North Dakota Air Permits

Air permits & authorizations

• Exempt sources

  Exemption

  Sources exempt from a PTC are listed in NDAC 33.1-15-14-02.13. For some minor-impact sources, an applicant may file and DEQ will decide in writing whether a permit is needed.

  NDAC 33.1-15-14-02.13Official page

• Minor Source Permit to Construct and Permit to Operate

  Minor NSR

  PTC required before construction or modification; PTO issued after inspection confirms the facility was built per the PTC. Notify DEQ within 30 days of initial operation. A PTC lapses if construction does not start within 18 months unless extended. True minors generally do not need public comment.

  less than 100 ton/yr of a criteria pollutant, less than 10 ton/yr of any single hazardous air pollutant, less than 25 ton/yr of any combination of hazardous air pollutants

  NDAC 33.1-15-14Official page

• Synthetic Minor PTC and PTO

  State Operating

  For sources whose potential emissions are at or above major levels that accept federally enforceable limits to stay below them. Initial synthetic minor PTCs require a 30-day public comment period.

  NDAC 33.1-15-14Official page

• Oil and Gas General Permit (GP-OG)

  General Permit

  General permit for oil and gas production facilities outside Indian country, filed through CERIS-ND. See the Oil and Gas section.

  Thresholds (summarized from source, not a quotation)

  Facility-wide criteria pollutant PTE below 250 tpy, excluding fugitives (restated from DEQ).

  Official page

Major NSR (PSD & nonattainment)

• Prevention of Significant Deterioration (PSD) Permit to Construct

  PSD

  For new major sources and major modifications (all of ND is attainment/unclassifiable). Requires BACT, air quality analysis, additional impacts analysis, and a 30-day public comment period.

  Thresholds (summarized from source, not a quotation)

  100 tons/yr for the listed source categories and 250 tons/yr for other sources, criteria pollutants only (restated from the DEQ permitting page).

  NDAC 33.1-15-15; 40 CFR 52.21(b)Official page

Title V operating permits

• Title V Permit to Operate

  Title V

  Major source operating permit, also required for some sources due to PSD applicability or Title IV Acid Rain. Initial issuance, renewals, and significant modifications need 30-day public comment, 45-day EPA review, and affected state review where applicable.

  Thresholds (summarized from source, not a quotation)

  At or above 100 tons/yr of a criteria pollutant, 25 tons/yr combined HAP, or 10 tons/yr of a single HAP (restated from the DEQ permitting page table).

  NDAC 33.1-15-14-06Official page

Oil & Gas

North Dakota (Bakken) has a dedicated oil and gas air program. Upstream operators submit the GP-OG Application / Well Registration through CERIS-ND before well completion, then a startup notification and a Potential to Emit (PTE) report. The GP-OG is a synthetic minor permit that keeps facilities below PSD. Storage tank control is under NDAC 33.1-15-07-02.1; flares must meet NDAC 33.1-15-07-02, 33.1-15-03-03.1, 33.1-15-20, and 40 CFR 60.18. DEQ implements NSPS OOOO/OOOOa reporting. Flared gas volumes are regulated separately by the ND Industrial Commission.

• Air Oil & Gas General Permit Application / Well Registration (GP-OG)

  General Permit

  Required for new and modified production facilities and new or recompleted wells. Startup of production notification is due within 30 days (measured from the final well), and the facility PTE Report within 90 days of startup. Sweetening units need site-specific permits.

  No later than two days prior to any planned well completion activities.

  Thresholds (summarized from source, not a quotation)

  Facility-wide criteria pollutant PTE below 250 tpy, excluding fugitives (restated from DEQ).

  NDAC 33.1-15-14; GP-OG guidance effective July 1, 2025Official page

• Well site and tank controls

  Other

  DEQ's Oil & Gas pages require new wells to have at least a pit flare on first production, and higher-emitting tanks need more efficient controls operating within 60 days of first production. Flares need an automatic igniter or continuous pilot.

  Thresholds (summarized from source, not a quotation)

  Pit flare with 90% destruction and removal efficiency; tanks emitting more than 20 tpy VOC need more efficient controls (restated from DEQ).

  NDAC 33.1-15-07-02; 33.1-15-07-02.1; 33.1-15-20Official page

• Title V and PSD triggers for production facilities

  Other

  Facilities must notify DEQ within 60 days of exceeding Title V thresholds and apply within 12 months; PSD exceedance notification is due the first business day after the exceedance is determined.

  Official page

State air regulations

• NDAC Article 33.1-15Air Pollution Control
• NDAC 33.1-15-14Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate
• NDAC 33.1-15-07Control of Organic Compounds Emissions (incl. storage tank and gas disposal rules)
• NDAC 33.1-15-20Control of Emissions from Oil and Gas Well Production Facilities
• NDAC 33.1-15-13Emission Standards for Hazardous Air Pollutants (cited for public comment procedures)
• NDAC 33.1-15-15Prevention of Significant Deterioration of Air Quality
• NDAC 33.1-15-23Fees

Forms

• Instructions for Completing Permit Application Forms
• SFN 8516 Air Contaminant Sources
• SFN 8891 Internal Combustion Engines and Turbines
• SFN 58923 Glycol Dehydration Units
• SFN 59652 Flares
• SFN 11408 Natural Gas Processing Plants
• SFN 8535 VOC Storage Tank
• Title V Application Instructions

Guidance

• Oil & Gas General Permit Application Guidance (July 2025)
• Oil & Gas program
• Oil & Gas Wells
• Bakken Pool Oil and Gas Production Facilities Permitting Guidance (2011, historical)
• Permit Portal (example permits)
• Air Modeling

Compliance

State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

Sources

• NDDEQ Air Permitting
• NDDEQ Construction Permitting
• NDDEQ Oil & Gas
• NDDEQ GP-OG Guidance

Editorial note: The DEQ construction page phrases the synthetic minor HAP trigger as '10 ton/yr or greater of any hazardous air pollutant'; thresholds otherwise restated from DEQ's permitting table. Chapter titles (incl. PSD at 33.1-15-15) confirmed from the NDAC Article 33.1-15 index. Indian country (e.g., Fort Berthold) is under EPA Region 8 permitting (not verified on an EPA page in this review). Permitting: 701-328-5188.