Restriction of emissions of sulfur dioxide from use of fuel

1. General provisions. a. Except as provided in subdivision c, this section applies to any installation in which fuel is burned and in which the sulfur dioxide emissions are substantially due to the content of the fuel burned, and in which the fuel is burned primarily to produce heat. b. For purposes of this section, a fuel burning installation is any single fuel burning furnace or boiler or other unit, device, or contrivance in which fuel is burned or any grouping of two or more such furnaces or boilers or other units, devices, or contrivances on the same premises or otherwise located in close proximity to each other and under control of the same person. The capacity of such installations shall be the manufacturer's or designer's guaranteed maximum heat input rate. c. This chapter does not apply to installations which are subject to a sulfur dioxide emission limit under chapter 33.1-15-12. d. For purposes of this chapter, equipment at an oil and gas production facility, as defined in chapter 33.1-15-20, is considered industrial process equipment. e. This chapter does not apply to installations that burn pipeline quality natural gas or A.S.T.M. commercial propane alone or in combination with each other. Installations that burn pipeline quality natural gas or A.S.T.M. commercial propane in combination with other fuels are subject to the requirements of this chapter. 2. Restrictions applicable to fuel burning installations. No person shall cause or permit the emission of sulfur dioxide to the ambient air from any fuel burning installation in an amount greater than three and zero-tenths pounds of sulfur dioxide per million British thermal units [1,290 nanograms/joule] of heat input to the installation on a one-hour-block-average basis. The department may establish alternative averaging periods provided the requirements of chapter 33.1-15-02 are met. All averaging periods must begin on the hour and averaging periods greater than one hour must be rolling averages. 3. The department shall establish more restrictive emission limits for a source if it is determined that such source is causing the ambient air quality standards of chapter 33.1-15-02 or the prevention of significant deterioration increments of chapter 33.1-15-15 for sulfur dioxide to be exceeded. However, the department may consider alternative measures which will achieve compliance with the ambient air quality standards or prevention of significant deterioration increments.