North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-15 - Air Pollution Control
Chapter 33.1-15-19 - Visibility Protection
Section 33.1-15-19-01 - General provisions

Universal Citation: ND Admin Code ยง 33.1-15-19-01

Current through Supplement No. 394, October, 2024

1. Applicability. The provisions of this chapter apply to the owner or operator of a major stationary source or major modification, as defined in section 33.1-15-15-01.2, whose construction or modification is commenced after August 12, 1985. The standards shall be applied in conjunction with the procedures set forth in chapters 33.1-15-12, 33.1-15-14, and 33.1-15-15.

2. Definitions. As used in this chapter, all terms not defined herein shall have the meaning given them in section 33.1-15-01-04, 33.1-15-12-01, or 33.1-15-15-01.2 or in North Dakota Century Code chapter 23.1-06.

a. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the federal class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate with times of visitor use of the federal class I area, and the frequency and timing of natural conditions that reduce visibility.

b. "Natural conditions" include naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

c. "Visibility impairment" means any humanly perceptible change in visual range, contrast, or coloration from that which would have existed under natural conditions.

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

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