain program shall be conducted in accordance with title 40 Code of Federal Regulations part 75. Title 40 Code of Federal Regulations part 75 and its appendices, as they exist on January 1, 2012, are incorporated by reference.

2. Exceptions. Those portions of title 40 Code of Federal Regulations part 75 that are controlled and administered completely by the United States environmental protection agency will not be enforced by the state. This should not be construed as precluding the United States environmental protection agency from exercising its statutory authority under the Clean Air Act, as amended, or an affected source from complying with the authority or the requirements of the federal acid rain program.

History: Effective January 1, 2019.

General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-06-04, 23.1-06-08, 23.1-06-09; S.L. 2017, ch. 199, § 21