### NORTH DAKOTA DEPARTMENTof HEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, N D 58501-1947 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: 340I

- 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 ofthe North Dakota Century Code, and the Air Pollution Control Rules ofthe State of North Dakota, Article 33-15 ofthe NorthDakota Administrative Code (NDAC), and inreliance on statements and representations heretofore made by the permittee designated above, a Title V Permit to Operate is hereby issued authorizing suchpermittee to operate the emissions unit(s) at the location designated above. This Title V Permitto Operate is subject to all applicable rules and orders now or hereafter in effect ofthe 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 ofAir Quality

Division of Municipal Facilities

701.328.5211 Printed on recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210Milton R. Young Station Title V Permit to Operate Table ofContents

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) AttachmentA

- 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 ofthe date ofpermit 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 of3,200 x I06 Btu/hr (ESP), wet scrubber flue gas (Unit I) desulfurization system (FGD), advanced separated over-fire

air (ASOFA) 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 of6,300 x I06 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 (237 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 IC 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 1Lime 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

AirPollution 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 1truck 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 ofthe 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 PermitNo. 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 CaliforniaAnalytical Instruments, Inc. Fuji Model601 carbon dioxide analyzer 3. Alternative Operating Scenarios: A. Fuels/Wastes 1) Unit 1and 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 ofhalides is utilized on the lignite to control the emissions ofmercury. Activated carbon is injected into the flue gas prior to the ESP as needed to control emissions ofmercury. A proprietary chemical is added to the coal to improve cyclone ash viscosity, improvingthe staging ofthe ASOFA resulting in improved NOx control. 2) The auxiliary boiler shallbe operatedutilizing 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 ofthe 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 ofthe fly ash silos. When operated, water spray is injected into the unloader and mixed with the fly ashpriorto loading the ash into trucks. 

# ..Page __Q_ of 4 7 Permit No. T5-F76009 The Unit2 fly ash silo includes a telescopic chute located atthe bottom ofthe silo. Thetelescopic 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/1O(J Btua,r PTC12003 (Unit 1) 0.03 lb/106Btuk 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/106 Btuc PTC12003 & 2,070.2

**lb~** HCl S02 Surrogate 0.2 33-15-22-03, Subpart lb/106Btuk 

# 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

IPollutant/ 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/106 Btua,t 0.03 lb/106Btuk

315.1 lb/hra

1.20 lb/106 Btub,d,f & 5,635.2 lblhr (see note i)

0.35 lb/106 Btuc &

**3995.6lb~** S02 Surrogate 0.2 lb/106Btuk 4.0 lb/TBtuk

See Cond. 5.A & 5.B.2 0.80 lb/106Btue & 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 PermitNo. 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 33-15-03-02Pollutant/ 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 1fly 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 33-15-03-03Pollutant/ 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 1Lime 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-hourrolling average. 3-hour rolling average. More restrictive standard applies. The emission rate shall be calculated in accordance with the procedures of40 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 of40 CFR60. More restrictive standard applies. This standard does not apply during startup, shutdown or malfunction. Startup 24-hour rolling average Startup is the period oftime from initial fuel combustion to the point in time whenthemeasured heat inputto the boilerona 6-hourrolling average basis is greaterthanorequal to 2500 x 106 Btulhr for Unit 1 and 4800 x 106 Btulhr for Unit 2. For purposes ofdetermining 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 of0.15 lb/106 Btu and 90% removal ofS02, 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 Boileroperating day rolling average (bodra). The emissionrate shall be calculated inaccordance 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 ofS02per 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 ofS02 per year based on a plant-wide tonnage for the annual average oftwo calendar years. Applicable Requirement: PTC12003 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 ofmalfunction ofthe FGD, or during periods ofmalfunction ofthe unit that have a significant adverse impact on the operation ofthe FGD, provided that the permittee satisfies the requirements for a malfunction as setforth in Paragraph 138 (Malfunctions) ofthe ConsentDecree. As setforth in Paragraph 138of 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) ofthe Consent Decree. Applicable Requirement: PTC12003 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 ofmalfunction ofthe NOx control technology, or during periods ofmalfunctions ofthe unit that have a significant adverse impact on the operation ofthe 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 ofthe 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: PTC12003 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 ofthe unit that have a significant adverse impact on the operation ofthe ESP, providedthat 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 ifit meets the requirements for a Force Majeure event in Section XIV (Force Majeure) ofthe 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 StationUnits to maximize the PM emission reductions, consistent with the operational and maintenance limitations ofthe units. Specifically, the permittee shall at a minimum: a) energize each section ofthe ESP for each unit, regardless ofwhether 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 ofPM; 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 1the plate-cleaning and discharge-electrode cleaning systems for the ESP by varying the cycle time, cycle frequency, rapper-vibrator intensity, and number ofstrikes per cleaning event; and f) 

### optimize for Unit 2the plate-cleaning system for the ESP by varying the cycle time and frequency ofthe 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 ofthe control device). 3) Ifany construction allows any flue gas to by-pass the S02pollution 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 ofS02Allowances: a) For purposes ofthis condition, the "surrender ofallowances" means permanently surrendering allowances from the accounts administered by EPA for Unit 1 and Unit 2

- so that such S02allowances can never be used to meet any compliancePage __12_ of 4 7 Permit No. T5-F76009 requirements under the CleanAirAct, 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-profitthirdparty selectedbythe ownerfor surrender, S02allowances thathave been allocated to the Milton R. Young Station for the specified calendar year: CalendarYear Amount 2012-2015 4,346 Allowances 2016-2018 8,693 Allowances 2019 12,170 Allowances 2020 and thereafter 14,886 allowances ifMilton 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 oftheir receipt from EPA ofthe Annual Deduction Reports for S02 . Any surrender need not include the specific so2allowances 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) ofthe Consent Decree pertaining to the permittee's retirement ofso2 allowances are permanent injunctions not subject to any termination provision ofthis permit orthe Consent Decree. c) Ifany S02allowances are transferred directly to a non-profit third party, the permittee shall include a description ofsuch transfer in the next report submitted to EPA and the Departmentpursuant to Section XI (Periodic Reporting) ofthe 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 ofthe 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 ofany S02allowances, the permittee shall include a statement thatthe 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 ofthis 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 surrenderedto EPA, the permittee orthe third-party recipient(s) (as the case may be) shall first submit an S02 allowance transfer request form to EPA's Office ofAir and Radiation's CleanAir Markets Division directing the transfer ofsuch S02 allowances to the EPA Enforcement Surrender Account or to any other EPA account that EPA may direct in writing. As part ofsubmitting these transfer requests, the permittee or the third-party recipient(s) shall irrevocably authorize the transfer of these S02 allowances and identify

- by name ofaccount 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 emissionrate 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. Ifthe 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 ofSection 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 ofthe 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 ofthe actions taken by the permittee to comply with the requirements ofthe 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. YoungPage ___H_ of 4 7 Permit No. T5-F76009 Station for a particular year are greater than the total amount ofNOx emissions from those same units for the same year. c) Provided the permittee is in compliance with the NOx emission limitations ofthis 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 Stationprior to the date ofentry ofthe 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 ofNOx emission rates below the emission limits required by Condition 4 ofthis 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 ofsuch 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 ofthe 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 ofcomplying with the requirements ofthe 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 complyingwith State or Federal CleanAirActrequirements 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 ofno more than 10 percentto maintain status as a "limited use boiler" as defined in40 CFR 63.7575. The capacity factor shall be based on the quantity offuel combusted inEU 3 and shall not exceed 476,087 gallons peryear. See Condition 5.I, Note 1.Page _li_ of 4 7 PermitNo. 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 offorty 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 ofmonitoring 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 notificationrequirements of40 CFR60 and 40 CFR 63 (see conditions 5.D and 5.E ofthis 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 ofPerformance 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 offthe property ofemission origination and remains visible to an observer positioned offsaid property when sighting along a line which does not cross the property ofemission 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 ofPerformance for Coal Preparation and Processing Plants. Thepermittee shall comply with all applicable requirements. Applicable Requirement: NDAC 33-15-12-02, Subpart Y H. Thepermittee shall comply withthe requirements ofthe ConsentDecree dated July 27,2006 (U.S. District Court oftheDistrict ofNorthDakota, Civil ActionNo. 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 of40 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 inthis 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

33-15-21Monitoring 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 (237 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 PermitNo. 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) Watertreatment 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 with40 CFR 75 (using S02 and C02 CEMS data from both the inlet and outlet ofthe control device). a) Section 33-15-06-04 ofthe 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 ofthe 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 ofthe 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 concentrationto units oflb/106 Btu. The permittee shall maintain, in an electronic database, the hourly average emission values ofall 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. Thepermittee shall operatethe PM CEMS in accordance withthe approved Quality Assurance/Quality Control protocol (approved June 16, 2008). b) The permittee may use the PM CEMS on Units 1 & 2 in lieu ofthe 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 etseq. 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 ofPM 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 40Page _21_ of 4 7 Permit No. T5-F76009 CFR 60, Appendix A, Method 9. The Method 9 readings mustbe 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] Ifexcess emissions ofopacity are identified, the permittee shall revert back to weekly Method 9 readings for six consecutive weeks, oruntil continuous compliance withthe opacity limit is demonstrated, whichever is longer; and [11] All Method 9 readings mustbe taken by a certified observer. 3) The Department may require additional performance audits ofeach CEMS and CERMS system. 4) a) When a failure ofa 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 ofa CEMS or CERMS occurs, an alternative method, acceptable to the Department, for measuring orestimating 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 ofthe 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 75 will take precedence overburning distillate oil for evidence ofcompliance ornoncompliance with any applicable opacity, particulate and S02 emission limit in the event ofenforcement 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) or40 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 ofeachPM stacktest to the Department and EPA within forty-five (45) days ofcompletion ofeach test. 8) The sulfur content ofthe 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 ofthe 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 permonth 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. Ifthe 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 ofmalfunctions 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 reliefvents (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 andM13, 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 ofthis permit. 12) The monitoring shall be in accordance with the applicable requirements of40 CFR 60, Performance Specification 11, and the Amendments to Standards ofperformance for New Stationary Sources: Monitoring Requirements, 69 Fed. Reg. 1786 (January 12, 2004). 13) For EU 3 the quantity and type offuel 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 ofthe hours ofoperation 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 ifneural 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 ofsampling or measurement. 2) The date(s) testing was performed. 3) The company, entity, orperson that performed the testing. 4) The testing techniques or methods used. 5) The results ofsuch testing. 6) The operating conditions that existed at the time ofsampling or measurement. Applicable Requirement: NDAC 33-15-14-06.5.a(3)(b)[1] B. In additionto requirements outlined in Condition 7.A, recordkeeping for Unit 1and Unit2 shall be in accordance with the applicable requirements of Chapter 33-15-06, Chapter 33-15-12 and Chapter 33-15-21 ofthe 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 UsageEmission Unit Description EP

Caterpillar diesel engine (237 5 bhp)

Cummins diesel engine (190 6 bhp)

Cummins diesel engine (2,205 7 bhp) Unit 1crusher house and M1 Conveyor 1C Unit 1coal silos M2 Unit 2 crusher house M3 Unit 2 coal silos M4 Unit 1fly 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/PM1of Opacity PM/PM1of 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 MonitoringRecord Type ofFuel Usage Fuel Oil Sulfur Content

Type ofFuel Usage Fuel Quantity Used & Tune-up Records Initial Emissions Test Data &

Maintenance Plans/Records Type ofFuel Usage Hours ofOperation Initial Emissions Test Data &

Maintenance Plans/Records Type ofFuel Usage Hours ofOperation Type ofFuel Usage Hours ofOperation 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 DataPage __2_Q_ of 47 PermitNo. T5-F76009 C. The permittee shall retain records ofall 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. Supportinformationincludes all calibrationandmaintenancerecords and all original strip-chart recordings/computer printouts for continuous monitoring instrumentation, and copies ofall 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 oftheir 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. ForUnit 1 and Unit 2, reporting shall be in accordance withthe following applicable requirements ofChapter 33-15-06, Chapter 33-15-12 and Chapter 33-15-21 ofthe 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 ofeach 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/106 Btu so2 lb/106 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 averageNOxlb/106 Btu NOx lb/hr (startup) HG lb/10 12Btu 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 ofdeviations from the permit mustbe identified inthe report. A monitoring report shall be submitted within45 days after June 30 and December 31 ofeach 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 offuel 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 ofcompliance 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 ofthe 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 ofeach calendaryear. 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 ofthe Consent Decree; and b) all information indicating that the installation and commencement ofoperation for a pollution control device may be delayed, including the nature and cause ofthe 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 ofsuch report) and provides a specific reference to the provisions ofthe Title V permitreport that are responsive to the informationrequired inthe periodicprogress 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 ofany violation ofthe requirements ofthe 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 ofwhen the permittee knew or should have known ofany such violation. In this report, the permittee shall explain the cause or causes ofthe violation and all measures taken or to be taken by the permittee to prevent such violations in the future. Exceedances ofthe PM emission rates shall be reported within forty-five ( 45) days ofthe completion ofthe stack test that demonstrates such non-compliance. Inthis report, the permittee shall explainthe cause or causes ofthe 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 ofGeneration, orhigherranking official, and shall contain the following certification: This informationwas prepared either byme orundermy 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 ofthe person(s) who manage the system, or the person(s) directlyresponsible for gathering information, Ihereby certify under penalty oflaw that, to the best ofmy 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: PTC120039. 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 ofambient 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 ofproperty or that would injure plant or animal life. 4) Disclaimer. Nothing in any other part or section ofthis permit may in any manner be construed as authorizing orlegalizing the emission ofair contaminants in such mannerthat would violate the standards in Paragraphs 1), 2) and 3) ofthis condition. Applicable Requirement: NDAC 33-15-02-04 B. Fugitive Emissions: The release of fugitive emissions shall comply with the applicable requirements inNDAC 33-15-17. Applicable Requirement: NDAC 33-15-17 C. Open Burning: The permittee may not cause, conduct, or permit open burning ofrefuse, 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 ofa salvage operation by open burning. Any permissible open burning underNDAC 33-15-04-02 must comply with the requirements ofthat section. Applicable Requirement: NDAC 33-15-04 D. Asbestos Renovation orDemolition: Any asbestos renovation or demolition atthe 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 PermitNo. 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 ofshutdown ofair pollution control equipment for necessary scheduledmaintenance, the intentto shutdown suchequipment 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. Suchprior notice shall include the following: a) Identification ofthe specific facility to be taken out ofservice as well as its location and permit number. b) The expected length oftime that the air pollution control equipment will be out of service. c) The nature and estimated quantity ofemissions ofairpollutants 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 ofthe 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 ofthe 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 ofair contaminants in violation of this article or otherapplicable rules andregulations, the personresponsible for such installation shall notify the Department of such malfunction as soon as possiblePage _ll_ of 47 Permit No. T5-F76009 during normal workinghours. 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 longerthan twenty-fourhours which impacts apollution control technology required by this permit. The permittee submit the notification as soon as practicable, but in no event laterthan fourteen (14) business days following the date that the permittee first knew orby the exercise ofdue diligence should have known of the malfunction. The notice shall include the expected time that the malfunction may persist, the cause or causes ofthe 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 beyondthe reasonable control ofthe owneroroperator. [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 ofa recurring pattern that may have been causedby inadequate operation ormaintenance, or inadequate design ofthe malfunctioning equipment.Page __l2_ of 4 7 Permit No. T5-F76009 The report shall be submitted within thirty days ofthe end ofthe calendar quarter in which the malfunction occurred or within thirty days ofa written request by the Department, whichever is sooner. The burden ofproofis on the owner or operator ofthe 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 ofa 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) ofthe emergency; 2) The permitted facility was at the time being properly operated; 3) During the period ofthe 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 ofthe emergency to the Department within one working day ofthe time when emission limitations were exceeded longer than 24-hours due to the emergency. This notice must contain a description ofthe 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 ofproof.Page .J.l_ of 4 7 Permit No. T5-F76009 a) Technology-based emission limits are those established on the basis ofemission 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. Anemergency 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 ofAir Pollution: 1) The permittee shall not permit or cause air pollution, as defined in NDAC 33-15-01-04. 2) Nothing in any otherpartofthis permitorany otherregulationrelating to air pollution shall in any manner be construed as authorizing or legalizing the creation or maintenance ofair 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 orinterval, to determine the emission ofair contaminants from any source, for the purpose ofdetermining whether the permittee is in violation ofany 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 ofHealth Emission Testing Guideline. All tests shall be conducted by reputable, qualified personnel. The Department shall be given a copy ofthe 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 ofthe Department, the permittee shall provide necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities, exclusive ofPage _21_ of 4 7 Permit No. T5-F76009 instruments and sensing devices, as may be necessary for proper determination of the emission ofair 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 ofanyperformance testing required under 40 CFR 63. Ifthe 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 ofa pesticide or disposal ofsurplus 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 inNDAC 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 MVACs 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 certificationprogram 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 ofthis part no later than the latest ofthe 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 ofthe equipment. The permittee shall havethe O&Mprocedures available onsite andprovidethe Departmentwith 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): Ifthis facility is classified as a major stationary source under the Prevention ofSignificant Deterioration ofAir Quality (PSD) rules, a Permitto 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). Ifthis facility is classifiedas a major stationary source underthePSDrules andthepermittee elects to use the method specified in40 CFR52.21(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 of40 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 ofregulated contaminants from the previous calendar year. The Department will send a notice, identifying the amount ofthe annual permit fee, to the permittee ofeach affected installation. The fee is due within sixty days following the date ofsuchnotice. Any sourcethatqualifies as a "smallbusiness"maypetitionthePage _]_§.__ of 4 7 PermitNo. 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 Departmentto 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 ofits issuance for a fixed period of 5 years. The permittee's right to operate this source terminates with the expiration ofthis 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 ofthe previous permit, all terms and conditions ofthe permit, including any permit shieldpreviously 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 permitterm. Applicable Requirements: NDAC 33-15-14-06.4 and NDAC 33-15-14-06.6 C. Transfer ofOwnership or Operation: This permitmay notbe transferred except by procedures allowed in Chapter 33-15-14 and is to be returned to the Department upon the destruction or change ofownership ofthe source unit(s), or upon expiration, suspension or revocation ofthis permit. A change in ownership or operational control ofa 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 ofpermit 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 ofany 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 ofHealth Division ofAir Quality 918 E Divide Avenue, 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 ofEntry: Any duly authorized officer, employee oragent oftheNorthDakotaDepartment 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 ofascertaining the state of compliance with this permit and the North Dakota Air Pollution Control Rules. The Departmentmay conducttests and take samples ofair contaminants, fuel, processing material, and other materials which affect or may affect emissions ofair contaminants from any source. The Department shall have the rightto 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 ofthe 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 ofany condition of this permit is grounds for enforcement action, for permittermination, revocation and reissuance or modification, or for denial ofa permitrenewal application. Noncompliance may also be grounds for assessment ofpenalties underthe 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 ofthis 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 thatthe Departmentmay 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 ofrecords 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 ofconfidentiality. The permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted inthe 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 inparameters associated with emissionpoints (i.e., stackparameters). 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 ofa 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: IIPage .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 aremaining permitterm ofthree ormore years. Such a reopening shall be completed not later than eighteen months after promulgation of the applicable requirement. No suchreopening is required ifthe effective date ofthe requirement is later than the expiration date ofthis 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 ofthis permit. Applicable Requirement: NDAC 33-15-14-06.6.f(1)(c) 3) The Departmentorthe United States Environmental ProtectionAgency 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 ofthe date that this permit is to be reopened, except that the Department may provide a shorter time period in the case ofan 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 ofthis permit for which cause to reopen exists. Suchreopening 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 ofa notification ofplanned 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 ofthis 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 ofthe Federal Clean Air Act. 4) A Permit to Construct under NDAC 33-15-14-02 has been issued, ifrequired. 5) Before the permit change is made, the permittee must provide written notice to both the Department and Air Program (8P-AR), Office ofPartnerships & 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 describePage _l2_ of 4 7 Permit No. T5-F76009 each change, the date ofthe change, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result. 6) The permittee shall record all changesthatresult inemissions ofanyregulated airpollutant subject to any applicable requirement not otherwise regulated under this permit, and the emissions resulting from those changes. The record shall reside at thepermittee'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, ifthe revision to this permit accomplishes one ofthe following: 1) Corrects typographical errors. 2) Identifies a change in the name, address or phone number ofany 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 ofpermitresponsibility, coverage and liability between the current and newpermittee 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 ifit were subject to review as apermitmodification and compliance requirements substantially equivalentto 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 ofthe 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 permitmodification, ifthe 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 ofan emission limitation or other standard, ora source-specific determinationfor temporary sources ofambient 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 ofTitle I ofthe Federal Clean AirAct; and alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) ofthe 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 ofthe 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 ofa complete application. Applicable Requirement: NDAC 33-15-14-06.6.e(3) 

### 0. Operational Flexibility: The permittee is allowed to make a limited class ofchanges within the permitted facility that contravene the specific terms ofthis 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 ofchanges 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 ofany 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 ofthe change. The permittee shall attach each notice to its copy ofthis 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 PermitNo. T5-F76009

P. Relationship to Other Requirements: Nothing in this permit shall alter or affect the following: 1) The provisions ofSection 303 ofthe Federal Clean Air Act (emergency orders), including the authority ofthe administrator ofthe 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 ofpermit issuance. 3) The ability ofthe United States Environmental Protection Agency to obtain information from a source pursuant to Section 114 ofthe Federal Clean Air Act. 4) , Nothing in this permit shall relieve the permittee ofthe 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 ofthis permit are severable, and if any provision ofthis permit, or the application ofany provision ofthis permit to any circumstance, is held invalid, the application ofsuchprovision to other circumstances, and the remainder ofthis 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 ofany 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: B1 and B2 This section incorporates the definition ofterms in NDAC Chapter 33-15-21 by reference. A. Permit Requirements: 1) The designated representative ofeach 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 ofHealth, Division ofAir 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 ofeach affected source and each affected unit atthe 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 ofeach 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 with40 CFR75 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 of40 CFR74 and 75 shall not affect the responsibility ofthe owners and operators to monitor emissions ofother pollutants or other emissions characteristics at the unit under other applicable requirements ofthe Federal Clean Air Act and other provisions ofthe operating permit for the source. Applicable Requirement: NDAC 33-15-21-01.6.b C. Sulfur Dioxide Requirements: 1) The owners and operators ofeach 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 ofsulfur 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 ofthe Acid Rain emissions limitations for sulfur dioxide shall constitute a separate violation ofthe 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) ofthis 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 ofthe 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 ofthe 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 ofthe following:

Boiler ID B1 B2 * annual average NOx Limitation 0.86 lb/106 Btu* 0.86 lb/106 Btu*

The owner/operator shall also complywiththe duty under 40 CFR76.9(d) to reapply for an NOx compliance plan prior to expiration ofthis permit and requirements under 40 CFR 76.13 for calculating excess NOx emissions. Applicable Requirements: 40 CFR76.6(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 oftheplan or40 CFR76.8 atthatunit. 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 ofan affected unit that has excess emissions ofS02 in any calendaryear shall submit aproposed offsetplan, to the Administrator as required under 40 CFR 77, with a copy to the North Dakota Department ofHealth, Division ofAir Quality, Air Pollution Control Program. 2) The owners and operators ofan affected unit that has excess emissions ofNOx or S02in 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 ofan 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 otherwiseprovided, the owners and operators ofthe source and each affected unit at the source shallkeep on-site atthe source eachofthe following documents for aperiod of5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of5 years, in writing by the Administrator ofthe U.S. EPA or the North Dakota Department ofHealth, Division ofAir Quality: a) The certificate ofrepresentationfor the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth ofthe statements in the certificate ofrepresentation, 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 ofall 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 ofthe 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 ofany penalty owed to the United States, shall be subject to enforcement pursuant to Section 113(c) ofthe Federal Clean Air Act. 2) Anyperson who knowinglymakes a false, material statementin any record, submission, or report under the Acid Rain Program shall be subject to criminal enforcement pursuant to Section 113(c) ofthe 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 priorto the date that the revision takes effect. 4) Each affected source and each affected unit shall meet the requirements ofthe Acid Rain Program. 5) Any provision ofthe Acid Rain Program that applies to an affected source (including a provision applicable to the designatedrepresented ofan affected source) shall also apply to the owners and operators ofsuch source and ofthe 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 designatedrepresentative ofan affected unit) shall also apply to the owners and operators ofsuch 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 ofone affectedunit shall notbe liable for any violation by any other affected unit ofwhich 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) EachviolationofaprovisionofNDAC 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 ordesignated representative ofsuch source orunit, shall be a separate violation of the Federal Clean AirAct.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 ofthe 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 ofthe Federal Clean Air Act, including the provisions ofTitle I ofthe 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 ofthe 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 ofthe 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 33-15-16Page _iL of 4 7 Permit No. T5-F76009
B. Combustion ofUsed 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 ofstable load. C. Used Oil Combustion: Burning ofused 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 ofUsed Oil- and other applicable rules, regulations, and ordinances. 2) The disposal ofused oil shall follow the Waste Fuel ManagementPlan submitted on July 2, 1991. D. Spent Boiler Cleaning Waste Combustion: Evaporation and/or combustion ofspent 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 ofused oil and spent boiler cleaning waste burned shall be reported on the annual emission inventory report required by Condition 8.F.

### AttachmentA Compliance Assurance Monitoring (CAM) Plan

EPs Ml, M2, M3, M4, M6, M7, M12 and M13



## •COMPLIANCEASSURANCE MONITORING

MINNKOTA POWERCOOPERATIVE, INC. Milton R. Young Station

March 1, 2012

I

### I. Background MINNKOTA POWERCOOPERATIVE, 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 1C 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. MonitoringApproach The key elements ofthe 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 accordingto checklist: maintenance performed as needed Indicator Range Ifany detectable visible The indicator range is water emissions are notedtheplant flow through the control employee will notify the device. appropriate personnel to have the control device repaired 

### III. Performance Criteria QAJQC Plantpersonnel perform Plantpersonnel perform visible emissions check inspections Monitoring Frequency Weekly, ifsystem is Weekly, ifsystem 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 withthe coal handling equipment. IV. Justification for Selected Performance Indicators Visible emissions, was selected as a performance indicator based onour experience operating the rotoclones and the need to comply with the particulate emissions limits. Anyvisible sign ofemissions indicates a reduction in the particulate removal efficiency of the rotoclone.Inspection/maintenance was selected as a performance indicatorbased on our experience operating the rotoclones and the need to comply with the particulate emissions limits. A plugged drain or a poor spray pattern ofwater in the rotoclone indicatesa reduction in the particulate removal efficiency ofthe rotoclone. V. Record Keeping and Reporting Methods All visible emissions and inspection/maintenancerecords will be storedinthe station file at the plant. These records will include the identification ofthe emissionunit, description of maintenance ifneeded, date and the name ofperson completing the inspection. A semi-annual monitoring/permit deviation report will be submitted to the North Dakota Department ofHealth.



## •I. Background MINNKOTAPOWERCOOPERATIVE, 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: M12 Emission Point: Ml3 Location: Unit 2 Fly Ash Silo Location: Unit 2 Lime Storage Silo Location: Water treatment Plant Lime Storage Silo Location: Unit 1Lime 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. MonitoringApproach The key elements ofthe monitoring approach are presented in Table 1.



## •Table No.1 MonitoringApproach 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 Ifany 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, ifsystem is operating during the day Corrective Action Repair as soon as practically possible MONITORING APPROACH JUSTIFICATION I. Background Primary function is the storage offly ash and lime. The monitoring approach outlined here applies to the fabric filters associated with the storage offly ash and lime. The fabric filters control the particulate emissions associated withthe storage offly 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 ofemissions indicates a reduction inthe particulate removal efficiency of the fabric filters. 

### III. Record Keeping and Reporting Methods All visible emissions records will be stored inthe station file at the plant. These records will include the identification ofthe emission unit, description ofmaintenance ifneeded, date and the name ofperson completingthe inspection. A semi-annual monitoring/permit deviation report will be submitted to the North Dakota Department ofHealth. I

### Attachment B Consent Decree- July 

### 27,2006 Amendments to PermitNo. T5-F76009Case 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.ROJ. KU:Ci<ER,

**CU:::~;~** 

### IN THEUNITED STATES DISTRICTCOURT

**'_U,S.J~·~F\:crccurr-NORTHDAKOTA**



### FORTHEDISTRICT OF NOR1H DAKOTA L



### UNITED STATES OF AMERICA and ) STATE OF NORTH DAKOTA, ) ) 

### Plaintiffs, ) ) 

### v. ) ) ) 

### MINNKOTA POWER COOPERATIVE, Inc. and ) SQUARE BUTTE ELECTRIC COOPERATIVEt ) ) 

### Defendants. ) Civil Action No:



### CONSENTDECREE 

# 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. S02Emission Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. Tonnage Limits for 802Emissions ................................... 14 C. Surrender ofS02Allowances

....... , ............................... 16 D. General S02 Provisions ............................................ 18 V. NOx Emission Reductions and Controls ..................................... 19 

### A. Phase INOx 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 ofPM Emission Controls ................................24 B. Compliance 

### with PM EmissionLimits ................................ 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 ofClaims .................................................... 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 ofSubmittals ........................................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 orTransfers ofOwnership Interests .................................... 57 XX. Effective Date ......................................................... 58 XXI. Retention ofJurisdiction ................................................. 59 XXII. Modification ........................................................... 59 XXID. General Provisions ...................................................... 59 XXIV. Signatories and Service

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 XXV. Public Comment ......................................................... 62 XXVI. Conditional Termination ofEnforcementUnder ConsentDecree ................. 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 ofAmerica ("the United States"), on behalfof the United States Environmental Protection Agency ("EPA"), and the State ofNorth Dakota

**("State")~** 

### have filed a Complaint for injunctive reliefand civil penalties pursuant to Sections 113(b)(2) and 167 ofthe CleanAir Act (the "Act"), 42 U.S.C. §§ 

### 7413(b)(2) and 7477, alleging thatDefendants, MinnkotaPower Cooperative ("Minnkota") and Square Butte Electric Cooperative ("Square Butte") have undertaken constructionprojects at major emitting facilities in

### violation ofthe Prevention ofSignificantDeteriorationprovisions ofPart C ofSubchapterI 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, 

### interalia, thatMinnkota and Square Butte (collectively, the "Settling Defendants") failed to obtainthe necessary permits and install the controls necessary underthe Act to reduce their sulfur dioxide (S02 ), 

### nitrogen oxide (NOx), 

### and/or particulate matter {PM) emissions; WHEREAS, the Complaint alleges claims upon which reliefcanbe granted against the Settling Defendants under Sections 113 and 167 ofthe Act, 42 U.S.C. §§ 7413 and 7477; WHEREAS, the United States provided the Settling Defendants andthe State with actual notice ofalleged violations in 

### accordance with Section 113(a)(l) ofthe Act, 42 U.S.C. § 

### 7413(a)(l); WHEREAS, the Settling Defendants assert that there may be difficulty associated with the continuous operation ofFlue Gas Desulfurization Systems atthe Milton R. Young Station during the extremely cold ambient air

### temperatures atthe plant in the wintermonths, and the

1Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 5 of 35



### Parties have consideredthese circumstances in reaching this agreement; WHEREAS, the Settling Defendants assert thatitwould be

### very difficultto install and continuously operate certain NOx emission controls atthe cyclone-fired, lignite-burning Units at the Milton R. 

### Young Station; WHEREAS, NDDH contemplatesthat, upon full implementation ofthe controls and otherrequirements ofthis Consent Decree, the Settling Defendants will have installed BACTlevel S02 

### controls for purposes ofnetting underthis Decree; WHEREAS, the Parties have agreed that settlement ofthis action is in the best interest of the Parties and in

### the public interest, and that entry ofthis ConsentDecree without further litigationis the most appropriate means ofresolving this matter; WHEREAS, the Parties recognize, andthe Court by entering this ConsentDecree fmds, that this ConsentDecree has been negotiated in good faith and at arm's length and thatthis Consent Decree is fair, reasonable, consistentwith the goals ofthe Act, and inthe public interest; WHEREAS, the Settling Defendants have cooperated in

### the resolution ofthis matter; WHEREAS, the Settling Defendants have denied and continue to deny the violations alleged 

### in the Complaint, and nothing herein shall constitute an admission ofliability; and WHEREAS, the Parties have consentedto entry ofthis Consent Decree without trial 

### of any issues; NOW, THEREFORE, without any admission offact or law, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:

2Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 6 of 35

I. JURISDICTION AND VENUE 

### 1. This 

### Court hasjurisdiction overthis action, the subject matterherein, and the Parties consenting hereto, pursuantto 28 U.S.C. §§ 

### 1331, 1345, 1355, and 1367, and pursuant to Sections 113 and 167 ofthe Act, 42 U.S.C. §§ 

### 7413 and 7477. Venue is properunder Section 113(b) ofthe Act, 42 U.S.C. 

### §7413(b), and under 28 U.S.C. § 

### 1391(b) and (c). Solely for the

-. 

### purposes ofthis Consent Decree and the underlying Complainf,the Settling Defendants waive all objections and defenses thatthey may have to the Court'sjurisdiction over this action, to the Court'sjurisdiction overthe Settling Defendants, andto venue in

### this District. The Settling Defendants shall not challenge the terms ofthis ConsentDecree orthis Court'sjurisdictionto .:... 

### enter and enforce this Consent Decree. For purposes ofthe Complaint filed by the Plaintiffs in this matter and resolved by the ConsentDecree, and fer purposes ofentry and enforcement of this Consent Decree, the Settling Defendants waive arly

### defense or objection based on standing. Except as expressly provided for herein, this ConsentDecree shall not create any rights in any party otherthan 

### the Parties to this Consent Decree. Except as provided in SectionXXV (Public Comment) ofthis ConsentDecree, the Parties consentto entry ofthis Consent Decree without further notice. II. APPLICABILITY 

### 2. Except as set forth in

### Paragraph 3, the provisions ofthis Consent Decree shall, upon entry, apply to and be binding uponthe Settling Defendants and their successors and assigns, and upon the Settling Defendants' officers, employees and agents solely in theircapacities as such. 3. Upon entry, the provisions ofthis ConsentDecree thatrelate exclusively to Unit 1at the Milton R. 

### Young Station shall only apply to and be binding upon Minnkota, and its

3Case 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 shallprovide a copy ofthis Consent Decree to all vendors, suppliers, consultants, contractors, agents, and any other company or other organization retained to perform any ofthe workrequiredbythis Consent Decree. Notwithstanding any retention of contractors, subcontractors, or agents to perform any workrequired underthis ConsentDecree, the Settling Defendants shall be 

### responsible for ensuring that all 

### work is perfonned in accordance with the requirements ofthis ConsentDecree. In any action to enforce this Consent Decree, the Settling Defendants shall not assert as a defense the failure of theirofficers, directors, employees, servants, agents, or contractors to take actions necessary to comply with this ConsentDecree, unless it is detennined to be aForce Majeure Event and satisfies the Force Majeure provisions ofthis Consent Decree. 

# m. DEFINITIONS 

### 5. A "30-day Rolling Average Emission Rate'' shall be determined by calculating an arithmetic average ofall hourly emissionrates in lbs/MMBtu for the current Operating Day and the previous 29 Operating Days. Anew 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 Malfunctionperiods within each Operating Day. A Malfunction shall be excluded from this Emission Rate, however, ifit is determined to be a Force Majeure Event and satisfies the Force Majeure provisions ofthis Consent Decree. The reference methods for determining 

## so2 andNOX Emission Rates shall be those specified in 40 C.F.R. Part 75, Appendix F.

4Case 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 percentreduction inthe

mass ofapollutant achievedby aUnit'spollutioncontrol device over a 30-0peratingDay 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 Malfunctionperiods with each Operating Day. AMalfunction shall be excluded from this Removal Efficiency, however, ifit is determined to be aForce Majeure Event and satisfies the Force Majeure provisions ofthis Consent Decree. The reference method for determining both the inlet and outlet 30-day Rolling Average Emission Rate, for the purposes ofcalculating 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 involvingNOx 

### and 802

### underthis 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 AirAct" or "Act" means the federal Clean Air Act, 42 U.S.C. §§7401-7671q, and its implementing regulations. 9. "Consent Decree" means this ConsentDecree. 10. "Emission Rate" for a given pollutant means the number ofpounds ofthat pollutant emitted per million Britishthermal units ofheat input (lb/M:MBtu), measured in accordance with this ConsentDecree. 11. "EPA" means the United States Environmental Protection Agency.



# sCase 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 9 of 35



### 12. "ESP" means electrostatic precipitator, apollution control device for the reduction of PM. 

### 13. "Flue Gas Desulfurization System" or "FGD" means apollution control device that employs flue gas desulfurizationtechnology, including an absorberutilizing lime, flyash, or limestone slurry, for the reduction ofsulfur dioxide emissions. 14. "Fossil Fuel" means any hydrocarbon fuel, including coal, petroleum coke, petroleum oil, ornatural gas. 15. "lb/MMBtu" means one pound ofapollutantper million Britishthermal units ofheat input. 16. "Malfunction" means malfunction as thatterm is defined under40 C.F.R. § 

### 60.2 (July 

### 1, 2004). 17. "MW" means amegawatt or one million Watts. 18. "Milton R. 

### Young Station" means, for purposes ofthis Consent Decree only, the Settling Defendants' electric generating Units near Center, North Dakota, which currently consist oftwo lignite-fired cyclone units. Unit 1has anominal netrating of235 MW. Unit 2 has anominal netrating of440 MW. "Milton R. Young Station" also includes the Settling Defendants' proposed Unit 3, with aproposed net rating of600 MW. The Settling Defendants anticipate submitting apermit to construct application on orbefore June 1, 2009. Subjectto NDDH's permit to constructreview process, the Unit 3permitis anticipated to be issued by December 31, 20 10, construction is expectedto commence on orbefore December 31, 2012, and operation is expectedto commence on orbefore December 31, 20I5. 19. ''NDDH" shall meanthe North DakotaDepartment ofHealth.

6Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 10 of 35



### 20. "Netting" shall mean the process ofdetennining whether aparticularphysical change or change in the method ofoperation ofamajor stationary source results in a net emissions increase, as thatterm is 

### defined at 40 C.F.R. § 

### 52.2l(b)(3)(i) and Chapter 33-15-15 of the North DakotaAdministrative Code (Feb. 1, 2005). 21. "NO,/' means oxides ofnitrogen, measured in accordance withthe provisions ofthis ConsentDecree. 22. "NO" Allowance'' means an authorization or creditto emit a specified amount of NOx that is allocated or issued under an emissions trading ormarketable permitprogram ofany kind established under the Act or a State ImplementationPlan. The Parties acknowledge that at the time oflodging ofthis Consent Decree that

### no NOx Allowance programis applicable to Milton R. Young Station. 23. "NOx BACT Determination" shall mean the conclusions made by the NDDH as a result ofreviewing 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 ofcontrol technology to be installed onUnits 1and 2 and 30-day Rolling Average Emission Rates applicable to Units 1and 2 and to be continuously complied with

### by the Settling Defendants. 24. "NOx Top-Down BACT Analysis" shall mean a study preparedby the Settling Defendants to identify the emissionlimits requiredby 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 ofChapterB ofEPA's "New Source Review Workshop Manual-Prevention of

7Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 11 of 35



### SignificantDeterioration andNonattainment Area Pennitting/, (Draft

### October 1990) ("EPA's NSRManual"). The study shall not include any other elements ofPSDpermitting required by other chapters ofEPA's NSRManual (notwithstanding any cross-reference in Chapter Bto such other chapters), 40 C.F.R. § 52.21, orN.D. ADMIN. 

### CODE§ 33-15-15-01.2. 25. "Over-fire Air" means ateclmology to reduce NOx formation in a Unitboilerby directing aportion ofthe airto be combustedthrough ports above the level ofthe cyclones in the furnace. 26. "Operating Day" means any calendar day on which a Unitfires fossil fuel. 27. "Parties" means the United States ofAmerica, the State ofNorth Dakota, and the Settling Defendants. "Party" means one ofthe four named "Parties." 28. "Plant-Wide 12-MonthRolling Average Tonnage" means the sum ofthe tons ofthe pollutantin question emitted from the Milton R. 

### Young Station in the mostrecent complete month and the previous eleven (11) months. Anew Plant-Wide 12-MonthRolling Average Tonnage shall be calculated for each new complete month in accordance with the provisions of this Consent Decree. The calculation ofeachPlant-Wide 12-Month Rolling Average Tonnage shall include the pollutants emitted during periods ofstartup, shutdown, andMalfunction within each calendar month, unless the Malfunction event is also deemed a "Force Majeure Evenf' as defined in 

### Section XIV ofthis ConsentDecree (Force Majeure), in

### which case such emissions shall be excluded. 29. "Plant-Wide Tonnage for One Calendar Year" means the sum ofthe tons ofthe pollutant in question emitted from the Milton R. Young Station in any 12-Monthcalendaryear. A new Plant-Wide Tonnage for One Calendar Year shall be calculated for each new calendar

8Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 12 of 35



### year. The calculation ofeachPlant-Wide Tonnage for One Calendar Year shall include the pollutants emitted during periods ofstartup, shutdown, and Malftmction within each 12-Month calendaryear, unless the Malftmction event is also deemed a "Force Majeure Event" as defined in SectionXIV ofthis 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 ofthe tons ofthe pollutantin question emitted from the Milton R. Young Station in any two consecutive 12-month calendaryears, divided by two. Anew Plant-Wide Tonnage for the Annual 

### Average ofTwo Calendar Years shall be calculatedfor each new complete 12-month calendaryear. The calculation ofeach Plant-Wide Tonnage for the Annual 

### Average ofTwo Calendar Years shall include the pollutants emitted during periods ofstartup, 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 ofthis ConsentDecree (Force Majeure), in which case such emissions shall be excluded. 31. "PM" means total particulate matter, measured in 

### accordance withthe provisions of this ConsentDecree. 32. "PM CEMS" or "PM Continuous EmissionMonitoring System" means, as specified in Section VI (PM Emission Reduction and Controls) ofthis ConsentDecree, the equipmentthat samples, analyzes, measures, and provides, by readings taken atfrequent intervals, an electronic

orpaperrecord ofPM emissions. 33. "PM Emission Rate" means the average numberofpounds ofPM emittedper million Britishthermal units ofheat input ("lbs/MMBtu") from the Unit stack, as measured in an annual

9Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 13 of 35



### stacktest from the Unit stack, in accordance with the reference method setforth in 

### 40 C.F.R. Part 60, Appendix A, Method 

### 5 (filterableportion only) orMethod 17 (filterableportion only). 34. "Prevention ofSignificantDeterioration" or "PSD" means the prevention of significant deterioration ofair quality programunderPart CofSubchapterI ofthe Clean Air 

### Act, 42 U.S.C. §§ 7470

**~** 

### 7492, and 40 C.F.R. Part 52. 35. "ProjectDollars" means the Settling Defendants' expenditures and

### payments incurred ormade in

### carrying outthe Projects identified in SectionVIII (Additional Injunctive Relief) ofthis ConsentDecree to

### the extentthat suchexpenditures orpayments both: (a) comply with the requirements set forth in Section VIII (Additional Injunctive Relief) ofthis Consent Decree; and (b) 

### constitute (i) the Settling Defendants' direct payments for suchprojects, (ii) 

### the Settling Defendants' external costs for contractors, vendors, and equipment, (iii) 

### the Settling Defendants' internal costs consisting ofemployee time, travel, or out-of-pocket expenses specifically attributable to these particularprojects and documented in accordance with Generally Accepted Accounting Principles ("GAAP"), or (iv) the discountedpresent value ofthe cashpayments made by the Settling Defendants under a contractwith another entity to carry out the project. 36. "RichReagent Injection" means atechnology that injects reagent, such as ammonia

orurea, into aUnit boiler to react with and reduce NOx emissions. 37. "Selective Catalytic Reduction" means apollution control device for reducing NOx emissions through the use ofselective catalytic reduction technology. 38. "Selective Non-Catalytic Reduction" means apollutioncontrol device for reducing NOx emissions through the use ofselective non-catalytic reductiontechnology.

10Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 14 of 35



### 39. "Settling

**Defendants~'** 

### means MinnkotaPower Cooperative, Inc., and Square Butte Electric Cooperative. 40. "SOz" means sulfur dioxide, measured in accordance with the provisions ofthis ConsentDecree. 41. "S02

### Allowance" means "allowance" ofS02

### as defined at 42 U.S.C. § 7651a(3): "an authorization, allocated to an affected Unit bythe Administrator ofEPA under Subchapter IV ofthe

**Act~** 

### to emit, during or after aspecified calendaryear, one ton ofsulfur dioxide." 42. "Title VPermit" means the permitrequired ofthe Settling Defendants' major

sources under SubchapterV ofthe Act, 42 U.S.C. §§ 

### 7661-7661e. 43. "Unit" means, for the purposes ofthis Consent Decree, collectively, the coal crusher, stationary equipmentthat feeds coal to the boiler, the boilerthat produces steamfor the steam turbine, the steam turbine, the generator, the equipmentnecessary to operate the generator, steam turbine and boiler, and all ancillary equipment, including pollution control equipment and, systems necessary for the production ofelectricity. An electric utility steam generating station may comprise one or more Units. IV. S02 EMISSIONREDUCTIONS AND CONTROLS A. S02 Emission Controls 1. 

### New FGD Installations atMilton

### R. Youne Station Unit 1 

### 44. No later than 

### December 31, 2010, the Settling Defendants shall electto install either

a wetFGD or a dry 

### FGD (or equivalent S02 

### control technology approved pursuantto Paragraph 46) at Unit 1, and shall notify the Plaintiffs in writing as to which option the Settling Defendants have elected for this Unit.



### 11Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 15 of 35



### 45. Beginning no laterthan December 31, 2011, the Settling Defendants shall install and

commence continuous operation ofthe FGD (orequivalent 802 

### control technology approved pursuantto Paragraph 46) elected above on Unit I, and shall achieve andthereaftermaintain:

a. If

### the Settling Defendants electto install awetFGD, a30-Day Rolling Average Removal Efficiency for 802 

### atUnit 1ofat leastninety-five percent (95%), subjectto the provisions ofParagraph 49; b. Ifthe Settling Defendants electto install a dry 

### FGD, a 30-Day Rolling Average Removal Efficiency for 802 at

### Unit 1ofat least ninety percent (90%). 46. With priorwritten notice to and written approval from EPA and the State, the Settling Defendants may, in lieu ofinstalling and operating an FGD atUnit 1, install and operate

an alternative 802

### control technology atthis Unitthat achieves and maintains a 30-Day Rolling Average Removal Efficiency for S02

### ofat leastninety five percent (95%), unless Defendants demonstrate, and Plaintiffs agree, thatthe alternative control technology will provide significant additional multi-pollutantreductions, in which case Settling Defendant shall achieve and maintain a 30-Day Rolling Average Removal Efficiency for 802

### ofat leastninetypercent (90%). 2. FGD Upifades for Milton R. Youn1 Station Unit 2 

### 47. No laterthan December 31, 2010, the Settling Defendants shall design andupgrade 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

### atUnit 2 ofat least ninety percent (90%), subjectto the provisions ofParagraph 49.

12Case 1:06-cv-00034-DLH-CSM Document 9 · Filed 0712712006 Page 16 of 35



### 3. Continuous Operation ofS02 

### Controls 

### 48. The Settling Defendants shall continuously operate each FGD (orequivalent S02 

### control technology approvedpursuant to 

### Paragraph 46) covered underthis Consent Decree at all times thatthe Unit it

### serves is in operation, consistent withthe technological limitations, manufacturers' specifications, and good engineering and maintenance practices for the FGDs, or equivalenttechnology, for minimizing emissions to the extentpracticable. The Settling Defendants need not operate an FGD systemduring periods ofMalfunction ofthe FGD, or during periods ofMalfunction ofthe Unitthathave a significant adverse impact on the operation ofthe FGD, provided that the Settling Defendants satisfy the requirements for aMalfunction as setforth in Paragraph 138 (Malfunctions). As setforth in Paragraph 138, aMalfunction may also constitute aForce Majeure Event ifit meets the requirements for aForce Majeure Event in Section XIV (Force Majeure) ofthis Consent Decree. 4. Maximizin& 802 Emission Reductions while Minimizin& Ice Formation Durin& Wintertime Operations 

### ofFGDs 

### 49. In light ofthe potential for substantial and dangerous ice formation on emission stacks utilizing wet FGDs as aresult ofthe 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 oftechnologies and best managementpractices 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 awet FGD. Such evaluation shall be performed by an independent contractor, and shall include an analysis ofthe 

### feasibility, effectiveness, reliability, energy impacts, and economic costs ofsuch technologies and best management practices. In their submittal, the Settling Defendants shall evaluate such
13Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 17 of 35



### technologies and bestmanagementpractices, and shall propose either available technologies, bestmanagementpractices, or both.

a. UponEPA's andNDDH's approval ofthe Settling Defendants' evaluation, EPA andNDDH shallprovide the Settling Defendants with a writtendetermination regarding an available technology and best management practices. Within 90 days afterthe installation orupgrade of

awet FGD pursuant to 

### this ConsentDecree, the Settling Defendants shall

commence implementation ofEPA's andNDDH's determination, subject to the Dispute Resolution procedures set forth in Paragraphs 139 through 146 ofthis ConsentDecree. b. The Settling Defendants shall include in the periodic compliance reports required pursuant to Section XI (Periodic Reporting) ofthis Consent Decree, a 

### summary ofthe effectiveness ofany technologies and best managementpractices in minimizing and eliminating ice formation on the stacks while minimizing any effect on emission reductions at any Units servedby a wet FGD atthe Milton R. 

### Young Unit 2. B. TonnaeeLimits for 802Emissions 

### 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 of802

### peryearbased on a Plant-Wide Tonnage forthe Annual Average ofTwo Calendar Years;

14Case 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 emitmore than26,000 tons ofS02

### peryearbased on a Plant-Wide Tonnage for One Calendar Year;

c. Beginning January 1, 2012, and each yearthereafter, the Settling Defendants shall notemitmore than 11,500 tons of

### 802 

### peryearbased on

aPlant-Wide Tonnage for the Annual Average ofTwo Calendar Years; and d. Inthe eventthat Milton R Young Unit 3 is not operational by December 31,2015,

### then beginning January 1, 2014, 

### and eachyearthereafter, the Settling Defendants shall not emitmore than 8,500 tons of802 

### peryear based on aPlant-Wide Tonnage for the Annual Average ofTwo Calendar Years. 51. Beginning on the date ofentry ofthis ConsentDecree, and priorto the Settling Defendants' implementation ofEPA'sand NDDH's determination pursuant to Paragraph 49, above, the Settling Defendants shall continue to 

### implementpractices, to the extentpracticable, 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 submitto EPA and NDDH apetitionfor ahigher S02 

### emissions limitation than the 31,000 

### ton and 26,000 

### ton limits noted in Subparagraphs 

### SO(a) and (b), above, ifthe Settling Defendants can demonstrate that they are unable to comply with such limitation given the energy demands oftheir cooperative, and despite utilization ofbestmanagementpractices and operation ofthe Milton R. 

### Young Unit

15Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 19 of 35



### 2FGD to minimize S02 

### emissions to the maximumextent practicable. EPA's and NDDH's disapproval ofany suchpetition shall be 

### subjectto the dispute resolutionprovisions in 

### Section XV (Dispute Resolution) ofthis ConsentDecree. 53. The Settling Defendants shall notuse S02

### Allowances or credits to comply with the S02 

### emissions limitations setforth in Paragraph 50. C. Surrender ofS0 1

### Allowances 

### 54. Forpurposes ofthis Subsection, the "surrenderofallowances" means permanently surrendering allowances from the accounts administered by EPA for Units I and 2-andfrom Unit 3to the extentthat S02 

### Allowances are allocated by EPAto thatUnit- so that such S02 

### Allowances canneverbe used to meet any compliance requirementunder the CleanAirAct, the North Dakota State Implementation Plan, or this ConsentDecree. 55. For eachyear specifiedbelow, the Settling Defendants shall surrenderto EPA, or transferto anon-profitthird party selectedby the Settling Defendants for surrender, 802 

### Allowances thathave beenallocated to the Milton R. 

### Young Station forthe 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 ifMilton R. 

### Young thereafter Units 1, 2, and 3 (as proposed) are operational by December 31,2015, and 17,886 Allowances ifonly Milton R. Young Units 1and 2 are operational by December 31, 2015

16Case 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 oftheir receipt from EPA ofthe Annual 

### Deduction Reports for S02• 

### Any surrenderneed 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 earlieryear and that are equal to the numberrequired to 

### be surrendered under this Paragraph. The requirements in this Subsection (IV(C)) ofthe ConsentDecreepertaining to the Settling Defendants' use and retirement ofS02

### Allowances are permanent injunctions not subjectto any tennination provision ofthis Decree. 56. Ifany S02 

### Allowances are transferred directly to anon-profitthird party, the Settling Defendants shall include a description ofsuch transfer in the nextreport submitted to EPA and NDDH pursuantto Section XI (Periodic Reporting) ofthis ConsentDecree. Such report shall: (i) 

### provide the identity ofthe non-profit third-party recipient(s) ofthe S02 

### Allowances and a listing ofthe serial numbers ofthe transferred S02 

### Allowances; and (ii) 

### include a certificationby the third-party recipient(s) stating thatthe recipient(s) will not sell, trade, or otherwise exchange any ofthe allowances and will not use any ofthe S02

### Allowances to meet any obligation imposed by any environmental law. No laterthan 

### the third periodic report due after the transfer ofany S02

### Allowances, the Settling Defendants shall include a statementthatthe third-party recipient(s) surrendered the S02 

### Allowances for permanent surrenderto EPA in accordance with the provisions ofParagraphs 54 and 55 within one (1) year afterthe Settling Defendants transferred the S02

### Allowances to them. The Settling Defendants shall nothave complied with the S02 

### Allowance surrenderrequirements ofthis Paragraphuntil all third-party recipient(s) shall have actually surrenderedthe transferred S02 

### Allowances to EPA.

17Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 21 of 35



### 57. For all 802

### Allowances surrenderedto EPA, the Settling Defendants orthe third-party recipient(s) (as the case may be) shall first submit an 802

### Allowance transferrequest form to EPA's Office ofAir

### and Radiation's Clean Air

### Markets Division directing the transfer of such S02

### Allowances to the EPA Enforcement SurrenderAccount orto any otherEPA account that EPA may direct inwriting. As part ofsubmitting these transfer requests, the Settling Defendants orthe third-party recipient(s) shall irrevocably authorize the transfer ofthese S02 

### Allowances and identifY

- by name ofaccount and any applicable serial or other identification numbers or station names - the source and location ofthe 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. Part75. 59. Forthe purpose ofcalculating the 30-Day Rolling Average Removal Efficiency, the outlet S02

### Emission Rate and the inlet S02

### Emission Rate shall be determinedbased on the data generated in accordance with 40 C.P.R. Part75 (using 802

### CEMS data from boththe inlet and outlet ofthe control device). 60. Ifany Unit subjectto this ConsentDecree is constructedto 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 afterthe by-pass return, and the inlet 30-Day Rolling Average Emission Rate shall be determined from 802 

### CEMS located before the by-pass.

18Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 22 of 35

V. NOx EMISSIONREDUCTIONS AND CONTROLS A. PhaseI 

### NOx Emissions Reductions and Controls 

### 61. No laterthan December 31, 2007, the Settling Defendants shall install and

commence continuous operation ofOver-fire Air on Unit 2 atthe Milton R. Young Station. 62. No laterthan December 31, 2009, the Settling Defendants shall install and

commence continuous operation ofOver-fire Air on Unit 1atthe Milton R 

### Young Station. 63. With priorwritten notice to and written approval from EPA andNDDH, the Settling Defendants may, in lieu ofinstalling and operating the NO" controls required by Paragraphs 61

or 62, install and operate equivalenttechnology that will achieve aNO" emissionrate ofno greaterthan 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 shallbe determined in accordance with the procedures set forth inthis subsection. 65. Within six months after entry ofthis Consent Decree, the Settling Defendants shall submitto NDDH for review and approval, and to EPAfor review, aNO" Top-Down BACT Analysis for each existing coal-fired Unit atthe 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 otherNOx control technologies. This NO" Top-Down BACT Analysis is independent and separate from the Settling Defendants' plans to install one or more 19Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 23 of 35



### technologies pursuantto Paragraphs 61 and 62. The Settling Defendants shall retain a qualified contractorto assist in the performance and completion ofeachNO" Top-Down BACTAnalysis. 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 inthe definition ofaNOx Top-DownBACT Analysis underthis Consent Decree. After consultation withEPA, 

### 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 Unitthe 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 setforth in Paragraph 147 ofthis 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 laterthan December 31, 

### 2011, the Settling Defendants shall achieve and maintainthe Phase II 

### 30-Day Rolling AverageNOx Emission Rates established by NDDH through its NO" BACT Determinationfor Unit 1. 

### Such Phase II 30-Day Rolling Average NO" Emission Rates shall not affect

### the Settling Defendants' obligation to also comply withthe Phase I 

### 30-Day Rolling Average NOx Emission Rates set forth herein. C. 

### Use ofNOx Allowances 

### 68. Except as provided inthis Consent Decree, the Settling Defendants shall not sell or 20 IICase 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 3atthe Milton R. Young Station thatwould otherwise be 

### available for sale ortrade as aresult ofthe actions taken by the Settling Defendants to comply withthe requirements ofthis 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 atthe Milton R. 

### Young Station for a particular year are greaterthan 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 ofthis Consent Decree, nothing in

### this ConsentDecree shall preclude the Settling Defendants from selling ortransferring NOx Allowances allocated to the Milton R. Young Stationthatbecome available for sale or trade as aresult of:

a. activities that reduce NOx 

### emissions from any Unit at the Milton R. 

### Young Stationpriorto the date ofentry ofthis Consent Decree; b. the installation and operation ofany NOx 

### pollution control technology or technique that is not otherwise required under this Consent Decree;

c. achievement and maintenance ofNOx emissionrates belowthe emission limits required by SectionV (NO" Emissions Reductions and Controls); d. permanent shutdown ofany Unit atthe Milton R. 

### Young Stations not otherwise required by this Consent Decree; and

e. otheremission reduction measures that are agreed to by the Parties and made enforceable through modifications ofthis 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 reportthe generation ofsuch surplusNOx Allowances in accordance with SectionXI (Periodic Reporting) ofthis ConsentDecree. The Settling Defendants shall be allowedto sell or transferNOx Allowances equal to the NOx emissions reductions achieved for any given year by any ofthe actions specified in 

### Subparagraphs (b) through (e) only to the extent thatthe totalNOx emissions from all Units atthe Milton R. Young Station are below the emissions limits requiredby this Consent Decree. 71. The Settling Defendants may notpurchase or otherwise obtainNO)( Allowances from another source for purposes ofcomplying with the requirements ofthis Consent Decree. However, nothing in

### this Consent Decree shall preventthe Settling Defendants from purchasing

or otherwise obtaining NOx Allowances from another source for purposes ofcomplying with state or federal Clean Air

### Act requirements to the extent otherwise allowedby 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 in40 C.F.R. Part 75. 73. At any time following the commencementofoperation ofthe 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 andmaintainthe 30-Day Rolling Average Emission NOx Rate requiredby the NDDH's NOx BACT Determination for the Unitin question, considering all relevant information. The Settling Defendants shall include in suchpetition aproposed 22Case 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 contractorto assistinthe preparation and completion ofthe petition for an alternative 30-Day Rolling Average EmissionRate for 

### NOx. The Settling Defendants shall provide with

### eachpetition all pertinent documents and data. Ifthe 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 ofSection XV (Dispute Resolution) ofthis Consent Decree. The Settling Defendants shall submit any petition for any Unit underthis Paragraph no later than six (6) months afterthe final compliance date specified for thatUnit in Paragraph 67. 74. The Settling Defendants shall continuously operate all 

### NOx control technology installed on the Milton R. Young Units at all times thatthe Unit served is in operation, consistent with the technological limitations, manufacturers' specifications to the extentpracticable, and good engineering and maintenance practices for the

### NOx control technology. The Settling Defendants need not operate 

### NOx control technology during periods ofMalfunction ofthe 

### NOx control technology, or during periods ofMalfunction ofthe Unitthat have a significant adverse impact onthe operation ofthe 

### 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, aMalfunction may also constitute aForce Majeure Event ifitmeets the requirements for aForce Majeure Event in SectionXIV (Force Majeure) of this Consent Decree. VI. PMEMISSION REDUCTIONSAND CONTROLS 

### A. 0Rtimization ofPMEmission Controls 

### 23Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 27 of 35



### 75. Within ninety (90) days afterentry ofthis ConsentDecree and continuing thereafter, the Settling Defendants shall continuously operate eachPM Control Device on the Milton R. 

### Young Station Units to maximize PM emissionreductions, consistent with the operational and maintenance limitations ofthe units. Specifically, the Settling Defendants shall, at aminimum: (a) energize each section ofthe ESP for each Unit, regardless ofwhetherthat action is needed to comply with opacity limits; (b) maintainthe energy orpower levels delivered to 

### the ESP for each Unit to achieve the greatestpossible removal ofPM; (c) make best efforts to expeditiously repair and return to service transformer-rectifier sets whenthey fail; (d) inspectfor, and schedule for repair, any openings in ESP casings and ductworkto minimize air leakage; (e) optimize for Unit 1the plate-cleaning and discharge-electrode cleaning systems for the ESP by varying the cycle time, cycle frequency, rapper-vibrator intensity, and number ofstrikes per cleaning event; and (f) 

### optimize for Unit 2the

**plate~cleaning** 

### system for the ESP by varying the cycle time and frequency ofthe cycle. B. Compliancewith PMEmission Limits 

### 76. Within one year ofentry ofthe ConsentDecree, 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 ofno greater than 

### 0.030 lb/J\.1MBtu. 77. No later than one-hundred-eighty (180) days afterthe Settling Defendants install and

commence continuous operation ofthe FGD (or equivalent 

### 802 

### control technology approved pursuant to Paragraph 46) on Unit I atthe Milton R. 

### Young Station, and continuing annually thereafter, the Settling Defendants shall demonstrate, in accordance with Paragraphs 80 and 81, 24Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 28 of 35



### that Unit 1at the Milton R. 

### Young Station can achieve and thereafter maintain a PM Emission Rate of:

a. No greater than 

### 0.030 lb/M:MBtu ifthe Settling Defendants install a wet FGD; and b. No greater than 

### 0.015lb/MMBtuifthe Settling Defendants install a dry FGD. 78. The Settling Defendants shall continuously operate each ESP orbaghouse at the Milton R. 

### Young Station at all timesthat each Unitthe ESP or baghouse serves is combusting Fossil Fuel, consistentwith good engineering practices for PM control, to minimize PM emissionsto the extentpracticable. The Settling Defendants need not operate an ESP or baghouse during periods ofMalfunction ofthe ESP or baghouse, or during periods of Malfunction ofthe Unit that have a significant adverse impact onthe operation ofthe ESP or baghouse, provided that the Settling Defendants satisfy the requirements for Malfunction Events

as set forth in Paragraph 138 (MalfunctionEvents). As setforth in 

### Paragraph 138, aMalfunction may also constitute a Force Majeure Event ifitmeets the requirements for aForce Majeure Event in Section XIV (Force Majeure) ofthis Consent Decree. 79. Within 180 days after the SettliD.g Defendants complete the installation ofany 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 ofcontrol equipment. Ifthe performance demonstration shows that the control equipment cannot consistently meetthe 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 StationUnits 1and 2. Such annual performance tests may be satisfiedby stacktests conducted in a given year, in accordance with the Settling Defendants' permitfrom the State ofNorth Dakota. 81. In determiningthe 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) or40 C.F.R. Part 60, App. A, Method 17 (fllterable portion only), using stacktests, or alternative methods that are requestedby the Settling Defendants and approved by EPA. The Settling Defendants shall also calculate the PM Emission Rates from annual stacktests in 

### accordance with 40 C.F.R. § 

### 60.8(±). In addition, the Settling Defendants shall submitthe results ofeachPM stacktestto NDDH and EPA within forty-five ( 45) days ofcompletion ofeach test. 2. PMCEMS 

### 82. The Settling Defendants shall install and operate PM CEMS in accordance with Paragraphs 82 through 88 on Unit 2atthe Milton R 

### Young Station. The PM CEMS shall comprise a continuous particle mass monitor measuring particulate matter concentration, directly

orindirectly, on an hourly average basis and a diluent monitorused to convert the concentration to units oflb/MMBtu. The Settling Defendants shall maintain, in an electronic database, the hourly average emission values ofall PM CEMS in lb/MMBtu. The Settling Defendants shall

use reasonable efforts to keep the PM CEMS running and producing data wheneverUnit2 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 ofthis Consent Decree, the Settling Defendants shall submitto EPA andNDDH for review and approval pursuantto SectionXII (Review and Approval ofSubmittals) ofthis Consent Decree aplan for the installation and certification ofthe PM CEMS for MiltonR. 

### Young Unit 2. 84. No laterthan one hundred twenty (120) days priorto the deadline to commence operation ofthe PM CEMS, the Settling Defendants shall submit to EPA and NDDH for review and approval pursuantto SectionXII (Review and Approval ofSubmittals) ofthis Consent Decree aproposed Quality Assurance/Quality Control ("QA/QC") protocol that shall be followed in calibrating such PM CEMS. Following EPA and 

### NDDH's approval ofthe 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 ofthe PM CEMS and the QA/QC protocol, the Settling Defendants shall use the criteria set forth in

### EPA's Amendments to Standards ofPerformance for New Stationary Sources: Monitoring Requirements, 69 Fed. Reg. 1786 (January 12, 2004). 86. The Settling Defendants shall install and commence operation ofPM CEMS on or before June 30, 2008. 87. By December 31, 2008, the Settling Defendants shall conducttests and demonstrate compliance with 

### the PM CEMS installation and certificationplan 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 1and 27 ICase 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 31 of 35



### Unit 2 ofthe Milton R. Young Station at all times those units are in operation. However, ifthe Settling Defendants demonstrate that eitherone ofthese

**continuo~** 

### opacity monitors cannot provide accurate opacity measurementdue to the formation ofliquid water droplets inthe flue. gas ofa 

### stackwith a wetFGD, in accordance with Question 

### 5.6, Part 75 ofEPA's Emission Monitoring Policy Manual, then the Settling Defendants may submitto EPA andNDDH for review and approval alternative opacity procedures and requirements pursuant to the provisions of40 

### C.F.R. § 60.13(i)(l). 

### VII. PROHIBITION ONNETTING CREDITS OR OFFSETS FROMREQUIRED CONTROLS 

### 89. Emissionreductions generated by the Settling Defendants to comply with the requirements ofthis ConsentDecree shall notbe considered as a creditable emission decrease for the purpose ofobtaining anetting credit underthe Clean Air Act's NonattainmentNSR 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 1and 2

as creditable decreases for the purpose ofobtaining netting credit for these pollutants at Unit 3 underthe Clean Air Act'sNonattainmentN8R and P8D programs, if:

a. The Settling Defendants submit, as and addendum to its construction permit application for Unit 3, an analysis thatproposes 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 3that includes emissions limits thatreflect BACT-equivalentlevel controls atthe time ofconstruction of the Unit, andthat are at least as stringent as a 30-Day Rolling Average S02 

### 28Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 32 of 35



### Removal Efficiency ofat least ninety-five percent 95% (if

### the Settling Defendants install a wet FGD on Unit 3) or 90% (ifthe Settling Defendants install a dry FGD

on Unit 3), a 30-Day Rolling Average NOx Emission Rate not greaterthan 0.100 lb/MMBtu, and an Emission Rate for PM ofno greater than 0.015 lbs/M:MBtu, provided that, at 

### any time following the commencement ofoperation ofthis new Unit, the Settling Defendants may submitto EPA andNDDH a written petition for ahigher 30-Day Rolling Average NOx Emission Rate ifthe Settling Defendants can demonstrate thatit cannot achieve such an emission rate onthis

new Unit; b. The Settling Defendants have been and remain in full 

### compliance with the plantwide S02 

### tonnage limitation set forth in Paragraph 50 ofthis ConsentDecree and NDDH has issued a federally-enforceable permitfor Units 1, 2, 

### and 3that will 

### limitthe Plant-Wide Annual Average ofthe Tonnage for Two Calendar Years for S02 

### atthose units to 

### 11,500 tons peryear commencing January 1, 2012; and

c. NDDH determines through air quality modeling submitted by the Settling Defendants in accordance withNDDH modeling protocolsthatthe impact on either aPSD 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 ConsentDecree are operational, will be less than the impact from the combined emissions at Units 1and 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) 29Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 33 of 35



### (July 1, 2005) 

### for the purpose ofobtaining netting credits for these pollutants at Unit 3, as long

as the Settling Defendants commence constructionofUnit 3 on orbefore December 31, 2012. 

### 91. Nothing in this Consent Decree is intendedto affectthe application ofSection 33-15- 15-01.2 ofthe North DakotaAdministrative Code regarding the availability ofextensions onthe commencement ofconstruction for newly permitted facilities. 92. Nothing in this ConsentDecree is intended to preclude the emissionreductions generated underthis ConsentDecree from being consideredby NDDH and EPA as creditable emission decreases for the purpose ofattainment demonstrations submitted pursuantto Section 110 ofthe Act, 42 U.S.C. §

### 7410, orin determining impacts onNAAQS orPSD increment. VIII. ADDIDONALINJUNCTIVE RELIEF 

### 93. The Settling Defendants shall implementthe windturbine project ("Project") described inthis Section in compliance withthe approvedplans and schedules for such Project and otherterms ofthis ConsentDecree. The Settling Defendants shall submitplans for the Project to the United States for review and approval pursuantto SectionXII (Review and Approval ofSubmittals) ofthis ConsentDecree in 

### accordance with the schedules setforth in this Section. In implementing the Project, the Settling Defendants shall spend no less than $5.0 

### million in funds ("ProjectDollars") pursuantto the schedule setforth in

### Paragraph 103. The Settling Defendants shall maintain, and presentto the United States, upon request, all documents to substantiate the ProjectDollars expended and shall provide these documents to the United States andNDDH within thirty 

### (30) days ofarequestby the United States orNDDH for the documents. 94. The Settling Defendants shall make all plans andreports prepared by the Settling 30Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 34 of 35



### Defendants pursuantto the requirements ofthis Section ofthe ConsentDecree publicly available without charge. 95. The Settling Defendants shall certify, as part ofthe plan submitted to the United States for the Projectthat, as ofthe date ofthis ConsentDecree, the Settling Defendants are not otherwise required by law to perform the Project described inthe plan, thatthe Settling Defendants are unaware ofany otherperson who is required by lawto performthe Project, and that the Settling Defendants will not use the Project, orportion thereof, to satisfy any obligations that it

### may have under other applicable requirements oflaw. 96. The Settling Defendants shall use good faith efforts to secure as much benefit as possible for the ProjectDollars expended, consistent with the applicable requirements and limits ofthis Consent Decree. 97. Regardless ofwhether the Settling Defendants elected (where such election is allowed) to undertake the Projectby itselforto do so by contributing funds to another person or instrumentality that will carry outthe Project, the Settling Defendants acknowledge that they will receive credit for the expenditure ofsuch funds as ProjectDollars only ifthe Settling Defendants demonstrate thatthe funds have been actually spentby eitherthe Settling Defendants

orby the person or instrumentality receiving them (or, in the case ofinternal 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 creditfor their expenditures only to the extentthatthey do notreceive an offsetting fmancial or economic benefit from such expenditures; in determining how many Project Dollars have been spentby the Settling 31Case 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 oreconomic benefit received againstany ofthe Settling Defendants' expenditures for the Project. 99. Within sixty (60) days following the completion ofthe Projectrequired under this Consent Decree, the Settling Defendants shall submitto the United States areportthat documents the date thatthe Project was completed, the Settling Defendants' results of implementing the Project, including the emissionreductions or other environmental benefits achieved, and the ProjectDollars expended by the Settling Defendants in implementing the Project.100. The Settling Defendants shall notfinancially benefitto a greater extentthan any other member ofthe general public from the sale ortransfer oftechnology obtained in the course ofimplementing any Project. 101. Project Dollar credit given for the Project shall reflectthe Settling Defendants' net costin implementing the Project, and any economic benefit or income resulting from the Project shall be deducted from the ProjectDollar creditgivento the Project. 102. Beginning one (1) year after entry ofthis Consent Decree, the Settling Defendants shall provide the United States with semi-annual updates concerning the progress ofthe Project. 103. Within 180 days after entry ofthis Consent Decree, the Settling Defendants shall submit aplan to EPA and the State for aProjectto provide theirmembers 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 ProjectDollars to purchase and install its

own wind turbines, or (b) 

### by December 31, 2009, enter into apowerpurchase agreement with a provider ofwind energy that requires the provider ofwind 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 ofapproximately 5MW, andthat obligates the Settling Defendants to purchase the entire electric output from the turbines for aperiod ofno less than 15 years. The powerpurchase agreement shall have a discounted present value ofcash outflows ofno less than $5,000,000, based on a discount rate of 6.25%. IX. CIVILPENALTY 

### 104. Within thirty 

### (30) calendar days after entry ofthis 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 ofthis action. The costs ofsuch EFT shall be the Settling Defendants' responsibility. Payment shall be made in accordance with instructions provided to

### the Settling Defendants by the Financial LitigationUnit ofthe U.S. Attorney's Office for the District ofNorth Dakota. Any funds received after 2:00 p.m. EDT shall be 

### credited on the next business day. Atthe time ofpayment, the Settling Defendants shall provide notice ofpayment, referencing the USAO File Number, the DOJ CaseNumber, and the civil action case name and case number, to the Department ofJustice and to EPA in accordance with SectionXVIII {Notices) ofthis Consent Decree. 105. Within thirty (30) calendar days after entry ofthis Consent Decree, the Settling Defendants shall pay to the State a civil penalty inthe amount of$425,000. Payment shall be made in the form ofa certified check or cashier's check, and be payable to "North Dakota Department ofHealth" Payment shall be sentto the Director, Air Quality Division, North 

### 33 IICase 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 2 of 38



### Dakota DepartmentofHealth, Bismark, North Dakota 58506-5520. To ensure proper**credit~** 

### the checkmustreference 

### UnitedStates, etal. v. Minnkota Power Cooperative, etal., and the civil action case number. 106. Failure to timely pay the civil penalty shall subjectthe Settling Defendants to interest accruing fromthe 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 ofa creditor or ofthe United States in securing payment. 107. Payments made pursuantto this Section are penalties within the meaning of· Section 162(f) ofthe Internal Revenue Code, 26 U.S.C.§ 162(f), and are nottax-deductible expenditures forpurposes offederal law. X. RESOLUTION OF CLAIMS 

### A. Resolution ofPlaintiffs' Civil Claims 

### 108. Claims Based on Modifications 

### OccurringBefore the Lod&ing ofConsent Decree. 

### Entry ofthis Consent Decree shall resolve all civil claims ofthe Plaintiffs under:

a 

### Parts C and DofSubchapter I ofthe Clean AirAct; 

### b. Section 

### Ill ofthe Clean Air Act and 40 C.F.R. Part 60;

c. Sections 502(a) and 504(a) ofthe Clean Air Act, but only to the extentthat such claims are based on the Settling Defendants' failure to obtain an 

### operating permit thatreflects applicable requirements imposed under Part C ofSubchapter I ofthe Clean Air Act; and 

### d. Chapters 33-15-12 and 33-15-15 ofthe 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 relevantpriorversions ofthese regulations; that arose from any modification that commenced atthe Milton R. 

### Young Stationprior to the date oflodging ofthis ConsentDecree, including butnot limited to modifications alleged inthe Complaint filed by the Plaintiffs in

### this civil action. I09. Claims Based on Modifications After the Lod&ing ofConsentDecree. Entry of this Decree also shall resolve all civil claims ofthe Plaintiffs for pollutants regulated under:

a. Parts C and D ofSubchapter I ofthe Clean Air Act, and under regulations promulgatedthereunder as ofthe date oflodging ofthis Decree; and b. Chapter 33ft15-15 ofthe North DakotaAdministrative Code, as well as Chapter 33-15-01 and 33-15-14 as they relate to Chapter 33-15-15; where suchclaims are based on a modification completedbefore December 31, 2015 and: i) 

### commenced ateither Unit 1or Unit 2 atthe Milton R. Young Station after lodging ofthis 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 thattennis given underthe Clean Air Act statute as it existed on the date oflodging ofthis 

### Decree. 110. Reopener. The resolution ofthe civil claims ofthe United States providedby this Subsection is subjectto the provisions ofSection B 

### ofthis Section. 

### B. PursuitofPlaintiffs' Civil Claims OtherwiseResolved 111. Bases for**Pursuin~:** 

### Resolved Claims. Ifthe Settling Defendants:

a. 

### fail by more than ninety (90) days (whichmay be extended by written agreement ofthe Parties) to complete installation or upgrade, and 35Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 4 of 38



### commence operation, ofany emission control device, unless that failure is excused underthe Force Majeure provisions ofthis ConsentDecree; or b. emitmore 802

### than allowed by the following tonnage limitations: 1. 

### 31,000 tons of802

### based on aPlant-Wide 12-MonthRolling Average Tonnage beginning January 1, 

### 2006; 2. 26,000 tons of802 

### based on aPlant-Wide 12-MonthRolling Average Tmmage beginning January 1, 

### 2011; 3. 

### 11,500 tons ofS02

### based on aPlant-Wide 12-MonthRolling Average Tonnage beginning January 1, 

### 2012; and 4. 8,500 

### tons of802

### peryear based on aPlant-Wide 12-Month Rolling Average Tonnage beginning January 1, 

### 2014, in the event that Milton R. 

### Young Unit 3 is 

### notoperational by December 31, 2015; then the Plaintiffs may pursue any claimthat is 

### otherwise covered by the covenantnot to


### sue orto bring administrative action under Subsection A ofthis Sectionfor any claims based on modifications undertaken at a Unitwhere the modification(s) on which such claim is 

### based was commenced after lodging ofthe Consent Decree and within the five years precedingthe violation or failure specified in this Paragraph. 112. Additional Bases for Pursuine Resolved Claims for Modifications. The 

### Plaintiffs may also pursue claims arising from amodification (or collection ofmodifications) at a Unitthat is otherwise covered by the covenant not to sue or to bring administrative action under SubsectionA ofthis Section, ifthe modification (or collection ofmodifications) atthe 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 ofthis ConsentDecree, and (b) individually (or collectively) increasedthe maximum hourly emissionrate ofthat Unit for NOx



### or S02 

### (as measured by 40 

### C.F.R. § 60.14 

### (b) and (h)) 

### by more than tenpercent (10%). 

### XI. PERIODIC REPORTING 113. Beginning thirty (30) 

### days afterthe end ofthe first full calendar quarter following the entry ofthis 

### ConsentDecree, continuing on a semi-annual basis until December 31, 2020, and in addition to any other express reporting requirement inthis Consent Decree, the Settling Defendants shall submitto EPA and the State aprogress report, containing

a. all information necessary to determine compliance with this Consent Decree, including butnot limited to informationrequiredto be included in the reports pursuant to Paragraphs 49, 55, 56, 70, and 99; and b. all information indicating thatthe installation and commencement ofoperation for

apollution control device may be delayed, including the nature and cause ofthe delay, and any steps taken by the Settling Defendants to mitigate such delay. 114. In any periodic progress report submittedpursuantto this Section, the Settling Defendants may incorporate by reference informationpreviously submitted under theirTitle V permitting requirements, providedthatthe Settling Defendants attach the Title Vpermitreport (orpertinentportions ofsuch report) and provide a specific reference to the provisions ofthe Title Vpermitreportthat are responsive to the information required in the periodic progress report. 115. In addition to the progress reports required pursuantto this Section, the Settling Defendants shall provide awritten report to 

### Plaintiffs ofany violation ofthe requirements ofthis 37Case 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 ofwhen the Settling Defendants knew or should have known of any such violation. In this report, the Settling Defendants shall explainthe cause orcauses ofthe violation and all measures taken orto be

### taken by the Settling Defendants to prevent such violations inthe future. Exceedances ofthe PM Emission Rates shall be reported within fortyfive ( 45) days ofthe completion ofthe stacktestthat demonstrates such non-compliance. In this report, the Settling Defendants shall explainthe cause or causes ofthe violation and all measures taken orto be taken by the Settling Defendants to prevent such violations in the future. 116. Each Settling Defendant's report shall be signed by each ofthe Settling Defendant's Environmental Manager or, inhis orher absence, the Settling Defendant's Vice President ofGeneration, orhigherranking official, and shall containthe following certification: This information was prepared eitherby me or undermy 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, orthe direction and my inquiry ofthe person(s) who manage the system, orthe person(s) directly responsible for gatheringthe information, Ihereby certify underpenalty oflawthat, to the best ofmy knowledge andbelief, this information is true, accurate, and complete. I understand that there are significantpenalties for submitting false, inaccurate, or incomplete information to the United States.



### 38Case 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 submiteachplan, report, or other submission to EPA andthe State whenever such a document is requiredto be 

### submitted for review or approval pursuant to this Consent Decree. EPA and the State, to the extentthatthis Consent Decree provides forjointapproval withthe State, may approve the submittal or decline to approve it and provide written comments. Within sixty ( 60) days ofreceiving written comments from EPA, the Settling Defendants shall either: (a) revise the submittal consistentwiththe written comments and provide the revised submittal for ftnal approval to EPA and, ifapplicable, to the State; or (b) 

### submitthe matter for dispute resolution, including the period ofinformal negotiations, under SectionXV (Dispute Resolution) ofthis ConsentDecree. 118. Upon receipt ofEPA'sfinal approval ofthe submittal, and the State's final approval, ifapplicable, or upon completion ofthe submittal pursuantto dispute resolution, the Settling Defendants shall implementthe approved submittal in accordance with the schedule specifiedtherein. XIII. STIPULATED PENALTIES 

### 119. For any failure by the Settling Defendants to comply with the terms ofthis Consent Decree, and subject to the provisions ofSections XIV (Force Majeure) and XV (Dispute Resolution) ofthis Consent Decree, the Settling Defendants shall pay, within thirty (30) days after receipt ofwritten demand to the Settling Defendants by the United States, the following stipulated penalties to the United States: ConsentDecree Violation



### 39 StipulatedPenalty (Per dayperviolation, 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) ofthis Consent Decree b. Failure to comply with any applicableNOx $2,500 emissionrate resulting from the State'sBACT determination, 30-Day Rolling Average Removal Efficiency for S02, 

### orEmission Rate for PM, where the violation is less than 

### 5% in excess ofthe limits set forth in 

### this ConsentDecree c. Failure to comply with any applicable NOx $5,000 emission rate orremoval efficiency resulting from the State's BACT determination, 30-Day Rolling Average Removal Efficiency for S02, 

### orEmissionRate for PM, where the violation is equal to or greaterthan 5% but less than 10% in excess ofthe limits setforth in this Consent Decreed. Failure to 

### comply with any applicable NOx $10,000 emissionrate orremoval efficiency resulting from the State's BACT determination, 30-Day Rolling Average Removal Efficiency for S02, 

### orEmission Rate for PM, where the violation is equal to or greaterthan 10% in excess ofthe limits set forth in this Consent Decree e. Failure to comply with the Plant-Wide Tonnage $60,000 perton per year Limitations for One Calendar Yearorthe Plant-Wide for the first 100 tons overthe Tonnage Limitations for the Annual Average ofTwo limit, and $120,000 per tonper Calendar Years year for each additional ton overthe limit f. Failure to install, upgrade, commence operation, $10,000 during the first or continue operation ofthe NOX, 

# so2, and PMpollution 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 permitrequiredby this $1,000 Consent Decree 

## • 40Case 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 ConsentDecree k. 

### Using, selling, or transferring 802

### Allowances, the surrender, pursuant except as permitted in this ConsentDecree to the procedures set forth in Paragraphs 55 through 57 of this ConsentDecree, ofS02 

### Allowances in

### an amountequal to four times the number of802 

### Allowances used, sold, or transferred in violation ofthis Consent Decree 

### 1. Using, selling ortransferring 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 ofthis 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 ofthe $1,000 during the ftrst Projects in compliance with SectionVID (Additional 30 days, $5,000 thereafter Injunctive Relief) ofthis ConsentDecree o. Any other violation ofthis 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

### ifthe Settling Defendants are in full compliance with the requirements ofParagraph 49 ofthis ConsentDecree, such exceedance is due to the Settling Defendants' efforts to reduce ice formation ona wet FGD stack by resorting to apartial bypass oftheir FGD, and the Settling Defendants maintain a 30- Day Rolling Average Removal Efficiency for S02

### ofno less than 83% during suchperiods of II 41Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 10 of 38



### partial bypass. 121. 

### Violation ofanEmission Rate orremoval efficiency that is based on a 30-Day Rolling Average is aviolation on every day on which the average is based. 122. 

### Where aviolation ofa 30-Day Rolling Average Removal Efficiency (fromthe same source) recurs within periods oflessthan

### thirty (30) days, the Settling Defendants shall notpay a daily stipulated penalty for any day ofthe recurrence for which a stipulatedpenalty has already beenpaid. 123. 

### All stipulatedpenalties shall begin to accrue on the day afterthe performance is due

oron the day a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed oruntil the violation ceases. Nothing in this Consent Decree shall preventthe simultaneous accrual ofseparate stipulated penalties for separate violations ofthis Consent Decree. 124. 

### The Settling Defendants shall pay all stipulatedpenalties to the Plaintiffs within thirty (30) days ofreceipt ofwritten demand to the Settling Defendants from the United States, and shall continue to make suchpayments every thirty 

### (30) days thereafter until the violation(s)

no longercontinues, unless the Settling Defendants elects within 20 days ofreceipt ofwritten demand to the Settling Defendants from the United States to dispute the accrual ofstipulated penalties in accordance with the provisions in SectionXV (Dispute Resolution) ofthis Consent Decree.125. Stipulated penalties shall continue to accrue as provided in

### Paragraph 119 during any dispute, with intereston accrued stipulatedpenalties payable and calculated at

### the rate established by the Secretary ofthe Treasury, pursuantto 28 U.S.C. § 

### 1961, but need notbe paid 42Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 11 of 38



### until the following:



### a Ifthe dispute is resolved by agreement, or by a decision ofPlaintiffspursuant to SectionXV (Dispute Resolution) ofthis Consent Decree thatis not appealed to the Court, accrued stipulatedpenalties agreed or determined to

### be owing, together with accrued interest, shall be paid within thirty 

### (30) days ofthe effective date of the agreement or ofthe receipt ofPlaintiffs' decision; b. Ifthe dispute is appealed to the Court and Plaintiffs prevail in whole or in part, the Settling Defendants shall, within sixty (60) days ofreceipt ofthe Court's decision or order, pay all accrued stipulatedpenalties determined by the Court to be owing, together with accrued interest, except as provided in 

### Subparagraph (c);

c. Ifthe Court's decision is appealed by any Party, the Settling Defendants shall, within fifteen (15) days ofreceipt ofthe fmal appellate court decision, pay all 

### accrued stipulatedpenalties determined to be owing, together with accrued interest. Forpurposes ofthis 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 stipulatedpenalty amounts set forth in

### Paragraph 119. The Settling Defendants need notpay any stipulatedpenalties based on violations which they dispute and ultimately prevail underthe Dispute Resolution provisions ofthis ConsentDecree. 126. All stipulatedpenalties shall be paid in the manner set forth in Section IX (Civil Penalty) ofthis Consent Decree. 127. Should the Settling Defendants fail to pay stipulated penalties in compliance with 43Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 12 of 38



### the terms ofthis ConsentDecree, the Plaintiffs shall be entitled to collectinterest 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 additionto any otherrights, remedies, or sanctions available to any Plaintiffby reason ofthe Settling Defendants' failure to comply with any requirement ofthis ConsentDecree or applicable law, exceptthat for any violation ofthe Actfor which this ConsentDecree provides for payment ofa stipulatedpenalty, the Settling Defendants shall be allowed acredit for stipulatedpenalties paid against any statutory penalties also imposed for suchviolation. XIV. FORCEMAJEURE 

### 129. Forpurposes ofthis ConsentDecree, a

**~'Force** 

### Majeure Event" shall mean an event that has been or will be caused by circumstances beyond the control ofthe Settling Defendants, their contractors, or any entity controlled by the Settling Defendants that delays compliance with any provision ofthis ConsentDecree or otherwise causes aviolation ofany provision ofthis ConsentDecree 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 ofany such event (a) as it is occurring and (b) 

### after it has occurred, suchthatthe delay or violationis minimizedto the greatest extentpossible. 130. Notice ofForce Majeure

### Events. If

### any event occurs orhas occurred thatmay delay compliance with or otherwise cause a violation ofany obligationunderthis Consent Decree, as to which the Settling Defendants intends to assert a claim ofForce Majeure, the Settling Defendants shall notify the United States and the State in writing as soon as practicable, butin no event later than fourteen (14) business days following the date the Settling Defendants 44Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 13 of 38



### first knew, or by the exercise ofdue diligence shouldhave known, thatthe event caused or may
cause such delay orviolation. In

### this notice, the Settling Defendants shall reference this Paragraph ofthis Consent Decree and describe the anticipatedlength oftime thatthe delay or violation may persist, the cause orcauses ofthe delay orviolation, all measures taken orto be taken by the Settling Defendants to prevent or minimize the delay orviolation, the schedule by which the Settling Defendants proposes to implement those measures, andthe Settling Defendants' rationale for attributing a delay orviolation to 

### aForce Majeure Event. The Settling Defendants shall adopt all 

### reasonable measures to avoid orminimize such delays or violations. The Settling Defendants shall be deemed to know ofany circti.mstance which the Settling Defendants, theircontractors, or any entity controlled by the Settling Defendants knew or should have known. 131. Failnre to Give Notice. Ifthe Settling Defendants fails to comply withthe notice requirements inthe 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 ofForce Majeure within twenty (20) business days of receipt ofthe notice provided under Paragraph 130. Ifthe Plaintiffs agree that a delay in 

### performance has been orwill be causedby a Force Majeure Event, the Parties shall stipulate to

an extension ofdeadline(s) for performance ofthe 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 SectionXXII (Modification) ofthis 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 acceptthe Settling Defendants' claim of Force Majeure, or ifthe Parties cannot agree on the length ofthe delay actually caused by the Force Majeure Event, the matter shall be resolved in accordance with SectionXV (Dispute Resolution) ofthis Consent Decree. 134. Burden 

### ofProof. In

### any dispute regarding Force Majeure, the Settling Defendants shall bearthe burden ofproving that any delay inperformance or any other violation ofany requirement ofthis ConsentDecree was caused by or will be caused by aForce Majeure Event. The Settling Defendants shall also bearthe burden ofproving thatthe Settling Defendants gave the notice required by Paragraph 130 and the burden ofproving the anticipated duration and extent ofany delay(s) attributable to aForce Majeure Event. An 

### extension ofone compliance date based on aparticular eventmay, but will notnecessarily, result in an extension ofa subsequent compliance date. 135. Events Excluded. Unanticipated orincreased costs or expenses associated with the performance ofthe Settling Defendants' obligations underthis Consent Decree shall not constitute aForce 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 ofevents listedbelow are among those thatcould qualify as Force Majeure Events within the meaning ofthis Section: construction, labor, or equipment delays; Malfunction ofa Unit or emission control device; acts ofGod; acts ofwar or terrorism; and orders by a government official, government agency, orotherregulatory body acting under and authorized by applicable law thatdirects the Settling Defendants to supply electricity inresponse to 

### a 

### 46Case 1:06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 15 of 38



### system-wide (state-wide orregional) emergency. Depending upon the circumstances and the Settling Defendants' response to such circumstances, failure ofapermitting authority to issue a necessary permitin atimely fashion may 

### constitute aForce Majeure Event where the failure of the permitting authority to actis beyond the control ofthe Settling Defendants and the Settling Defendants have taken all steps available to 

### it to 

### obtainthe necessary permit, including, butnot limitedto: submitting a complete permit application; responding to requests for additional information by the permitting authority in atimely fashion; and accepting lawful permitterms and conditions after expeditiously exhausting any legal rights to appeal terms and conditions imposed by the permitting authority, providedthatthe Settling Defendants shall notbe precluded from asserting that a new Force Majeure Event has caused ormay cause anew or additional delay in complying with the extended ormodified schedule. 137. As part ofthe resolution ofany matter submitted to this Courtunder Section XV (Dispute Resolution) ofthis ConsentDecree regarding a claim ofForce Majeure, the Parties by agreement, or this Courtby order, may in appropriate circumstances extend or modify the schedule for completion ofworkunderthis ConsentDecree to account for the delay in the work that occurred as aresult ofany delay agreed to by the United States and the State or approved by the Court. The Settling Defendants shall be liable for stipulatedpenalties for their failure thereafter to complete the work in accordance with the extended ormodified schedule. 138. Malfunctions. The Settling Defendants shall notify EPA and NDDH in writing of each Malfunction impacting apollution control technology requiredby this Consent Decree as
soon as practicable, butin no event laterthan 

### fourteen (14) business days following the date that

. the Settling Defendants first knew, orby the exercise ofdue diligence should have known, ofthe 

### 47Case 1:06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 16 of 38



### Malfunction. The Settling Defendants shall be deemed to know ofany 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 describethe anticipated length oftime thatthe Malfunction may persist, the cause or causes ofthe Malfunction, all



### measures taken orto be taken by the Settling Defendants to minimize the duration ofthe Malfunction, and the schedule by whichthe Settling Defendants proposes to implementthose

measures. The Settling Defendants shall adopt all reasonable measures to minimize the duration ofsuch Malfunctions and, consistentwith 40 C.P.R. §

### 60.ll(d), shall, to the extentpracticable, maintain and operate any affected Unit and associated airpollution control equipment in a
manner consistentwith good airpollution control practice for minimizing emissions. A Malfunction, as defmed in

### Paragraph 16 <;>fthis ConsentDecree, does not constitute aForce Majeure Eventunless the Malfunction also meets the definition ofaForce Majeure Event, as provided in this Section. Conversely, aperiod ofMalfunction may be excluded by the Settling Defendants from the calculations ofemissionrates and removal efficiencies, as allowed under this Paragraph, ifthe Malfunction constitutes aForce Majeure event. XV. 

### DISPUTE RESOLUTION 

### 139. The dispute resolution procedure provided by this Section shall be available to resolve all disputes arising underthis Consent Decree, providedthatthe Party invoking such procedure has first made a good faith attemptto resolve the matterwith the other Parties. 140. The dispute resolution procedure required herein shall be invokedby one Party giving written notice to the other Parties advising ofadispute pursuant to this Section. The notice shall describethe nature ofthe 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 anotice shall acknowledge receipt ofthe notice, and the Parties indispute shall expeditiously schedule ameeting to discussthe dispute informally notlater than 

### fourteen (14) days following receiptofsuchnotice. 141. Disputes submittedto dispute resolution under this Section shall, in the first instance, be

### the subject ofinformal negotiations among the disputing Parties. Suchperiod of informal negotiations shall notextend beyond thirty 

### (30) calendar days from the date ofthe 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 submittheir dispute to amutually-agreed-upon alternative dispute resolution ("ADR") forum if the Parties agree that the ADR activities can be completedwithin the 30-day informal negotiations period (or such longerperiod as the Parties may agree to in writing). 142. If

### the disputing Parties are unable to reach agreement during the informal negotiationperiod, the Plaintiffs shall provide the Settling Defendants with a written summary of their positionregarding the dispute. The written positionprovided by the Plaintiffs shall be considered binding unless, within forty-five (45) calendardays thereafter, the Settling Defendants seeksjudicial resolution ofthe dispute by filing apetitionwiththis Court The Plaintiffs may respond to the petition within forty-five ( 45) calendar days offiling. 143. Where the nature ofthe dispute is suchthat amore timely resolution ofthe issue is required, thetime periods set outin this Section may be shortenedupon motion ofone ofthe Parties to the dispute. 144. This Court shall not draw any inferences nor establish any presumptions adverse to any disputing Party as aresult ofinvocation ofthis Section orthe disputing Parties' inability to 

### 49Case 1:06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 18 of 38



### reach agreement. 145. As part ofthe resolution ofany dispute underthis Section, in appropriate circumstances the disputing Parties may agree, orthis Courtmay order, an extension or modification ofthe schedule for the completion ofthe activities required underthis Consent Decree to account for the delay that occurred as aresult ofdispute resolution. The Settling Defendants shall be liable for stipulated penalties for their failure thereafterto complete the work in

### accordance with the extended or modified schedule, provided that the Settling Defendants shall not be precluded from asserting that aForce Majeure Eventhas caused ormay cause a delay incomplying with the extended ormodified schedule. 146. The Court shall decide all disputes pursuant to applicable principles oflaw for resolving such disputes. In their initial ftlings withthe Courtunder Paragraph 142, the disputing Parties shall state theirrespective positions as to 

### the applicable standard oflaw for resolving the particular dispute. 147. This Paragraph shall govern all disputes underthis Consent Decree between any Party regarding the BACT Detenninationprovided by NDDH under SectionV(B) ofthis ConsentDecree. The Settling Defendants hereby waive theirrights 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 ofits BACT Determination, it shall notify the other Parties within thirty (30) days ofreceiptofthe BACT Determination. The notice 

### 50Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 19 of 38



### shall describe the particularreason(s) for disagreeing withNDDH's BACT Determination. The disputing Party shall bearthe burden ofproofthroughoutthe dispute resolutionprocess. The Parties to the dispute shall endeavorto resolve the dispute infonnally for up to thirty 

### (30) days following issuance ofsuch notice.

b. Ifthe Parties to the dispute do notreach an agreement during this informal dispute resolution process, each disputing Party shall provide the other Parties with a written summary ofits position withinthirty (30) calendar days afterthe end of the infonnal process. The written position(s) provided by the State·shall be consideredbinding unless, within forty-five (45) calendar days thereafter, a Party files with this Court apetition which describes the nature ofthe dispute and seeks judicial resolution. The otherParties to the dispute shall respond to the petition(s) within forty-five (45) calendar days ofeach 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 ofapplicable statutory and regulatory provisions. 

### XVI. PERMITS 148. Unless expressly stated otherwise inthis ConsentDecree (e.g. Paragraph 109), in any instance where otherwise applicable law orthis ConsentDecree requires the Settling Defendants to secure apermitto authorize construction or operation ofany device, including all preconstruction, construction, and operating permits required under state law, the Settling 51Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 20 of 38



### Defendants shall make such application in atimely manner. The United States andNDDH will

use theirbest efforts to expeditiously review all permit applications submitted by the Settling Defendants in orderto meetthe requirements ofthis ConsentDecree. 149. Whenpermits are required, the Settling Defendants shall complete and submit applications for suchpermits to the appropriate authorities to allow sufficienttime for all legally requiredprocessing andreview ofthe permitrequest, including requests for additional information by the permitting authorities. Any 

### failure by the Settling Defendants to submita timely permit application for any Unit atthe Milton R Young Station shall bar any use by the Settling Defendants ofSection XIV (Force Majeure) ofthis ConsentDecree, where aForce Majeure claimis based onpermitting delays. 150. 

### Notwithstanding the reference to the Title Vpermit in

### this ConsentDecree, the enforcementofthe permit shall be in 

### accordance with its 

### own terms and the Act. The Title V permit shall notbe enforceable underthis ConsentDecree, although any term or limit established by orunderthis ConsentDecree shall be

### enforceable under this ConsentDecree regardless of whether such term has 

### orwill become part ofaTitle Vpermit, subjectto the terms ofSection XXVI (Conditional Termination ofEnforcement Under ConsentDecree) ofthis ConsentDecree. 151. Within ninety (90) 

### days after entry ofthis ConsentDecree, the Settling Defendants shall amend any applicable Title Vpermit application, orapply for amendments oftheir Title V permit, to include a schedule for all unit-specific and plant-specificperformance, operational, maintenance, and control technology requirements established by

### this Consent Decree including, butnot limited to, emission rates, removal efficiencies, tonnage limitations, and the requirements pertaining to the surrender ofS02

### 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 ofoperationofeachpollution control device to be

### installed orupgraded on aUnitunderthis ConsentDecree, the Settling Defendants shall apply to include the requirements and limitations enumeratedin this Consent Decree in either a federally enforceable permit (otherthan a Title Vpermit) 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 30-

### Day Rolling Average Removal Efficiency, (b) 

### the allowance surrenderrequirements set forth in

### this Consent Decree, and (c) any applicable Tonnage limitations setforth in this Consent Decree. 153. The Settling Defendants shall

### provide the United States with a copy ofeach application for a federally enforceable permit or SIP amendment, as 

### well as a copy ofany permit proposed as 

### aresult ofsuch 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), 

### ifapplicable) as federally-enforceable limits for the Settling Defendants in future permitting proceedings. 154. Ifthe Settling Defendants sell or transfer to an entity unrelated to 

### the Settling Defendants ("Third Party 

### Purchaser") part or all of

### an ownership interest in 

### aUnit ("Ownership Interest") covered underthis Consent Decree, the Settling Defendants shall comply withthe requirements ofParagraphs 

### 148 through 

### 153 with regard to that

### Unitpriorto any such sale or transfer unless, following any such sale ortransfer, the Settling Defendants remains the holder of the permit for such facility.

53Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 22 of 38



### XVII. INFORMATION COLLECTIONAND RETENTION 155. Any authorizedrepresentative ofthe Plaintiffs, including their attorneys,

**contractors~** 

### and consultants, uponpresentation ofcredentials, shall have aright ofentry upon the premises ofany facility covered underthis ConsentDecree at any reasonable time for the purpose of:

a. monitoring the progress ofactivities required underthis Consent Decree; b. verifying any data or information submittedto the Plaintiffs in accordance with the terms ofthis ConsentDecree;

c. obtaining samples and, upon request, splits ofany samples taken by the Settling Defendants or theirrepresentatives, contractors, or consultants; and d. assessing the Settling Defendants' compliance withthis ConsentDecree. 1

56. The Settling Defendants shall retain, and instruct their contractors and agents to preserve, all 

### non-identical copies ofall 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 oftheir obligations under this Consent Decree, until December 31, 2020. This record retention requirement shall apply regardless of any corporate documentretention policy to the contrary. 157. All information and documents submitted by the Settling Defendants pursuantto this ConsentDecree shall be subject to public disclosure based onrequests under applicable law providing for such disclosure unless (a) the information and documents are subjectto legal privileges orprotection or (b) the Settling Defendants claim and substantiate in accordance with 40 C.F.R. Part 2that 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 limitthe authority ofthe Plaintiffs to 

### conduct tests and inspections at facilities coveredunderthis ConsentDecree under Section 114 ofthe Act, 42 U.S.C. §

### 7414, or any other applicable federal or state laws, regulations orpermits. 

### XVIII. 

### NOTICES 159. Unless otherwise providedherein, whenevernotifications, submissions, or communications are requiredby this Consent Decree, they shall be made in writing and addressed 

### as follows: As to the United States ofAmerica: Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department ofJustice P.O. Box 7611, BenFranklin Station Washington, D.C. 20044-7611 DOJ# 90-5-2-1-07717 and Director, Air Enforcement Division Office ofEnforcement 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 ofEnforcement, 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 ofHealth 55Case 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 eitherby: (a) overnightmail or delivery service; (b) 

### certified or registered mail, return receiptrequested; 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 orregistered mail shall be deemed submitted on the date they are postmarked, or (b) sentby overnight delivery service shallbe 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 ofreceipt ofsuch transmission. 161. Any Party may change either the notice recipient orthe address for providing notices to it by serving the other Parties with a notice setting forth such new notice recipient or address. XIX. SALES ORTRANSFERS OF OWNERSHIP INTERESTS 

### 162. Ifthe Settling Defendants propose to sell ortransferpart or all oftheir ownership interest in any oftheir real property or operations subjectto this ConsentDecree ("Ownership Interest") to an entity unrelated to the Settling Defendants ("Third Party Purchaser"), they shall 56Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 25 of 38



### advise the Third Party Purchaser in writing ofthe existence ofthis Consent Decree priorto such sale ortransfer, and shall send a copy ofsuch written notificationto 

### the Plaintiffs pursuantto SectionXVIII (Notices) at least sixty (60) days before suchproposed sale or transfer. 163. No sale ortransfer ofan Ownership Interest shall take place before the Third Party Purchaser and the Plaintiffs have executed, and the Courthas approved, a modification pursuant to Section XXII (Modification) ofthis ConsentDecree making the Third Party Purchaser aparty defendant to this ConsentDecree andjointly and severally liable with the Settling Defendants for all the requirements ofthis ConsentDecree that may be 

### applicable to

### the transferred or purchasedOwnership Interests, except as provided inParagraph 165, below. 164. This Consent Decree shall notbe construedto impede the transfer ofany Ownership Interests between the Settling Defendants and any Third Party Purchaser as longthe requirements ofthis ConsentDecree are met. In addition, this ConsentDecree shall notbe construedto prohibit a contractual allocation-as betweenthe Settling Defendants and any Third Party Purchaser ofOwnership Interests-ofthe burdens ofcompliance with this Decree, provided that both the Settling Defendants and such Third Party Purchaser shall remainjointly and severally liable to the Plaintiffs for the obligations ofthe Decree applicable to the transferred or purchased Ownership Interests, except as provided in Paragraph 165. 165. Ifthe Plaintiffs agree, the United States, the State, the Settling Defendants and the Third Party Purchaser that

### has become aparty defendant to

### this Consent Decree pursuantto Paragraph 163 may execute amodification thatrelieves Minnkota and/or Square Butte oftheir liability underthis Consent Decree for, and makes the Third Party Purchaser liable for, all obligations and liabilities applicableto the purchased ortransferred Ownership Interests. 57Case 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 obligationunderthis ConsentDecree that is not specific to the purchased

ortransferred Ownership Interests, including the obligations setforth in Sections VIII (Additional Injunctive Relief) and IX (Civil Penalty). The Settling Defendants may propose and the Plaintiffs may agree to restrictthe scope of joint and several liability ofany purchaser or transferee for any obligations ofthis ConsentDecree 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 ofthis Consent Decree shall be the date upon whichthis Consent Decree is 

### entered by the Court. XXI. RETENTION OF JURISDICTION 

### 167. ContinuinK Jurisdiction. 

### The Court shall retainjurisdiction ofthis case after entry ofthis ConsentDecree to enforce compliance with the terms and conditions ofthis Consent Decree and to take any action necessary or appropriate for its interpretation, construction, execution, modification, or adjudication ofdisputes. During the term ofthis Consent Decree, any Party to this ConsentDecree may apply to the Court for any reliefnecessary to construe or effectuate this ConsentDecree.

58Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 27 of 38



### XXII. MODIFICATION 

### 168. The terms ofthis 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 ofthis ConsentDecree, it shall be effective only upon approval by the Court. XXIII. GENERAL PROVISIONS 

### 169. This Consent Decree is not apermit. Compliance with the terms ofthis 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 notrelieve the Settling Defendants from any obligation to comply with other state and federal requirements under the CleanAir Act, including the Settling Defendants' obligations to satisfy any state modeling requirements set forth in the North Dakota State ImplementationPlan. Unless otherwise indicated herein, citations to statutes or regulations herein shall mean the version of the statutes orregulations in

### force as ofJuly 1, 2005. 170. This ConsentDecree does not apply to 

### any claim(s) ofalleged criminal liability. 171. In any subsequent administrative orjudicial action initiated by the Plaintiffs for injunctive reliefor civil penalties relating to the facilities covered by this ConsentDecree, the Settling Defendants shall not assert any defense or claim based upon principles ofwaiver, res judicata, collateral estoppel, issue preclusion, claimpreclusion, or claim splitting, or any other defense based uponthe 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, affectthe validity ofSection X (Resolution ofClaims) ofthis ConsentDecree. 59Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 28 of 38



### 172. Except as specifically provided by this ConsentDecree, nothing in this Consent Decree shall relieve the Settling Defendants oftheir obligationsto comply with 

### all applicable federal, state, and local laws andregulations. Nothing contained in this ConsentDecree shall be construedto preventor limitthe 

### rights ofthe Plaintiffs to obtainpenalties, injunctive reliefor otherreliefunder the Act orother federal, state, or local statutes, regulations, or pennits. 173. Every term expressly defmedby this Consent Decree shall have the meaning given to thattermby this ConsentDecree and, except as otherwise provided in this ConsentDecree, every otherterm used in this ConsentDecree that is also atermunder the Actorthe regulations implementing the Act shall mean inthis ConsentDecree what suchterm means under the Act or those implementingregulations. 174. Nothing in

### this ConsentDecree is intended to, or shall, alter orwaive any applicable law (including butnotlimited to 

### any defenses, entitlements, challenges, or clarifications relatedto the Credible Evidence Rule, 62 Fed. Reg. 8315 (Feb. 27, 1997)) concerning the use ofdata for any purpose under the Act, generated eitherby the reference methods specified herein or otherwise. 175. Each limit and/or otherrequirement established by or under this Consent Decree is

a separate, independentrequirement 176. Performance standards, emissions limits, and other quantitative standards setby or underthis ConsentDecree mustbe metto the number ofsignificant digits in which the standard

or limitis expressed. For example, an EmissionRate of0.100 is notmet if

### the actual Emission Rate is 0.101. The Settling Defendants shall round the fourth significantdigitto the nearestthird significant digit, orthe third significant digitto the nearest second significant digit, depending 60Case 1:06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 29 of 38



### upon whether the limit is expressedto three or two significant digits. For example, ifan actual Emission Rate is 0.1004, that shallbe reported as 0.100, and shall be in

### compliance with 

### an Emission Rate of0.100, and if

### an actual EmissionRate is 0.1005, that shall be reported as 0.101, and shall notbe in compliance with an Emission Rate of0.100. The Settling Defendants shall report datato the number ofsignificantdigits in

### whichthe standard or limit is expressed. 177. This Consent Decree does not limit, enlarge or affect the rights ofany 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 respectto the settlementembodied in this Consent Decree, and supersedes all prior agreements and understandings among the Parties related to the subject matterherein. No document, representation, inducement, agreement, understanding, orpromise constitutes any part ofthis Consent Decree orthe settlementit

### represents, nor shall they be used in construing the terms ofthis ConsentDecree. 179. The United States and the Settling Defendants shall beartheir own costs and attorneys' fees. XXIV. SIGNATORIES AND SERVICE 

### 180. Each undersignedrepresentative ofthe Parties certifies thathe or she 

### is fully authorized to enter into the terms and conditions ofthis ConsentDecree and to execute and legally bindto this documentthe Party he or she represents. 181. This ConsentDecree 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 ofprocess by mail withrespect to all 61 IICase 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 30 of 38



### matters arising under orrelating to this Consent Decree and to waive the formal service requirements set forth in Rule 4 ofthe Federal Ru1es ofCivil Procedure and any applicable Local Rules ofthis Court including, butnot limited to, service ofa su:nnD.ons. XXV. PUBLIC COMMENT 183. 

### The Parties agree and 

### acknowledge that final approval by the United States and entry ofthis ConsentDecree is subject to the procedures of28 C.F.R. 

### § 50.7, which provides for notice ofthe lodging ofthis Consent Decree 

### inthe Federal Register, an opportunity for public comment, and the right ofthe United States to withdraw or withhold consent ifthe comments disclose facts or considerations which indicate that the ConsentDecree is inappropriate, improper or inadequate. The Settling Defendants shall not oppose entry ofthis Consent Decree by this Court or challenge any provision ofthis Consent Decree unless the United States has 

### notified the Settling Defendants, in writing, that the United States no longer supports entry ofthe ConsentDecree. 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 otherrequirement ofthis 

### Consent Decree that is not ongoing orrecurring, the Settling Defendants may, by motion to this Court, seektermination of the provision orprovisions ofthis Consent Decree thatimposed the requirement. 185. Conditional Termination ofEnforcement Throui:hthe ConsentDecree. 

### After the Settling Defendants:

a. have successfully completed construction, 

### andhave maintained operation, ofall 

### 62Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 31 of 38



### pollution controls 

### as required by this ConsentDecree; b. have obtained a final Title Vpennit (I) 

### as required by the terms ofthis Consent Decree; (ii)

### that cover all units in

### this Consent Decree; and (iii)

### that include 

### as enforceable permitterms all ofthe Unitperformance and otherrequirements specified in Section XVI (Permits) ofthis ConsentDecree; and

c. certifiedthat the date is later than

### December 31, 2015; then the Settling Defendants may so certify these facts to the Plaintiffs and this Court. Ifthe Plaintiffs do not object in

### writing with 

### specific reasons within

### forty-five (45) days ofreceiptof the Settling Defendants' certification, then, for any Consent Decree violations that occur after the flling ofnotice, the Plaintiffs shall pursue enforcement ofthe requirements contained in

### the Title Vpermitthrough the applicable Title Vpermit andnot through this Consent Decree. 186. Resort to Enforcement underthis Consent Decree. Notwithstanding Paragraph 187, ifenforcement ofaprovision in

### this Consent Decree cannot be pursuedby a Party under the applicable Title Vpermit, or if

### a Consent Decree requirement

### was intendedto be part ofaTitle VPermit and did not become orremain part ofsuch permit, then such requirement may be enforced underthe tenns ofthis ConsentDecree at any time, unless and until the Settling Defendants have secured a source-specific revision to the NorthDakota State Implementation Plan to reflect the emission limitations, emissions monitoring, and allowance surrender requirements set forth inthis 

### ConsentDecree.



### 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 ofthis ConsentDecree by the Court, this ConsentDecree shall constitute afinaljudgment in

### the above-captioned matter betweenthe Plaintiffs and the Settling Defendants. 

# N,. so ORDERED, THIS 

# 27 DAY 

### OF

# ----ll~-=...,~-_;1 2006.



## • 64Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 33 of 38



### FORTHE UNITED STATES OF AMERICA:

AssistantAttorney General Environmental andNatural Resources Division United States Department ofJustice

Environmental Enforcement Section Environmental and Natural Resources Division United States Department ofJustice

65 

## •Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 34 of 38



### istantAdministrator Office ofEnforcement and ComplianceAssurance United States Environmental Protection Agency

Director, Air EnforcementDivision Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency

Attorney Adv1 r Air EnforcementDivision Office ofEnforcement and Compliance Assurance United States Environmental Protection Agency



### 66Case 1:06-cv-00034-DLH-CSM Document 9 Filed 07/27/2006 Page 35 of 38



### CAROLRUSHIN Assistant

### Regional Administrator Office ofEnforcement, Compliance and

### Environmental Justice 

# l

. ,-..

# /J1Vn~~' BRENDA MORRIS Enforcement Attorney U.S. Environmental ProtectionAgency 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 DakotaDep'tofHeaJth



# w Attorney General Attorney forNorth Dakota



### 68 

## •Case 1:06-cv-00034-DLH-CSM Document 9 Filed 0712712006 Page 37 of 38



### FORDEFENDANTMINNKOTAI'~

DAVIDLOER President & 

### CEO



### 69Case 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 1truck dump at the Milton R. Young Stationhas been modified to increase the hopper capacity from 200 tons to 350 tons. The modification to the Unit 1truck dump is regulated by 40 CFR Part 60, Subpart Y (Standards ofPerformance 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 ofcoal 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 1truck dump. Since modifications were onlymade to the Unit 1truck dump, this plan applies onlyto coal dust emissions from the Unit 1truck dump enclosure. The objective ofthis 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 1truck 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 buildingthat encloses the truck dump. 4. Emission Control Strategies A. The Unit 1truck dump is enclosedin abuildingwithoverheaddoors on both ends. Within the building is a dry fog system. B. Section 60.255 (c) of40 CFR, Part 60 Subpart Y states "If any affectedcoalprocessing andconveying equipment (e.g. breakers, crushers, screens, conveyingsystems), coal storage systems, or coal transfer andloadingsystems that commencedconstruction, reconstruction, or modification afterApril28, 2008, are enclosed in a building, and emissions from the buildingdo notexceedany of the standards in§ 60.254 thatapply to the affected facility, then thefacility shall be deemed in compliance with such standards. " Minnkota will utilize multiple types offugitive 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 ofzones utilized will be determined as needed to control the fugitive emissions. When the fugitive emission can be controlled Illwithout the dry fog system, it will not be operated. The overhead doors will be utilized as necessary during periods ofhigh wind and freezing temperatures. 5. Performance Testing and Monitoring Requirements A. The initial performance test must be completed within 60 days ofthe Unit 1truck 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 newperformance test mustbe conducted within 90 operating days ofthe 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 ofthe date the previous performance test was required to be completed. B. To make sure we operate the Unit 1truck dump at a capacity greater than 80 percent of maximum, the performance test will begin withtrucks lined up and waiting to dump. The Method 9 performance test will begin when the first truck is stationed onthe truck dump and the truckbeginsto unload. Once the first truck is unloaded, the loader will proceed to cleanthe grizzly. Once the grizzlyhas been cleaned andthe coal inthe 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 ofone hour with a minimum of800 tons ofcoal 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 ofany maintenance and inspectionactivities, and the results ofthose activities. Anyvariance from manufacturer recommendation, ifany, shall be noted. 2) The date and time ofperiodic visual observations as well as documentation ofany corrective action taken to reduce visible emissions. Results ofany corrective action shall be noted. 3) The amount ofcoal 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 TruckDump The Unit 1Truck 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 systemhas multiple sprayzones inthe coal hopperandinside 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 ofhigh wind and freezing temperatures. This document can be found at f:kthomas\Unit 1Truck Dump. Operations DepartmentResponsibilities 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. Ifthe fog system or doors are not available and are needed to maintain compliance, the truck dump must be taken out ofservice until these systems can be returned to service. 4. Maintain the Unit 1Truck Dump Logbook. 5. Daily inspections during operation are required to confirm operation ofthe systems. Record the date and time ofany maintenance activities. 6. Daily assessment ofany visible emissions from the building during unloading. Record the date and time ofany corrective actions. 7. Log the amount ofcoal processed each month. 8. Monthly certificationthat the dust control plan was implemented. 9. Log any othervariances 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. Ifcompliance canbe 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 ofour certified Method 9 visual emissions personnel. Presently, Steve Cornell and Dave Doll are certified in Method 9. Building Doors

- Ifthe 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 ofour certified Method 9 visual emissions personnel.In the event a malfunction occurs ofthe 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 1Truck Dump Malfunction Decision Tree Normal operation during light winds (less than 20 mph) is the lower level ofdry 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 offog nozzle

lingto entera Priority Coal hand 3 Work (repairs to Request immediately

be completed within 2 weeks)

No



## Continue to Operate Unit 1Truck Dump No



### Take Unit 1 Truck Dump out ofservice until repairs are completed. Operations to determine whether to elevate the priority level in

consideration ofwhether 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 completedeveryday thetruck 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 ofthe 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*



## •

### *Ifthe system is not fully operational describe what is not operational and any measures taken. **Ifany 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 ofCoal Processed

___tons, water used

___Gallons The fugitive dust plan was implemented as required. 

## •Attachment C 

# MinnkotaPower 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

I1. Introduction The Unit 1truck 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 1truck dump is regulated by 40 CFR Part 60, Subpart Y (Standards ofPerformance for Coal Preparation and Processing Plants). This Fugitive Coal Dust Emission Control Plan has beenprepared to satisfy the requirements of Subpart Y as it relates to the unloading ofcoal 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 1truck dump. Since modifications were onlymade to the Unit 1truckdump, thisplan applies onlyto coal dust emissions from the Unit 1truck dump enclosure. The objective ofthis 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 1truck 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 DustEmissionControl Planapplies to coal dust emissions from the buildingthat encloses the truck dump. 4. Emission Control Strategies A. The Unit 1truckdump is enclosedina building withoverhead doors onbothends. Within the building is a dry fog system. B. Section 60.255 (c) of40 CFR, Part 60 Subpart Y states 

### "If any affectedcoalprocessing andconveying equipment (e.g. breakers, crushers, screens, conveyingsystems), coal storage systems, or coal transfer andloading systems that commencedconstruction, reconstruction, or modification afterApril28, 2008, are enclosed in a building, and emissions from the buildingdo notexceedany of the standards in§ 60.254 thatapply to the affected facility, then thefacility shall be deemed in compliance with such standards. " Minnkota will utilize multiple types offugitive 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 ofzones utilized will be determined as needed to control the fugitive emissions. When the fugitive emission can be controlledwithoutthe dry fog system, it will not be operated. The overhead doors will be utilized as necessary during periods ofhigh wind and freezing temperatures. 5. Performance Testing and Monitoring Requirements A. The initial performance test must be completed within 60 days ofthe Unit 1truck 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 percentor greater, a newperformancetest mustbe conductedwithin 90 operating days ofthe 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, newperformance tests must be conducted within 12 calendar months ofthe date the previous performance test was required to be completed. B. To make sure we operate the Unit 1truck dump at a capacity greater than 80 percent of maximum, the performance test will beginwith trucks lined up and waiting to dump. The Method 9 performance test will begin when the first truck is stationed onthe truck dump and the truck begins to unload. Once the first truck is unloaded, the loader will proceedto cleanthe grizzly. Once the grizzlyhas been cleaned and the coal inthe hopper is at a level which would allowthe second truck to unload, the second truck will unload. The process will be repeated for a total duration ofone hour with a minimum of800 tons ofcoal 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 ofany maintenance and inspection activities, andthe results ofthose activities. Anyvariance from manufacturer recommendation, ifany, shall be noted. 2) The date and time ofperiodic visual observations as well as documentation ofany corrective action taken to reduce visible emissions. Results ofany corrective action shall be noted. 3) The amount ofcoal 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 TruckDump The Unit 1Truck 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. Thedry fog systemhas multiple spray zones inthe 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 onthe building must be utilized when needed during periods ofhigh wind and freezing temperatures. This document can be found at f:kthomas\Unit 1Truck 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 onthe building enclosure are used to isolate the building during unloading. 3. Ifthe fog system or doors are not available and are needed to maintain compliance, the truck dump must be taken out ofservice until these systems can be returned to service. 4. Maintain the Unit 1Truck Dump Logbook. 5. Daily inspections during operation are required to confirm operation ofthe systems. Record the date and time ofany maintenance activities. 6. Daily assessment ofany visible emissions from the building during unloading. Record the date and time ofany corrective actions. 7. Log the amount ofcoal 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- Ifthe fog system is needed to maintain compliance with the 10 percent opacity limitation, callout and overtime maintenance are required. Ifcompliance 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 ofour certified Method 9 visual emissions personnel. Presently, Steve Cornell and Dave Doll are certified in Method 9. Building Doors

- Ifthe 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 ofour certified Method 9 visual emissions personnel. 

## •In the event a malfunction occurs ofthe 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 ofdry 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 offog nozzle

ling to enter aPriority Coal hand 3 Work (repairs to Request immediately

be completed within 2 weeks)

No



## Continue to Operate Unit 1 Truck Dump No



### Take Unit 1 TruckDump out ofservice until repairs



## .. are completed. Operations to determine whether to elevate the priority level in

consideration ofwhether 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 mustbe completed everyday 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 ofthe 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*



## ..*Ifthe system is not fully operational describe what is not operational and any measures taken. **Ifany 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 ofCoal Processed

___tons, water used

___Gallons The fugitive dust plan was implemented as required.