NORTH DAKOTA 

DEPARTMENT of HEALTH 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, N D 58501-194 7 

701.328.5200 (fax) 

www.ndhealth.gov 

AIR POLLUTION CONTROL 

TITLE V PERMIT TO OPERATE 

Permittee: 

Name: 

Minnkota Power Cooperative, Inc. 

Address: 

P.O. Box 127 

Center, ND 58530-0127 

Source Location: 

340 I - 24th St. SW 

Sec. 4, T141N, R83W 

Oliver County, ND 

Expiration Date: 

Permit Number: 

T5-F76009 

Source Name: 

Milton R. Young Station 

Source Type: 

EGU, Coal 

May 12,2020 

Pursuant to Chapter 23-25 of the North Dakota Century Code, and the Air Pollution Control Rules of the State of 

North Dakota, Article 33-15 of the North Dakota Administrative Code (NDAC), and in reliance on statements and 

representations heretofore made by the permittee designated above, a Title V Permit to Operate is hereby issued 

authorizing such permittee to operate the emissions unit(s) at the location designated above. This Title V Permit to 

Operate is subject to all applicable rules and orders now or hereafter in effect of the North Dakota Department of 

Health and to any conditions specified on the following pages. All conditions are enforceable by EPA and 

citizens under the Clean Air Act unless otherwise noted. 

Renewal No.3 (Sig. Mod.): 7/22115 

Revision No. 1 (Admin.): 8/6/15 

Environmental Health 

Section Chief's Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

( LJZ:od Terry L.O'C~ P.E. 

· Director 

Division of Air Quality 

Division of 

Municipal Facilities 

701.328.5211 

Printed on recycled paper. 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210 
Milton R. Young Station 

Title V Permit to Operate 

Table of Contents 

Condition 

1. Emission Unit(s) Identification 

2. Unit 1 and 2 Monitoring Equipment 

3. Alternative Operating Scenarios 

4. Emission Unit(s) Limits 

5. Opacity Limits/Miscellaneous 

6. Monitoring Requirements and Conditions 

7. Recordkeeping Requirements 

8. Reporting 

9. Facility Wide Operating Conditions 

10. General Conditions 

11. Phase II Acid Rain Provisions 

12. State Enforceable Only Conditions (not Federally enforceable) 

Attachment A - Compliance Assurance Monitoring (CAM) Plan 

Attachment B- Consent Decree- July 27, 2006 

Amendments to Permit to Operate T5-F76009 

Attachment C - Fugitive Coal Dust Emission Control Plan for the Unit 1 Truck Dump 

Page _2_ of 4 7 

Permit No. T5-F76009 

Page No. 

3 

4 

5 

6 

15 

17 

23 

26 

29 

35 

41 

46 

• 
Permit Shield 

Page _1_ of 4 7 

Permit No. T5-F76009 

Compliance with the terms and conditions of this permit shall be deemed compliance with any applicable 

requirements as of the date of permit issuance, provided that: 

• Such applicable requirements are included and are specifically identified in this permit; or 

• The Department, in acting on the permit application or revisions, determines in writing that other 

requirements specifically identified are not applicable to the source, and the determination, or a concise 

summary thereof, is included in this permit. 

Applicable Requirement: NDAC 33-15-14-06.5.f.(l) 

1. Emission Unit(s) Identification: 

The emission units regulated by this permit are as follows: 

A. Point Sources: 

Emission Emission Air Pollution 

Emission Unit Description Unit (EU) Point (EP) Control Equipment 

One Babcock & Wilcox cyclone-fired boiler with a I I Electrostatic Precipitator 

nominal rated heat input capacity of 3,200 x I 06 Btu/hr (ESP), wet scrubber flue gas 

(Unit I) desulfurization system (FGD), 

advanced separated over-fire 

air (ASOF A) and selective 

non-catalytic reduction 

(SNCR), mercury control (fuel 

additive and post-combustion 

activated carbon injection) 

One Babcock & Wilcox cyclone-fired boiler with a 2 2 ESP, FGD, ASOFA and 

nominal rated heat input capacity of 6,300 x I 06 Btu/hr SNCR, and mercury control 

(Unit 2) 

One Cleaver Brooks auxiliary boiler (78 x 10° Btu/hr) 3 3 None 

fired with distillate oil 

One Caterpillar (23 7 bhp) diesel engine-driven fire pump 5 5 Catalytic Converter 

for Unit I 

One Cummins ( I90 bhp) diesel engine-driven fire pump 6 6 Catalytic Converter 

for Unit 2 

One Cummins (2,205 bhp) Modeli500DQGAB diesel 7 7 None 

engine-driven emergency generator (manuf. 5/I6/09) 

Unit I crusher house and Conveyor I C MI MI Rotoclone 

Unit I coal silos M2 M2 Rotoclone 

Unit 2 crusher house M3 M3 Rotoclone 

Unit 2 coal silos M4 M4 Rotoclone 

Unit I fly ash silo (vent) M5 M5* None 

Unit I fly ash silo (rotary unloader) M5 MIO Water Spray 

Unit 2 fly ash silo (vent) M6 M6* Fabric Filter 

• 
Emission Emission 

Emission Unit Description Unit (EU) Point (EP) 

Unit 2 fly ash silo (rotary unloader) M6 Mll 

Unit 2 lime storage silo M7 M7 

Unit 2 truck dump M9 M9 

Water treatment plant lime storage silo M12 M12 

Unit 1 Lime Storage Silo M13 M13 

* See Condition 3 .B 

B. Insignificant or Fugitive Emission Sources (no specific emission limit): 

1) Fuel and Waste Oil Storage Tanks 

2) Urea Storage Tanks 

Page __±_ of 4 7 

Permit No. T5-F76009 

Air Pollution 

Control Equipment 

Water Spray 

Fabric Filter 

None 

Fabric Filter 

Fabric Filter 

3) Miscellaneous Chemical Storage and Use (cleaning equipment, solvent parts washer, etc.) 

4) Miscellaneous Material Handling Systems for Coal, Activated Carbon, Lime and Ash 

a) Unit 2 fly ash silo with telescopic chute 

b) Activated carbon silo with fabric filter 

c) Unit 1 truck dump with fogging system 

d) Coal storage piles (active and inactive) 

2. Unit 1 and 2 Monitoring Equipment: 

A. The flue gas from Unit 1 and Unit 2 is emitted through separate stacks. Each stack is equipped 

with a continuous emission monitoring systems (CEMS) comprised of the following: 

1) One Teledyne Advanced Pollution Monitoring Model 1 OOE sulfur dioxide analyzer 

2) One Teledyne Advanced Pollution Monitoring Model 200E nitrogen oxides analyzer 

3) One Mechanical Systems Incorporated, BetaGuard particulate matter monitor 

4) One California Analytical Instruments, Inc. Fuji Model601 carbon dioxide analyzer 

5) One Teledyne Model Ultra Flow 150 ultrasonic continuous flow monitor. 

6) One Tekran Series 3300 mercury analyzer 

• 
Page _2_ of 4 7 

Permit No. T5-F76009 

B. The flue gas from Unit 1 is routed through one flue gas desulfurization absorber module and the 

flue gas from Unit 2 is routed through two flue gas desulfurization absorber modules. Each inlet 

duct to the three flue gas desulfurization absorber modules is equipped with the following: 

1) One Teledyne Advanced Pollution Monitoring Model100E sulfur dioxide analyzer 

2) One California Analytical Instruments, Inc. Fuji Model601 carbon dioxide analyzer 

3. Alternative Operating Scenarios: 

A. Fuels/Wastes 

1) Unit 1 and Unit 2 shall be operated using primarily lignite coal. Distillate oil or used oil 

(no detectable PCBs) may be utilized during periods of startup as well as to deslag the 

cyclone burners. Used oils and spent boiler cleaning wastes may be burned as outlined in 

Conditions 12.B, 12.C, 12.D and 12.E. A combination of halides is utilized on the lignite 

to control the emissions of mercury. Activated carbon is injected into the flue gas prior to 

the ESP as needed to control emissions of mercury. A proprietary chemical is added to 

the coal to improve cyclone ash viscosity, improving the staging of the ASOF A resulting in 

improved NOx control. 

2) The auxiliary boiler shall be operated utilizing distillate oil containing no more than 0.0015 

percent sulfur by weight. During startup, propane may be utilized. 

3) Fuels other than those listed above may be burned if approved in advance by the 

Department and compliance with the applicable emission limits is maintained. 

All the applicable requirements listed in Conditions 4 and 5 and the requirements for 

monitoring, recordkeeping, and reporting listed in Conditions 6-8 apply to these scenarios 

[3.A.1), 2) & 3)]. 

4) EUs 5, 6 and 7 are restricted to combusting only distillate oil with no more than 0.0015 

percent sulfur by weight. 

Applicable Requirements: NDAC 33-15-14-06.5.b (1) and PTC09044 

I 

B. Fly Ash Silos 

The Unit 1 and Unit 2 fly ash silos normally vent immediately upstream of the Unit 1 or Unit 2 

electrostatic precipitators. The filter for Emission Unit- M6 is used when both ESPs are off-line 

or the ESP to which the Unit 2 flyash silo is venting is off-line for a short period of time 

(malfunctioned or was undergoing maintenance). 

The rotary unloaders are located at the bottom of the fly ash silos. When operated, water spray is 

injected into the unloader and mixed with the fly ash prior to loading the ash into trucks. .. 
Page __Q_ of 4 7 

Permit No. T5-F76009 

The Unit 2 fly ash silo includes a telescopic chute located at the bottom of the silo. The telescopic 

chute is utilized when loading pneumatic trailers and into ash trucks for short periods when the 

rotary unloader malfunctions. 

The applicable requirements regarding these alternative operating scenarios are listed in 

Conditions 4 and 5. Monitoring, recordkeeping and reporting shall be conducted in accordance 

with Conditions 6-8 when the scenario occurs. 

4. Emission Unit(s) Limits: 

Pollutant/ Emission NDAC Applicable 

Emission Unit Description EU EP Parameter Limit/Parameter Requirement 

Babcock & Wilcox boiler 1 1 PM (filterable) 0.030 lb/1 O(J Btua,r PTC12003 

(Unit 1) 0.03 lb/1 06 Btuk 33-15-22-03, Subpart 

uuuuu 

PMIO 160.3 lb/hra 33-15-14-06.5.b(1) 

(filterable) 

so2 3.0 lb/106 Btub & 7,500 33-15-06-01.2 

lblhrb & 95 percent 33-15-14-06.5.b(1) 

removalc PTC12003 

NOx 0.36 lb/1 06 Btuc PTC12003 

& 2,070.2 lb~ 

HCl S02 Surrogate 0.2 33-15-22-03, Subpart 

lb/106 Btuk uuuuu 

Hg 4.0 lb/TBtuk 33-15-22-03, Subpart 

uuuuu 

Opacity See Cond. 5.A & 5.B.1 33-15-03-01.2 & ND 

SIP Section 8.3.2 

I 
Pollutant/ 

Emission Unit Description EU EP Parameter 

Babcock & Wilcox boiler 2 2 PM 

(Unit 2) (filterable) 

PMIO 

(filterable) 

so2 

NOx 

HCl 

Hg 

Opacity 

Cleaver Brooks auxiliary 3 3 PM 

boiler 

so2 

Opacity 

10% Annual 

Capacity 

Factor 

Caterpillar diesel engine 5 5 co 

(237 bhp) 

Opacity 

Cummins diesel engine 6 6 co 

(190 bhp) 

Opacity 

Cummins diesel engine 7 7 Opacit/ 

(2,205 bhp) 

Emission 

Limit/Parameter 

0.030 lb/1 06 Btua,t 

0.03 lb/1 06 Btuk 

315.1 lb/hra 

1.20 lb/1 06 Btub,d,f 

& 5,635.2 lblhr 

(see note i) 

0.35 lb/1 06 Btuc 

& 3995.6lb~ 

S02 Surrogate 0.2 

lb/106

Btuk 

4.0 lb/TBtuk 

See Cond. 5.A & 5.B.2 

0.80 lb/1 06

Btue & 

3.0 lb/hre 

3.0 lb/106 Btu 

See Cond. 5 .A 

See Cond. 4.o-i 

230ppm 

See Cond. 5 .A 

230ppm 

See Cond. 5 .A 

See Cond. 5 .A 

Page~ of 47 

Permit No. T5-F76009 

NDAC Applicable 

Requirement 

PTC12003 

33-15-22-03, Subpart 

uuuuu 

33-15-14-06.5.b(1) 

33-15-12, Subpart D 

33-15-14-06.5.b(1) 

PTC12003 & 

PTC10007 

PTC12003 

33-15-22-03, Subpart 

uuuuu 

33-15-22-03, Subpart 

uuuuu 

33-15-12, Subpart D 

and 33-15-03-02 

33-15-05-02.2.a 

33-15-02 

33-15-06-01.2 

33-15-03-02 

33-15-22-03, Subpart 

DDDDD 

33-15-22-03, Subpart 

zzzz 

33-15-03-02 

33-15-22-03, Subpart 

zzzz 

33-15-03-02 

33-15-03-02 
Pollutant/ 

Emission Unit Description EU EP Parameter 

Unit 1 crusher house and M1 M1 PM 

Conveyor 1C 

PMIO 

Opacity 

Unit 1 coal silos M2 M2 PM 

PMIO 

Opacity 

Unit 2 crusher house M3 M3 PM 

PMIO 

Opacity 

Unit 2 coal silos M4 M4 PM 

PMIO 

Opacity 

Unit 1 fly ash silo (vent) M5 M5 PM 

PMIO 

Opacity 

Unit 1 fly ash silo (rotary M5 M10 PM 

unloader) 

Opacity 

Unit 2 fly ash silo (vent) M6 M6 PM 

PMIO 

Opacity 

Unit 2 fly ash silo (rotary M6 M11 PM 

unloader) 

Opacity 

Unit 2 lime storage silo M7 M7 PM 

Opacity 

Unit 2 truck dump M9 M9 PM 

Opacity 

Emission 

Limit/Parameter 

74.0 lb/hr 

4.3 lb/hr 

See Cond. 5 .A 

66.3 lb/hr 

7.5 lb/hr 

See Cond. 5 .A 

82.0 lb/hr 

18.7lb/hr 

See Cond. 5 .A 

74.7lb/hr 

18.5 lb/hr 

See Cond. 5 .A 

42.5lb/hr 

2.2lb/hr 

See Cond. 5 .A 

55.4lb/hr 

See Con d. 5 .F 

42.5lb/hr 

2.2lb/hr 

See Cond. 5 .A 

59.8 lb/hr 

See Con d. 5 .A 

46.9lb/hr 

See Cond. 5 .A 

83.8 lb/hr 

See Cond. 5.F 

Page _1._ of 4 7 

Permit No. T5-F76009 

NDAC Applicable 

Requirement 

33-15-05-01 

33-15-14-06.5.b(1) 

33-15-03-02 

33-15-05-01 

33-15-14-06.5.b(1) 

33-15-03-02 

33-15-05-01 

33-15-14-06.5.b(1) 

33-15-03-02 

33-15-05-01 

33-15-14-06.5.b(l) 

33-15-03-02 

33-15-05-01 

33-15-14-06.5.b(1) 

33-15-03-02 

33-15-05-01 

33-15-03-02 

33-15-05-01 

33-15-02-04 

33-15-03-02 

33-15-05-01 

33-15-03-02 

33-15-05-01 

33-15-03-02 

33-15-05-01 

33-15-03-03 
Pollutant/ Emission 

Page _2_ of 4 7 

Permit No. T5-F76009 

NDAC Applicable 

Emission Unit Description EU EP Parameter Limit/Parameter Requirement 

Water treatment plant lime M12 M12 PM 4.4lblhr 33-15-05-01 

storage silo 

Opacity See Cond. 5 .A 33-15-03-02 

Unit 1 Lime Silo Ml3 M13 PM 46.9lblhr 33-15-05-01 

a 

b 

c 

d 

e 

f 

g 

h 

k 

Opacity See Cond. 5 .A 33-15-03-02 

3-hour rolling average. 

3-hour rolling average. More restrictive standard applies. The emission rate shall be calculated in 

accordance with the procedures of 40 CFR 60. 

30-day rolling average. The emission rate shall be calculated in accordance with the procedures of 

PTC12003. The limit for NOx does not include startup. 

3-hour rolling average. The emission rate shall be calculated in accordance with the procedures of 40 

CFR60. 

More restrictive standard applies. 

This standard does not apply during startup, shutdown or malfunction. 

Startup 24-hour rolling average Startup is the period of time from initial fuel combustion to the point in 

time when the measured heat input to the boiler on a 6-hour rolling average basis is greater than or equal to 

2500 x 106 Btulhr for Unit 1 and 4800 x 106 Btulhr for Unit 2. For purposes of determining compliance, 

startup cannot exceed 61 hours for Unit 1 and 115 hours for Unit 2. 

The potential to emit for an emergency stationary reciprocating internal combustion engine (RICE) is 

based on operating no more than 100 hours per year for other than non-emergency uses [40 CFR 63, 

Subpart ZZZZ, §63.6640(t)]. 

Note: For engines to be considered emergency stationary RICE under 40 CFR 60, Subpart JJJJ 

(§60.4243) or 40 CFR 63, Subpart ZZZZ (40 CFR §63.6640), engine operations must comply with 

applicable non-emergency operating hour limits (50 and 100 hours per calendar year) as specified in the 

applicable subpart. There is no time limit on the use of emergency stationary RICE in emergency 

situations. 

30-day rolling average. The emission rate shall be calculated in accordance with the procedures of 

PTC12003. In accordance with PTC10007 (BART Permit), the permittee shall achieve an emission rate 

of 0.15 lb/1 06 Btu and 90% removal of S02, or as an alternative 95% removal. 

See 40 CFR 63, Subpart DDDDD for additional, equally acceptable methods of demonstrating 

compliance which are not listed here for brevity. 

30 Boiler operating day rolling average (bodra). The emission rate shall be calculated in accordance with 

40 CFR 63 Subpart UUUUU. 

A. The permittee shall comply with the following plant-wide S02 emission limitations for the Milton 

R. Young Station: 

1) Beginning on January 1, 2012, and each year thereafter, the permittee shall not emit more 

than 11,500 tons of S02 per year based on a plant-wide tonnage for the annual average of 

two calendar years; 
Page _j_Q_ of 4 7 

Permit No. T5-F76009 

2) In the event that Milton R. Young Unit 3 is not operational by December 31, 2015, then 

beginning January 1, 2014, and each year thereafter, the owner shall not emit more than 

8,500 tons of S02 per year based on a plant-wide tonnage for the annual average of two 

calendar years. 

Applicable Requirement: PTC 12003 

B. The permittee shall continuously operate each FGD at all times that the unit it serves is in 

operation, consistent with the technological limitations, manufacturers' specifications, and good 

engineering and maintenance practices for the FGDs, for minimizing emissions to the extent 

practicable. The permittee need not operate an FGD system during periods of malfunction of the 

FGD, or during periods of malfunction of the unit that have a significant adverse impact on the 

operation of the FGD, provided that the permittee satisfies the requirements for a malfunction as 

set forth in Paragraph 13 8 (Malfunctions) of the Consent Decree. As set forth in Paragraph 13 8 of 

the Consent Decree, a malfunction may also constitute a Force Majeure event if it meets the 

requirements for Force Majeure event in Section XIV (Force Majeure) of the Consent Decree. 

Applicable Requirement: PTC 12003 

C. The permittee shall continuously operate all NOx control technology installed on the Milton R. 

Young Units at all times that the unit served is in operation, consistent with the technological 

limitations, manufacturers' specifications to the extent practicable, and good engineering and 

maintenance practices for the NOx control technology. The permittee need not operate NOx 

control technology during periods of malfunction of the NOx control technology, or during periods 

of malfunctions of the unit that have a significant adverse impact on the operation of the NOx 

control technology, provided that the permittee satisfies the requirements for malfunction events 

as set forth in Paragraph 138 (Malfunction Events) of the Consent Decree. As set forth in 

Paragraph 138 of the Consent Decree, a malfunction may also constitute a Force Majeure event if 

it meets the requirements for a Force Majeure event in Section XIV (Force Majeure) of the 

Consent Decree. 

Applicable Requirement: PTC 12003 

D. ESP Operation: 

1) The permittee shall continuously operate each ESP at the Milton R. Young Station at all 

times that each unit the ESP serves is combusting fossil fuel, consistent with good 

engineering practices for PM control, to minimize PM emissions to the extent practicable. 

The permittee need not operate the ESP during periods of malfunction of the ESP, or 

during periods of malfunction of the unit that have a significant adverse impact on the 

operation of the ESP, provided that the permittee satisfies the requirements for malfunction 

events as set forth in Paragraph 138 (Malfunction Events) of the Consent Decree. A 

malfunction may also constitute a Force Majeure event if it meets the requirements for a 

Force Majeure event in Section XIV (Force Majeure) of the Consent Decree. 
Page _ll_ of 4 7 

Permit No. T5-F76009 

2) The permittee shall continually operate each PM control device on the Milton R. Young 

Station Units to maximize the PM emission reductions, consistent with the operational and 

maintenance limitations of the units. Specifically, the permittee shall at a minimum: 

a) energize each section of the ESP for each unit, regardless of whether that action is 

needed to comply with opacity limits; 

b) maintain the energy or power levels delivered to the ESP for each Unit to achieve 

the greatest possible removal of PM; 

c) make best efforts to expeditiously repair and return to service transformer-rectifier 

sets when they fail; 

d) inspect for, and schedule for repair, any openings in ESP casings and ductwork to 

minimize air leakage; 

e) optimize for Unit 1 the plate-cleaning and discharge-electrode cleaning systems for 

the ESP by varying the cycle time, cycle frequency, rapper-vibrator intensity, and 

number of strikes per cleaning event; and 

f) optimize for Unit 2 the plate-cleaning system for the ESP by varying the cycle time 

and frequency of the cycle. 

Applicable Requirement: PTC 12003 

E. General S02 Provisions: 

1) In determining emission rates for S02, the permittee shall use the continuous emission 

monitoring system (CEMS)/continuous emission rate monitoring system (CERMS) in 

accordance with the reference methods specified in 40 CFR 75. 

2) For the purpose of calculating the 30-day rolling average removal efficiency, the outlet 

so2 emission rate and the inlet so2 emission rate shall be determined based on the data 

generated in accordance with 40 CFR 75 (using CEMS data from both the inlet and outlet 

of the control device). 

3) If any construction allows any flue gas to by-pass the S02 pollution control equipment, the 

outlet 30-day rolling average emission rate shall be determined from S02 CEMS located 

after the by-pass return, and the inlet 30-day rolling average emission rate shall be 

determined from S02 CEMS located before the by-pass. 

4) Surrender of S02 Allowances: 

a) For purposes of this condition, the "surrender of allowances" means permanently 

surrendering allowances from the accounts administered by EPA for Unit 1 and 

Unit 2 - so that such S02 allowances can never be used to meet any compliance 
Page __12_ of 4 7 

Permit No. T5-F76009 

requirements under the Clean Air Act, the North Dakota State Implementation Plan 

or the Consent Decree. 

b) For each year specified below, the owners shall surrender to EPA, or transfer to a 

non-profit third party selected by the owner for surrender, S02 allowances that have 

been allocated to the Milton R. Young Station for the specified calendar year: 

Calendar Year Amount 

2012-2015 4,346 Allowances 

2016-2018 8,693 Allowances 

2019 12,170 Allowances 

2020 and thereafter 14,886 allowances if Milton R. Young Units 

1, 2 and 3 (as proposed) are operational by 

December 31, 2015, and 17,886 allowances 

if only Milton R. Young Units 1 and 2 are 

operational by December 31, 2015 

The permittee shall make such surrender annually, within forty-five (45) days of their 

receipt from EPA of the Annual Deduction Reports for S02. Any surrender need not 

include the specific so2 allowances that were allocated to the permittee, so long as the 

permittee surrenders S02 allowances that are from the same year or an earlier year and 

that are equal to the number required to be surrendered under this condition. The 

requirements in Subsection IV(C) of the Consent Decree pertaining to the permittee's 

retirement of so2 allowances are permanent injunctions not subject to any termination 

provision of this permit or the Consent Decree. 

c) If any S02 allowances are transferred directly to a non-profit third party, the permittee 

shall include a description of such transfer in the next report submitted to EPA and the 

Department pursuant to Section XI (Periodic Reporting) of the Consent Decree. Such 

report shall: 

[1] provide the identity of the non-profit third-party recipient(s) of the so2 

A~lowances and a listing of the serial numbers of the transferred S02 

allowances; and 

[2] include a certification by the third-party recipient(s) stating that the recipient(s) 

will not sell, trade, or otherwise exchange any of the allowances and will not 

use any of the so2 allowances to meet any obligation imposed by any 

environmental law. 

No later than the third periodic report due after the transfer of any S02 allowances, the 

permittee shall include a statement that the third-party recipient(s) surrendered the so2 

allowances for permanent surrender to EPA in accordance with the provisions of 

Condition 1l.C.7)a) and b) within one (1) year after the permittee transferred the S02 

allowances to them. The permittee shall not have complied with the S02 allowance 

surrender requirements of this condition until all third-party recipients(s) shall have 

actually surrendered the transferred S02 allowances to EPA. 

• 
Page _ll__ of 4 7 

Permit No. T5-F76009 

d) For all S02 allowances surrendered to EPA, the permittee or the third-party recipient( s) 

(as the case may be) shall first submit an S02 allowance transfer request form to EPA's 

Office of Air and Radiation's Clean Air Markets Division directing the transfer of such 

S02 allowances to the EPA Enforcement Surrender Account or to any other EPA 

account that EPA may direct in writing. As part of submitting these transfer requests, 

the permittee or the third-party recipient(s) shall irrevocably authorize the transfer of 

these S02 allowances and identify - by name of account and any applicable serial or 

other identification numbers or station names - the source and location of the S02 

allowances being surrendered. 

Applicable Requirements: NDAC 33-15-21-01.6.c and PTC 12003 

F. General NOx Provisions: 

1) In determining emission rates for NOx, the permittee shall use CEMS/CERMS in 

accordance with the reference methods specified in 40 CFR 75. 

2) At any time following the commencement of operation of the specific NOx control 

technologies required to meet the NOx emission limits in Condition 4, the permittee may 

petition the plaintiffs listed in the Consent Decree to revise the applicable Phase II 30-day 

rolling average emission rate for NOx. In the petition, the permittee shall demonstrate 

and explain why it cannot consistently achieve and maintain the 30-day rolling average 

NOx emission rate required by Condition 4 for the unit in question, considering all relevant 

information. The permittee shall include in such petition a proposed alternative 30-day 

rolling average emission rate for NOx. The permittee shall also retain a qualified 

contractor to assist in the preparation and completion of the petition for an alternative 

30-day rolling average emission rate for NOx. The permittee shall provide with each 

petition all pertinent documents and data. If the Plaintiffs listed in the Consent Decree 

disapprove the 30-day rolling average emission rate for NOx proposed by the permittee, 

such disapproval shall be subject to the provisions of Section XV (Dispute Resolution) of 

the Consent Decree. The permittee shall submit any petition for any unit under this 

condition no later than six (6) months after the final compliance date specified for the unit 

in Paragraph 67 of the Consent Decree. The compliance dates are December 31, 2010 for 

Unit 2 and December 31, 2011 for Unit 1. 

3) Use ofNOx Allowances: 

a) Except as provided in the Consent Decree, the permittee shall not sell or trade any 

surplus NOx allowances allocated to Units 1, 2 and 3 at the Milton R. Young 

Station that would otherwise be available for sale or trade as a result of the actions 

taken by the permittee to comply with the requirements of the Consent Decree. 

b) The number of NOx allowances that are surplus to the permittee's NOx 

allowance-holding requirements shall be equal to the amount by which the NOx 

allowances allocated to the permittee's Units 1, 2 and 3 at the Milton R. Young 
Page ___H_ of 4 7 

Permit No. T5-F76009 

Station for a particular year are greater than the total amount of NOx emissions 

from those same units for the same year. 

c) Provided the permittee is in compliance with the NOx emission limitations of this 

permit, nothing in this permit or the Consent Decree shall preclude the permittee 

from selling or transferring NOx allowances to the Milton R. Young Station that 

become available for sale or trade as a result of: 

[1] activities that reduce NOx emissions from any unit at the Milton R. Young 

Station prior to the date of entry of the Consent Decree; 

[2] the installation and operation of any NOx pollution control technology or 

technique that is not otherwise required under the Consent Decree; 

[3] achievement and maintenance of NOx emission rates below the emission 

limits required by Condition 4 of this permit; 

[ 4] permanent shutdown of any unit at the Milton R. Young Station not 

otherwise required by the Consent Decree; and 

[ 5] other emissions reduction measures that are agreed to by Parties to the 

Consent Decree and made enforceable through modifications to the 

Consent Decree; 

So long as the permittee timely reports the generation of such surplus NOx 

allowances in accordance with Section XI (Periodic Reporting) of the 

Consent Decree. The permittee shall be allowed to sell or transfer NOx 

allowances equal to the NOx emissions reductions achieved for any given 

year by any of the actions specified from all units at the Milton R. Young 

Station are below emission limits required by the July 27, 2006 Consent 

Decree. 

d) The permittee may not purchase or otherwise obtain NOx allowances from another 

resource for purposes of complying with the requirements of the Consent Decree. 

However, nothing in the Consent Decree shall prevent the owner from purchasing 

or otherwise obtaining NOx allowances from another source for purposes of 

complying with State or Federal Clean Air Act requirements to the extent otherwise 

allowed by law. 

Applicable Requirement: PTC12003 

G. Auxiliary Boiler (EU 3) Average Annual Capacity Factor: The auxiliary boiler (EU 3) shall be 

limited to an average annual capacity factor of no more than 10 percent to maintain status as a 

"limited use boiler" as defined in 40 CFR 63.7575. The capacity factor shall be based on the 

quantity of fuel combusted in EU 3 and shall not exceed 476,087 gallons per year. See Condition 

5.I, Note 1. 
Page _li_ of 4 7 

Permit No. T5-F76009 

Applicable Requirements: NDAC 33-15-22-03, Subpart DDDDD and NDAC 

33-15-14-06.5.b(1) 

5. Opacity Limits/Miscellaneous: The emission units listed in Condition 4 shall not exceed the following 

opacity limits and miscellaneous requirements: 

A. All emission units- twenty percent (six-minute average), except that a maximum of forty percent 

(six-minute average) is permissible for not more than one six-minute period per hour. This 

standard applies at all times. 

B. 

Applicable Requirement: NDAC 33-15-03-02 

1) Emission Point 1 - PM emissions are limited to 0.052 lb/MMBtu (3-hour average) to 

ensure equivalency of monitoring methods and compliance with the opacity limit. This 

standard applies to all times. 

Applicable Requirement: ND SIP Section 8.3.2 

2) Emission Point 2 - In addition to the opacity limit specified in Condition 5.A, twenty 

percent (six-minute average), except that a maximum twenty-seven percent (six-minute 

average) is permissible for not more than one six-minute period per hour. This standard 

does not apply during startup, shutdown and malfunction. 

Applicable Requirement: NDAC 33-15-12, Subpart A and Subpart D 

C. Like-Kind Engine Replacement: This permit allows the permittee to replace the existing engines 

with like-kind engines. Replacement is subject to the following conditions: 

D. 

1) The Department must be notified at least 30 days prior to the proposed change-out. The 

permittee must also comply with all applicable notification requirements of 40 CFR 60 and 

40 CFR 63 (see conditions 5.D and 5.E of this permit). 

2) The replacement engine shall operate in the same manner, provide no mcrease m 

throughput and have equal or less emissions than the engine it is replacing. 

3) The date of manufacture of the replacement engine must be included in the 

notification. The facility must comply with any applicable Federal standards (e.g. NSPS, 

NESHAP, MACT) triggered by the replacement. 

4) The replacement engine is subject to the same State emission limits as the existing engine 

in addition to any NSPS or MACT emission limit that is applicable. 

Applicable Requirement: PTC09044 

40 CFR 60, Subpart IIII. EU 7 is subject to 40 CFR 60, Subpart IIII - Standards of Performance 

for Stationary Compression Ignition Internal Combustion Engines. The permittee shall comply 

with all applicable requirements. • 
Applicable Requirement: NDAC 33-15-12-02, Subpart IIII 

Page _lQ_ of 4 7 

Permit No. T5-F76009 

E. 40 CFR 63, Subpart ZZZZ. EUs 5, 6 and 7 are subject to 40 CFR 63, Subpart ZZZZ- National 

Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal 

Combustion Engines. The permittee shall comply with all applicable requirements. 

Note 1: For engines to be considered emergency stationary RICE under 40 CFR 63, Subpart 

ZZZZ, engine operations must comply with applicable hour limits (50 and 100 hours per calendar 

year) as specified in 40 CFR §63.6640(f) 

Applicable Requirement: NDAC 33-15-22-03, Subpart ZZZZ 

F. Fugitive Emissions: The permittee shall not discharge into the ambient air any air contaminant 

which exhibits opacity greater than forty percent for more than one six-minute period per hour. 

Such visible emissions shall have been visibly transported off the property of emission origination 

and remains visible to an observer positioned off said property when sighting along a line which 

does not cross the property of emission origination. 

Applicable Requirement: NDAC 33-15-03-03 

G. 40 CFR 60, Subpart Y. Fugitive emission source Unit 1 truck dump is subject to 40 CFR 60, 

Subpart Y- Standards of Performance for Coal Preparation and Processing Plants. The permittee 

shall comply with all applicable requirements. 

Applicable Requirement: NDAC 33-15-12-02, Subpart Y 

H. The permittee shall comply with the requirements of the Consent Decree dated July 27,2006 (U.S. 

District Court ofthe District ofNorth Dakota, Civil Action No. 1 :06-CV -034) as incorporated into 

PTC12003 and this Title V permit. 

Applicable Requirement: PTC12003 

I. 40 CFR 63, Subpart DDDDD. For EU 3 the permittee shall comply with all applicable 

requirements of 40 CFR 63, Subpart DDDDD- National Emission Standards for Hazardous Air 

Pollutants for Major Sources: Industrial, Commercial, and Institutional and Process Heaters as 

incorporated into NDAC 33-15-22-03, Subpart DDDDD. 

Note 1: Subpart DDDDD requirements wherever stated in this permit become effective for 

existing boilers on January 31, 2016 or as amended. 

Applicable Requirement: NDAC 33-15-22-03, Subpart DDDDD and NDAC 33-15-14-06.5.b(1) 

J. Subpart UUUUU- National Emission Standards for Hazardous Air Pollutants: Coaland Oil-Fired Electric Utility Steam Generating Units. EU 1 and EU 2 are affected 

sources under this subpart and are categorized by EPA as coal-fired electric generating units 

designed for the low rank virgin coal subcategory (78 Fed. Reg. 27,386, May 10, 2013). 
Applicable Requirement: NDAC 33-15-22-03, Subpart UUUUU 

6. Monitoring Requirements and Conditions: 

A. Requirements 

Monitoring 

Emission Unit Pollutant/ Requirement Condition 

Description EP Parameter (Method) Number 

Babcock & Wilcox 1 PM!PMto PMCEMS& 6.B.2, 6.B.3, 

boiler (Unit 1) Emissions Test 6.B.4.a, 6.B.7, 

6.B.9 & 6.B.l2 

so2 CEMS/CERMS 6.B.l, 6.B.3 & 

6.B.4.b 

NOx CEMS/CERMS 6.B.1, 6.B.3 & 

6.B.4.b 

HCl S02 CEMS 6.B.1, 6.B.3, 

6.B.4.b & 

6.B.16 

Hg CEMS 6.B.1, 6.B.3, 

6.B.4.b & 

6.B.l6 

Opacity Method 9 & PM CEMS 6.B.l& 6.B.2 

C02 CEMS 6.B.l, 6.B.3 & 

6.B.4.b 

Flow Flow Monitor 6.B.1, 6.B.3 & 

6.B.4.b 

Page _ll_ of 4 7 

Permit No. T5-F76009 

NDAC Applicable 

Requirement 

33-15-14-06.5 .a(3)(a) 

& PTC12003 

33-15-14-06.5.a(3)(a) 

& 

33-15-21 

33-15-21 & 

33-15-14-06.5.a(3)(a) 

33-15-22-03, Subpart 

uuuuu 

33-15-22-03, Subpart 

uuuuu 

33-15-14-06.5.a(3)(a), 

33-15-21 & PTC12003 

33-15-21 

33-15-21 
Monitoring 

Emission Unit Pollutant/ Requirement 

Description EP Parameter (Method) 

Babcock & Wilcox 2 PMIPMto PMCEMS& 

boiler (Unit 2) Emissions Test 

so2 CEMS/CERMS 

NOx CEMS/CERMS 

HCl S02 CEMS 

Hg CEMS 

Opacity Method 9 & PM CEMS 

C02 CEMS 

Flow Flow Monitor 

Cleaver Brooks 3 PM Recordkeeping 

auxiliary boiler 

so2 Recordkeeping 

Opacity Recordkeeping 

Annual Recordkeeping 

Capacity Factor 

Caterpillar diesel 5 co Recordkeeping 

engine (23 7 bhp) 

Opacity Recordkeeping 

Cummins diesel engine 6 co Recordkeeping 

(190 bhp) 

Opacity Recordkeeping 

Cummins diesel engine 7 Opacity Recordkeeping 

(2,205 bhp) 

Condition 

Number 

6.B.2, 6.B.3, 

6.B.4.a, 6.B.7, 

6.B.9 & 6.B.12 

6.B.1, 6.B.3 & 

6.B.4.b 

6.B.1, 6.B.3 & 

6.B.4.b 

6.B.l, 6.B.3, 

6.B.4.b & 

6.B.l6 

6.B.1, 6.B.3, 

6.B.4.b & 

6.B.16 

6.B.1& 6.B.2 

6.B.1, 6.B.3 & 

6.B.4.b 

6.B.l, 6.B.3 & 

6.B.4.b 

6.B.5 

6.B.5 & 6.B.8 

6.B.5 

6.B.13a 

5.E 

6.B.5 & 6.B.8 

6.B.l4 

5.E 

6.B.5 & 6.B.8 

6.B.14 

6.B.5 & 6.B.8 

6.B.14 

Page _18_ of 4 7 

Permit No. T5-F76009 

NDAC Applicable 

Requirement 

33-15-14-06.5.a(3)(a) 

& PTC12003 

33-15-12, Subpart D & 

33-15-21 

33-15-14-06.5.a(3)(a) 

& 33-15-21 

33-15-22-03, Subpart 

uuuuu 

33-15-22-03, Subpart 

uuuuu 

33-15-12, SubpartD, 

33-15-21 & PTC12003 

33-15-12, SubpartD& 

33-15-21 

33-15-12, Subpart D & 

33-15-21 

33-15-14-06.5.a(3)(a) 

33-15-14-06.5.a(3)(a) 

33-15-14-06.5 .a(3)(a) 

33-15-22-03, Subpart 

DDDDD 

33-15-22-03, Subpart 

zzzz 

33-15-14-06.5.a(3)(a) 

33-15-22-03,Subpart 

zzzz 

33-15-14-06.5.a(3)(a) 

33-15-14-06.5.a(3)(a) 
Emission Unit Pollutant/ 

Description EP Parameter 

Unit I crusher house Ml PMIPMIO/ 

and Conveyor I C Opacity 

Unit I coal silos M2 PMIPMtol 

Opacity 

Unit 2 crusher house M3 PMIPMIO/ 

Opacity 

Unit 2 coal silos M4 PMIPMIO/ 

Opacity 

Unit I fly ash silo M5 PMIPMIO/ 

(vent) Opacity 

Unit 2 fly ash silo M6 PMIPMIO/ 

(vent) Opacity 

Unit 2 lime storage silo M7 PMIPMIO/ 

Opacity 

Unit 2 truck dump M9 PM/ Opacity 

Unit I fly ash silo M10 PM/ Opacity 

(rotary unloader) 

Unit 2 fly ash silo Mil PM/ Opacity 

(rotary unloader) 

Water treatment plant M12 PM/ Opacity 

lime storage silo 

Unit I lime storage Ml3 PM/ Opacity 

Silo 

Monitoring 

Requirement 

(Method) 

CAM 

CAM 

CAM 

CAM 

O&MPlan/ 

VE Evaluation 

O&M Plan/ 

VE Evaluation/ 

CAM 

CAM 

VE Evaluation 

VE Evaluation 

VE Evaluation 

CAM 

CAM 

Condition 

Number 

6.B.ll 

6.B.ll 

6.B.ll 

6.B.ll 

6.B.6/ 

6.B.9 

6.B.6/ 

6.B.9/ 

6.B.l1 

6.B.ll 

6.B.9 

6.B.9 

6.B.9 

6.B.11 

6.B.l1 

Page _1.2_ of 4 7 

Permit No. T5-F76009 

NDAC Applicable 

Requirement 

33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.5 .a(3)(a) 

33-15-14-06.5.a(3)(a) 

& 33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.5.a(3)(a) 

33-15-14-06.5.a(3)(a) 

33-15-14-06.5 .a(3)(a) 

33-15-14-06.10 

33-15-14-06.10 

a This provision is not required until40 CFR 63, Subpart DDDDD is in effect. 

B. Monitoring Conditions: 

1) The monitoring shall be in accordance with the applicable requirements of Chapter 

33-15-06, Chapter 33-15-12, Chapter 33-15-21, and Chapter 33-15-22-03 of the North 

Dakota Air Pollution Control Rules. Emissions are calculated using 40 CFR 75, 

Appendix F and 40 CFR 60, Appendix A. For the purpose of calculating the 30-Day 

Rolling Average Removal Efficiency, the outlet S02 Emission Rate and inlet S02 

Emission Rate shall be determined based on the data generated in accordance with 40 CFR 

75 (using S02 and C02 CEMS data from both the inlet and outlet of the control device). 

a) Section 33-15-06-04 of the North Dakota Air Pollution Control Rules, Monitoring 

Requirements. 

b) 40 CFR 60, Subpart A, Section 60.13, Monitoring Requirements (applicable to 

Unit 2 only). 

c) 40 CFR 60, Subpart D, Section 60.45, Emission and Fuel Monitoring (applicable to 

Unit 2 only). 
Page _1Q_ of 4 7 

Permit No. T5-F76009 

d) Section 33-15-21-09 of the North Dakota Air Pollution Control Rules, Monitoring 

Requirements. 

2) PMCEMS 

a) The permittee shall install and operate a PM CEMS in accordance with paragraphs 

82 through 88 of the Consent Decree on Unit 2 at the Milton R. Young Station. 

The PM CEMS shall comprise a continuous particle mass monitor measuring 

particulate matter concentration, directly or indirectly, on an hourly average basis 

and a diluent monitor used to convert the concentration to units of lb/1 06 Btu. The 

permittee shall maintain, in an electronic database, the hourly average emission 

values of all PM CEMS in lb/1 06 Btu. The permittee shall use reasonable efforts 

to keep the PM CEMS running and producing data whenever Unit 2 is operating. 

The permittee shall operate the PM CEMS in accordance with the approved Quality 

Assurance/Quality Control protocol (approved June 16, 2008). 

b) The permittee may use the PM CEMS on Units 1 & 2 in lieu of the continuous 

opacity monitoring system (COMS) required by NDAC 33-15-12-02, Subpart D 

( 40 CFR 60, Subpart D) and Paragraph 88 of the Consent Decree provided the 

following conditions are met: 

[1] The PM CEMS installed are appropriate to the stack conditions at both 

Units 1 and 2; 

[2] The PM CEMS are installed, operated and maintained in accordance with 

the manufacturer's recommendations, the applicable requirements of 40 

CFR 60.40 et seq. and the General Provisions at 40 CFR 60.7-60.13; 

[3] The PM CEMS are certified in accordance with Performance Specification 

11 (PS-11) at 40 CFR 60, Appendix A; 

[4] Quality assurance/quality control requirements must be performed m 

accordance with 40 CFR 60, Appendix F, Procedure 2; 

[5] Compliance with the applicable PM emission limits at 40 CFR 60.42(a) 

must be based on continuous three-hour rolling average periods during 

source operation; 

[6] The permittee must meet all applicable reporting, recordkeeping and 

operational requirements under 40 CFR 60.40 et seq. and the General 

Provisions under 40 CFR 60.7-60.13. Quarterly excess emissions of PM 

must be reported based on a three-hour rolling average during source 

operations; 

[7] The permittee must demonstrate compliance with the applicable opacity 

limit by taking weekly visible emissions readings in accordance with 40 
Page _21_ of 4 7 

Permit No. T5-F76009 

CFR 60, Appendix A, Method 9. The Method 9 readings must be taken for 

at least 30 minutes each week, for six consecutive weeks during regular 

source operation. If continuous compliance with the opacity limit is 

demonstrated for six consecutive weeks, the permittee can begin taking 

monthly Method 9 readings. 

[8] Monthly Method 9 readings must be taken for at least one hour each 

consecutive month but may be performed in no less than 30-minute 

intervals during regular source operation; 

[9] Records of Method 9 readings that document an exceedance of the 

applicable opacity standard must be submitted with the quarterly excess 

emission reports required for the PM CEMS; 

[1 0] If excess emissions of opacity are identified, the permittee shall revert back 

to weekly Method 9 readings for six consecutive weeks, or until continuous 

compliance with the opacity limit is demonstrated, whichever is longer; and 

[11] All Method 9 readings must be taken by a certified observer. 

3) The Department may require additional performance audits of each CEMS and CERMS 

system. 

4) a) When a failure of a continuous emission monitoring system occurs, an alternative 

method, acceptable to the Department, for measuring or estimating emissions must 

be undertaken as soon as possible. Timely repair of the emission monitoring 

system must be made. 

b) When a failure of a CEMS or CERMS occurs, an alternative method, acceptable to 

the Department, for measuring or estimating emissions must be undertaken as soon 

as possible. The procedures outlined in 40 CFR 75, Subpart D for data 

substitution are considered an acceptable alternative method. Timely repair of the 

emission monitoring system must be made. 

5) For purposes of compliance monitoring, burning of distillate oil or propane shall be 

considered credible evidence of compliance with any applicable opacity, PM and S02 

emission limits. However, results from tests conducted in accordance with the test 

methods in 40 CFR 50, 51, 60, 61, or 7 5 will take precedence over burning distillate oil for 

evidence of compliance or noncompliance with any applicable opacity, particulate and S02 

emission limit in the event of enforcement action. 

6) The permittee shall maintain and operate air pollution control equipment in a manner 

consistent with good air pollution control practice for minimizing emissions. The 

manufacturer's recommended Operations and Maintenance (O&M) procedures, or a 

site-specific O&M procedure (developed from the manufacturer's recommended O&M 

procedures), shall be followed to assure proper operation and maintenance of the 

• 
Page ..12_ of 47 

Permit No. T5-F76009 

equipment. The permittee shall have the O&M plan available on-site and provide the 

Department with a copy when requested. 

7) Units 1 and 2 PM Stack Tests 

a) The permittee shall conduct annual PM performance testing on Milton R. Young 

Station Units 1 and 2. 

b) In determining the PM emission rate, the permittee shall use the reference methods 

specified in 40 CFR 60, Appendix A, Method 5 (filterable portion only) or 40 CFR 

60, Appendix A, Method 17 (filterable portion only), using stack tests, or 

alternative methods that are requested by the permittee and approved by EPA. 

The permittee shall also calculate the PM emissions rate from annual stack tests in 

accordance with 40 CFR § 60.8(±). In addition, the permittee shall submit all the 

results of each PM stack test to the Department and EPA within forty-five ( 45) days 

of completion of each test. 

8) The sulfur content of the fuel used shall be analyzed with each shipment using ASTM or 

Department approved methods. The sulfur analysis for the fuel may be conducted by the 

permittee or by the source where the fuel is purchased. When distillate oil is combusted, 

an annual statement from the fuel supplier that the sulfur content of the fuel oil does not 

exceed 0.0015% by weight will satisfy the analysis requirement. The permittee shall 

calculate sulfur dioxide emission rates from the sulfur content of the fuel using EPA 

emission factors or other methods approved by the Department. 

9) Once per month in which the emission unit is operated, a certified visible emissions reader 

shall conduct a formal visible emissions evaluation using EPA Reference Method 9. If 

the visible emissions evaluation indicates emissions to be less than or equal to the 

allowable opacity limit, the date, time and readings shall be recorded and no further action 

is required. 

If the visible emissions evaluation indicates emissions to be greater than the allowable 

opacity limit, the permittee must investigate the problem within eight hours. Any 

problems that are discovered must be corrected as soon as possible. If the correction of 

the emissions is expected to take longer than 24 hours, the permittee shall follow 

procedures as outlined in Condition 9.F. Following corrective maintenance, a formal 

visible emissions evaluation shall be made. 

All investigations of malfunctions and visible emissions shall be recorded. The permittee 

shall comply with the visible emissions and particulate emission limits and nothing in this 

condition shall be construed as authorizing otherwise. 

1 0) While this unit is vented to the electrostatic precipitator, the· permittee shall conduct 

periodic monitoring for the boiler as required by this permit. When emissions are vented 

to the relief vents (stacks) for these units, the permittee shall conduct periodic monitoring 

in accordance with Condition 6.B.9). 
Page _11_ of 4 7 

Permit No. T5-F76009 

11) For M1, M2, M3, M4, M6, M7, M12 and M13, the permittee shall conduct the monitoring, 

recordkeeping and reporting as required by the applicable subparts of 40 CFR 64 and 

monitoring shall be conducted in accordance with the applicable Compliance Assurance 

Monitoring (CAM) Plan in Attachment A of this permit. 

12) The monitoring shall be in accordance with the applicable requirements of 40 CFR 60, 

Performance Specification 11, and the Amendments to Standards of performance for New 

Stationary Sources: Monitoring Requirements, 69 Fed. Reg. 1786 (January 12, 2004). 

13) For EU 3 the quantity and type of fuel used for a calendar year shall be reported with the 

annual compliance certification report (Condition 8.D). Also, a tune-up on the auxiliary 

boiler (EU 3) shall be conducted once every 60 months per 40 CFR 63, Subpart DDDDD. 

14) For EU 5, EU 6, and EU 7 a monthly log shall be kept of the hours of operation for each 

unit. 

15) Conduct a tune-up on each existing coal fired boiler (EU 1 and EU 2) at least each 36 

calendar months, or each 48 calendar months if neural network combustion optimization 

software is employed, in accordance with 40 CFR 63, Subpart UUUUU (§ 63.10021(e)). 

7. Recordkeeping Requirements: 

A. The permittee shall maintain compliance monitoring records for all emission units as outlined in 

the Monitoring Records table that includes the following information. 

1) The date, place (as defined in the permit) and time of sampling or measurement. 

2) The date(s) testing was performed. 

3) The company, entity, or person that performed the testing. 

4) The testing techniques or methods used. 

5) The results of such testing. 

6) The operating conditions that existed at the time of sampling or measurement. 

Applicable Requirement: NDAC 33-15-14-06.5.a(3)(b)[1] 

B. In addition to requirements outlined in Condition 7.A, recordkeeping for Unit 1 and Unit 2 shall be 

in accordance with the applicable requirements of Chapter 33-15-06, Chapter 33-15-12 and 

Chapter 33-15-21 of the North Dakota Air Pollution Control Rules: 

1) Section 33-15-06-05 of the North Dakota Air Pollution Control Rules, Reporting and 

Recordkeeping Requirements (applicable to Unit 1 only). 

• 
Page _21_ of 4 7 

Permit No. T5-F76009 

2) Chapter 33-15-12, Subpart A, Section 60.7, Notification and Recordkeeping (applicable to 

Unit 2 only). 

3) Section 33-15-21-09 of the North Dakota Air Pollution Control Rules, Recordkeeping 

Requirements. 

Applicable Requirements: NDAC 33-15-06, 33-15-12 and 33-15-21 

Monitoring Records 

Pollutant/ Compliance 

Emission Unit Description EP Parameter Monitoring Record 

Babcock & Wilcox boiler 1 PMIPM10 PM CEMS Data and 

(Unit 1) Emissions Test Data 

so2 CEMS/CERMS Data 

NOx CEMS/CERMS Data 

HCl S02CEMS 

Hg CEMS 

Opacity Method 9 & PM CEMS/ Data 

C02 CEMData 

Flow Flow Monitor Data 

Babcock & Wilcox boiler 2 PM/PM10 PM CEMS Data and 

(Unit 2) Emissions Test Data 

so2 CEMS/CERMS Data 

NOx CEM/CERMS Data 

HCl S02CEMS 

Hg CEMS 

Opacity Method9&PM 

CEMS/CERMS Data 

C02 CEMS Data 

Flow Flow Monitor Data 

Cleaver Brooks auxiliary boiler 3 PM Type ofFuel Usage 
Emission Unit Description EP 

Caterpillar diesel engine (23 7 5 

bhp) 

Cummins diesel engine (190 6 

bhp) 

Cummins diesel engine (2,205 7 

bhp) 

Unit 1 crusher house and M1 

Conveyor 1C 

Unit 1 coal silos M2 

Unit 2 crusher house M3 

Unit 2 coal silos M4 

Unit 1 fly ash silo (vent) M5 

Unit 2 fly ash silo (vent) M6 

Unit 2 lime storage silo M7 

Unit 2 truck dump M9 

Unit 1 fly ash silo (rotary MlO 

unloader) 

Unit 2 fly ash silo (rotary Mll 

unloader) 

Water treatment plant lime M12 

storage silo 

Unit 1 Lime Storage Silo M13 

Pollutant/ 

Parameter 

so2 

Opacity 

HAP/Annual 

Capacity Factor 

co 

Opacity 

Hours 

co 

Opacity 

Hours 

Opacity 

Hours 

PM/PM10/0pacity 

PM/PM10/0pacity 

PM/PM1 of Opacity 

PM/PM1 of Opacity 

PM/ Opacity 

PM/PM10/0pacity 

PM/ Opacity 

PM/PM1o/Opacity 

PM/ Opacity 

PM/ Opacity 

PM/ Opacity 

PM/ Opacity 

Page _22._ of 4 7 

Permit No. T5-F76009 

Compliance 

Monitoring Record 

Type ofFuel Usage 

Fuel Oil Sulfur Content 

Type of Fuel Usage 

Fuel Quantity Used & 

Tune-up Records 

Initial Emissions Test Data & 

Maintenance Plans/Records 

Type of Fuel Usage 

Hours of Operation 

Initial Emissions Test Data & 

Maintenance Plans/Records 

Type of Fuel Usage 

Hours of Operation 

Type of Fuel Usage 

Hours of Operation 

CAM Data 

CAM Data 

CAM Data 

CAM Data 

O&MData/ 

VE Evaluation Data 

O&MData/ 

VE Evaluation Data 

CAM Data 

CAM Data 

VE Evaluation Data 

VE Evaluation Data 

VE Evaluation Data 

CAM Data 

CAM Data 
Page __2_Q_ of 47 

Permit No. T5-F76009 

C. The permittee shall retain records of all required monitoring data and support information for a 

period of at least five years from the date of the monitoring sample, measurement, report, or 

application. Support information includes all calibration and maintenance records and all original 

strip-chart recordings/computer printouts for continuous monitoring instrumentation, and copies 

of all reports required by the permit. 

Applicable Requirement: NDAC 33-15-14-06-5.a(3)(b)[2] 

D. The permittee shall retain and instruct their contractors and agents to preserve, all non-identical 

copies of all records and documents (including records and documents in electronic form) that 

directly relate to the permittees' performance of their obligations under the Consent Decree, until 

December 31, 2020. 

E. Recordkeeping for EPs M1, M2, M3, M4, M6, M7, M12 and M13 shall be in accordance with 40 

CFR 64, Section 64.9 - Reporting and Recordkeeping Requirements, Paragraph (b), General 

Recordkeeping Requirements. 

Applicable Requirement: NDAC 33-15-14-06.10 

8. Reporting: 

A. For Unit 1 and Unit 2, reporting shall be in accordance with the following applicable requirements 

of Chapter 33-15-06, Chapter 33-15-12 and Chapter 33-15-21 of the North Dakota Air Pollution 

Control Rules. 

1) Section 33-15-06-05 of the North Dakota Air Pollution Control Rules, Reporting and 

Recordkeeping Requirements (applicable to Unit 1 only). 

2) 40 CFR, Subpart A, Section 60.7, Notification and Recordkeeping (applicable to Unit 2 

only). 

3) Section 33-15-21-09 of the North Dakota Air Pollution Control Rules, Reporting 

Requirements. 

4) Quarterly excess emission reports for Unit 1 and Unit 2 shall be submitted by the 30th day 

following the end of each calendar quarter. Excess emissions are defined as emissions 

which exceed the emission limits for Unit 1 and Unit 2 outlined in Condition 4. Excess 

emissions for Unit 1 and Unit 2 shall be reported for the following: 

Parameter 

Particulate lb/1 06 Btu 

so2 lb/1 06 Btu 

S02lblhr 

so2 % removal 

Reporting Period 

3-hour rolling average & 30 bodra 

3-hour rolling average, 

30-day rolling average, & 30 bodra 

3-hour rolling average 

30-day rolling average 
NOxlb/106 Btu 

NOx lb/hr (startup) 

HG lb/1 012Btu 

30-day rolling average 

24-hour rolling average 

30 bodra 

Page _]J_ of 4 7 

Permit No. T5-F76009 

Applicable Requirements: NDAC 33-15-06, 33-15-12 and NDAC 33-15-21 

B. Reporting for EPs M1, M2, M3, M4, M6, M7, M12 and M13 shall be in accordance with 40 CPR 

64, Section 64.9- Reporting and Recordkeeping Requirements, Paragraph (a) General Reporting 

Requirements. 

Applicable Requirement: NDAC 33-15-14-06.10 

C. The permittee shall submit a semi-annual monitoring report for all monitoring records required 

under Condition 7 on forms supplied or approved by the Department. All instances of deviations 

from the permit must be identified in the report. A monitoring report shall be submitted within 45 

days after June 30 and December 31 of each year. 

Applicable Requirements: NDAC 33-15-14-06.5.a(3)(c)[1] and [2] 

D. The permittee shall submit an annual compliance certification report within 45 days after 

December 31 of each year on forms supplied or approved by the Department. For EU 3, the 

permittee shall submit an annual fuel use report with the annual compliance certification report. 

The annual fuel use report shall include the quantity and type of fuel used during the previous 

calendar year. 

Applicable Requirements: NDAC 33-15-14-06.5.c(5) and NDAC 33-15-22-03, Subpart 

DDDDD 

E. For emission units where the method of compliance monitoring is demonstrated by an EPA Test 

Method or a portable analyzer test, the test report shall be submitted to the Department within 60 

days after compliance of the test. 

Applicable Requirement: NDAC 33-15-14-06-5.a(6)(e) 

F. The permittee shall submit an annual emission inventory report on forms supplied or approved by 

the Department. This report shall be submitted by March 15 of each calendar year. Insignificant 

units/activities listed in this permit do not need to be included in the report. 

Applicable Requirements: NDAC 33-15-14-06-5.a(7) and NDAC 33-15-23-04 

G. Periodic Reporting 

1) On a semi-annual basis until December 31, 2020, and in addition to any other express 

reporting requirement in the Consent Decree, the permittee shall submit to EPA and the 

Department a progress report, containing: • 
Page~ of 47 

Permit No. T5-F76009 

a) all information necessary to determine compliance with the Consent Decree, 

including but not limited to information required to be included in the reports 

pursuant to Paragraphs 49, 55, 56, 70 and 99 of the Consent Decree; and 

b) all information indicating that the installation and commencement of operation for 

a pollution control device may be delayed, including the nature and cause of the 

delay, and any steps taken by the permittee to mitigate such delay. 

2) In any periodic progress report submitted pursuant to this condition, the permittee may 

incorporate by reference information previously submitted under their Title V permitting 

requirements, provided that the permittee attaches the Title V permit report (or pertinent 

portions of such report) and provides a specific reference to the provisions of the Title V 

permit report that are responsive to the information required in the periodic progress report. 

3) In addition to the progress reports required pursuant to this condition, the permittee shall 

provide a written report to the U.S. Environmental Protection Agency and the Department 

of any violation of the requirements of the Consent Decree, including exceedances of the 

30-day rolling average removal efficiencies, 30-day rolling average emission rates, PM 

emission rates, and plant-wide tonnage limits within ten (1 0) business days of when the 

permittee knew or should have known of any such violation. In this report, the permittee 

shall explain the cause or causes of the violation and all measures taken or to be taken by 

the permittee to prevent such violations in the future. Exceedances of the PM emission 

rates shall be reported within forty-five ( 45) days of the completion of the stack test that 

demonstrates such non-compliance. In this report, the permittee shall explain the cause or 

causes of the violation and all measures taken or to be taken by the permittee to prevent 

such violations in the future. 

4) Each report shall be signed by the permittee's Environmental Manager or, in his or her 

absence, the permittee's Vice President of Generation, or higher ranking official, and shall 

contain the following certification: 

This information was prepared either by me or under my direction or supervision in 

accordance with a system designed to assure that qualified personnel properly 

gather and evaluate the information submitted. Based on my evaluation, or the 

direction and my inquiry of the person(s) who manage the system, or the person(s) 

directly responsible for gathering information, I hereby certify under penalty oflaw 

that, to the best of my knowledge and belief, this information is true, accurate and 

complete. I understand that there are significant penalties for submitting false, 

inaccurate, or incomplete information to the United States and/or the Department. 

Applicable Requirement: PTC12003 
9. Facility Wide Operating Conditions: 

A. Ambient Air Quality Standards: 

Page _1_2__ of 4 7 

Permit No. T5-F76009 

1) Particulate and gases. The permittee shall not emit air contaminants in such a manner or 

amount that would violate the standards of ambient air quality listed in Table 1 ofNDAC 

33-15-02 at any place beyond the premises on which the source is located. 

2) Radioactive substances. The permittee shall not release into the ambient atr any 

radioactive substances exceeding the concentrations specified in NDAC 33-10. 

3) Other air contaminants. The permittee shall not emit any other air contaminants in 

concentrations that would be injurious to human health or well-being or unreasonably 

interfere with the enjoyment of property or that would injure plant or animal life. 

4) Disclaimer. Nothing in any other part or section of this permit may in any manner be 

construed as authorizing or legalizing the emission of air contaminants in such manner that 

would violate the standards in Paragraphs 1), 2) and 3) of this condition. 

Applicable Requirement: NDAC 33-15-02-04 

B. Fugitive Emissions: The release of fugitive emissions shall comply with the applicable 

requirements in NDAC 33-15-17. 

Applicable Requirement: NDAC 33-15-17 

C. Open Burning: The permittee may not cause, conduct, or permit open burning of refuse, trade 

waste, or other combustible material, except as provided for in section 33-15-04-02 and may not 

conduct, cause, or permit the conduct of a salvage operation by open burning. Any permissible 

open burning under NDAC 33-15-04-02 must comply with the requirements of that section. 

Applicable Requirement: NDAC 33-15-04 

D. Asbestos Renovation or Demolition: Any asbestos renovation or demolition at the facility shall 

comply with emission standard for asbestos in NDAC 33-15-13. 

Applicable Requirement: NDAC 33-15-13-02 

E. Requirements for Organic Compounds Gas Disposal: 

1) The owner/operator shall incinerate, flare or treat in an equally effective manner any 

organic compounds, gases and vapors which are generated as wastes as the result of 

storage, refining, or process operations and which contain hydrogen sulfide before being 

released to the ambient air. 
Page _]Q_ of 47 

Permit No. T5-F76009 

2) Each flare must be equipped and operated with an automatic ignitor or a continuous 

burning pilot. 

Applicable Requirement: NDAC 33-15-07-02 

F. Rotating Pumps and Compressors: All rotating pumps and compressors handling volatile 

organic compounds must be equipped and operated with properly maintained seals designed for 

their specific product service and operating conditions. 

Applicable Requirement: NDAC 33-15-07-01.5 

G. Shutdowns/Malfunction/Continuous Emission Monitoring System Failure: 

1) Maintenance Shutdowns. In the case of shutdown of air pollution control equipment for 

necessary scheduled maintenance, the intent to shut down such equipment shall be reported 

to the Department at least twenty-four hours prior to the planned shutdown provided that 

the air contaminating source will be operated while the control equipment is not in service. 

Such prior notice shall include the following: 

a) Identification of the specific facility to be taken out of service as well as its location 

and permit number. 

b) The expected length of time that the air pollution control equipment will be out of 

service. 

c) The nature and estimated quantity of emissions of air pollutants likely to be emitted 

during the shutdown period. 

d) Measures, such as the use of off-shift labor and equipment that will be taken to 

minimize the length of the shutdown period. 

e) The reasons that it would be impossible or impractical to shutdown the source 

operation during the maintenance period. 

f) Nothing in this subsection shall in any manner be construed as authorizing or 

legalizing the emission of air contaminants in excess of the rate allowed by this 

article or a permit issued pursuant to this article. 

Applicable Requirement: NDAC 33-15-01-13.1 

2) Malfunctions. 

a) When a malfunction in any installation occurs that can be expected to last longer 

than twenty-four hours and cause the emission of air contaminants in violation of 

this article or other applicable rules and regulations, the person responsible for such 

installation shall notify the Department of such malfunction as soon as possible 
Page _ll_ of 47 

Permit No. T5-F76009 

during normal working hours. The notification must contain a statement giving all 

pertinent facts, including the estimated duration of the breakdown. The 

Department shall be notified when the condition causing the malfunction has been 

corrected. 

b) Notification in writing to EPA and the Department is required for each malfunction 

lasting longer than twenty-four hours which impacts a pollution control technology 

required by this permit. The permittee submit the notification as soon as 

practicable, but in no event later than fourteen ( 14) business days following the date 

that the permittee first knew or by the exercise of due diligence should have known 

of the malfunction. The notice shall include the expected time that the 

malfunction may persist, the cause or causes of the malfunction, and the schedule 

by which the permittee proposes to implement those measures. 

c) Immediate notification to the Department is required for any malfunction that 

would threaten health or welfare, or pose an imminent danger. During normal 

working hours the Department can be contacted at 701-328-5188. After hours the 

Department can be contacted through the twenty-four-hour state radio emergency 

number 1-800-472-2121. If calling from out of state, the twenty-four-hour 

number is 701-328-9921. 

d) Unavoidable Malfunction. The owner or operator of a source who believes any 

excess emissions resulted from an unavoidable malfunction shall submit a written 

report to the Department which includes evidence that: 

[1] The excess emissions were caused by a sudden, unavoidable breakdown of 

technology that was beyond the reasonable control of the owner or operator. 

[2] The excess emissions could not have been avoided by better operation and 

maintenance, did not stem from an activity or event that could have been 

foreseen and avoided, or planned for. 

[3] To the extent practicable, the source maintained and operated the air 

pollution control equipment and process equipment in a manner consistent 

with good practice for minimizing emissions, including minimizing any 

bypass emissions. 

[4] Any necessary repairs were made as quickly as practicable, using off-shift 

labor and overtime as needed and possible. 

[ 5] All practicable steps were taken to minimize the potential impact of the 

excess emissions on ambient air quality. 

[ 6] The excess emissions are not part of a recurring pattern that may have been 

caused by inadequate operation or maintenance, or inadequate design of the 

malfunctioning equipment. 
Page __l2_ of 4 7 

Permit No. T5-F76009 

The report shall be submitted within thirty days of the end of the calendar 

quarter in which the malfunction occurred or within thirty days of a written 

request by the Department, whichever is sooner. 

The burden of proof is on the owner or operator of the source to provide 

sufficient information to demonstrate that an unavoidable equipment 

malfunction occurred. The Department may elect not to pursue 

enforcement action after considering whether excess emissions resulted 

from an unavoidable equipment malfunction. The Department will 

evaluate, on a case-by-case basis, the information submitted by the owner 

or operator to determine whether to pursue enforcement action. 

Applicable Requirement: NDAC 33-15-01-13.2 

3) Continuous Emission Monitoring System Failures. When a failure of a continuous 

emission monitoring system occurs, an alternative method for measuring or estimating 

emissions must be undertaken as soon as possible. The owner or operator of a source that 

uses an alternative method shall have the burden of demonstrating that the method is 

accurate. Timely repair of the emission monitoring system must be made. The 

provisions of this subsection do not apply to sources that are subject to monitoring 

requirements in Chapter 33-15-21 (40 CFR 75, Acid Rain Program). 

Applicable Requirement: NDAC 33-15-01-13.3 

H. Noncompliance Due to an Emergency: The permittee may seek to establish that 

noncompliance with a technology-based emission limitation under this permit was due to an 

emergency. To do so, the permittee shall demonstrate the affirmative defense of emergency 

through properly signed, contemporaneous operating logs, or other relevant evidence that: 

1) An emergency occurred and that the permittee can identify the cause(s) of the emergency; 

2) The permitted facility was at the time being properly operated; 

3) During the period of the emergency the permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emissions standards, or other requirements in this 

permit; and 

4) The permittee submitted notice of the emergency to the Department within one working 

day of the time when emission limitations were exceeded longer than 24-hours due to the 

emergency. This notice must contain a description of the emergency, any steps taken to 

mitigate emissions, and corrective actions taken. Those emergencies not reported within 

one working day, as well as those that were, will be included in the semi-annual report. 

5) In any enforcement proceeding, the permittee seeking to establish the occurrence of an 

emergency has the burden of proof. 
Page .J.l_ of 4 7 

Permit No. T5-F76009 

a) Technology-based emission limits are those established on the basis of emission 

reductions achievable with various control measures or process changes (e.g., a 

New Source Performance Standard) rather than those established to attain a health 

based air quality standard. 

b) An "emergency" means any situation arlSlng from sudden and reasonably 

unforeseeable events beyond the control of this source, including acts of God, 

which requires immediate corrective action to restore normal operation, and that 

causes this source to exceed a technology-based emission limitation under this 

permit, due to unavoidable increases in emissions attributable to the emergency. 

An emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper 

operation, or operator error. 

Applicable Requirement: NDAC 33-15-14-06.5.g 

I. Air Pollution from Internal Combustion Engines: The permittee shall comply with all 

applicable requirements ofNDAC 33-15-08-01- Internal Combustion Engine Emissions 

Restricted. 

Applicable Requirement: NDAC 33-15-08-01 

J. Prohibition of Air Pollution: 

1) The permittee shall not permit or cause air pollution, as defined in NDAC 33-15-01-04. 

2) Nothing in any other part of this permit or any other regulation relating to air pollution shall 

in any manner be construed as authorizing or legalizing the creation or maintenance of air 

pollution. 

Applicable Requirement: NDAC 33-15-01-15 

K. Performance Tests: 

1) The Department may reasonably require the permittee to make or have made tests, at a 

reasonable time or interval, to determine the emission of air contaminants from any source, 

for the purpose of determining whether the permittee is in violation of any standard or to 

satisfy other requirements of NDCC 23-25. All tests shall be made and the results 

calculated in accordance with test procedures approved or specified by the Department 

including the North Dakota Department of Health Emission Testing Guideline. All tests 

shall be conducted by reputable, qualified personnel. The Department shall be given a 

copy of the test results in writing and signed by the person responsible for the tests. 

2) The Department may conduct tests of emissions of air contaminants from any source. 

Upon request of the Department, the permittee shall provide necessary holes in stacks or 

ducts and such other safe and proper sampling and testing facilities, exclusive of 
Page _21_ of 4 7 

Permit No. T5-F76009 

instruments and sensing devices, as may be necessary for proper determination of the 

emission of air contaminants. 

Applicable Requirement: NDAC 33-15-01-12 

3) Except for sources subject to 40 CFR 63, the permittee shall notify the Department by 

submitting a Proposed Test Plan, or its equivalent, at least 30 calendar days in advance of 

any tests of emissions of air contaminants required by the Department. The permittee 

shall notify the Department at least 60 calendar days in advance of any performance testing 

required under 40 CFR 63. If the permittee is unable to conduct the performance test on 

the scheduled date, the permittee shall notify the Department as soon as practicable when 

conditions warrant, and shall coordinate a new test date with the Department. 

Failure to give the proper notification may prevent the Department from observing 

the test. If the Department is unable to observe the test because of improper 

notification, the test results may be rejected. 

Applicable Requirements: NDAC 33-15-14-06.5.a(3)(a), NDAC 33-15-12-02 Subpart A (40 

CFR 60.8), NDAC 33-15-13-01.2 Subpart A (40 CFR 61.13), NDAC 33-15-22-03 Subpart A 

(40 CFR 63.7) 

L. Pesticide Use and Disposal: Any use of a pesticide or disposal of surplus pesticides and empty 

pesticide containers shall comply with the requirements in NDAC 33-15-10. 

Applicable Requirements: NDAC 33-15-10-01 and NDAC 33-15-10-02 

M. Air Pollution Emergency Episodes: When an air pollution emergency episode is declared by 

the Department, the permittee shall comply with the requirements in NDAC 33-15-11. 

Applicable Requirements: NDAC 33-15-11-01 through NDAC 33-15-11-04 

N. Stratospheric Ozone Protection: The permittee shall comply with any applicable standards for 

recycling and emissions reduction pursuant to 40 CFR 82, Subpart F, except as provided for 

MV ACs in Subpart B: 

1) Persons opening appliances for maintenance, service, repair, or disposal must comply with 

the required practices pursuant to Section 82.156. 

2) Equipment used during the maintenance, service, repair, or disposal of appliances must 

comply with the standards for recycling and recovery equipment pursuant to Section 

82.158. 

3) Persons performing maintenance, service, repair, or disposal of appliances must be 

certified by an approved technician certification program pursuant to Section 82.161. 
Page _]2_ of 4 7 

Permit No. T5-F76009 

4) Persons owning commercial or industrial process refrigeration equipment must comply 

with the leak repair requirements pursuant to Section 82.156. 

Applicable Requirement: 40 CFR 82 

0. Chemical Accident Prevention: The permittee shall comply with all applicable requirements of 

Chemical Accident Prevention pursuant to 40 CFR 68. The permittee shall comply with the 

requirements of this part no later than the latest of the following dates: 

1) Three years after the date on which a regulated substance is first listed under this part; or 

2) The date on which a regulated substance is first present above a threshold quantity _in a 

process. 

Applicable Requirement: 40 CFR 68 

P. Air Pollution Control Equipment: The permittee shall maintain and operate air pollution 

control equipment in a manner consistent with good air pollution control practice for minimizing 

emissions. The manufacturer's recommended Operations and Maintenance (O&M) procedures, 

or a site-specific O&M procedure developed from the manufacturer's recommended O&M 

procedures, shall be followed to assure proper operation and maintenance of the equipment. The 

permittee shall have the O&M procedures available onsite and provide the Department with a copy 

when requested. 

Applicable Requirement: NDAC 33-15-14-06.5.b(1) 

Q. Prevention of Significant Deterioration of Air Quality (40 CFR 52.21 as incorporated by 

NDAC Chapter 33-15-15): If this facility is classified as a major stationary source under the 

Prevention of Significant Deterioration of Air Quality (PSD) rules, a Permit to Construct must be 

obtained from the Department for any project which meets the definition of a "major 

modification" under 40 CFR 52.21 (b )(2). 

If this facility is classified as a major stationary source under the PSD rules and the permittee elects 

to use the method specified in 40 CFR 52.21(b)(41)(ii)(a) through (c) for calculating the projected 

actual emissions of a proposed project, then the permittee shall comply with all applicable 

requirements of 40 CFR 52.21(r)(6). 

Applicable Requirement: NDAC 33-15-15-01.2 

10. General Conditions: 

A. Annual Fee Payment: The permittee shall pay an annual fee, for administering and monitoring 

compliance, which is determined by the actual annual emissions of regulated contaminants from 

the previous calendar year. The Department will send a notice, identifying the amount of the 

annual permit fee, to the permittee of each affected installation. The fee is due within sixty days 

following the date of such notice. Any source that qualifies as a "small business" may petition the 
Page _]_§.__ of 4 7 

Permit No. T5-F76009 

Department to reduce or exempt any fee required under this section. Failure to pay the fee in a 

timely manner or submit a certification for exemption may cause this Department to initiate action 

to revoke the permit. 

Applicable Requirements: NDAC 33-15-14-06.5.a(7) and NDAC 33-15-23-04 

B. Permit Renewal and Expiration: This permit shall be effective from the date of its issuance for 

a fixed period of 5 years. The permittee's right to operate this source terminates with the 

expiration of this permit unless a timely and complete renewal application is submitted at least six 

months, but no more than eighteen months, prior to the date of permit expiration. The 

Department shall approve or disapprove the renewal application within sixty days of receipt. 

Unless the Department requests additional information or otherwise notifies the applicant of 

incompleteness, the application shall be deemed complete. For timely and complete renewal 

applications for which the Department has failed to issue or deny the renewal permit before the 

expiration date of the previous permit, all terms and conditions of the permit, including any permit 

shield previously granted shall remain in effect until the renewal permit has been issued or denied. 

The application for renewal shall include the current permit number, description of any permit 

revisions and off-permit changes that occurred during the permit term, and any applicable 

requirements that were promulgated and not incorporated into the permit during the permit term. 

Applicable Requirements: NDAC 33-15-14-06.4 and NDAC 33-15-14-06.6 

C. Transfer of Ownership or Operation: This permit may not be transferred except by procedures 

allowed in Chapter 33-15-14 and is to be returned to the Department upon the destruction or 

change of ownership of the source unit(s), or upon expiration, suspension or revocation of this 

permit. A change in ownership or operational control of a source is treated as an administrative 

permit amendment if no other change in the permit is necessary and provided that a written 

agreement containing a specific date for transfer of permit responsibility, coverage, and liability 

between the current and new permittee has been submitted to the Department. 

Applicable Requirement: NDAC 33-15-14-06.6.d 

D. Property Rights: This permit does not convey any property rights of any sort, or any exclusive 

privilege. 

Applicable Requirement: NDAC 33-15-14-06.5.a(6)(d) 

E. Submissions: 

1) Reports, test data, monitoring data, notifications, and requests for renewal shall be 

submitted to: 

North Dakota Department of Health 

Division of Air Quality 

918 E Divide A venue, 2nd Floor 

Bismarck, ND 58501-1947 

2) Any document submitted shall be certified as being true, accurate, and complete by a 

responsible official. 

• 
Applicable Requirement: NDAC 33-15-14-06.4.d 

Page _]]_ of 4 7 

Permit No. T5-F76009 

F. Right of Entry: Any duly authorized officer, employee or agent of the North Dakota Department 

of Health may enter and inspect any property, premise or place listed on this permit or where 

records are kept concerning this permit at any reasonable time for the purpose of ascertaining the 

state of compliance with this permit and the North Dakota Air Pollution Control Rules. The 

Department may conduct tests and take samples of air contaminants, fuel, processing material, and 

other materials which affect or may affect emissions of air contaminants from any source. The 

Department shall have the right to access and copy any records required by the Department's rules 

and to inspect monitoring equipment located on the premises. 

Applicable Requirements: NDAC 33-15-14-06.5.c(2) and NDAC 33-15-01-06 

G. Compliance: The permittee must comply with all conditions of this permit. Any 

noncompliance with a federally-enforceable permit condition constitutes a violation of the Federal 

Clean Air Act. Any noncompliance with any State enforceable condition of this permit 

constitutes a violation ofNDCC Chapter 23-25 and NDAC 33-15. Violation of any condition of 

this permit is grounds for enforcement action, for permit termination, revocation and reissuance or 

modification, or for denial of a permit renewal application. Noncompliance may also be grounds 

for assessment of penalties under the NDCC 23-25. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in 

order to maintain compliance with the conditions of this permit. 

Applicable Requirements: NDAC 33-15-14-06.5.a(6)(a) and NDAC 33-15-14-06.5.a(6)(b) 

H. Duty to Provide Information: The permittee shall furnish to the Department, within a 

reasonable time, any information that the Department may request in writing to determine whether 

cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine 

compliance with the permit. This includes instances where an alteration, repair, expansion, or 

change in method of operation of the source occurs. Upon request, the permittee shall also 

furnish to the Department copies of records that the permittee is required to keep by this permit, or 

for information claimed to be confidential, the permittee may furnish such recourse directly to the 

Department along with a claim of confidentiality. The permittee, upon becoming aware that any 

relevant facts were omitted or incorrect information was submitted in the permit application, shall 

promptly submit such supplementary facts or corrected information. Items that warrant 

supplemental information submittal include, but are not limited to, changes in the ambient air 

boundary and changes in parameters associated with emission points (i.e., stack parameters). The 

permittee shall also provide additional information as necessary to address any requirements that 

become applicable to the source after the date a complete renewal application was submitted but 

prior to release of a draft permit. 

I. 

Applicable Requirements: NDAC 33-15-14-06.5.a(6)(e), NDAC 33-15-14-06.6.b(3) and NDAC 

33-15-14-06.4.b 

Reopening for Cause: The Department will reopen and revise this permit as necessary to 

remedy deficiencies in the following circumstances: II 
Page .J.l_ of 4 7 

Permit No. T5-F76009 

1) Additional applicable requirements under the Federal Clean Air Act become applicable to 

the permittee with a remaining permit term of three or more years. Such a reopening shall 

be completed not later than eighteen months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the requirement is later 

than the expiration date of this permit. 

2) The Department or the United States Environmental Protection Agency determines that 

this permit contains a material mistake or inaccurate statements were made in establishing 

the emissions standards or other terms or conditions of this permit. 

Applicable Requirement: NDAC 33-15-14-06.6.f(1)(c) 

3) The Department or the United States Environmental Protection Agency determines that the 

permit must be revised or revoked to assure compliance with the applicable requirements. 

4) Reopenings shall not be initiated before a notice of intent to reopen is provided to the 

permittee by the Department at least 30 days in advance of the date that this permit is to be 

reopened, except that the Department may provide a shorter time period in the case of an 

emergency. Proceedings to reopen and issue this permit shall follow the same procedures 

as apply to initial permit issuance and shall affect only those parts of this permit for which 

cause to reopen exists. Such reopening shall be made as expeditiously as practicable. 

Applicable Requirement: NDAC 33-15-14-06.6.f 

J. Permit Changes: The permit may be modified, revoked, reopened, arid reissued or terminated 

for cause. The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance 

does not stay any permit condition. 

Applicable Requirement: NDAC 33-15-14-06.5.a(6)(c) 

K. Off-Permit Changes: A permit revision is not required for changes that are not addressed or 

prohibited by this permit, provided the following conditions are met: 

1) No such change may violate any term or condition of this permit. 

2) Each change must comply with all applicable requirements. 

3) Changes under this provision may not include changes or activities subject to any 

requirement under Title IV that are modifications under any provision of Title I of the 

Federal Clean Air Act. 

4) A Permit to Construct under NDAC 33-15-14-02 has been issued, if required. 

5) Before the permit change is made, the permittee must provide written notice to both the 

Department and Air Program (8P-AR), Office of Partnerships & Regulatory Assistance, 

US EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, except for changes 

that qualify as insignificant activities in Section 33-15-14-06. This notice shall describe 
Page _l2_ of 4 7 

Permit No. T5-F76009 

each change, the date of the change, any change in emissions, pollutants emitted, and any 

applicable requirement that would apply as a result. 

6) The permittee shall record all changes that result in emissions of any regulated air pollutant 

subject to any applicable requirement not otherwise regulated under this permit, and the 

emissions resulting from those changes. The record shall reside at the permittee's facility. 

Applicable Requirement: NDAC 33-15-14-06.6.b(3) 

L. Administrative Permit Amendments: This permit may be revised through an administrative 

permit amendment, if the revision to this permit accomplishes one of the following: 

1) Corrects typographical errors. 

2) Identifies a change in the name, address or phone number of any person identified in this 

permit, or provides a similar minor administrative change at the source. 

3) Requires more frequent monitoring or reporting by the permittee. 

4) Allows for a change in ownership or operational control of the source where the 

Department determines that no other change in the permit is necessary, provided that a 

written agreement containing a specific date for transfer of permit responsibility, coverage 

and liability between the current and new permittee has been submitted to the Department. 

5) Incorporates into the Title V permit the requirements from a Permit to Construct when the 

review was substantially equivalent to Title V requirements for permit issuance, renewal, 

reopenings, revisions and permit review by the United States Environmental Protection 

Agency and affected state review, that would be applicable to the change if it were subject 

to review as a permit modification and compliance requirements substantially equivalent to 

Title V requirements for permit content were contained in the Permit to Construct. 

6) Incorporates any other type of change which the Administrator of the United States 

Environmental Protection Agency has approved as being an administrative permit 

amendment as part of the Department's approved Title V operating permit program. 

Applicable Requirement: NDAC 33-15-14-06.6.d 

M. Minor Permit Modification: This permit may be revised by a minor permit modification, if the 

proposed permit modification meets the following requirements: 

1) Does not violate any applicable requirement. 

2) Does not involve significant changes to existing monitoring, reporting, or recordkeeping 

requirements in this permit. 

3) Does not require or change a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis. 
Page _±Q__ of 4 7 

Permit No. T5-F76009 

4) Does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed to avoid 

an applicable requirement to which the source would otherwise be subject. Such terms 

and conditions include a federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the Federal Clean Air Act; 

and alternative emissions limit approved pursuant to regulations promulgated under 

Section 112(i)(5) of the Federal Clean Air Act. 

5) Are not modifications under NDAC 33-15-12, 33-15-13, and 33-15-15 or any provision of 

Title I of the Federal Clean Air Act. 

6) Are not required to be processed as a significant modification. 

Applicable Requirement: NDAC 33-15-14-06.6.e(l) 

N. Significant Modifications: 

1) Significant modification procedures shall be used for applications requesting permit 

modifications that do not qualify as minor permit modifications or as administrative 

amendments. Every significant change in existing monitoring permit terms or conditions 

and every relaxation of reporting or recordkeeping permit terms or conditions shall be 

considered significant. Nothing therein shall be construed to preclude the permittee from 

making changes consistent with this subsection that would render existing permit 

compliance terms and conditions irrelevant. 

2) Significant permit modifications shall meet all Title V requirements, including those for 

applications, public participation, review by affected states, and review by the United 

States Environmental Protection Agency, as they apply to permit issuance and permit 

renewal. The Department shall complete review of significant permit modifications 

within nine months after receipt of a complete application. 

Applicable Requirement: NDAC 33-15-14-06.6.e(3) 

0. Operational Flexibility: The permittee is allowed to make a limited class of changes within the 

permitted facility that contravene the specific terms of this permit without applying for a permit 

revision, provided the changes do not exceed the emissions allowable under this permit, are not 

Title I modifications and a Permit to Construct is not required. This class of changes does not 

include changes that would violate applicable requirements; or changes to federally-enforceable 

permit terms or conditions that are monitoring, recordkeeping, reporting, or compliance 

certification requirements. 

The permittee is required to send a notice to both the Department and Air Program (8P-AR), 

Office of Partnerships & Regulatory Assistance, US EPA Region 8, 1595 Wynkoop Street, 

Denver, CO 80202-1129, at least seven days in advance of any change made under this provision. 

The notice must describe the change, when it will occur and any change in emissions, and identify 

any permit terms or conditions made inapplicable as a result of the change. The permittee shall 

attach each notice to its copy of this permit. Any permit shield provided in this permit does not 

apply to changes made under this provision. 
Applicable Requirement: NDAC 33-15-14-06.6.b(2) 

Page _iL of 4 7 

Permit No. T5-F76009 

P. Relationship to Other Requirements: Nothing in this permit shall alter or affect the following: 

1) The provisions of Section 303 of the Federal Clean Air Act (emergency orders), including 

the authority of the administrator of the United States Environmental Protection Agency 

under that section. 

2) The liability of an owner or operator of a source for any violation of applicable 

requirements prior to or at the time of permit issuance. 

3) The ability of the United States Environmental Protection Agency to obtain information 

from a source pursuant to Section 114 of the Federal Clean Air Act. 

4) , Nothing in this permit shall relieve the permittee of the requirement to obtain a Permit to 

Construct. 

Applicable Requirements: NDAC 33-15-14-06.3 and NDAC 33-15-14-06.5.f(3)(a), (b) 

and (d) 

Q. Severability Clause: The provisions of this permit are severable, and if any provision of this 

permit, or the application of any provision of this permit to any circumstance, is held invalid, the 

application of such provision to other circumstances, and the remainder of this permit, shall not be 

affected thereby. 

Applicable Requirement: NDAC 33-15-14-06.5.a(5) 

R. Circumvention: The permittee shall not cause or permit the installation or use of any device of 

any means which conceals or dilutes an emission of air contaminants which would otherwise 

violate this permit. 

Applicable Requirement: NDAC 33-15-01-08 

11. Phase II Acid Rain Provisions: 

Affected Source Unit: 

Milton R. Young Station 

Oris Plant Code: 2823 

Boiler ID: B 1 and B2 

This section incorporates the definition of terms in NDAC Chapter 33-15-21 by reference. 

A. Permit Requirements: 

1) The designated representative of each affected source and each affected unit at the source 

shall: 
Page __12_ of 4 7 

Permit No. T5-F76009 

a) Submit a complete Acid Rain permit application (including a compliance plan) 

under 40 CFR 72 in accordance with the deadlines specified in NDAC 

33-15-14-06.4 and 40 CFR 72.30, including application for permit renewal; and 

b) Submit in a timely manner any supplemental information that the North Dakota 

Department of Health, Division of Air Quality determines is necessary in order to 

review an Acid Rain permit application and issue or deny an Acid Rain permit. 

2) The owners and operators of each affected source and each affected unit at the source shall: 

a) Operate the unit in compliance with a complete Acid Rain permit application 

including any application for permit renewal or a superseding Acid Rain permit 

issued by the North Dakota Department of Health, Division of Environmental 

Engineering, Air Pollution Control Program and 

b) Have an Acid Rain permit. 

Applicable Requirement: NDAC 33-15-21-01.6.a.(2) 

B. Monitoring Requirements: 

1) The owners and operators and, to the extent applicable, designated representative of each 

affected source and each affected unit at the source shall comply with the monitoring 

requirements as provided in 40 CFR 74, 75, and 76. 

2) The emissions measurements recorded and reported in accordance with 40 CFR 75 shall be 

used to determine compliance by the unit with the Acid Rain emissions limitations and 

emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid 

Rain Program. 

3) The requirements of 40 CFR 74 and 75 shall not affect the responsibility of the owners and 

operators to monitor emissions of other pollutants or other emissions characteristics at the 

unit under other applicable requirements of the Federal Clean Air Act and other provisions 

of the operating permit for the source. 

Applicable Requirement: NDAC 33-15-21-01.6.b 

C. Sulfur Dioxide Requirements: 

1) The owners and operators of each source and each affected unit at the source shall: 

a) Hold allowances, as of the allowance transfer deadline, in the units compliance 

subaccount (after deductions under 40 CFR 73.34(c)) not less than the total annual 

emissions of sulfur dioxide for the previous calendar year from the unit; and 

b) Comply with the applicable Acid Rain emissions limitations for sulfur dioxide. 

• 
Page __11_ of 4 7 

Permit No. T5-F76009 

2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for 

sulfur dioxide shall constitute a separate violation of the Federal Clean Air Act. 

3) Allowances shall be held in, deducted from, or transferred among Allowance Tracking 

System accounts in accordance with the Acid Rain Program. 

4) An allowance shall not be deducted in order to comply with the requirements under 

Condition C.(1)(a) of this permit prior to the calendar year for which the allowance was 

allocated. 

5) An allowance allocated by the Administrator under the Acid Rain Program is a limited 

authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No 

provision of the Acid Rain Program, the Acid Rain permit application, this Permit, or the 

written exemption under 40 CFR 72.7 and 72.8 and no provision oflaw shall be construed 

to limit the authority of the United States to terminate or limit such authorization. 

6) An allowance allocated by the Administrator under the Acid Rain Program does not 

constitute a property right. 

Applicable Requirement: NDAC 33-15-21-01.6.c 

D. Nitrogen Oxides Requirements: 

1) NOx Emission Limitations: The owner or operator shall not discharge, or allow to be 

discharged, emissions ofNOx to the atmosphere in excess of the following: 

Boiler ID 

B1 

B2 

* annual average 

NOx 

Limitation 

0.86 lb/1 06 Btu* 

0.86 lb/1 06 Btu* 

The owner/operator shall also comply with the duty under 40 CFR 76.9( d) to reapply for an 

NOx compliance plan prior to expiration of this permit and requirements under 40 CFR 

76.13 for calculating excess NOx emissions. 

Applicable Requirements: 40 CFR 76.6(a)(2), 76.7(a)(2), 76.8(a)(1), 40 CFR 76.9(d), 40 

CFR 76.13 and NDAC 33-15-21-10 

2) Liability: The owners and operators of a unit governed by an approved early election 

plan shall be liable for any violation of the plan or 40 CFR 76.8 at that unit. The owners or 

operators shall be liable, beginning January 1, 2000, for fulfilling the obligations specified 

in40 CFR 77. 
Applicable Requirements: 40 CFR 76.8(d)(2) and NDAC 33-15-21-10 

E. Excess Emissions Requirements: 

Page 44 of 47 

Permit No. T5-F76009 

1) The designated representative of an affected unit that has excess emissions of S02 in any 

calendar year shall submit a proposed offset plan, to the Administrator as required under 40 

CFR 77, with a copy to the North Dakota Department of Health, Division of Air Quality, 

Air Pollution Control Program. 

2) The owners and operators of an affected unit that has excess emissions of NOx or S02 in 

any calendar year shall: 

a) Pay to the Administrator without demand the penalty required, and pay upon 

demand the interest on that penalty, as required by 40 CFR 77; and 

b) Comply with the terms of an approved offset plan for S02, as required by 40 CFR 

77. 

Applicable Requirement: NDAC 33-15-21-01.6.e 

F. Recordkeeping and Reporting Requirements: 

1) Unless otherwise provided, the owners and operators of the source and each affected unit at 

the source shall keep on-site at the source each of the following documents for a period of 5 

years from the date the document is created. This period may be extended for cause, at 

any time prior to the end of 5 years, in writing by the Administrator of the U.S. EPA or the 

North Dakota Department of Health, Division of Air Quality: 

a) The certificate of representation for the designated representative for the source and 

each affected unit at the source and all documents that demonstrate the truth of the 

statements in the certificate of representation, in accordance with 40 CFR 72.24; 

provided that the certificate and documents shall be retained on-site at the source 

beyond such 5-year period until such documents are superseded because of the 

submission of a new certificate of representation changing the designated 

representative; 

b) All emissions monitoring information, in accordance with 40 CFR 75; 

c) Copies of all reports, compliance certifications, and other submissions and all 

records made or required under the Acid Rain Program; and, 

d) Copies of all documents used to complete an Acid Rain permit application and any 

other submission under the Acid Rain Program or to demonstrate compliance with 

the requirements of the Acid Rain Program. 
Page _Ai_ of 4 7 

Permit No. T5-F76009 

2) The designated representative of an affected source and each affected unit at the source 

shall submit the reports and compliance certifications required under the Acid Rain 

Program, including those under 40 CFR 72, Subpart I, NDAC 33-15-21-08, and 40 CFR 

75. 

Applicable Requirement: NDAC 33-15-21-01.6.f 

G. Liability: 

1) Any person who knowingly violates any requirement or prohibition of the Acid Rain 

Program, a complete Acid Rain permit application, this Acid Rain Permit, or a written 

exemption under 40 CFR 72.7 or 72.8, including any requirement for the payment of any 

penalty owed to the United States, shall be subject to enforcement pursuant to Section 

113(c) of the Federal Clean Air Act. 

2) Any person who knowingly makes a false, material statement in any record, submission, or 

report under the Acid Rain Program shall be subject to criminal enforcement pursuant to 

Section 113(c) of the Federal Clean Air Act and 18 U.S.C. 1001. 

3) No permit revision shall excuse any violation of the requirements of the Acid Rain 

Program that occurs prior to the date that the revision takes effect. 

4) Each affected source and each affected unit shall meet the requirements of the Acid Rain 

Program. 

5) Any provision of the Acid Rain Program that applies to an affected source (including a 

provision applicable to the designated represented of an affected source) shall also apply to 

the owners and operators of such source and of the affected units at the source. 

6) Any provision of the Acid Rain Program that applies to an affected unit (including a 

provision applicable to the designated representative of an affected unit) shall also apply to 

the owners and operators of such unit. Except as provided under 40 CFR 72.44 (Phase II 

repowering extension plan) and 40 CFR 76.11 (NOx averaging plans), and except with 

regard to the requirements applicable to units with a common stack under 40 CFR 75 

(including 40 CFR 75.16, 75.17, and 75.18), the owners and operators and the designated 

representative of one affected unit shall not be liable for any violation by any other affected 

unit of which they are not owners or operators or the designated representative and that is 

located at a source of which they are not owners or operators or the designated 

representative. 

7) Each violationofaprovisionofNDAC 33-15-21-08.1 throughNDAC 33-15-21-10 and40 

CFR 72, 73, 74, 75, 76 and 77 by an affected source or affected unit, or by an owner or 

operator or designated representative of such source or unit, shall be a separate violation of 

the Federal Clean Air Act. 
Page _1Q_ of 4 7 

Permit No. T5-F76009 

Applicable Requirement: NDAC 33-15-21-08.1, 33-1521-09 and 40 CFR 73, 74, 76 and 

77 

H. Effect on Other Authorities: 

No provision of the Acid Rain Program, an Acid Rain permit application, this Acid Rain permit 

condition, or a written exemption under 40 CFR 72.7 or 72.8 shall be construed as: 

1) Except as expressly provided in Title IV of the Federal Clean Air Act, exempting or 

excluding the owners and operators and, to the extent applicable, the designated 

representative of an affected source or affected unit from compliance with any other 

provision of the Federal Clean Air Act, including the provisions of Title I of the Federal 

Clean Air Act relating to applicable National Ambient Air Quality Standards or State 

Implementation Plans; 

2) Limiting the number of allowances a unit can hold; provided, that the number of 

allowances held by the unit shall not affect the source's obligation to comply with any 

other provisions ofthe Federal Clean Air Act, 

3) Requiring a change of any kind in any State law regulating electric utility rates and 

charges, affecting any State law regarding such State regulation, or limiting such State 

regulation, including any prudence review requirements under such State law; 

4) Modifying the Federal Power Act or affecting the authority of the Federal Energy 

Regulatory Commission under the Federal Power Act; or, 

5) Interfering with or impairing any program for competitive bidding for power supply in a 

State in which such program is established. 

Applicable Requirement: NDAC 33-15-21-01.6.h 

I. Permit Shield: 

Each affected unit operating in accordance with this permit which is issued in compliance with 

Title IV of the Federal Clean Air Act, as provided in 40 CFR 72, 73, 75, 77 and 78, and the 

regulations implementing Section 407 of the Federal Clean Air Act, shall be deemed operating in 

compliance with the Acid Rain Program, except as provided in 40 CFR 72.9(g)(6). The permit 

shield does not take effect until the effective date of the Acid Rain permit. 

Applicable Requirement: NDAC 33-15-21-05.2 

12. State Enforceable Only Conditions (not Federally enforceable): 

A. General Odor Restriction: The permittee shall not discharge into the ambient air any 

objectionable odorous air contaminant which exceeds the limits established in NDAC 33-15-16. 

Applicable Requirement: NDAC 33-15-16 
Page _iL of 4 7 

Permit No. T5-F76009 

B. Combustion of Used Oil Containing PCBs: Burning ofused oil containing PCBs is allowed in 

Units 1 and 2 during normal operations subject to the following: 

1) The owner/operator shall file a Notification of Hazardous Waste Activity (EPA Form 

8700-12) with the Department indicating used oil fuel activities. 

2) Only oil which contains less than 50 ppm PCB may be burned. Burning of oil which 

contains PCB is only allowed for used oil generated by Minnkota Power Cooperative, its 

associated electric system, or its associated mining facilities. 

3) Soil, rock and other earthen debris contaminated with mineral oil dielectric fluid which 

contains less than 50 ppm PCB may be burned during periods of stable load. 

C. Used Oil Combustion: Burning of used oil is allowed subject to the following: 

1) The burning of used oil shall comply with NDAC Sections 33-24-05-600 through 

33-24-05-689- Standards for the Management of Used Oil- and other applicable rules, 

regulations, and ordinances. 

2) The disposal of used oil shall follow the Waste Fuel Management Plan submitted on July 2, 

1991. 

D. Spent Boiler Cleaning Waste Combustion: Evaporation and/or combustion of spent chemical 

cleaning solution in the furnace directly above the cyclone burners of Units 1 and 2 are 

permissible. 

E. Annual Emission Inventory Report: The amount of used oil and spent boiler cleaning waste 

burned shall be reported on the annual emission inventory report required by Condition 8.F. 
Attachment A 

Compliance Assurance Monitoring (CAM) Plan 

EPs Ml, M2, M3, M4, M6, M7, M12 and M13 

• 
COMPLIANCE ASSURANCE MONITORING 

MINNKOTA POWER COOPERATIVE, INC. 

Milton R. Young Station 

March 1, 2012 

I 
I. Background 

MINNKOTA POWER COOPERATIVE, INC. 

Milton R. Young Station 

Compliance Assurance Monitoring Plan 

Rotoclones 

A. Emission Units: Coal Handling 

Description: Rotoclone 

Emission Point: M1 Location: Unit 1 Crusher House and Conveyor 1 C 

Emission Point: M2 Location: Unit 1 Coal Silos 

Emission Point: M3 Location: Unit 2 Crusher House 

Emission Point: M4 Location: Unit 2 Coal Silos 

B. Applicable Regulation, Emission Limit and Monitoring Requirements 

Regulation: Title V Permit Number T5-F76009, NDAC 33-15-05-01 & 33-15-03-02 

Emission Limit: 

Opacity 20% for all emission points 

Particulate: 

PMIO: 

M1 - 74.0 lb/hr 

M2 - 66.3 lb/hr 

M3 - 82.0 lb/hr 

M4- 74.7 lb/hr 

M1 - 4.3 lb/hr 

M2- 7.5 lb/hr 

M3- 18.7 lb/hr 

M4 - 18.5 lb/hr 

II. Monitoring Approach 

The key elements of the monitoring approach are presented in Table 1. 
I. 

II. 

Indicator 

Table No.1 

Monitoring Approach 

Rotoclone for PM Control 

Emission Points: Ml, M2, M3 & M4 

Indicator No.1 Indicator No.2 

Visible Emissions Inspection/maintenance 

Measurement Approach Visible Emissions Check Weekly inspection according to 

checklist: maintenance 

performed as needed 

Indicator Range If any detectable visible The indicator range is water 

emissions are noted the plant flow through the control 

employee will notify the device. 

appropriate personnel to 

have the control device 

repaired 

III. Performance Criteria 

QAJQC Plant personnel perform Plant personnel perform 

visible emissions check inspections 

Monitoring Frequency Weekly, if system is Weekly, if system is operating 

operating during the day during the day 

Corrective Action Repair as soon as practically Repair as soon as practically 

possible possible 

MONITORING APPROACH JUSTIFICATION 

III. Background 

Primary function ofthe coal handling equipment is coal crushing and delivery. 

The monitoring approach outlined here applies to the rotoclones associated with the coal 

handling equipment. The rotoclones control the particulate emissions associated with the 

coal handling equipment. 

IV. Justification for Selected Performance Indicators 

Visible emissions, was selected as a performance indicator based on our experience 

operating the rotoclones and the need to comply with the particulate emissions limits. 

Any visible sign of emissions indicates a reduction in the particulate removal efficiency of 

the rotoclone. 
Inspection/maintenance was selected as a performance indicator based on our experience 

operating the rotoclones and the need to comply with the particulate emissions limits. A 

plugged drain or a poor spray pattern of water in the rotoclone indicates a reduction in the 

particulate removal efficiency of the rotoclone. 

V. Record Keeping and Reporting Methods 

All visible emissions and inspection/maintenance records will be stored in the station file at 

the plant. These records will include the identification of the emission unit, description of 

maintenance if needed, date and the name of person completing the inspection. 

A semi-annual monitoring/permit deviation report will be submitted to the North Dakota 

Department of Health. 

• 
I. Background 

MINNKOTA POWER COOPERATIVE, INC. 

Milton R. Young Station 

Compliance Assurance Monitoring Plan 

Fabric Filters 

A. Emission Units: Lime Storage & Fly Ash Storage 

Description: ·Fabric Filter 

Emission Point: M6 

Emission Point: M7 

Emission Point: M 12 

Emission Point: Ml3 

Location: Unit 2 Fly Ash Silo 

Location: Unit 2 Lime Storage Silo 

Location: Water treatment Plant Lime Storage Silo 

Location: Unit 1 Lime Storage Silo 

B. Applicable Regulation, Emission Limit and Monitoring Requirements 

Regulation: Title V Permit Number T5-F76009, NDAC 33-15-05-01 & 

33-15-03-02 

Emission Limit: 

Opacity 20% for all emission points 

Particulate: 

PMIO: 

M6 - 42.5 lb/hr 

M7 - 25.2 lb/hr 

M12- 4.4lb/hr 

Ml3 - 46.9 lb/hr 

M6 - 2.2 lb/hr 

M7 - 13.3 lb/hr 

II. Monitoring Approach 

The key elements of the monitoring approach are presented in Table 1. 

• 
Table No.1 

Monitoring Approach 

Fabric Filter for PM Control 

Emission Points: M6, M7, M12 & M13 

Indicator No.1 

I. Indicator Visible Emissions 

Measurement Approach Visible Emissions Check 

II. Indicator Range If any detectable visible 

emissions are noted the plant 

employee will notify the 

appropriate personnel to have 

the control device repaired 

III. Performance Criteria 

QA/QC Plant personnel perform 

visible emissions check 

Monitoring Frequency Weekly, if system is 

operating during the day 

Corrective Action Repair as soon as practically 

possible 

MONITORING APPROACH JUSTIFICATION 

I. Background 

Primary function is the storage of fly ash and lime. 

The monitoring approach outlined here applies to the fabric filters associated with the 

storage of fly ash and lime. The fabric filters control the particulate emissions associated 

with the storage of fly ash and lime. 

II. Justification for Selected Performance Indicators 

Visible emissions, was selected as a performance indicator based on our experience 

operating the fabric filters and the need to comply with the particulate emissions limits. 

Any visible sign of emissions indicates a reduction in the particulate removal efficiency of 

the fabric filters. 

III. Record Keeping and Reporting Methods 

All visible emissions records will be stored in the station file at the plant. These records 

will include the identification of the emission unit, description of maintenance if needed, 

date and the name of person completing the inspection. A semi-annual monitoring/permit 

deviation report will be submitted to the North Dakota Department of Health. I 
Attachment B 

Consent Decree- July 27,2006 

Amendments to Permit No. T5-F76009 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Pa e 1 of 35 

F I ~~ E Fl 

[~u~J Ef;l'>;l.RO J. KU:Ci<ER, CU:::~;~ 

IN THE UNITED STATES DISTRICT COURT '_U,S.J~·~F\:crccurr-NORTHDAKOTA 

FOR THE DISTRICT OF NOR1H DAKOTA L 

UNITED STATES OF AMERICA and ) 

STATE OF NORTH DAKOTA, ) 

) 

Plaintiffs, ) 

) 

v. ) 

) 

) 

MINNKOTA POWER COOPERATIVE, Inc. and ) 

SQUARE BUTTE ELECTRIC COOPERA TIVEt ) 

) 

Defendants. ) 

Civil Action No: 

CONSENT DECREE 

t ~ olo -c v-o3~ 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 2 of 35 

TABLE OF CONTENTS 

I. Jurisdiction and Venue .................................................... 3 

II. Applicability ........................................................... 3 

III. Definitions ............................................................. 4 

IV. S02 Emission Reductions and Controls ...................................... 11 

A. S02 Emission Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 

B. Tonnage Limits for 802 Emissions ................................... 14 

C. Surrender ofS02 Allowances ....... , ............................... 16 

D. General S02 Provisions ............................................ 18 

V. NOx Emission Reductions and Controls ..................................... 19 

A. Phase I NOx Emission Reductions and Controls ......................... 19 

B. Phase II NOx Emission Reductions and Controls . . . . . . . . . . . . . . . . . . . . . . . 19 

C. Use ofNOx Allowances ............................................ 21 

D. General NOx Provisions ............................................ 22 

VI. PM Emission Reductions and Controls ...................................... 24 

A. Optimization of PM Emission Controls ................................ 24 

B. Compliance with PM Emission Limits ................................ 24 

C. PM Monitoring .................................................. 26 

VII. Prohibition on Netting Credits or Offsets from Required Controls ................. 28 

VITI. Additional Injunctive Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 

IX. Civil Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 

X. Resolution of Claims .................................................... 35 

-1-
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 3 of 35 

XI. Periodic Reporting ...................................................... 3 7 

XII. Review and Approval of Submittals ........................................ 38 

XIII. Stipulated Penalties ..................................................... 40 

XIV. Force Majeure .......................................................... 44 

)(\/, Dispute Resolution ...................................................... 49 

XVI. Permits ............................................................... 52 

XVII. Information Collection and Retention ....................................... 54 

XVIII. Notices ............................................................... 55 

XIX. Sales or Transfers of Ownership Interests .................................... 57 

XX. Effective Date ......................................................... 58 

XXI. Retention of Jurisdiction ................................................. 59 

XXII. Modification ........................................................... 59 

XXID. General Provisions ...................................................... 59 

XXIV. Signatories and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 

XXV. Public Comment ......................................................... 62 

XXVI. Conditional Termination of Enforcement Under Consent Decree ................. 63 

XXVII. Final Judgment ........................................................ 64 

-11-
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 4 of 35 

WHEREAS, Plaintiffs, the United States of America ("the United States"), on behalf of 

the United States Environmental Protection Agency ("EPA"), and the State of North Dakota 

("State")~ have filed a Complaint for injunctive relief and civil penalties pursuant to 

Sections 113(b)(2) and 167 of the Clean Air Act (the "Act"), 42 U.S.C. §§ 7413(b)(2) and 7477, 

alleging that Defendants, Minnkota Power Cooperative ("Minnkota") and Square Butte Electric 

Cooperative ("Square Butte") have undertaken construction projects at major emitting facilities 

in violation of the Prevention of Significant Deterioration provisions of Part C of Subchapter I of 

the Act, 42 U.S.C. §§ 7470w7492, and in violation ofthe federally approved and enforceable 

North Dakota State Implementation Plan; 

WHEREAS, in their Complaint, the United States and the State (collectively, "the 

Plaintiffs") allege, inter alia, that Minnkota and Square Butte (collectively, the "Settling 

Defendants") failed to obtain the necessary permits and install the controls necessary under the 

Act to reduce their sulfur dioxide (S02), nitrogen oxide (NOx), and/or particulate matter {PM) 

emissions; 

WHEREAS, the Complaint alleges claims upon which relief can be granted against the 

Settling Defendants under Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477; 

WHEREAS, the United States provided the Settling Defendants and the State with actual 

notice of alleged violations in accordance with Section 113(a)(l) of the Act, 42 U.S.C. 

§ 7413(a)(l); 

WHEREAS, the Settling Defendants assert that there may be difficulty associated with 

the continuous operation of Flue Gas Desulfurization Systems at the Milton R. Young Station 

during the extremely cold ambient air temperatures at the plant in the winter months, and the 

1 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 5 of 35 

Parties have considered these circumstances in reaching this agreement; 

WHEREAS, the Settling Defendants assert that it would be very difficult to install and 

continuously operate certain NOx emission controls at the cyclone-fired, lignite-burning Units at 

the Milton R. Young Station; 

WHEREAS, NDDH contemplates that, upon full implementation of the controls and 

other requirements ofthis Consent Decree, the Settling Defendants will have installed BACTlevel S02 controls for purposes of netting under this Decree; 

WHEREAS, the Parties have agreed that settlement of this action is in the best interest of 

the Parties and in the public interest, and that entry of this Consent Decree without further 

litigation is the most appropriate means of resolving this matter; 

WHEREAS, the Parties recognize, and the Court by entering this Consent Decree fmds, 

that this Consent Decree has been negotiated in good faith and at arm's length and that this 

Consent Decree is fair, reasonable, consistent with the goals of the Act, and in the public 

interest; 

WHEREAS, the Settling Defendants have cooperated in the resolution of this matter; 

WHEREAS, the Settling Defendants have denied and continue to deny the violations 

alleged in the Complaint, and nothing herein shall constitute an admission of liability; and 

WHEREAS, the Parties have consented to entry of this Consent Decree without trial of 

any issues; 

NOW, THEREFORE, without any admission of fact or law, it is hereby ORDERED, 

ADJUDGED, AND DECREED as follows: 

2 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 6 of 35 

I. JURISDICTION AND VENUE 

1. This Court has jurisdiction over this action, the subject matter herein, and the Parties 

consenting hereto, pursuant to 28 U.S.C. §§ 1331, 1345, 1355, and 1367, and pursuant to 

Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477. Venue is proper under Section 

113(b) of the Act, 42 U.S.C. § 7413(b), and under 28 U.S.C. § 1391(b) and (c). Solely for the 

-. 

purposes of this Consent Decree and the underlying Complainf, the Settling Defendants waive all 

objections and defenses that they may have to the Court's jurisdiction over this action, to the 

Court's jurisdiction over the Settling Defendants, and to venue in this District. The Settling 

Defendants shall not challenge the terms of this Consent Decree or this Court's jurisdiction to .: ... 

enter and enforce this Consent Decree. For purposes of the Complaint filed by the Plaintiffs in 

this matter and resolved by the Consent Decree, and fer purposes of entry and enforcement of 

this Consent Decree, the Settling Defendants waive arly defense or objection based on standing. 

Except as expressly provided for herein, this Consent Decree shall not create any rights in any 

party other than the Parties to this Consent Decree. Except as provided in Section XXV (Public 

Comment) of this Consent Decree, the Parties consent to entry of this Consent Decree without 

further notice. 

II. APPLICABILITY 

2. Except as set forth in Paragraph 3, the provisions of this Consent Decree shall, upon 

entry, apply to and be binding upon the Settling Defendants and their successors and assigns, and 

upon the Settling Defendants' officers, employees and agents solely in their capacities as such. 

3. Upon entry, the provisions of this Consent Decree that relate exclusively to Unit 1 at 

the Milton R. Young Station shall only apply to and be binding upon Minnkota, and its 

3 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 7 of 35 

successors and assigns, and upon Minnkota's officers, employees and agents solely in their 

capacities as such. 

4. The Settling Defendants shall provide a copy of this Consent Decree to all vendors, 

suppliers, consultants, contractors, agents, and any other company or other organization retained 

to perform any of the work required by this Consent Decree. Notwithstanding any retention of 

contractors, subcontractors, or agents to perform any work required under this Consent Decree, 

the Settling Defendants shall be responsible for ensuring that all work is perfonned in 

accordance with the requirements of this Consent Decree. In any action to enforce this Consent 

Decree, the Settling Defendants shall not assert as a defense the failure of their officers, 

directors, employees, servants, agents, or contractors to take actions necessary to comply with 

this Consent Decree, unless it is detennined to be a Force Majeure Event and satisfies the Force 

Majeure provisions of this Consent Decree. 

m. DEFINITIONS 

5. A "30-day Rolling Average Emission Rate'' shall be determined by calculating an 

arithmetic average of all hourly emission rates in lbs/MMBtu for the current Operating Day and 

the previous 29 Operating Days. A new 30-day Rolling Average Emission Rate shall be 

calculated for each new Operating Day. Each 3 0-day Rolling Average Emission Rate shall 

include all start-up, shutdown and Malfunction periods within each Operating Day. A 

Malfunction shall be excluded from this Emission Rate, however, if it is determined to be a 

Force Majeure Event and satisfies the Force Majeure provisions of this Consent Decree. The 

reference methods for determining so2 and NOX Emission Rates shall be those specified in 40 

C.F.R. Part 75, Appendix F. 

4 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 8 of 35 

6. A "30-day Rolling Average Removal Efficiency" means the percent reduction in the 

mass of a pollutant achieved by a Unit's pollution control device over a 30-0perating Day 

period. This percentage shall be calculated by subtracting the Unit's outlet 30-day Rolling 

Average Emission Rate from the Unit's inlet 30-day Rolling Average Emission Rate, dividing 

that difference by the Unit's inlet 30-day Rolling Average Emission Rate, and then multiplying 

by 100. A new 30-day Rolling Average Removal Efficiency shall be calculated for each new 

Operating Day, and shall include all start-up, shutdown and Malfunction periods with each 

Operating Day. A Malfunction shall be excluded from this Removal Efficiency, however, if it is 

determined to be a Force Majeure Event and satisfies the Force Majeure provisions of this 

Consent Decree. The reference method for determining both the inlet and outlet 30-day Rolling 

Average Emission Rate, for the purposes of calculating the 802 30-day Rolling Average 

Removal Efficiency, shall be that specified in 40 C.P.R. Part 75, Appendix F. 

7. "CEMS" or "Continuous Emission Monitoring System," means, for obligations 

involving NOx and 802 under this Consent Decree, the devices defined in 40 C.P.R. § 72.2, and 

installed and maintained as required by 40 C.P.R. Part 75. 

8. "Clean Air Act" or "Act" means the federal Clean Air Act, 42 U.S.C. §§7401-7671q, 

and its implementing regulations. 

9. "Consent Decree" means this Consent Decree. 

10. "Emission Rate" for a given pollutant means the number of pounds of that pollutant 

emitted per million British thermal units of heat input (lb/M:MBtu), measured in accordance with 

this Consent Decree. 

11. "EPA" means the United States Environmental Protection Agency. 

s 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 9 of 35 

12. "ESP" means electrostatic precipitator, a pollution control device for the reduction of 

PM. 

13. "Flue Gas Desulfurization System" or "FGD" means a pollution control device that 

employs flue gas desulfurization technology, including an absorber utilizing lime, flyash, or 

limestone slurry, for the reduction of sulfur dioxide emissions. 

14. "Fossil Fuel" means any hydrocarbon fuel, including coal, petroleum coke, 

petroleum oil, or natural gas. 

15. "lb/MMBtu" means one pound of a pollutant per million British thermal units of heat 

input. 

16. "Malfunction" means malfunction as that term is defined under 40 C.F.R. § 60.2 

(July 1, 2004). 

17. "MW" means a megawatt or one million Watts. 

18. "Milton R. Young Station" means, for purposes of this Consent Decree only, the 

Settling Defendants' electric generating Units near Center, North Dakota, which currently 

consist of two lignite-fired cyclone units. Unit 1 has a nominal net rating of235 MW. Unit 2 

has a nominal net rating of 440 MW. "Milton R. Young Station" also includes the Settling 

Defendants' proposed Unit 3, with a proposed net rating of 600 MW. The Settling Defendants 

anticipate submitting a permit to construct application on or before June 1, 2009. Subject to 

NDDH's permit to construct review process, the Unit 3 permit is anticipated to be issued by 

December 31, 20 10, construction is expected to commence on or before December 31, 2012, and 

operation is expected to commence on or before December 31, 20 I 5. 

19. ''NDDH" shall mean the North Dakota Department of Health. 

6 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 10 of 35 

20. "Netting" shall mean the process of detennining whether a particular physical 

change or change in the method of operation of a major stationary source results in a net 

emissions increase, as that term is defined at 40 C.F.R. § 52.2l(b)(3)(i) and Chapter 33-15-15 of 

the North Dakota Administrative Code (Feb. 1, 2005). 

21. "NO,/' means oxides of nitrogen, measured in accordance with the provisions of this 

Consent Decree. 

22. "NO" Allowance'' means an authorization or credit to emit a specified amount of 

NOx that is allocated or issued under an emissions trading or marketable permit program of any 

kind established under the Act or a State Implementation Plan. The Parties acknowledge that at 

the time of lodging of this Consent Decree that no NOx Allowance program is applicable to 

Milton R. Young Station. 

23. "NOx BACT Determination" shall mean the conclusions made by the NDDH as a 

result of reviewing the NOx Top-Down BACT Analysis. Such determination shall be carried out 

in accordance with the applicable federal and state statutes, regulations, and guidance cited in the 

definition of''NOx Top-Down BACT Analysis," below, and shall include the selection of control 

technology to be installed on Units 1 and 2 and 30-day Rolling Average Emission Rates 

applicable to Units 1 and 2 and to be continuously complied with by the Settling Defendants. 

24. "NOx Top-Down BACT Analysis" shall mean a study prepared by the Settling 

Defendants to identify the emission limits required by 42 U.S.C. § 7475(a)( 4) and 40 C.F .R. 

§ 52.210)(3)~ defined'by 42 U.S.C. § 7479(3) and 40 C.F.R §52.2l(b)(l2), and expressed as a 

30-Day Rolling Average NOx Emission Rate. The study shall be carried out in accordance with 

the provisions of Chapter B of EPA's "New Source Review Workshop Manual-Prevention of 

7 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 11 of 35 

Significant Deterioration and Nonattainment Area Pennitting/, (Draft October 1990) ("EPA's 

NSR Manual"). The study shall not include any other elements ofPSD permitting required by 

other chapters of EPA's NSR Manual (notwithstanding any cross-reference in Chapter B to such 

other chapters), 40 C.F.R. § 52.21, or N.D. ADMIN. CODE§ 33-15-15-01.2. 

25. "Over-fire Air" means a teclmology to reduce NOx formation in a Unit boiler by 

directing a portion of the air to be com busted through ports above the level of the cyclones in the 

furnace. 

26. "Operating Day" means any calendar day on which a Unit fires fossil fuel. 

27. "Parties" means the United States of America, the State of North Dakota, and the 

Settling Defendants. "Party" means one of the four named "Parties." 

28. "Plant-Wide 12-Month Rolling Average Tonnage" means the sum of the tons of the 

pollutant in question emitted from the Milton R. Young Station in the most recent complete 

month and the previous eleven (11) months. A new Plant-Wide 12-Month Rolling Average 

Tonnage shall be calculated for each new complete month in accordance with the provisions of 

this Consent Decree. The calculation of each Plant-Wide 12-Month Rolling Average Tonnage 

shall include the pollutants emitted during periods of startup, shutdown, and Malfunction within 

each calendar month, unless the Malfunction event is also deemed a "Force Majeure Evenf' as 

defined in Section XIV of this Consent Decree (Force Majeure), in which case such emissions 

shall be excluded. 

29. "Plant-Wide Tonnage for One Calendar Year" means the sum of the tons of the 

pollutant in question emitted from the Milton R. Young Station in any 12-Month calendar year. 

A new Plant-Wide Tonnage for One Calendar Year shall be calculated for each new calendar 

8 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 12 of 35 

year. The calculation of each Plant-Wide Tonnage for One Calendar Year shall include the 

pollutants emitted during periods of startup, shutdown, and Malftmction within each 12-Month 

calendar year, unless the Malftmction event is also deemed a "Force Majeure Event" as defined 

in Section XIV of this Consent Decree (Force Majeure}, in which case such emissions shall be 

excluded. 

30. "Plant-Wide Tonnage for the Annual Average ofTwo Calendar Years" means the 

sum of the tons of the pollutant in question emitted from the Milton R. Young Station in any two 

consecutive 12-month calendar years, divided by two. A new Plant-Wide Tonnage for the 

Annual Average of Two Calendar Years shall be calculated for each new complete 12-month 

calendar year. The calculation of each Plant-Wide Tonnage for the Annual Average of Two 

Calendar Years shall include the pollutants emitted during periods of startup, shutdown, and 

Malfunction within each 12-Month calendar year, unless the Malfunction event is also deemed a 

"Force Majeure Event" as defmed in Section XIV of this Consent Decree (Force Majeure), in 

which case such emissions shall be excluded. 

31. "PM" means total particulate matter, measured in accordance with the provisions of 

this Consent Decree. 

32. "PM CEMS" or "PM Continuous Emission Monitoring System" means, as specified 

in Section VI (PM Emission Reduction and Controls) of this Consent Decree, the equipment that 

samples, analyzes, measures, and provides, by readings taken at frequent intervals, an electronic 

or paper record of PM emissions. 

33. "PM Emission Rate" means the average number of pounds of PM emitted per million 

British thermal units of heat input ("lbs/MMBtu") from the Unit stack, as measured in an annual 

9 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 13 of 35 

stack test from the Unit stack, in accordance with the reference method set forth in 40 C.F.R. 

Part 60, Appendix A, Method 5 (filterable portion only) or Method 17 (filterable portion only). 

34. "Prevention of Significant Deterioration" or "PSD" means the prevention of 

significant deterioration of air quality program under Part C of Subchapter I of the Clean Air 

Act, 42 U.S.C. §§ 7470 ~ 7492, and 40 C.F.R. Part 52. 

35. "Project Dollars" means the Settling Defendants' expenditures and payments 

incurred or made in carrying out the Projects identified in Section VIII (Additional Injunctive 

Relief) of this Consent Decree to the extent that such expenditures or payments both: (a) comply 

with the requirements set forth in Section VIII (Additional Injunctive Relief) of this Consent 

Decree; and (b) constitute (i) the Settling Defendants' direct payments for such projects, (ii) the 

Settling Defendants' external costs for contractors, vendors, and equipment, (iii) the Settling 

Defendants' internal costs consisting of employee time, travel, or out-of-pocket expenses 

specifically attributable to these particular projects and documented in accordance with 

Generally Accepted Accounting Principles ("GAAP"), or (iv) the discounted present value of the 

cash payments made by the Settling Defendants under a contract with another entity to carry out 

the project. 

36. "Rich Reagent Injection" means a technology that injects reagent, such as ammonia 

or urea, into a Unit boiler to react with and reduce NOx emissions. 

37. "Selective Catalytic Reduction" means a pollution control device for reducing NOx 

emissions through the use of selective catalytic reduction technology. 

38. "Selective Non-Catalytic Reduction" means a pollution control device for reducing 

NOx emissions through the use of selective non-catalytic reduction technology. 

10 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 14 of 35 

39. "Settling Defendants~' means Minnkota Power Cooperative, Inc., and Square Butte 

Electric Cooperative. 

40. "SOz" means sulfur dioxide, measured in accordance with the provisions of this 

Consent Decree. 

41. "S02 Allowance" means "allowance" ofS02 as defined at 42 U.S.C. § 7651a(3): 

"an authorization, allocated to an affected Unit by the Administrator of EPA under Subchapter 

IV of the Act~ to emit, during or after a specified calendar year, one ton of sulfur dioxide." 

42. "Title V Permit" means the permit required of the Settling Defendants' major 

sources under Subchapter V of the Act, 42 U.S.C. §§ 7661-7661e. 

43. "Unit" means, for the purposes ofthis Consent Decree, collectively, the coal 

crusher, stationary equipment that feeds coal to the boiler, the boiler that produces steam for the 

steam turbine, the steam turbine, the generator, the equipment necessary to operate the generator, 

steam turbine and boiler, and all ancillary equipment, including pollution control equipment and, 

systems necessary for the production of electricity. An electric utility steam generating station 

may comprise one or more Units. 

IV. S02 EMISSION REDUCTIONS AND CONTROLS 

A. S02 Emission Controls 

1. New FGD Installations at Milton R. Youne Station Unit 1 

44. No later than December 31, 2010, the Settling Defendants shall elect to install either 

a wet FGD or a dry FGD (or equivalent S02 control technology approved pursuant to Paragraph 

46) at Unit 1, and shall notify the Plaintiffs in writing as to which option the Settling Defendants 

have elected for this Unit. 

11 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 15 of 35 

45. Beginning no later than December 31, 2011, the Settling Defendants shall install and 

commence continuous operation of the FGD (or equivalent 802 control technology approved 

pursuant to Paragraph 46) elected above on Unit I, and shall achieve and thereafter maintain: 

a. If the Settling Defendants elect to install a wet FGD, a 30-Day Rolling Average 

Removal Efficiency for 802 at Unit 1 of at least ninety-five percent (95%), 

subject to the provisions of Paragraph 49; 

b. If the Settling Defendants elect to install a dry FGD, a 30-Day Rolling Average 

Removal Efficiency for 802 at Unit 1 of at least ninety percent (90%). 

46. With prior written notice to and written approval from EPA and the State, the 

Settling Defendants may, in lieu of installing and operating an FGD at Unit 1, install and operate 

an alternative 802 control technology at this Unit that achieves and maintains a 30-Day Rolling 

Average Removal Efficiency for S02 of at least ninety five percent (95%), unless Defendants 

demonstrate, and Plaintiffs agree, that the alternative control technology will provide significant 

additional multi-pollutant reductions, in which case Settling Defendant shall achieve and 

maintain a 30-Day Rolling Average Removal Efficiency for 802 of at least ninety percent (90%). 

2. FGD Upifades for Milton R. Y oun1 Station Unit 2 

47. No later than December 31, 2010, the Settling Defendants shall design and upgrade 

the FGD on Unit 2. Beginning no later than this same date, the Settling Defendants shall also 

achieve and thereafter maintain a 30-Day Rolling Average Removal Efficiency for 802 at Unit 2 

of at least ninety percent (90%), subject to the provisions of Paragraph 49. 

12 
Case 1 :06-cv-00034-DLH-CSM Document 9 · Filed 0712712006 Page 16 of 35 

3. Continuous Operation of S02 Controls 

48. The Settling Defendants shall continuously operate each FGD (or equivalent S02 

control technology approved pursuant to Paragraph 46) covered under this Consent Decree at all 

times that the Unit it serves is in operation, consistent with the technological limitations, 

manufacturers' specifications, and good engineering and maintenance practices for the FGDs, or 

equivalent technology, for minimizing emissions to the extent practicable. The Settling 

Defendants need not operate an FGD system during periods of Malfunction of the FGD, or 

during periods of Malfunction of the Unit that have a significant adverse impact on the operation 

of the FGD, provided that the Settling Defendants satisfy the requirements for a Malfunction as 

set forth in Paragraph 138 (Malfunctions). As set forth in Paragraph 138, a Malfunction may 

also constitute a Force Majeure Event if it meets the requirements for a Force Majeure Event in 

Section XIV (Force Majeure) of this Consent Decree. 

4. Maximizin& 802 Emission Reductions while Minimizin& Ice Formation 

Durin& Wintertime Operations of FGDs 

49. In light of the potential for substantial and dangerous ice formation on emission 

stacks utilizing wet FGDs as a result of the particularly severe winter weather conditions in 

North Dakota, the Settling Defendants shall, by December 31,2006, submit to EPA and NDDH 

for review and approval an evaluation of technologies and best management practices for 

minimizing and eliminating ice formation on the stacks while minimizing any effect on emission 

reductions at any Units served or to be served by a wet FGD. Such evaluation shall be 

performed by an independent contractor, and shall include an analysis of the feasibility, 

effectiveness, reliability, energy impacts, and economic costs of such technologies and best 

management practices. In their submittal, the Settling Defendants shall evaluate such 

13 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 17 of 35 

technologies and best management practices, and shall propose either available technologies, 

best management practices, or both. 

a. Upon EPA's and NDDH's approval of the Settling Defendants' 

evaluation, EPA and NDDH shall provide the Settling Defendants with a 

written determination regarding an available technology and best 

management practices. Within 90 days after the installation or upgrade of 

a wet FGD pursuant to this Consent Decree, the Settling Defendants shall 

commence implementation of EPA's and NDDH's determination, subject 

to the Dispute Resolution procedures set forth in Paragraphs 139 through 

146 of this Consent Decree. 

b. The Settling Defendants shall include in the periodic compliance reports 

required pursuant to Section XI (Periodic Reporting) of this Consent 

Decree, a summary of the effectiveness of any technologies and best 

management practices in minimizing and eliminating ice formation on the 

stacks while minimizing any effect on emission reductions at any Units 

served by a wet FGD at the Milton R. Young Unit 2. 

B. Tonnaee Limits for 802 Emissions 

50. The Settling Defendants shall comply with the following S02 emission limitations 

for the Milton R. Young Station: 

a. Beginning January 1, 2006, the Settling Defendants shall not emit more 

than 31,000 tons of 802 per year based on a Plant-Wide Tonnage for the 

Annual Average of Two Calendar Years; 

14 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 18 of 35 

b. Beginning January 1, 2011, the Settling Defendants shall not emit more 

than 26,000 tons ofS02 per year based on a Plant-Wide Tonnage for One 

Calendar Year; 

c. Beginning January 1, 2012, and each year thereafter, the Settling 

Defendants shall not emit more than 11,500 tons of 802 per year based on 

a Plant-Wide Tonnage for the Annual Average ofTwo Calendar Years; 

and 

d. In the event that Milton R Young Unit 3 is not operational by December 

31,2015, then beginning January 1, 2014, and each year thereafter, the 

Settling Defendants shall not emit more than 8,500 tons of 802 per year 

based on a Plant-Wide Tonnage for the Annual Average of Two Calendar 

Years. 

51. Beginning on the date of entry of this Consent Decree, and prior to the Settling 

Defendants' implementation ofEPA's and NDDH's determination pursuant to Paragraph 49, 

above, the Settling Defendants shall continue to implement practices, to the extent practicable, to 

minimize and eliminate ice formation on the stacks while minimizing any effect on emission 

reductions at Milton R. Young Unit 2. 

52. Notwithstanding the foregoing, the Settling Defendants may submit to EPA and 

NDDH a petition for a higher S02 emissions limitation than the 31,000 ton and 26,000 ton limits 

noted in Subparagraphs SO( a) and (b), above, if the Settling Defendants can demonstrate that 

they are unable to comply with such limitation given the energy demands of their cooperative, 

and despite utilization of best management practices and operation of the Milton R. Young Unit 

15 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 19 of 35 

2 FGD to minimize S02 emissions to the maximum extent practicable. EPA's and NDDH' s 

disapproval of any such petition shall be subject to the dispute resolution provisions in Section 

XV (Dispute Resolution) of this Consent Decree. 

53. The Settling Defendants shall not use S02 Allowances or credits to comply with the 

S02 emissions limitations set forth in Paragraph 50. 

C. Surrender of S01 Allowances 

54. For purposes of this Subsection, the "surrender of allowances" means permanently 

surrendering allowances from the accounts administered by EPA for Units I and 2-and from 

Unit 3 to the extent that S02 Allowances are allocated by EPA to that Unit-so that such S02 

Allowances can never be used to meet any compliance requirement under the Clean Air Act, the 

North Dakota State Implementation Plan, or this Consent Decree. 

55. For each year specified below, the Settling Defendants shall surrender to EPA, or 

transfer to a non-profit third party selected by the Settling Defendants for surrender, 802 

Allowances that have been allocated to the Milton R. Young Station for the specified calendar 

year: 

Calendar Year Amount 

2012-2015 4,346 Allowances 

2016-2018 8,693 Allowances 

2019 12,170 Allowances 

2020 and 14,886 Allowances if Milton R. Young 

thereafter Units 1, 2, and 3 (as proposed) are 

operational by December 31,2015, and 

17,886 Allowances if only Milton R. 

Young Units 1 and 2 are operational by 

December 31, 2015 

16 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 20 of 35 

The Settling Defendants shall make such surrender annually, within forty-five (45) days of their 

receipt from EPA of the Annual Deduction Reports for S02• Any surrender need not include the 

specific S02 Allowances that were allocated to the Settling Defendants, so long as the Settling 

Defendants surrender S02 Allowances that are from the same year or an earlier year and that are 

equal to the number required to be surrendered under this Paragraph. The requirements in this 

Subsection (IV(C)) of the Consent Decree pertaining to the Settling Defendants' use and 

retirement of S02 Allowances are permanent injunctions not subject to any tennination provision 

of this Decree. 

56. If any S02 Allowances are transferred directly to a non-profit third party, the Settling 

Defendants shall include a description of such transfer in the next report submitted to EPA and 

NDDH pursuant to Section XI (Periodic Reporting) of this Consent Decree. Such report shall: 

(i) provide the identity of the non-profit third-party recipient(s) of the S02 Allowances and a 

listing of the serial numbers of the transferred S02 Allowances; and (ii) include a certification by 

the third-party recipient(s) stating that the recipient(s) will not sell, trade, or otherwise exchange 

any of the allowances and will not use any of the S02 Allowances to meet any obligation 

imposed by any environmental law. No later than the third periodic report due after the transfer 

of any S02 Allowances, the Settling Defendants shall include a statement that the third-party 

recipient(s) surrendered the S02 Allowances for permanent surrender to EPA in accordance with 

the provisions of Paragraphs 54 and 55 within one (1) year after the Settling Defendants 

transferred the S02 Allowances to them. The Settling Defendants shall not have complied with 

the S02 Allowance surrender requirements of this Paragraph until all third-party recipient(s) 

shall have actually surrendered the transferred S02 Allowances to EPA. 

17 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 21 of 35 

57. For all 802 Allowances surrendered to EPA, the Settling Defendants or the 

third-party recipient(s) (as the case may be) shall first submit an 802 Allowance transfer request 

form to EPA's Office of Air and Radiation's Clean Air Markets Division directing the transfer of 

such S02 Allowances to the EPA Enforcement Surrender Account or to any other EPA account 

that EPA may direct in writing. As part of submitting these transfer requests, the Settling 

Defendants or the third-party recipient(s) shall irrevocably authorize the transfer of these S02 

Allowances and identifY - by name of account and any applicable serial or other identification 

numbers or station names - the source and location of the 802 Allowances being surrendered. 

D. General S02 Provisions 

58. In determining Emission Rates for 802, the Settling Defendants shall use CEMS in 

accordance with those reference methods specified in 40 C.F.R. Part 75. 

59. For the purpose of calculating the 30-Day Rolling Average Removal Efficiency, the 

outlet S02 Emission Rate and the inlet S02 Emission Rate shall be determined based on the data 

generated in accordance with 40 C.P.R. Part 75 (using 802 CEMS data from both the inlet and 

outlet of the control device). 

60. If any Unit subject to this Consent Decree is constructed to allow any flue gas to bypass the S02 pollution control equipment, the outlet 30-Day Rolling Average Emission Rate 

shall be determined from 802 CEMS located after the by-pass return, and the inlet 30-Day 

Rolling Average Emission Rate shall be determined from 802 CEMS located before the by-pass. 

18 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 22 of 35 

V. NOx EMISSION REDUCTIONS AND CONTROLS 

A. Phase I NOx Emissions Reductions and Controls 

61. No later than December 31, 2007, the Settling Defendants shall install and 

commence continuous operation of Over-fire Air on Unit 2 at the Milton R. Young Station. 

62. No later than December 31, 2009, the Settling Defendants shall install and 

commence continuous operation of Over-fire Air on Unit 1 at the Milton R Young Station. 

63. With prior written notice to and written approval from EPA and NDDH, the Settling 

Defendants may, in lieu of installing and operating the NO" controls required by Paragraphs 61 

or 62, install and operate equivalent technology that will achieve a NO" emission rate of no 

greater than 0.36 lb!MMBtu based on a 30-Day Rolling Average Emission Rate. 

B. Phase n NOX Emissions Reductions and Controls 

64. The Phase II 30-Day Rolling Average NO" Emission Rates shall be determined in 

accordance with the procedures set forth in this subsection. 

65. Within six months after entry of this Consent Decree, the Settling Defendants shall 

submit to NDDH for review and approval, and to EPA for review, a NO" Top-Down BACT 

Analysis for each existing coal-fired Unit at the Milton R. Young Station. The Settling 

Defendants' NO" Top-Down BACT Analysis shall include all information necessary for NDDH 

to make a BACT Determination, and any additional information requested by EPA and NDDH. 

The Settling Defendants' NO" Top-Down BACT Analysis shall include an evaluation of 

Selective Catalytic Reduction, Selective Non-Catalytic Reduction, Over-fire Air, and Rich 

Reagent Injection, as well as other NOx control technologies. This NO" Top-Down BACT 

Analysis is independent and separate from the Settling Defendants' plans to install one or more 

19 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 23 of 35 

technologies pursuant to Paragraphs 61 and 62. The Settling Defendants shall retain a qualified 

contractor to assist in the performance and completion of each NO" Top-Down BACT Analysis. 

66. NDDH shall review the Settling Defendants' NOx Top-Down BACT Analysis, and 

shall develop its BACT Determination, in accordance with applicable federal and state statues, 

regulations, and guidance, including those cited in the definition of a NOx Top-Down BACT 

Analysis under this Consent Decree. After consultation with EPA, NDDH shall provide to the 

Parties its BACT Determination for NOx emissions from each existing coal-frred Unit at the 

Milton R. Young Station. NDDH' s BACT Determination shall include for each Unit the specific 

control technologies to be installed and a specific Phase II 30~Day Rolling Average NOx 

Emission Rate limitation (lbsiMMBtu). NDDH's BACT Determination shall also address 

specific NOx emission limitations during Unit startups. NDDH's BACT Determination shall be 

subject to the Dispute Resolution procedures set forth in Paragraph 147 of this Consent Decree. 

67. Beginning no later than December 31,2010, the Settling Defendants shall achieve 

and maintain the Phase II 30-Day Rolling Average NOx Emission Rates established by NDDH 

through its NOx BACT Determination for Unit 2. Beginning no later than December 31, 2011, 

the Settling Defendants shall achieve and maintain the Phase II 30-Day Rolling Average NOx 

Emission Rates established by NDDH through its NO" BACT Determination for Unit 1. Such 

Phase II 30-Day Rolling Average NO" Emission Rates shall not affect the Settling Defendants' 

obligation to also comply with the Phase I 30-Day Rolling Average NOx Emission Rates set 

forth herein. 

C. Use ofNOx Allowances 

68. Except as provided in this Consent Decree, the Settling Defendants shall not sell or 

20 

II 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 24 of 35 

trade any surplus NOx Allowances allocated to Units I, 2, and 3 at the Milton R. Young Station 

that would otherwise be available for sale or trade as a result of the actions taken by the Settling 

Defendants to comply with the requirements of this Consent Decree. 

69. The nwnber ofNOx Allowances that are surplus to the Settling Defendants' NOx 

Allowance-holding requirements shall be equal to the amount by which the NOx Allowances 

allocated to the Settling Defendants' Units 1, 2, and 3 at the Milton R. Young Station for a 

particular year are greater than the total amount ofNOx emissions from those same Units for the 

same year. 

70. Provided that the Settling Defendants are in compliance with the NOx emission 

limitations of this Consent Decree, nothing in this Consent Decree shall preclude the Settling 

Defendants from selling or transferring NOx Allowances allocated to the Milton R. Young 

Station that become available for sale or trade as a result of: 

a. activities that reduce NOx emissions from any Unit at the Milton R. Young 

Station prior to the date of entry of this Consent Decree; 

b. the installation and operation of any NOx pollution control technology or 

technique that is not otherwise required under this Consent Decree; 

c. achievement and maintenance ofNOx emission rates below the emission 

limits required by Section V (NO" Emissions Reductions and Controls); 

d. permanent shutdown of any Unit at the Milton R. Young Stations not 

otherwise required by this Consent Decree; and 

e. other emission reduction measures that are agreed to by the Parties and 

made enforceable through modifications of this Consent Decree; 

21 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 25 of 35 

so long as the Settling Defendants timely report the generation of such surplus NOx 

Allowances in accordance with Section XI (Periodic Reporting) of this Consent Decree. 

The Settling Defendants shall be allowed to sell or transfer NOx Allowances equal to the 

NOx emissions reductions achieved for any given year by any of the actions specified in 

Subparagraphs (b) through (e) only to the extent that the total NOx emissions from all 

Units at the Milton R. Young Station are below the emissions limits required by this 

Consent Decree. 

71. The Settling Defendants may not purchase or otherwise obtain NO)( Allowances from 

another source for purposes of complying with the requirements of this Consent Decree. 

However, nothing in this Consent Decree shall prevent the Settling Defendants from purchasing 

or otherwise obtaining NOx Allowances from another source for purposes of complying with 

state or federal Clean Air Act requirements to the extent otherwise allowed by law. 

D. General NOx Provisions 

72. In determining Emission Rates for NOx, the Settling Defendants shall use CEMS in 

accordance with the reference methods specified in 40 C.F.R. Part 75. 

73. At any time following the commencement of operation of the specific NOx control 

technologies required by the NDDH's NOx BACT Determination, the Settling Defendants may 

petition the Plaintiffs to revise the applicable Phase II 30-Day Rolling Average Emission Rate 

for NOx. In their petition, the Settling Defendants shall demonstrate and explain why they 

cannot consistently achieve and maintain the 30-Day Rolling Average Emission NOx Rate 

required by the NDDH's NOx BACT Determination for the Unit in question, considering all 

relevant information. The Settling Defendants shall include in such petition a proposed 

22 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 26 of 35 

alternative 30-Day Rolling Average Emission Rate for NOx. The Settling Defendants shall also 

retain a qualified contractor to assist in the preparation and completion of the petition for an 

alternative 30-Day Rolling Average Emission Rate for NOx. The Settling Defendants shall 

provide with each petition all pertinent documents and data. If the Plaintiffs disapprove the 

alternative 30-Day Rolling Average Emission Rate for NOx proposed by the Settling Defendants, 

such disapproval shall be subject to the provisions of Section XV (Dispute Resolution) of this 

Consent Decree. The Settling Defendants shall submit any petition for any Unit under this 

Paragraph no later than six (6) months after the final compliance date specified for that Unit in 

Paragraph 67. 

74. The Settling Defendants shall continuously operate all NOx control technology 

installed on the Milton R. Young Units at all times that the Unit served is in operation, consistent 

with the technological limitations, manufacturers' specifications to the extent practicable, and 

good engineering and maintenance practices for the NOx control technology. The Settling 

Defendants need not operate NOx control technology during periods ofMalfunction of the NOx 

control technology, or during periods of Malfunction of the Unit that have a significant adverse 

impact on the operation of the NOx control technology, provided that the Settling Defendants 

satisfy the requirements for Malfunction Events as set forth in Paragraph 138 (Malfunction 

Events). As set forth in Paragraph 138, a Malfunction may also constitute a Force Majeure 

Event if it meets the requirements for a Force Majeure Event in Section XIV (Force Majeure) of 

this Consent Decree. 

VI. PM EMISSION REDUCTIONS AND CONTROLS 

A. 0Rtimization of PM Emission Controls 

23 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 27 of 35 

75. Within ninety (90) days after entry of this Consent Decree and continuing thereafter, 

the Settling Defendants shall continuously operate each PM Control Device on the Milton R. 

Young Station Units to maximize PM emission reductions, consistent with the operational and 

maintenance limitations of the units. Specifically, the Settling Defendants shall, at a minimum: 

(a) energize each section of the ESP for each Unit, regardless of whether that action is needed to 

comply with opacity limits; (b) maintain the energy or power levels delivered to the ESP for 

each Unit to achieve the greatest possible removal of PM; (c) make best efforts to expeditiously 

repair and return to service transformer-rectifier sets when they fail; (d) inspect for, and schedule 

for repair, any openings in ESP casings and ductwork to minimize air leakage; (e) optimize for 

Unit 1 the plate-cleaning and discharge-electrode cleaning systems for the ESP by varying the 

cycle time, cycle frequency, rapper-vibrator intensity, and number of strikes per cleaning event; 

and (f) optimize for Unit 2 the plate~cleaning system for the ESP by varying the cycle time and 

frequency of the cycle. 

B. Compliance with PM Emission Limits 

76. Within one year of entry of the Consent Decree, and continuing annually thereafter, 

the Settling Defendants shall demonstrate, in accordance with Paragraphs 80 and 81, that Unit 2 

at the Milton R. Young Station can achieve and thereafter maintain a PM Emission Rate of no 

greater than 0.030 lb/J\.1MBtu. 

77. No later than one-hundred-eighty (180) days after the Settling Defendants install and 

commence continuous operation of the FGD (or equivalent 802 control technology approved 

pursuant to Paragraph 46) on Unit I at the Milton R. Young Station, and continuing annually 

thereafter, the Settling Defendants shall demonstrate, in accordance with Paragraphs 80 and 81, 

24 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 28 of 35 

that Unit 1 at the Milton R. Young Station can achieve and thereafter maintain a PM Emission 

Rate of: 

a. No greater than 0.030 lb/M:MBtu if the Settling Defendants install a wet FGD; 

and 

b. No greater than 0.015lb/MMBtu if the Settling Defendants install a dry FGD. 

78. The Settling Defendants shall continuously operate each ESP or baghouse at the 

Milton R. Young Station at all times that each Unit the ESP or baghouse serves is combusting 

Fossil Fuel, consistent with good engineering practices for PM control, to minimize PM 

emissions to the extent practicable. The Settling Defendants need not operate an ESP or 

baghouse during periods of Malfunction of the ESP or baghouse, or during periods of 

Malfunction of the Unit that have a significant adverse impact on the operation of the ESP or 

baghouse, provided that the Settling Defendants satisfy the requirements for Malfunction Events 

as set forth in Paragraph 138 (Malfunction Events). As set forth in Paragraph 13 8, a Malfunction 

may also constitute a Force Majeure Event if it meets the requirements for a Force Majeure 

Event in Section XIV (Force Majeure) of this Consent Decree. 

79. Within 180 days after the SettliD.g Defendants complete the installation of any 

equipment required by Paragraphs 76 and 77, the Settling Defendants shall conduct a 

performance test demonstration to ensure that the PM emission limitation set forth in Paragraphs 

76 and 77 can be consistently achieved in practice, including all requirements pertaining to 

proper operation and maintenance of control equipment. If the performance demonstration 

shows that the control equipment cannot consistently meet the required PM emission limitation, 

the Settling Defendants shall submit a report to EPA and NDDH proposing alternative emission 

25 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 29 of 35 

limits. 

C. PM Monitoring 

1. PM Stack Tests 

80. Beginning in calendar year 2006, and continuing annually thereafter, the Settling 

Defendants shall conduct PM performance testing on Milton R. Young Station Units 1 and 2. 

Such annual performance tests may be satisfied by stack tests conducted in a given year, in 

accordance with the Settling Defendants' permit from the State of North Dakota. 

81. In determining the PM Emission Rate, the Settling Defendants shall use the reference 

methods specified in 40 C.F.R. Part 60, App. A, Method 5 (filterable portion only) or 40 C.F.R. 

Part 60, App. A, Method 17 (fllterable portion only), using stack tests, or alternative methods 

that are requested by the Settling Defendants and approved by EPA. The Settling Defendants 

shall also calculate the PM Emission Rates from annual stack tests in accordance with 40 C.F.R. 

§ 60.8(±). In addition, the Settling Defendants shall submit the results of each PM stack test to 

NDDH and EPA within forty-five ( 45) days of completion of each test. 

2. PMCEMS 

82. The Settling Defendants shall install and operate PM CEMS in accordance with 

Paragraphs 82 through 88 on Unit 2 at the Milton R Young Station. The PM CEMS shall 

comprise a continuous particle mass monitor measuring particulate matter concentration, directly 

or indirectly, on an hourly average basis and a diluent monitor used to convert the concentration 

to units oflb/MMBtu. The Settling Defendants shall maintain, in an electronic database, the 

hourly average emission values of all PM CEMS in lb/MMBtu. The Settling Defendants shall 

use reasonable efforts to keep the PM CEMS running and producing data whenever Unit 2 is 

26 

•• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 30 of 35 

operating. 

83. No later than six (6) months after entry of this Consent Decree, the Settling 

Defendants shall submit to EPA and NDDH for review and approval pursuant to Section XII 

(Review and Approval of Submittals) of this Consent Decree a plan for the installation and 

certification of the PM CEMS for Milton R. Young Unit 2. 

84. No later than one hundred twenty (120) days prior to the deadline to commence 

operation of the PM CEMS, the Settling Defendants shall submit to EPA and NDDH for review 

and approval pursuant to Section XII (Review and Approval of Submittals) of this Consent 

Decree a proposed Quality Assurance/Quality Control ("QA/QC") protocol that shall be 

followed in calibrating such PM CEMS. Following EPA and NDDH's approval of the protocol, 

the Settling Defendants shall thereafter operate the PM CEMS in accordance with the approved 

protocol. 

85. In developing both the plan for installation and certification of the PM CEMS and 

the QA/QC protocol, the Settling Defendants shall use the criteria set forth in EPA's 

Amendments to Standards of Performance for New Stationary Sources: Monitoring 

Requirements, 69 Fed. Reg. 1786 (January 12, 2004). 

86. The Settling Defendants shall install and commence operation of PM CEMS on or 

before June 30, 2008. 

87. By December 31, 2008, the Settling Defendants shall conduct tests and demonstrate 

compliance with the PM CEMS installation and certification plan submitted to and approved by 

EPA and NDDH in accordance with Paragraphs 83 and 84. 

88. The Settling Defendants shall operate continuous opacity monitors on Unit 1 and 

27 

I 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 31 of 35 

Unit 2 of the Milton R. Young Station at all times those units are in operation. However, if the 

Settling Defendants demonstrate that either one of these continuo~ opacity monitors cannot 

provide accurate opacity measurement due to the formation of liquid water droplets in the flue. 

gas of a stack with a wet FGD, in accordance with Question 5.6, Part 75 of EPA's Emission 

Monitoring Policy Manual, then the Settling Defendants may submit to EPA and NDDH for 

review and approval alternative opacity procedures and requirements pursuant to the provisions 

of 40 C.F.R. § 60.13(i)(l). 

VII. PROHIBITION ON NETTING CREDITS OR 

OFFSETS FROM REQUIRED CONTROLS 

89. Emission reductions generated by the Settling Defendants to comply with the 

requirements of this Consent Decree shall not be considered as a creditable emission decrease for 

the purpose of obtaining a netting credit under the Clean Air Act's Nonattainment NSR and PSD 

programs. Notwithstanding the preceding sentence, the Settling Defendants may use any 

emission decreases ofN011, 802, and PM generated under this Consent Decree at Units 1 and 2 

as creditable decreases for the purpose of obtaining netting credit for these pollutants at Unit 3 

under the Clean Air Act's Nonattainment N8R and P8D programs, if: 

a. The Settling Defendants submit, as and addendum to its construction permit 

application for Unit 3, an analysis that proposes emissions limits for NOx, 802, 

and PM that are equivalent to BACT as defined in the 42 U.S.C. § 7479(3), and 

NDDH issues a federally enforceable permit for Unit 3 that includes emissions 

limits that reflect BACT-equivalent level controls at the time of construction of 

the Unit, and that are at least as stringent as a 30-Day Rolling Average S02 

28 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 32 of 35 

Removal Efficiency of at least ninety-five percent 95% (if the Settling Defendants 

install a wet FGD on Unit 3) or 90% (if the Settling Defendants install a dry FGD 

on Unit 3), a 30-Day Rolling Average NOx Emission Rate not greater than 0.100 

lb/MMBtu, and an Emission Rate for PM of no greater than 0.015 lbs/M:MBtu, 

provided that, at any time following the commencement of operation of this new 

Unit, the Settling Defendants may submit to EPA and NDDH a written petition 

for a higher 30-Day Rolling Average NOx Emission Rate if the Settling 

Defendants can demonstrate that it cannot achieve such an emission rate on this 

new Unit; 

b. The Settling Defendants have been and remain in full compliance with the plantwide S02 tonnage limitation set forth in Paragraph 50 of this Consent Decree and 

NDDH has issued a federally-enforceable permit for Units 1, 2, and 3 that will 

limit the Plant-Wide Annual Average of the Tonnage for Two Calendar Years for 

S02 at those units to 11,500 tons per year commencing January 1, 2012; and 

c. NDDH determines through air quality modeling submitted by the Settling 

Defendants in accordance with NDDH modeling protocols that the impact on 

either a PSD increment or on visibility in Class I Areas from the combined 

emissions at Units 1, 2 and 3, after the pollution control upgrades and installations 

required by this Consent Decree are operational, will be less than the impact from 

the combined emissions at Units 1 and 2 before such controls are operational. 

90. Decreases in actual emissions ofNOx, 802, and PM generated under this Consent 

Decree at Units 1 and 2 qualify as contemporaneous decreases under 40 C.F.R. § 52.2l(b)(3)(ii) 

29 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 33 of 35 

(July 1, 2005) for the purpose of obtaining netting credits for these pollutants at Unit 3, as long 

as the Settling Defendants commence construction of Unit 3 on or before December 31, 2012. 

91. Nothing in this Consent Decree is intended to affect the application of Section 33-15-

15-01.2 of the North Dakota Administrative Code regarding the availability of extensions on the 

commencement of construction for newly permitted facilities. 

92. Nothing in this Consent Decree is intended to preclude the emission reductions 

generated under this Consent Decree from being considered by NDDH and EPA as creditable 

emission decreases for the purpose of attainment demonstrations submitted pursuant to Section 

110 of the Act, 42 U.S.C. § 7410, or in determining impacts on NAAQS or PSD increment. 

VIII. ADDIDONAL INJUNCTIVE RELIEF 

93. The Settling Defendants shall implement the wind turbine project ("Project") 

described in this Section in compliance with the approved plans and schedules for such Project 

and other terms of this Consent Decree. The Settling Defendants shall submit plans for the 

Project to the United States for review and approval pursuant to Section XII (Review and 

Approval of Submittals) of this Consent Decree in accordance with the schedules set forth in this 

Section. In implementing the Project, the Settling Defendants shall spend no less than $5.0 

million in funds ("Project Dollars") pursuant to the schedule set forth in Paragraph 103. The 

Settling Defendants shall maintain, and present to the United States, upon request, all documents 

to substantiate the Project Dollars expended and shall provide these documents to the United 

States and NDDH within thirty (30) days of a request by the United States or NDDH for the 

documents. 

94. The Settling Defendants shall make all plans and reports prepared by the Settling 

30 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 34 of 35 

Defendants pursuant to the requirements of this Section of the Consent Decree publicly available 

without charge. 

95. The Settling Defendants shall certify, as part of the plan submitted to the United 

States for the Project that, as of the date of this Consent Decree, the Settling Defendants are not 

otherwise required by law to perform the Project described in the plan, that the Settling 

Defendants are unaware of any other person who is required by law to perform the Project, and 

that the Settling Defendants will not use the Project, or portion thereof, to satisfy any obligations 

that it may have under other applicable requirements of law. 

96. The Settling Defendants shall use good faith efforts to secure as much benefit as 

possible for the Project Dollars expended, consistent with the applicable requirements and limits 

of this Consent Decree. 

97. Regardless of whether the Settling Defendants elected (where such election is 

allowed) to undertake the Project by itself or to do so by contributing funds to another person or 

instrumentality that will carry out the Project, the Settling Defendants acknowledge that they 

will receive credit for the expenditure of such funds as Project Dollars only if the Settling 

Defendants demonstrate that the funds have been actually spent by either the Settling Defendants 

or by the person or instrumentality receiving them (or, in the case of internal costs, have actually 

been incurred by the Settling Defendants), and that such expenditures met all requirements of 

this Consent Decree. 

98. The Settling Defendants shall receive full credit for their expenditures only to the 

extent that they do not receive an offsetting fmancial or economic benefit from such 

expenditures; in determining how many Project Dollars have been spent by the Settling 

31 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 35 of 35 

Defendants, the Settling Defendants shall debit any such offsetting financial or economic benefit 

received against any of the Settling Defendants' expenditures for the Project. 

99. Within sixty (60) days following the completion of the Project required under this 

Consent Decree, the Settling Defendants shall submit to the United States a report that 

documents the date that the Project was completed, the Settling Defendants' results of 

implementing the Project, including the emission reductions or other environmental benefits 

achieved, and the Project Dollars expended by the Settling Defendants in implementing the 

Project. 

100. The Settling Defendants shall not financially benefit to a greater extent than any 

other member of the general public from the sale or transfer of technology obtained in the course 

of implementing any Project. 

101. Project Dollar credit given for the Project shall reflect the Settling Defendants' net 

cost in implementing the Project, and any economic benefit or income resulting from the Project 

shall be deducted from the Project Dollar credit given to the Project. 

102. Beginning one (1) year after entry of this Consent Decree, the Settling Defendants 

shall provide the United States with semi-annual updates concerning the progress of the Project. 

103. Within 180 days after entry ofthis Consent Decree, the Settling Defendants shall 

submit a plan to EPA and the State for a Project to provide their members with electricity 

generated from wind turbines. The Project shall require the Settling Defendants to either (a) by 

December 31, 2012, spend no less than $5,000,000 in Project Dollars to purchase and install its 

own wind turbines, or (b) by December 31, 2009, enter into a power purchase agreement with a 

provider of wind energy that requires the provider of wind energy to build new wind turbines by 

32 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 1 of 38 

this same date in the Settling Defendants' service territory with a capacity of approximately 

5 MW, and that obligates the Settling Defendants to purchase the entire electric output from the 

turbines for a period of no less than 15 years. The power purchase agreement shall have a 

discounted present value of cash outflows of no less than $5,000,000, based on a discount rate of 

6.25%. 

IX. CIVILPENALTY 

104. Within thirty (30) calendar days after entry of this Consent Decree, the Settling 

Defendants shall pay to the United States a civil penalty in the amount of$425,000. The civil 

penalty shall be paid by Electronic Funds Transfer ("EFT") to the United States Department of 

Justice, in accordance with current EFT procedures, referencing USAO File Number 2006V0009 

and DOJ Case Number 90-5-2-1-07717 and the civil action case name and case number of this 

action. The costs of such EFT shall be the Settling Defendants' responsibility. Payment shall be 

made in accordance with instructions provided to the Settling Defendants by the Financial 

Litigation Unit of the U.S. Attorney's Office for the District of North Dakota. Any funds 

received after 2:00 p.m. EDT shall be credited on the next business day. At the time of payment, 

the Settling Defendants shall provide notice of payment, referencing the USAO File Number, the 

DOJ Case Number, and the civil action case name and case number, to the Department of Justice 

and to EPA in accordance with Section XVIII {Notices) of this Consent Decree. 

105. Within thirty (30) calendar days after entry of this Consent Decree, the Settling 

Defendants shall pay to the State a civil penalty in the amount of $425,000. Payment shall be 

made in the form of a certified check or cashier's check, and be payable to "North Dakota 

Department of Health" Payment shall be sent to the Director, Air Quality Division, North 

33 

II 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 2 of 38 

Dakota Department of Health, Bismark, North Dakota 58506-5520. To ensure proper credit~ the 

check must reference United States, et al. v. Minnkota Power Cooperative, et al., and the civil 

action case number. 

106. Failure to timely pay the civil penalty shall subject the Settling Defendants to 

interest accruing from the date payment is due until the date payment is made at the rate 

prescribed by 28 U.S.C. § 1961, and shall render the Settling Defendants liable for all charges, 

costs, fees, and penalties established by law for the benefit of a creditor or of the United States in 

securing payment. 

107. Payments made pursuant to this Section are penalties within the meaning of· 

Section 162(f) of the Internal Revenue Code, 26 U.S. C.§ 162(f), and are not tax-deductible 

expenditures for purposes of federal law. 

X. RESOLUTION OF CLAIMS 

A. Resolution of Plaintiffs' Civil Claims 

108. Claims Based on Modifications Occurring Before the Lod&ing of Consent 

Decree. Entry of this Consent Decree shall resolve all civil claims of the Plaintiffs under: 

a Parts C and D of Subchapter I of the Clean Air Act; 

b. Section Ill of the Clean Air Act and 40 C.F .R. Part 60; 

c. Sections 502(a) and 504(a) of the Clean Air Act, but only to the extent that such 

claims are based on the Settling Defendants' failure to obtain an operating permit 

that reflects applicable requirements imposed under Part C of Subchapter I of the 

Clean Air Act; and 

d. Chapters 33-15-12 and 33-15-15 of the North Dakota Administrative Code, as 

34 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 3 of 38 

well as Chapters 33~15-01 and 33-15-14 as they relate to Chapters 33-15-12 and 

33-15-15~ and all relevant prior versions of these regulations; 

that arose from any modification that commenced at the Milton R. Young Station prior to the 

date of lodging of this Consent Decree, including but not limited to modifications alleged in the 

Complaint filed by the Plaintiffs in this civil action. 

I 09. Claims Based on Modifications After the Lod&ing of Consent Decree. Entry of 

this Decree also shall resolve all civil claims of the Plaintiffs for pollutants regulated under: 

a. Parts C and D of Subchapter I of the Clean Air Act, and under regulations 

promulgated thereunder as of the date of lodging of this Decree; and 

b. Chapter 33ft15-15 of the North Dakota Administrative Code, as well as 

Chapter 33-15-01 and 33-15-14 as they relate to Chapter 33-15-15; 

where such claims are based on a modification completed before December 31, 2015 and: i) 

commenced at either Unit 1 or Unit 2 at the Milton R. Young Station after lodging of this 

Decree; or ii) that this Consent Decree expressly directs the Settling Defendants to undertake. 

The term "modification" as used in this Paragraph shall have the meaning that tennis given 

under the Clean Air Act statute as it existed on the date of lodging of this Decree. 

110. Reopener. The resolution of the civil claims of the United States provided by this 

Subsection is subject to the provisions of Section B of this Section. 

B. Pursuit of Plaintiffs' Civil Claims Otherwise Resolved 

111. Bases for Pursuin~: Resolved Claims. If the Settling Defendants: 

a. fail by more than ninety (90) days (which may be extended by written 

agreement of the Parties) to complete installation or upgrade, and 

35 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 4 of 38 

commence operation, of any emission control device, unless that failure is 

excused under the Force Majeure provisions of this Consent Decree; or 

b. emit more 802 than allowed by the following tonnage limitations: 

1. 31 ,000 tons of 802 based on a Plant-Wide 12-Month Rolling 

Average Tonnage beginning January 1, 2006; 

2. 26,000 tons of 802 based on a Plant-Wide 12-Month Rolling 

Average Tmmage beginning January 1, 2011; 

3. 11,500 tons ofS02 based on a Plant-Wide 12-Month Rolling 

Average Tonnage beginning January 1, 2012; and 

4. 8,500 tons of 802 per year based on a Plant-Wide 12-Month 

Rolling Average Tonnage beginning January 1, 2014, in the event 

that Milton R. Young Unit 3 is not operational by December 31, 

2015; 

then the Plaintiffs may pursue any claim that is otherwise covered by the covenant not to 

sue or to bring administrative action under Subsection A of this Section for any claims based on 

modifications undertaken at a Unit where the modification(s) on which such claim is based was 

commenced after lodging of the Consent Decree and within the five years preceding the 

violation or failure specified in this Paragraph. 

112. Additional Bases for Pursuine Resolved Claims for Modifications. The 

Plaintiffs may also pursue claims arising from a modification (or collection of modifications) at a 

Unit that is otherwise covered by the covenant not to sue or to bring administrative action under 

Subsection A of this Section, if the modification (or collection of modifications) at the Unit on 

36 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 5 of 38 

which such claims are based (a) was commenced after lodging of this Consent Decree, and (b) 

individually (or collectively) increased the maximum hourly emission rate of that Unit for NOx 

or S02 (as measured by 40 C.F.R. § 60.14 (b) and (h)) by more than ten percent (1 0%). 

XI. PERIODIC REPORTING 

113. Beginning thirty (30) days after the end of the first full calendar quarter following 

the entry of this Consent Decree, continuing on a semi-annual basis until December 31, 2020, 

and in addition to any other express reporting requirement in this Consent Decree, the Settling 

Defendants shall submit to EPA and the State a progress report, containing 

a. all information necessary to determine compliance with this Consent Decree, 

including but not limited to information required to be included in the reports 

pursuant to Paragraphs 49, 55, 56, 70, and 99; and 

b. all information indicating that the installation and commencement of operation for 

a pollution control device may be delayed, including the nature and cause of the 

delay, and any steps taken by the Settling Defendants to mitigate such delay. 

114. In any periodic progress report submitted pursuant to this Section, the Settling 

Defendants may incorporate by reference information previously submitted under their Title V 

permitting requirements, provided that the Settling Defendants attach the Title V permit report 

(or pertinent portions of such report) and provide a specific reference to the provisions of the 

Title V permit report that are responsive to the information required in the periodic progress 

report. 

115. In addition to the progress reports required pursuant to this Section, the Settling 

Defendants shall provide a written report to Plaintiffs of any violation of the requirements of this 

37 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 6 of 38 

Consent Decree, including exceedances ofthe 30-Day Rolling Average Removal Efficiencies, 

30-day Rolling Average Emission Rates, PM Emission Rates, and Plant-Wide Tonnage limits 

within ten (10) business days of when the Settling Defendants knew or should have known of 

any such violation. In this report, the Settling Defendants shall explain the cause or causes of the 

violation and all measures taken or to be taken by the Settling Defendants to prevent such 

violations in the future. Exceedances of the PM Emission Rates shall be reported within fortyfive ( 45) days of the completion ofthe stack test that demonstrates such non-compliance. In this 

report, the Settling Defendants shall explain the cause or causes of the violation and all measures 

taken or to be taken by the Settling Defendants to prevent such violations in the future. 

116. Each Settling Defendant's report shall be signed by each of the Settling 

Defendant's Environmental Manager or, in his or her absence, the Settling Defendant's Vice 

President of Generation, or higher ranking official, and shall contain the following certification: 

This information was prepared either by me or under my direction 

or supervision in accordance with a system designed to assure that 

qualified personnel properly gather and evaluate the information 

submitted. Based on my evaluation, or the direction and my 

inquiry of the person(s) who manage the system, or the person(s) 

directly responsible for gathering the information, I hereby certify 

under penalty oflaw that, to the best of my knowledge and belief, 

this information is true, accurate, and complete. I understand that 

there are significant penalties for submitting false, inaccurate, or 

incomplete information to the United States. 

38 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 7 of 38 

XII. REVIEW AND APPROVAL OF SUBMITTALS 

117. The Settling Defendants shall submit each plan, report, or other submission to EPA 

and the State whenever such a document is required to be submitted for review or approval 

pursuant to this Consent Decree. EPA and the State, to the extent that this Consent Decree 

provides for joint approval with the State, may approve the submittal or decline to approve it and 

provide written comments. Within sixty ( 60) days of receiving written comments from EPA, the 

Settling Defendants shall either: (a) revise the submittal consistent with the written comments 

and provide the revised submittal for ftnal approval to EPA and, if applicable, to the State; or (b) 

submit the matter for dispute resolution, including the period of informal negotiations, under 

Section XV (Dispute Resolution) of this Consent Decree. 

118. Upon receipt ofEPA's final approval ofthe submittal, and the State's final 

approval, if applicable, or upon completion of the submittal pursuant to dispute resolution, the 

Settling Defendants shall implement the approved submittal in accordance with the schedule 

specified therein. 

XIII. STIPULATED PENALTIES 

119. For any failure by the Settling Defendants to comply with the terms of this Consent 

Decree, and subject to the provisions of Sections XIV (Force Majeure) and XV (Dispute 

Resolution) of this Consent Decree, the Settling Defendants shall pay, within thirty (30) days 

after receipt of written demand to the Settling Defendants by the United States, the following 

stipulated penalties to the United States: 

Consent Decree Violation 

39 

Stipulated Penalty 

(Per day per violation, 

unless otherwise specified) • 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 8 of 38 

a. Failure to pay the civil penalty as specified in $10,000 

Section IX (Civil Penalty) of this Consent Decree 

b. Failure to comply with any applicable NOx $2,500 

emission rate resulting from the State's BACT 

determination, 30-Day Rolling Average Removal 

Efficiency for S02, or Emission Rate for PM, where the 

violation is less than 5% in excess of the limits set forth in 

this Consent Decree 

c. Failure to comply with any applicable NOx $5,000 

emission rate or removal efficiency resulting from the 

State's BACT determination, 30-Day Rolling Average 

Removal Efficiency for S02, or Emission Rate for PM, 

where the violation is equal to or greater than 5% but less 

than 10% in excess of the limits set forth in this Consent 

Decree 

d. Failure to comply with any applicable NOx $10,000 

emission rate or removal efficiency resulting from the 

State's BACT determination, 30-Day Rolling Average 

Removal Efficiency for S02, or Emission Rate for PM, 

where the violation is equal to or greater than 10% in 

excess of the limits set forth in this Consent Decree 

e. Failure to comply with the Plant-Wide Tonnage $60,000 per ton per year 

Limitations for One Calendar Year or the Plant-Wide for the first 100 tons over the 

Tonnage Limitations for the Annual Average of Two limit, and $120,000 per ton per 

Calendar Years year for each additional ton 

over the limit 

f. Failure to install, upgrade, commence operation, $10,000 during the first 

or continue operation of the NOX, so2, and PM pollution 30 days, $27,000 thereafter 

control devices on any Unit 

g. Failure to install or operate CEMS as required in $1,000 

Paragraphs 82 through 88 

h. Failure to conduct annual performance tests of $1,000 

PM emissions, as required by Paragraphs 80 and 81 

i. Failure to apply for any permit required by this $1,000 

Consent Decree 

• 

40 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 9 of 38 

j. Failure to timely submit, modify, or implement, $750 during the first ten 

as approved, the reports, plans, studies, analyses, protocols, days, $1,000 thereafter 

or other submittals required by this Consent Decree 

k. Using, selling, or transferring 802 Allowances, the surrender, pursuant 

except as permitted in this Consent Decree to the procedures set forth in 

Paragraphs 55 through 57 of 

this Consent Decree, of S02 

Allowances in an amount equal 

to four times the number of 802 

Allowances used, sold, or 

transferred in violation of this 

Consent Decree 

1. Using, selling or transferring NOx Allowances the surrender ofNOx 

except as permitted in Paragraphs 68 through 71 Allowances in an amount equal 

to four times the number of 

NOx Allowances used, sold, or 

transferred in violation of this 

Consent Decree 

m. Failure to surrender an S02 Allowance as (a) $27,500 plus (b) 

required by Subsection B (Surrender ofS02 Allowances) of $1,000 per S02 Allowance 

Section IV (S02 Emission Reductions and Controls) 

n. Failure to undertake and complete any of the $1,000 during the ftrst 

Projects in compliance with Section VID (Additional 30 days, $5,000 thereafter 

Injunctive Relief) of this Consent Decree 

o. Any other violation of this Consent Decree $1,000 

120. Notwithstanding the foregoing, the Settling Defendants shall not be liable for 

failure to comply with a 30-Day Rolling Average Removal Efficiency for S02 if the Settling 

Defendants are in full compliance with the requirements of Paragraph 49 of this Consent Decree, 

such exceedance is due to the Settling Defendants' efforts to reduce ice formation on a wet FGD 

stack by resorting to a partial bypass of their FGD, and the Settling Defendants maintain a 30-

Day Rolling Average Removal Efficiency for S02 of no less than 83% during such periods of II 

41 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 10 of 38 

partial bypass. 

121. Violation of an Emission Rate or removal efficiency that is based on a 30-Day 

Rolling Average is a violation on every day on which the average is based. 

122. Where a violation of a 30-Day Rolling Average Removal Efficiency (from the same 

source) recurs within periods ofless than thirty (30) days, the Settling Defendants shall not pay a 

daily stipulated penalty for any day of the recurrence for which a stipulated penalty has already 

been paid. 

123. All stipulated penalties shall begin to accrue on the day after the performance is due 

or on the day a violation occurs, whichever is applicable, and shall continue to accrue until 

performance is satisfactorily completed or until the violation ceases. Nothing in this Consent 

Decree shall prevent the simultaneous accrual of separate stipulated penalties for separate 

violations of this Consent Decree. 

124. The Settling Defendants shall pay all stipulated penalties to the Plaintiffs within 

thirty (30) days of receipt of written demand to the Settling Defendants from the United States, 

and shall continue to make such payments every thirty (30) days thereafter until the violation(s) 

no longer continues, unless the Settling Defendants elects within 20 days of receipt of written 

demand to the Settling Defendants from the United States to dispute the accrual of stipulated 

penalties in accordance with the provisions in Section XV (Dispute Resolution) of this Consent 

Decree. 

125. Stipulated penalties shall continue to accrue as provided in Paragraph 119 during 

any dispute, with interest on accrued stipulated penalties payable and calculated at the rate 

established by the Secretary of the Treasury, pursuant to 28 U.S.C. § 1961, but need not be paid 

42 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 11 of 38 

until the following: 

a If the dispute is resolved by agreement, or by a decision of Plaintiffs pursuant to 

Section XV (Dispute Resolution) of this Consent Decree that is not appealed to 

the Court, accrued stipulated penalties agreed or determined to be owing, together 

with accrued interest, shall be paid within thirty (30) days of the effective date of 

the agreement or of the receipt of Plaintiffs' decision; 

b. If the dispute is appealed to the Court and Plaintiffs prevail in whole or in part, 

the Settling Defendants shall, within sixty (60) days of receipt of the Court's 

decision or order, pay all accrued stipulated penalties determined by the Court to 

be owing, together with accrued interest, except as provided in Subparagraph (c); 

c. If the Court's decision is appealed by any Party, the Settling Defendants shall, 

within fifteen (15) days of receipt of the fmal appellate court decision, pay all 

accrued stipulated penalties determined to be owing, together with accrued 

interest. 

For purposes of this Paragraph, the accrued stipulated penalties agreed by the Parties, or 

determined by the Plaintiffs through Dispute Resolution, to be owing may be less than the 

stipulated penalty amounts set forth in Paragraph 119. The Settling Defendants need not pay any 

stipulated penalties based on violations which they dispute and ultimately prevail under the 

Dispute Resolution provisions of this Consent Decree. 

126. All stipulated penalties shall be paid in the manner set forth in Section IX (Civil 

Penalty) of this Consent Decree. 

127. Should the Settling Defendants fail to pay stipulated penalties in compliance with 

43 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 12 of 38 

the terms of this Consent Decree, the Plaintiffs shall be entitled to collect interest on such 

penalties, as provided for in 28 U.S.C. § 1961. 

128. The stipulated penalties provided for in this Consent Decree shall be in addition to 

any other rights, remedies, or sanctions available to any Plaintiff by reason of the Settling 

Defendants' failure to comply with any requirement of this Consent Decree or applicable law, 

except that for any violation of the Act for which this Consent Decree provides for payment of a 

stipulated penalty, the Settling Defendants shall be allowed a credit for stipulated penalties paid 

against any statutory penalties also imposed for such violation. 

XIV. FORCE MAJEURE 

129. For purposes of this Consent Decree, a ~'Force Majeure Event" shall mean an event 

that has been or will be caused by circumstances beyond the control of the Settling Defendants, 

their contractors, or any entity controlled by the Settling Defendants that delays compliance with 

any provision of this Consent Decree or otherwise causes a violation of any provision of this 

Consent Decree despite the Settling Defendants' best efforts to fulfill the obligation. "Best 

efforts to fulfill the obligation" include using best efforts to anticipate any potential Force 

Majeure Event and to address the effects of any such event (a) as it is occurring and (b) after it 

has occurred, such that the delay or violation is minimized to the greatest extent possible. 

130. Notice of Force Majeure Events. If any event occurs or has occurred that may 

delay compliance with or otherwise cause a violation of any obligation under this Consent 

Decree, as to which the Settling Defendants intends to assert a claim of Force Majeure, the 

Settling Defendants shall notify the United States and the State in writing as soon as practicable, 

but in no event later than fourteen (14) business days following the date the Settling Defendants 

44 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 13 of 38 

first knew, or by the exercise of due diligence should have known, that the event caused or may 

cause such delay or violation. In this notice, the Settling Defendants shall reference this 

Paragraph of this Consent Decree and describe the anticipated length of time that the delay or 

violation may persist, the cause or causes of the delay or violation, all measures taken or to be 

taken by the Settling Defendants to prevent or minimize the delay or violation, the schedule by 

which the Settling Defendants proposes to implement those measures, and the Settling 

Defendants' rationale for attributing a delay or violation to a Force Majeure Event. The Settling 

Defendants shall adopt all reasonable measures to avoid or minimize such delays or violations. 

The Settling Defendants shall be deemed to know of any circti.mstance which the Settling 

Defendants, their contractors, or any entity controlled by the Settling Defendants knew or should 

have known. 

131. Failnre to Give Notice. Ifthe Settling Defendants fails to comply with the notice 

requirements in the preceding Paragraph, the Plaintiffs may void the Settling Defendants' claim 

for Force Majeure as to the specific event for which the Settling Defendants have failed to 

comply with such notice requirement. 

132. Plaintiffs' Response. The Plaintiffs shall notify the Settling Defendants in writing 

regarding the Settling Defendants' claim of Force Majeure within twenty (20) business days of 

receipt of the notice provided under Paragraph 130. If the Plaintiffs agree that a delay in 

performance has been or will be caused by a Force Majeure Event, the Parties shall stipulate to 

an extension of deadline(s) for performance of the affected compliance requirement(s) by a 

period equal to the delay actually caused by the event. In such circumstances, an appropriate 

modification shall be made pursuant to Section XXII (Modification) of this Consent Decree. 

45 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 14 of 38 

133. Disaereement If the Plaintiffs do not accept the Settling Defendants' claim of 

Force Majeure, or if the Parties cannot agree on the length of the delay actually caused by the 

Force Majeure Event, the matter shall be resolved in accordance with Section XV (Dispute 

Resolution) of this Consent Decree. 

134. Burden of Proof. In any dispute regarding Force Majeure, the Settling Defendants 

shall bear the burden of proving that any delay in performance or any other violation of any 

requirement of this Consent Decree was caused by or will be caused by a Force Majeure Event. 

The Settling Defendants shall also bear the burden of proving that the Settling Defendants gave 

the notice required by Paragraph 130 and the burden of proving the anticipated duration and 

extent of any delay(s) attributable to a Force Majeure Event. An extension of one compliance 

date based on a particular event may, but will not necessarily, result in an extension of a 

subsequent compliance date. 

135. Events Excluded. Unanticipated or increased costs or expenses associated with the 

performance of the Settling Defendants' obligations under this Consent Decree shall not 

constitute a Force Majeure Event. 

136. Potential Force Majeure Events. The Parties agree that, depending upon the 

circumstances related to an event and the Settling Defendants' response to such circumstances, 

the kinds of events listed below are among those that could qualify as Force Majeure Events 

within the meaning of this Section: construction, labor, or equipment delays; Malfunction of a 

Unit or emission control device; acts of God; acts of war or terrorism; and orders by a 

government official, government agency, or other regulatory body acting under and authorized 

by applicable law that directs the Settling Defendants to supply electricity in response to a 

46 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 15 of 38 

system-wide (state-wide or regional) emergency. Depending upon the circumstances and the 

Settling Defendants' response to such circumstances, failure of a permitting authority to issue a 

necessary permit in a timely fashion may constitute a Force Majeure Event where the failure of 

the permitting authority to act is beyond the control of the Settling Defendants and the Settling 

Defendants have taken all steps available to it to obtain the necessary permit, including, but not 

limited to: submitting a complete permit application; responding to requests for additional 

information by the permitting authority in a timely fashion; and accepting lawful permit terms 

and conditions after expeditiously exhausting any legal rights to appeal terms and conditions 

imposed by the permitting authority, provided that the Settling Defendants shall not be precluded 

from asserting that a new Force Majeure Event has caused or may cause a new or additional 

delay in complying with the extended or modified schedule. 

13 7. As part of the resolution of any matter submitted to this Court under Section XV 

(Dispute Resolution) of this Consent Decree regarding a claim of Force Majeure, the Parties by 

agreement, or this Court by order, may in appropriate circumstances extend or modify the 

schedule for completion of work under this Consent Decree to account for the delay in the work 

that occurred as a result of any delay agreed to by the United States and the State or approved by 

the Court. The Settling Defendants shall be liable for stipulated penalties for their failure 

thereafter to complete the work in accordance with the extended or modified schedule. 

138. Malfunctions. The Settling Defendants shall notify EPA and NDDH in writing of 

each Malfunction impacting a pollution control technology required by this Consent Decree as 

soon as practicable, but in no event later than fourteen (14) business days following the date that . 

the Settling Defendants first knew, or by the exercise of due diligence should have known, of the 

47 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 16 of 38 

Malfunction. The Settling Defendants shall be deemed to know of any circumstance which the 

Settling Defendants, their contractors, or any entity controlled by the Settling Defendants knew 

or should have known. In this notice, the Settling Defendants shall describe the anticipated 

length of time that the Malfunction may persist, the cause or causes of the Malfunction, all 

measures taken or to be taken by the Settling Defendants to minimize the duration of the 

Malfunction, and the schedule by which the Settling Defendants proposes to implement those 

measures. The Settling Defendants shall adopt all reasonable measures to minimize the duration 

of such Malfunctions and, consistent with 40 C.P.R. § 60.ll(d), shall, to the extent practicable, 

maintain and operate any affected Unit and associated air pollution control equipment in a 

manner consistent with good air pollution control practice for minimizing emissions. A 

Malfunction, as defmed in Paragraph 16 <;>fthis Consent Decree, does not constitute a Force 

Majeure Event unless the Malfunction also meets the definition of a Force Majeure Event, as 

provided in this Section. Conversely, a period of Malfunction may be excluded by the Settling 

Defendants from the calculations of emission rates and removal efficiencies, as allowed under 

this Paragraph, if the Malfunction constitutes a Force Majeure event. 

XV. DISPUTE RESOLUTION 

139. The dispute resolution procedure provided by this Section shall be available to 

resolve all disputes arising under this Consent Decree, provided that the Party invoking such 

procedure has first made a good faith attempt to resolve the matter with the other Parties. 

140. The dispute resolution procedure required herein shall be invoked by one Party 

giving written notice to the other Parties advising of a dispute pursuant to this Section. The 

notice shall describe the nature of the dispute and shall state the noticing Party's position with 

48 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 17 of 38 

regard to such dispute. The Parties receiving such a notice shall acknowledge receipt of the 

notice, and the Parties in dispute shall expeditiously schedule a meeting to discuss the dispute 

informally not later than fourteen (14) days following receipt of such notice. 

141. Disputes submitted to dispute resolution under this Section shall, in the first 

instance, be the subject of informal negotiations among the disputing Parties. Such period of 

informal negotiations shall not extend beyond thirty (30) calendar days from the date of the first 

meeting among the disputing Parties' representatives unless they agree in writing to shorten or 

extend this period. During the informal negotiations period, the disputing Parties may also 

submit their dispute to a mutually-agreed-upon alternative dispute resolution ("ADR") forum if 

the Parties agree that the ADR activities can be completed within the 30-day informal 

negotiations period (or such longer period as the Parties may agree to in writing). 

142. If the disputing Parties are unable to reach agreement during the informal 

negotiation period, the Plaintiffs shall provide the Settling Defendants with a written summary of 

their position regarding the dispute. The written position provided by the Plaintiffs shall be 

considered binding unless, within forty-five (45) calendar days thereafter, the Settling 

Defendants seeks judicial resolution of the dispute by filing a petition with this Court The 

Plaintiffs may respond to the petition within forty-five ( 45) calendar days of filing. 

143. Where the nature of the dispute is such that a more timely resolution of the issue is 

required, the time periods set out in this Section may be shortened upon motion of one of the 

Parties to the dispute. 

144. This Court shall not draw any inferences nor establish any presumptions adverse to 

any disputing Party as a result of invocation of this Section or the disputing Parties' inability to 

49 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 18 of 38 

reach agreement. 

14 5. As part of the resolution of any dispute under this Section, in appropriate 

circumstances the disputing Parties may agree, or this Court may order, an extension or 

modification of the schedule for the completion of the activities required under this Consent 

Decree to account for the delay that occurred as a result of dispute resolution. The Settling 

Defendants shall be liable for stipulated penalties for their failure thereafter to complete the work 

in accordance with the extended or modified schedule, provided that the Settling Defendants 

shall not be precluded from asserting that a Force Majeure Event has caused or may cause a 

delay in complying with the extended or modified schedule. 

146. The Court shall decide all disputes pursuant to applicable principles of law for 

resolving such disputes. In their initial ftlings with the Court under Paragraph 142, the disputing 

Parties shall state their respective positions as to the applicable standard of law for resolving the 

particular dispute. 

14 7. This Paragraph shall govern all disputes under this Consent Decree between any 

Party regarding the BACT Detennination provided by NDDH under Section V(B) of this 

Consent Decree. The Settling Defendants hereby waive their rights to challenge or dispute 

NDDH's BACT Determination other than through this Paragraph, which shall constitute the sole 

means by which the Settling Defendants may dispute such determination. 

a. If any Party does not agree, in whole or in part, with NDDH's BACT 

Determination or with the 30-Day Rolling Average NOx Emission Rate 

established by NDDH as part of its BACT Determination, it shall notify the other 

Parties within thirty (30) days of receipt of the BACT Determination. The notice 

50 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 19 of 38 

shall describe the particular reason(s) for disagreeing with NDDH's BACT 

Determination. The disputing Party shall bear the burden of proof throughout the 

dispute resolution process. The Parties to the dispute shall endeavor to resolve 

the dispute infonnally for up to thirty (30) days following issuance of such notice. 

b. If the Parties to the dispute do not reach an agreement during this informal dispute 

resolution process, each disputing Party shall provide the other Parties with a 

written summary of its position within thirty (30) calendar days after the end of 

the infonnal process. The written position(s) provided by the State· shall be 

considered binding unless, within forty-five (45) calendar days thereafter, a Party 

files with this Court a petition which describes the nature of the dispute and seeks 

judicial resolution. The other Parties to the dispute shall respond to the petition(s) 

within forty-five (45) calendar days of each such ftling. 

c. The Court shall sustain the decision by NDDH unless the Party disputing the 

BACT Determination demonstrates that it is not supported by the state 

administrative record and not reasonable in light of applicable statutory and 

regulatory provisions. 

XVI. PERMITS 

148. Unless expressly stated otherwise in this Consent Decree (e.g. Paragraph 109), in 

any instance where otherwise applicable law or this Consent Decree requires the Settling 

Defendants to secure a permit to authorize construction or operation of any device, including all 

preconstruction, construction, and operating permits required under state law, the Settling 

51 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 20 of 38 

Defendants shall make such application in a timely manner. The United States and NDDH will 

use their best efforts to expeditiously review all permit applications submitted by the Settling 

Defendants in order to meet the requirements of this Consent Decree. 

149. When permits are required, the Settling Defendants shall complete and submit 

applications for such permits to the appropriate authorities to allow sufficient time for all legally 

required processing and review of the permit request, including requests for additional 

information by the permitting authorities. Any failure by the Settling Defendants to submit a 

timely permit application for any Unit at the Milton R Young Station shall bar any use by the 

Settling Defendants of Section XIV (Force Majeure) of this Consent Decree, where a Force 

Majeure claim is based on permitting delays. 

150. Notwithstanding the reference to the Title V permit in this Consent Decree, the 

enforcement of the permit shall be in accordance with its own terms and the Act. The Title V 

permit shall not be enforceable under this Consent Decree, although any term or limit established 

by or under this Consent Decree shall be enforceable under this Consent Decree regardless of 

whether such term has or will become part of a Title V permit, subject to the terms of Section 

XXVI (Conditional Termination of Enforcement Under Consent Decree) of this Consent Decree. 

151. Within ninety (90) days after entry of this Consent Decree, the Settling Defendants 

shall amend any applicable Title V permit application, or apply for amendments of their Title V 

permit, to include a schedule for all unit-specific and plant-specific performance, operational, 

maintenance, and control technology requirements established by this Consent Decree including, 

but not limited to, emission rates, removal efficiencies, tonnage limitations, and the requirements 

pertaining to the surrender of S02 Allowances. 

52 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 21 of 38 

152. Within one (1) year from the commencement of operation of each pollution 

control device to be installed or upgraded on a Unit under this Consent Decree, the Settling 

Defendants shall apply to include the requirements and limitations enumerated in this Consent 

Decree in either a federally enforceable permit (other than a Title V permit) or amendments to 

the North Dakota State Implementations Plan ("SIP"). The permit or SIP amendment shall 

require compliance with the following: (a) any applicable 30-Day Rolling Average Emission 

Rate or 3 0-Day Rolling Average Removal Efficiency, (b) the allowance surrender requirements 

set forth in this Consent Decree, and (c) any applicable Tonnage limitations set forth in this 

Consent Decree. 

153. The Settling Defendants shall provide the United States with a copy of each 

application for a federally enforceable permit or SIP amendment, as well as a copy of any permit 

proposed as a result of such application, to allow for timely participation in any public comment 

opportunity. The Settling Defendants and the NDDH agree to incorporate the S02 limitations in 

Subparagraphs 50( c) (and Subparagraph 50( d), if applicable) as federally-enforceable limits for 

the Settling Defendants in future permitting proceedings. 

154. If the Settling Defendants sell or transfer to an entity unrelated to the Settling 

Defendants ("Third Party Purchaser") part or all of an ownership interest in a Unit ("Ownership 

Interest") covered under this Consent Decree, the Settling Defendants shall comply with the 

requirements of Paragraphs 148 through 153 with regard to that Unit prior to any such sale or 

transfer unless, following any such sale or transfer, the Settling Defendants remains the holder of 

the permit for such facility. 

53 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 22 of 38 

XVII. INFORMATION COLLECTION AND RETENTION 

155. Any authorized representative of the Plaintiffs, including their attorneys, 

contractors~ and consultants, upon presentation of credentials, shall have a right of entry upon the 

premises of any facility covered under this Consent Decree at any reasonable time for the 

purpose of: 

a. monitoring the progress of activities required under this Consent Decree; 

b. verifying any data or information submitted to the Plaintiffs in accordance with 

the terms of this Consent Decree; 

c. obtaining samples and, upon request, splits of any samples taken by the Settling 

Defendants or their representatives, contractors, or consultants; and 

d. assessing the Settling Defendants' compliance with this Consent Decree. 

1 56. The Settling Defendants shall retain, and instruct their contractors and agents to 

preserve, all non-identical copies of all records and documents (including records and documents 

in electronic form) now in their or their contractors' or agents' possession or control, and that 

directly relate to the Settling Defendants' performance of their obligations under this Consent 

Decree, until December 31, 2020. This record retention requirement shall apply regardless of 

any corporate document retention policy to the contrary. 

15 7. All information and documents submitted by the Settling Defendants pursuant to 

this Consent Decree shall be subject to public disclosure based on requests under applicable law 

providing for such disclosure unless (a) the information and documents are subject to legal 

privileges or protection or (b) the Settling Defendants claim and substantiate in accordance with 

40 C.F .R. Part 2 that the information and documents contain confidential business information. 

54 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 23 of 38 

158. Nothing in this Consent Decree shall limit the authority of the Plaintiffs to conduct 

tests and inspections at facilities covered under this Consent Decree under Section 114 of the 

Act, 42 U.S.C. § 7414, or any other applicable federal or state laws, regulations or permits. 

XVIII. NOTICES 

159. Unless otherwise provided herein, whenever notifications, submissions, or 

communications are required by this Consent Decree, they shall be made in writing and 

addressed as follows: 

As to the United States of America: 

Chief, Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611, Ben Franklin Station 

Washington, D.C. 20044-7611 

DOJ# 90-5-2-1-07717 

and 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

Ariel Rios Building [2242A] 

1200 Pennsylvania Avenue, N.W. 

Washington, DC 20460 

and 

U. S. EPA, Region 8 

Director, Office of Enforcement, Compliance, and Environmental Justice 

999 18th Street, Suite 300 

Denver, Colorado 80202-2466 

As to the State ofNorth Dakota: 

Director, Air Quality Division 

North Dakota Department of Health 

55 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 24 of 38 

Bismark, North Dakota 58506-5520 

As to the Settling Defendants: 

David Sogard, General Counsel 

John Graves, Environmental Manager 

1822 State Mill Road 

P.O. Box 13200 

Grand Forks, ND 58208-3200 

160. All notifications, communications or submissions made pursuant to this Section 

shall be sent either by: (a) overnight mail or delivery service; (b) certified or registered mail, 

return receipt requested; or (c) electronic transmission, unless the recipient is not able to review 

the transmission in electronic form. All notifications, communications and transmissions (a) sent 

by overnight, certified or registered mail shall be deemed submitted on the date they are 

postmarked, or (b) sent by overnight delivery service shall be deemed submitted on the date they 

are delivered to the delivery service. All notifications, communications, and submissions made 

by electronic means shall be electronically signed and certified, and shall be deemed submitted 

on the date that the Settling Defendants receive written acknowledgment of receipt of such 

transmission. 

161. Any Party may change either the notice recipient or the address for providing 

notices to it by serving the other Parties with a notice setting forth such new notice recipient or 

address. 

XIX. SALES OR TRANSFERS OF OWNERSHIP INTERESTS 

162. If the Settling Defendants propose to sell or transfer part or all of their ownership 

interest in any of their real property or operations subject to this Consent Decree ("Ownership 

Interest") to an entity unrelated to the Settling Defendants ("Third Party Purchaser"), they shall 

56 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 25 of 38 

advise the Third Party Purchaser in writing of the existence of this Consent Decree prior to such 

sale or transfer, and shall send a copy of such written notification to the Plaintiffs pursuant to 

Section XVIII (Notices) at least sixty (60) days before such proposed sale or transfer. 

163. No sale or transfer of an Ownership Interest shall take place before the Third Party 

Purchaser and the Plaintiffs have executed, and the Court has approved, a modification pursuant 

to Section XXII (Modification) of this Consent Decree making the Third Party Purchaser a party 

defendant to this Consent Decree and jointly and severally liable with the Settling Defendants for 

all the requirements of this Consent Decree that may be applicable to the transferred or 

purchased Ownership Interests, except as provided in Paragraph 165, below. 

164. This Consent Decree shall not be construed to impede the transfer of any 

Ownership Interests between the Settling Defendants and any Third Party Purchaser as long the 

requirements of this Consent Decree are met. In addition, this Consent Decree shall not be 

construed to prohibit a contractual allocation-as between the Settling Defendants and any Third 

Party Purchaser of Ownership Interests-of the burdens of compliance with this Decree, provided 

that both the Settling Defendants and such Third Party Purchaser shall remain jointly and 

severally liable to the Plaintiffs for the obligations of the Decree applicable to the transferred or 

purchased Ownership Interests, except as provided in Paragraph 165. 

165. If the Plaintiffs agree, the United States, the State, the Settling Defendants and the 

Third Party Purchaser that has become a party defendant to this Consent Decree pursuant to 

Paragraph 163 may execute a modification that relieves Minnkota and/or Square Butte of their 

liability under this Consent Decree for, and makes the Third Party Purchaser liable for, all 

obligations and liabilities applicable to the purchased or transferred Ownership Interests. 

57 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 26 of 38 

Notwithstanding the foregoing, however, the Settling Defendants may not assign, and may not 

be released :from, any obligation under this Consent Decree that is not specific to the purchased 

or transferred Ownership Interests, including the obligations set forth in Sections VIII 

(Additional Injunctive Relief) and IX (Civil Penalty). The Settling Defendants may propose and 

the Plaintiffs may agree to restrict the scope of joint and several liability of any purchaser or 

transferee for any obligations of this Consent Decree that are not specific to the purchased or 

transferred OWnership Interests to the extent such obligations may be adequately separated in an 

enforceable manner. 

XX. EFFECTIVE DATE· 

166. The effective date of this Consent Decree shall be the date upon which this Consent 

Decree is entered by the Court. 

XXI. RETENTION OF JURISDICTION 

167. ContinuinK Jurisdiction. The Court shall retain jurisdiction of this case after entry 

of this Consent Decree to enforce compliance with the terms and conditions of this Consent 

Decree and to take any action necessary or appropriate for its interpretation, construction, 

execution, modification, or adjudication of disputes. During the term of this Consent Decree, 

any Party to this Consent Decree may apply to the Court for any relief necessary to construe or 

effectuate this Consent Decree. 

58 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 27 of 38 

XXII. MODIFICATION 

168. The terms of this Consent Decree may be modified only by a subsequent written 

agreement signed by all Parties. Where the modification constitutes a material change to any 

term of this Consent Decree, it shall be effective only upon approval by the Court. 

XXIII. GENERAL PROVISIONS 

169. This Consent Decree is not a permit. Compliance with the terms of this Consent 

Decree does not guarantee compliance with all applicable federal, state, or local laws or 

regulations. The removal efficiencies and emission rates set forth herein do not relieve the 

Settling Defendants from any obligation to comply with other state and federal requirements 

under the Clean Air Act, including the Settling Defendants' obligations to satisfy any state 

modeling requirements set forth in the North Dakota State Implementation Plan. Unless 

otherwise indicated herein, citations to statutes or regulations herein shall mean the version of 

the statutes or regulations in force as of July 1, 2005. 

170. This Consent Decree does not apply to any claim(s) of alleged criminal liability. 

171. In any subsequent administrative or judicial action initiated by the Plaintiffs for 

injunctive relief or civil penalties relating to the facilities covered by this Consent Decree, the 

Settling Defendants shall not assert any defense or claim based upon principles of waiver, res 

judicata, collateral estoppel, issue preclusion, claim preclusion, or claim splitting, or any other 

defense based upon the contention that the claims raised by the Plaintiffs in the subsequent 

proceeding were brought, or should have been brought, in the instant case; provided, however, 

that nothing in this Paragraph is intended to, or shall, affect the validity of Section X (Resolution 

of Claims) of this Consent Decree. 

59 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 28 of 38 

172. Except as specifically provided by this Consent Decree, nothing in this Consent 

Decree shall relieve the Settling Defendants of their obligations to comply with all applicable 

federal, state, and local laws and regulations. Nothing contained in this Consent Decree shall be 

construed to prevent or limit the rights of the Plaintiffs to obtain penalties, injunctive relief or 

other relief under the Act or other federal, state, or local statutes, regulations, or pennits. 

173. Every term expressly defmed by this Consent Decree shall have the meaning given 

to that term by this Consent Decree and, except as otherwise provided in this Consent Decree, 

every other term used in this Consent Decree that is also a term under the Act or the regulations 

implementing the Act shall mean in this Consent Decree what such term means under the Act or 

those implementing regulations. 

174. Nothing in this Consent Decree is intended to, or shall, alter or waive any 

applicable law (including but not limited to any defenses, entitlements, challenges, or 

clarifications related to the Credible Evidence Rule, 62 Fed. Reg. 8315 (Feb. 27, 1997)) 

concerning the use of data for any purpose under the Act, generated either by the reference 

methods specified herein or otherwise. 

175. Each limit and/or other requirement established by or under this Consent Decree is 

a separate, independent requirement 

176. Performance standards, emissions limits, and other quantitative standards set by or 

under this Consent Decree must be met to the number of significant digits in which the standard 

or limit is expressed. For example, an Emission Rate of 0.100 is not met if the actual Emission 

Rate is 0.1 01. The Settling Defendants shall round the fourth significant digit to the nearest third 

significant digit, or the third significant digit to the nearest second significant digit, depending 

60 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 29 of 38 

upon whether the limit is expressed to three or two significant digits. For example, if an actual 

Emission Rate is 0.1004, that shall be reported as 0.100, and shall be in compliance with an 

Emission Rate of 0.1 00, and if an actual Emission Rate is 0.1005, that shall be reported as 0.101, 

and shall not be in compliance with an Emission Rate of 0.1 00. The Settling Defendants shall 

report data to the number of significant digits in which the standard or limit is expressed. 

177. This Consent Decree does not limit, enlarge or affect the rights of any Party to this 

Consent Decree as against any third parties. 

178. This Consent Decree constitutes the final, complete and exclusive agreement and 

understanding among the Parties with respect to the settlement embodied in this Consent Decree, 

and supersedes all prior agreements and understandings among the Parties related to the subject 

matter herein. No document, representation, inducement, agreement, understanding, or promise 

constitutes any part of this Consent Decree or the settlement it represents, nor shall they be used 

in construing the terms of this Consent Decree. 

179. The United States and the Settling Defendants shall bear their own costs and 

attorneys' fees. 

XXIV. SIGNATORIES AND SERVICE 

180. Each undersigned representative of the Parties certifies that he or she is fully 

authorized to enter into the terms and conditions of this Consent Decree and to execute and 

legally bind to this document the Party he or she represents. 

181. This Consent Decree may be signed in counterparts, and such counterpart signature 

pages shall be given full force and effect. 

182. Each Party hereby agrees to accept service of process by mail with respect to all 

61 

II 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 30 of 38 

matters arising under or relating to this Consent Decree and to waive the formal service 

requirements set forth in Rule 4 of the Federal Ru1es of Civil Procedure and any applicable Local 

Rules of this Court including, but not limited to, service of a su:nnD.ons. 

XXV. PUBLIC COMMENT 

183. The Parties agree and acknowledge that final approval by the United States and 

entry of this Consent Decree is subject to the procedures of28 C.F.R. § 50.7, which provides for 

notice of the lodging of this Consent Decree in the Federal Register, an opportunity for public 

comment, and the right of the United States to withdraw or withhold consent if the comments 

disclose facts or considerations which indicate that the Consent Decree is inappropriate, 

improper or inadequate. The Settling Defendants shall not oppose entry of this Consent Decree 

by this Court or challenge any provision of this Consent Decree unless the United States has 

notified the Settling Defendants, in writing, that the United States no longer supports entry of the 

Consent Decree. 

XXVI. CONDITIONAL TERMINATION OF ENFORCEMENT 

UNDER CONSENT DECREE 

184. Termination as to Completed Tasks. As soon as the Settling Defendants 

complete a construction project or any other requirement of this Consent Decree that is not 

ongoing or recurring, the Settling Defendants may, by motion to this Court, seek termination of 

the provision or provisions of this Consent Decree that imposed the requirement. 

185. Conditional Termination of Enforcement Throui:h the Consent Decree. After 

the Settling Defendants: 

a. have successfully completed construction, and have maintained operation, of all 

62 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 31 of 38 

pollution controls as required by this Consent Decree; 

b. have obtained a final Title V pennit (I) as required by the terms of this Consent 

Decree; (ii) that cover all units in this Consent Decree; and (iii) that include as 

enforceable permit terms all of the Unit performance and other requirements 

specified in Section XVI (Permits) of this Consent Decree; and 

c. certified that the date is later than December 31, 2015; 

then the Settling Defendants may so certify these facts to the Plaintiffs and this Court. If the 

Plaintiffs do not object in writing with specific reasons within forty-five (45) days of receipt of 

the Settling Defendants' certification, then, for any Consent Decree violations that occur after 

the flling of notice, the Plaintiffs shall pursue enforcement of the requirements contained in the 

Title V permit through the applicable Title V permit and not through this Consent Decree. 

186. Resort to Enforcement under this Consent Decree. Notwithstanding 

Paragraph 187, if enforcement of a provision in this Consent Decree cannot be pursued by a 

Party under the applicable Title V permit, or if a Consent Decree requirement was intended to be 

part of a Title V Permit and did not become or remain part of such permit, then such requirement 

may be enforced under the tenns of this Consent Decree at any time, unless and until the Settling 

Defendants have secured a source-specific revision to the North Dakota State Implementation 

Plan to reflect the emission limitations, emissions monitoring, and allowance surrender 

requirements set forth in this Consent Decree. 

63 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 32 of 38 

XX:Vll. FINAL JUDGMENT 

187. Upon approval and entry of this Consent Decree by the Court, this Consent Decree 

shall constitute a final judgment in the above-captioned matter between the Plaintiffs and the 

Settling Defendants. N,. 

so ORDERED, THIS 27 DAY OF ----ll~-=...,~-_;1 2006. 

• 

64 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 33 of 38 

FOR THE UNITED STATES OF AMERICA: 

Assistant Attorney General 

Environmental and Natural Resources Division 

United States Department of Justice 

Environmental Enforcement Section 

Environmental and Natural Resources Division 

United States Department of Justice 

65 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 34 of 38 

istant Administrator 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

Attorney Adv1 r 

Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

66 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 35 of 38 

CAROL RUSHIN 

Assistant Regional Administrator 

Office of Enforcement, Compliance 

and Environmental Justice 

l . ,-.. /J1Vn~~' BRENDA MORRIS 

Enforcement Attorney 

U.S. Environmental Protection Agency 

Region 8 

67 

• 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 36 of 38 

FOR THE STATE OF NORTH DAKOTA! 

TE Y. 

State He Ith Officer 

North Dakota Dep't ofHeaJth 

w 

Attorney General 

Attorney for North Dakota 

68 • 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 37 of 38 

FORDEFENDANTMINNKOTAI'~ 

DAVIDLOER 

President & CEO 

69 
Case 1 :06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 38 of 38 

DAVIDLOER 

General Manager 

70 • 
Attachment C 

Minnkota Power Cooperative, Inc. 

Milton R. Young Station 

Fugitive Coal Dust 

Emission Control Plan 

for the 

Unit 1 Truck Dump 

Prepared by 

Kevin Thomas, P .E. 

August, 2013 

• 
1. Introduction 

The Unit 1 truck dump at the Milton R. Young Station has been modified to increase the 

hopper capacity from 

200 tons to 350 tons. The modification to the Unit 1 truck dump is regulated by 40 CFR Part 

60, Subpart Y (Standards of Performance for Coal Preparation and Processing Plants). This 

Fugitive Coal Dust Emission Control Plan has been prepared to satisfy the requirements of 

Subpart Y as it relates to the unloading of coal trucks. 

2. Objective 

The Fugitive Coal Dust Emission Control Plan identifies the control measures and operating 

practices to control the fugitive coal dust from the Unit 1 truck dump. Since modifications 

were only made to the Unit 1 truck dump, this plan applies only to coal dust emissions from the 

Unit 1 truck dump enclosure. The objective of this plan is to address the following items: 

• Define the fugitive coal dust emission source 

• Define fugitive coal dust emission levels requiring corrective action 

• Define procedures required to maintain acceptable fugitive coal dust emission levels 

• Define all performance tests and monitoring requirements 

• Define the procedure required for visual observations 

• Define the recordkeeping and reporting requirements 

3. Fugitive Emission Source 

Unit 1 truck dump receives lignite coal delivered by belly dump trucks. The trucks dump 

directly into the truck dump hopper, which is attached to the existing primary crusher. The 

Fugitive Coal Dust Emission Control Plan applies to coal dust emissions from the building that 

encloses the truck dump. 

4. Emission Control Strategies 

A. The Unit 1 truck dump is enclosed in a building with overhead doors on both ends. Within 

the building is a dry fog system. 

B. Section 60.255 (c) of 40 CFR, Part 60 Subpart Y states "If any affected coal processing 

and conveying equipment (e.g. breakers, crushers, screens, conveying systems), coal 

storage systems, or coal transfer and loading systems that commenced construction, 

reconstruction, or modification after April 28, 2008, are enclosed in a building, and 

emissions from the building do not exceed any of the standards in§ 60.254 that apply to the 

affected facility, then the facility shall be deemed in compliance with such standards. " 

Minnkota will utilize multiple types of fugitive emission controls to maintain compliance 

with the requirement to achieve less than 10 percent opacity exiting from the building. 

The fugitive emission control strategy will utilize the building, dry fog system and the 

overhead doors. The dry fog system has multiple spray zones in the coal hopper and 

inside the building above ground level. The number of zones utilized will be determined 

as needed to control the fugitive emissions. When the fugitive emission can be controlled 

Ill 
without the dry fog system, it will not be operated. The overhead doors will be utilized as 

necessary during periods of high wind and freezing temperatures. 

5. Performance Testing and Monitoring Requirements 

A. The initial performance test must be completed within 60 days of the Unit 1 truck dump 

reaching maximum capacity. The initial performance test will be conducted by MPC 

personnel certified in EPA Method 9. The Method 9 test will be 60 minutes in duration. 

In the event any six-minute average opacity reading in the most recent performance test is 

five percent or greater, a new performance test must be conducted within 90 operating days 

of the date the previous performance test was required to be completed. In the event all 

six-minute average opacity readings in the most recent performance test are less than five 

percent, new performance tests must be conducted within 12 calendar months of the date 

the previous performance test was required to be completed. 

B. To make sure we operate the Unit 1 truck dump at a capacity greater than 80 percent of 

maximum, the performance test will begin with trucks lined up and waiting to dump. The 

Method 9 performance test will begin when the first truck is stationed on the truck dump 

and the truck begins to unload. Once the first truck is unloaded, the loader will proceed to 

clean the grizzly. Once the grizzly has been cleaned and the coal in the hopper is at a level 

which would allow the second truck to unload, the second truck will unload. The process 

will be repeated for a total duration of one hour with a minimum of 800 tons of coal 

dumped. 

6. Recordkeeping and Reporting Requirements 

A. The fugitive dust control plan will include a logbook to record the following: 

1) The manufacturer's recommended maintenance procedures, the date and time of any 

maintenance and inspection activities, and the results of those activities. Any variance 

from manufacturer recommendation, if any, shall be noted. 

2) The date and time of periodic visual observations as well as documentation of any 

corrective action taken to reduce visible emissions. Results of any corrective action 

shall be noted. 

3) The amount of coal processed each calendar month. 

4) A monthly certification that the fugitive dust control plan was implemented as 

described. Any variance from the plan shall be noted. 
Unit 1 Truck Dump 

The Unit 1 Truck Dump is equipped with a dry fog system and a building enclosure (with doors at 

both ends) to be utilized to maintain the opacity exiting the enclosure to less than 10 percent when 

the trucks are unloading. The dry fog system has multiple spray zones in the coal hopper and inside 

the building above ground level. Under normal operation, some portion ofthe dry fog system 

will be in service. When the fugitive emissions can be controlled to an extent that no emissions 

are seen exiting the building at any location, the coal truck may dump without the dry fog system: 

it is not mandatory to operate the dry fog system. Prior to the dry fog system being shut down, 

the Environmental Department must be contacted for approval. The overhead doors on the 

building must be utilized when needed during periods of high wind and freezing temperatures. 

This document can be found at f:kthomas\Unit 1 Truck Dump. 

Operations Department Responsibilities 

1. Ensure that the fog system is operated when coal trucks are unloading. 

2. Ensure that when environmental conditions such as high wind or cold temperatures require, 

the doors on the building enclosure are used to isolate the building during unloading. 

3. If the fog system or doors are not available and are needed to maintain compliance, the truck 

dump must be taken out of service until these systems can be returned to service. 

4. Maintain the Unit 1 Truck Dump Logbook. 

5. Daily inspections during operation are required to confirm operation of the systems. Record 

the date and time of any maintenance activities. 

6. Daily assessment of any visible emissions from the building during unloading. Record the 

date and time of any corrective actions. 

7. Log the amount of coal processed each month. 

8. Monthly certification that the dust control plan was implemented. 

9. Log any other variances from the plan. 

What are the Operations and Maintenance Responsibilities when Malfunctions Occur? 

Fog System- lfthe fog system is needed to maintain compliance with the 10 percent opacity 

limitation, callout and overtime maintenance are required. If compliance can be maintained 

without the fog system, callouts are not required, however, the system should be repaired as soon 

as possible during normal working hours. In the event any coal dust is seen exiting the 

building, compliance with the 10 percent opacity limit must be determined by one of our 

certified Method 9 visual emissions personnel. Presently, Steve Cornell and Dave Doll are 

certified in Method 9. 

Building Doors - If the building doors are needed to maintain compliance with the 1 0 percent 

opacity limitation, or to prevent freeze-ups, callout and overtime maintenance are required. If 

compliance can be maintained without closing the doors, callouts are not required. However, the 

system should be repaired as soon as possible during normal working hours. In the event any 

coal dust is seen exiting the building, compliance with the 10% opacity limit must be 

determined by one of our certified Method 9 visual emissions personnel. 
In the event a malfunction occurs of the dry fog system, overhead doors or any equipment, which 

controls emissions from the Unit 1 Truck Dump coal handling will submit a work request with 

priorities outlined in the attached decision tree. 

• 
Unit 1 Truck Dump Malfunction Decision Tree 

Normal operation during light winds (less than 20 mph) is the lower level of dry fog nozzles in service. 

The upper and lower fog 

nozzle systems malfunction. 

Coal Handling must enter a Priority 

2 Work Request immediately 

(Repairs completed within 2 days). 

Are both overhead doors 

available to be operated? 

Yes 

No 

One door or one 

level of fog nozzle 

Coal hand ling to enter a Priority 

3 Work 

(repairs to 

Request immediately 

be completed within 

2 weeks) 

No 

Continue to Operate 

Unit 1 Truck Dump 

No 

Take Unit 1 Truck Dump 

out of service until repairs 

are completed. Operations 

to determine whether to 

elevate the priority level in 

consideration of whether 

coal can be transferred to 

Unit 1 from Unit 2 Active 

Storage Building. 

I Both doors malfunction 

J 

Coal Handling must enter a Priority 3 Work Request 

immediately (Repairs completed wiflin 2 weeks). 

I Are winds greater than 20 

Yes 

Yes 

~ 

Operate both upper 

and lower fog 

Are any visible 

emissions 

I 

J 

• 
UNIT 1 TRUCK DUMP DAILY INSPECTION LOG 

The following log must be completed every day the truck dump is in service. The system includes 

the spray nozzles as well as both overhead doors. In the event a malfunction occurs a work 

request must be submitted as described in the above decision tree. The last day of the month the 

log is to be routed to the Environmental Department for review. 

Date System Fully Any Visible Emissions Comments 

Operational Yes** or No Operators Initials 

Yes or No* 

• 
* If the system is not fully operational describe what is not operational and any measures taken. 

**If any visible emissions were seen exiting the building what additional measures were taken to reduce the emissions? 

Additional Comments 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Month ____ Total Amount of Coal Processed ___ tons, water used ___ Gallons 

The fugitive dust plan was implemented as required. • 
Attachment C 

Minnkota Power Cooperative, Inc. 

Milton R. Young Station 

Fugitive Coal Dust 

Emission Control Plan 

for the 

Unit 1 Truck Dump 

Prepared by 

Kevin Thomas, P .E. 

August, 2013 

I 
1. Introduction 

The Unit 1 truck dump at the Milton R. Young Station has been modified to increase the 

hopper capacity from 

200 tons to 350 tons. The modification to the Unit 1 truck dump is regulated by 40 CFR Part 

60, Subpart Y (Standards of Performance for Coal Preparation and Processing Plants). This 

Fugitive Coal Dust Emission Control Plan has been prepared to satisfy the requirements of 

Subpart Y as it relates to the unloading of coal trucks. 

2. Objective 

The Fugitive Coal Dust Emission Control Plan identifies the control measures and operating 

practices to control the fugitive coal dust from the Unit 1 truck dump. Since modifications 

were only made to the Unit 1 truck dump, this plan applies only to coal dust emissions from the 

Unit 1 truck dump enclosure. The objective of this plan is to address the following items: 

• Define the fugitive coal dust emission source 

• Define fugitive coal dust emission levels requiring corrective action 

• Define procedures required to maintain acceptable fugitive coal dust emission levels 

• Define all performance tests and monitoring requirements 

• Define the procedure required for visual observations 

• Define the recordkeeping and reporting requirements 

3. Fugitive Emission Source 

Unit 1 truck dump receives lignite coal delivered by belly dump trucks. The trucks dump 

directly into the truck dump hopper, which is attached to the existing primary crusher. The 

Fugitive Coal Dust Emission Control Plan applies to coal dust emissions from the building that 

encloses the truck dump. 

4. Emission Control Strategies 

A. The Unit 1 truck dump is enclosed in a building with overhead doors on both ends. Within 

the building is a dry fog system. 

B. Section 60.255 (c) of 40 CFR, Part 60 Subpart Y states "If any affected coal processing 

and conveying equipment (e.g. breakers, crushers, screens, conveying systems), coal 

storage systems, or coal transfer and loading systems that commenced construction, 

reconstruction, or modification after April 28, 2008, are enclosed in a building, and 

emissions from the building do not exceed any of the standards in§ 60.254 that apply to the 

affected facility, then the facility shall be deemed in compliance with such standards. " 

Minnkota will utilize multiple types of fugitive emission controls to maintain compliance 

with the requirement to achieve less than 10 percent opacity exiting from the building. 

The fugitive emission control strategy will utilize the building, dry fog system and the 

overhead doors. The dry fog system has multiple spray zones in the coal hopper and 

inside the building above ground level. The number of zones utilized will be determined 

as needed to control the fugitive emissions. When the fugitive emission can be controlled 
without the dry fog system, it will not be operated. The overhead doors will be utilized as 

necessary during periods of high wind and freezing temperatures. 

5. Performance Testing and Monitoring Requirements 

A. The initial performance test must be completed within 60 days of the Unit 1 truck dump 

reaching maximum capacity. The initial performance test will be conducted by MPC 

personnel certified in EPA Method 9. The Method 9 test will be 60 minutes in duration. 

In the event any six-minute average opacity reading in the most recent performance test is 

five percent or greater, a new performance test must be conducted within 90 operating days 

of the date the previous performance test was required to be completed. In the event all 

six-minute average opacity readings in the most recent performance test are less than five 

percent, new performance tests must be conducted within 12 calendar months of the date 

the previous performance test was required to be completed. 

B. To make sure we operate the Unit 1 truck dump at a capacity greater than 80 percent of 

maximum, the performance test will begin with trucks lined up and waiting to dump. The 

Method 9 performance test will begin when the first truck is stationed on the truck dump 

and the truck begins to unload. Once the first truck is unloaded, the loader will proceed to 

clean the grizzly. Once the grizzly has been cleaned and the coal in the hopper is at a level 

which would allow the second truck to unload, the second truck will unload. The process 

will be repeated for a total duration of one hour with a minimum of 800 tons of coal 

dumped. 

6. Recordkeeping and Reporting Requirements 

A. The fugitive dust control plan will include a logbook to record the following: 

1) The manufacturer's recommended maintenance procedures, the date and time of any 

maintenance and inspection activities, and the results of those activities. Any variance 

from manufacturer recommendation, if any, shall be noted. 

2) The date and time of periodic visual observations as well as documentation of any 

corrective action taken to reduce visible emissions. Results of any corrective action 

shall be noted. 

3) The amount of coal processed each calendar month. 

4) A monthly certification that the fugitive dust control plan was implemented as 

described. Any variance from the plan shall be noted. 
Unit 1 Truck Dump 

The Unit 1 Truck Dump is equipped with a dry fog system and a building enclosure (with doors at 

both ends) to be utilized to maintain the opacity exiting the enclosure to less than 10 percent when 

the trucks are unloading. The dry fog system has multiple spray zones in the coal hopper and inside 

the building above ground level. Under normal operation, some portion of the dry fog system 

will be in service. When the fugitive emissions can be controlled to an extent that no emissions 

are seen exiting the building at any location, the coal truck may dump without the dry fog system: 

it is not mandatory to operate the dry fog system. Prior to the dry fog system being shut down, 

the Environmental Department must be contacted for approval. The overhead doors on the 

building must be utilized when needed during periods of high wind and freezing temperatures. 

This document can be found at f:kthomas\Unit 1 Truck Dump. 

Operations Department Responsibilities 

1. Ensure that the fog system is operated when coal trucks are unloading. 

2. Ensure that when environmental conditions such as high wind or cold temperatures require, 

the doors on the building enclosure are used to isolate the building during unloading. 

3. If the fog system or doors are not available and are needed to maintain compliance, the truck 

dump must be taken out of service until these systems can be returned to service. 

4. Maintain the Unit 1 Truck Dump Logbook. 

5. Daily inspections during operation are required to confirm operation of the systems. Record 

the date and time of any maintenance activities. 

6. Daily assessment of any visible emissions from the building during unloading. Record the 

date and time of any corrective actions. 

7. Log the amount of coal processed each month. 

8. Monthly certification that the dust control plan was implemented. 

9. Log any other variances from the plan. 

What are the Operations and Maintenance Responsibilities when Malfunctions Occur? 

Fog System- If the fog system is needed to maintain compliance with the 10 percent opacity 

limitation, callout and overtime maintenance are required. If compliance can be maintained 

without the fog system, callouts are not required, however, the system should be repaired as soon 

as possible during normal working hours. In the event any coal dust is seen exiting the 

building, compliance with the 10 percent opacity limit must be determined by one of our 

certified Method 9 visual emissions personnel. Presently, Steve Cornell and Dave Doll are 

certified in Method 9. 

Building Doors - If the building doors are needed to maintain compliance with the 1 0 percent 

opacity limitation, or to prevent freeze-ups, callout and overtime maintenance are required. If 

compliance can be maintained without closing the doors, callouts are not required. However, the 

system should be repaired as soon as possible during normal working hours. In the event any 

coal dust is seen exiting the building, compliance with the 10% opacity limit must be 

determined by one of our certified Method 9 visual emissions personnel. 

• 
In the event a malfunction occurs of the dry fog system, overhead doors or any equipment, which 

controls emissions from the Unit 1 Truck Dump coal handling will submit a work request with 

priorities outlined in the attached decision tree. 
Unit 1 Truck Dump Malfunction Decision Tree 

Normal operation during light winds (less than 20 mph) is the lower level of dry fog nozzles in service. 

The upper and lower fog 

nozzle systems malfunction. 

Coal Handling must enter a Priority 

2 Work Request immediately 

(Repairs completed within 2 days). 

Are both overhead doors 

available to be operated? 

Yes 

No 

One door or one 

level of fog nozzle 

Coal hand ling to enter a Priority 

3 Work 

(repairs to 

Request immediately 

be completed within 

2 weeks) 

No 

Continue to Operate 

Unit 1 Truck Dump 

No 

Take Unit 1 Truck Dump 

out of service until repairs .. are completed . Operations 

to determine whether to 

elevate the priority level in 

consideration of whether 

coal can be transferred to 

Unit 1 from Unit 2 Active 

Storage Building. 

I Both doors malfunction 

~ Coal Handling must enter a Priority 3 Work Request 

immediately (Repairs completed wiflin 2 weeks). 

lr 

I Are winds greater than 20 

Yes 

Yes 

Operate both upper 

and lower fog 

Are any visible 

emtsstons 

I 

I 

• 
UNIT 1 TRUCK DUMP DAILY INSPECTION LOG 

The following log must be completed every day the truck dump is in service. The system includes 

the spray nozzles as well as both overhead doors. In the event a malfunction occurs a work 

request must be submitted as described in the above decision tree. The last day of the month the 

log is to be routed to the Environmental Department for review. 

Date System Fully Any Visible Emissions Comments 

Operational Yes** or No Operators Initials 

Yes or No* 

.. 
*If the system is not fully operational describe what is not operational and any measures taken. 

**If any visible emissions were seen exiting the building what additional measures were taken to reduce the emissions? 

Additional Comments 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Date 

Month ____ Total Amount of Coal Processed ___ tons, water used ___ Gallons 

The fugitive dust plan was implemented as required.