Smoke School Information in North Dakota

North Dakota Acceptance Status for VirtualOpacity^® — EPA ALT-152A

Pending Acceptance.

North Dakota Visible Emissions / Opacity Standard

The opacity limit for North Dakota is Existing installations (pre-July 1, 1970): 40% opacity, max 60% for one 6-min period/hr; new installations and all incinerators: 20%, max 40% for one 6-min period/hr; fugitive: 40% max one 6-min/hr; flares: 20%, max 60% one 6-min/hr, as established under NDAC 33.1-15-03-01 (existing installations); 33.1-15-03-02 (new installations and ALL incinerators); 33.1-15-03-03 (fugitive); 33.1-15-03-03.1 (flares).

Compliance is demonstrated via EPA Method 9 (40 CFR Part 60, Appendix A); COMS data can be substituted when Method 9 readings unavailable; Method 22 when zero-opacity permit limits apply.

Averaging period: Method 9 per 33.1-15-03-05; per hour = any contiguous 60-min period

North Dakota's Air Pollution Control rules were recodified in 2017 under NDCC 23.1-06 and NDAC 33.1-15 (formerly 33-15). Fugitive emissions standard is separately set at 40% for no more than one 6-minute period/hr (§33.1-15-03-03).

Last verified July 8, 2026

Note: Regulations change — always verify current requirements with your state's air quality agency before making compliance decisions. This page is for informational purposes and is not legal advice; consult a qualified attorney or environmental compliance professional for guidance specific to your facility.