AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Permittee:

Name:

Montana-Dakota Utilities, Co.

North Western Public Service Company

Northern Municipal Power Agency

(Minnkota Power Cooperative, Inc.)

Otter Tail Power Company

Address:

Otter Tail Power Company

215 South Cascade Street

P.O. Box 496

Fergus Falls, MN 56538-0496

Permit Number:

T5-F84011

Source Name:

Coyote Station

Source Location:

Sec. 10, S1⁄2 of S1⁄2 of Sec. 3 and W1⁄2 of Sec. 11, T143N, 

R88W

Mercer County

Source Type:

Power Plant (Coal)

Expiration Date:

September 17, 2018

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

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

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

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

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

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

citizens under the Clean Air Act unless otherwise noted.

Renewal No. 3 (Sig. Mod): 8/15/13 

Revision No. 1 (Admin.): 9/13/13 Terry L. O’Clair, P.E.

Revision No. 2 (Admin.): 10/2/13 Director

Division of Air Quality
Page 2 of 33

PTO No. T5-F84011

Coyote Station

Title V Permit to Operate

Table of Contents

Condition Page No.

Permit Shield 3

1. Emission Unit(s) Identification 3 

2. Continuous Emission Monitoring System (CEMS) 4 

3. Special Conditions 4 

4. Standards 4

5. Emission Unit(s) Limits 5 

6. Opacity Limits 7 

7. Monitoring Requirements and Conditions 8 

8. Recordkeeping Requirements 12 

9. Reporting 14

10. Facility Wide Operating Conditions 15

11. General Conditions 22

12. State Enforceable Only Conditions (not Federally 28

enforceable)

13. Phase II Acid Rain Provisions 28

Attachment A - Compliance Assurance Monitoring (CAM) Plan

Attachment B - Permit to Construct No. PTC10008
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PTO No. T5-F84011

Permit Shield

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

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

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

 The Department, in acting on the permit application or revision, 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.(1)

1. Emission Unit(s) Identification:

The emission units regulated by this permit are as follows:

A. Point Sources:

Emission Unit Description

Emission

Unit (EU)

Emission

Point (EP)

Air Pollution

Control Equipment

Unit 1 boiler lignite-fired cyclone with a 

nominal rated heat input capacity of 5,800 x 

106 Btu/hr

1 1 Fabric Filter

and

Spray Dryer Scrubber

Auxiliary boiler No. 2 fuel oil-fired with a 

nominal rated heat input capacity of 202 x 106

Btu/hr

2 2 None

Facility 1,440 hp diesel engine-driven 

emergency generator (1977)

4* 4 None

Fire pump 225 hp emergency diesel engine 

(1977)

5 5 None

Scrubber 1,375 hp Kohler Model 900ROZD 

diesel engine-driven emergency generator 

(1991)

6* 6 None

Transfer house M2 M2 Baghouse

Northside distribution building M3 M3 Baghouse

Southside distribution building M4 M4 Baghouse

Lime storage silo M5 M5 Baghouse

Recycle fly ash silo M6 M6 Baghouse

Fly ash silo M7 M7 Baghouse

Lime unloading bin vent filter M9 M9 Baghouse

No. 2 fuel oil tank (1,000,000 gallons) T1** T1 None

No. 2 fuel oil tank (998,088 gallons) T2** T2 None
Page 4 of 33

PTO No. T5-F84011

* The potential-to-emit for an emergency generator engine is based on operating no more than 500 

hours per year (EPA memo, September 6, 1995).

** Insignificant or fugitive emission sources (no specific emission limit).

B. Fugitive Emissions Sources:

1) Inactive coal storage pile

2) 161,000 gpm cooling tower

2. Continuous Emission Monitoring System (CEMS): Emissions from EU 1 (EP 1) are monitored by 

CEMS for the following pollutants/parameters: Opacity, SO2, NOx, CO2 and flow.

3. Special Conditions:

A. Fuel Restrictions: 

1) EU 1 shall be operated using lignite coal as the primary fuel and subbituminous coal and 

petroleum coke as supplemental fuels. During startup and unstable firing conditions in a 

cyclone boiler, No. 2 fuel oil may be utilized.

2) EU 2 shall be operated using only No. 2 fuel oil.

3) The permittee shall purchase or otherwise obtain only distillate oil containing no more than 

0.0015 percent sulfur by weight for the operation of the engines (EU 4, 5 and 6).

4) Used oil may be burned in EU 1 as outlined in Condition 12.B.

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.

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

4. Standards: The permittee shall comply with all applicable requirements of the following subparts.

A. NDAC 33-15-12-02 (40 CFR 60), Subpart D – Standards of Performance for Fossil-Fuel-Fired 

Steam Generators for Which Construction Is Commenced After August 17, 1971 (applicable to the 

Unit 1 boiler, EU 1).

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

B. NDAC 33-15-12-02 (40 CFR 60), Subpart Y – Standards of Performance for Coal Preparation 

Plants (applicable to EU M2, M3 and M4).

Applicable Requirement: NDAC 33-15-12, Subpart Y
Page 5 of 33

PTO No. T5-F84011

C. NDAC 33-15-22-03 (40 CFR 63), Subpart ZZZZ – National Emission Standards for Hazardous 

Air Pollutants for Stationary Reciprocating Internal Combustion Engines. For this subpart, EPA 

Region 8, not the North Dakota Department of Health, is the implementing and enforcement 

authority. Please send all documentation to EPA at the address below (applicable to EU 4, 5 and 

6).

U.S. EPA Region 8

1595 Wynkoop Street

Mail Code 8ENF-AT

Denver, CO 80202-1129

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

D. NDAC 33-15-22-03 (40 CFR 63), Subpart UUUUU – National Emission Standards for Hazardous 

Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units. Until the North 

Dakota Department of Health (NDDoH) is delegated the implementing and enforcement authority 

for this subpart, please send all required documentation to both NDDH at the address in Condition

11.E and EPA at the address in Condition 4.C above (applicable to EU 1).

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

E. NDAC 33-15-22-03 (40 CFR 63), Subpart DDDDD – National Emission Standards for Hazardous 

Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process 

Heaters. Until the North Dakota Department of Health (NDDH) is delegated the implementing 

and enforcement authority for this subpart, please send all required documentation to both 

NDDoH at the address in Condition 11.E and EPA at the address in Condition 4.C above 

(applicable to EU 2).

Applicable Requirement: NDAC 33-15-22-03 (40 CFR 63), Subpart DDDDD

F. In order to maintain limited-use boiler classification as defined by 40 CFR 63 Subpart DDDDD, 

EU 2 shall combust no more than 1,263,943 gallons of No. 2 fuel oil per calendar year, which 

corresponds to an average annual capacity factor of 10 percent. Periodic tune-ups shall be 

completed as specified in 40 CFR 63.7540. These requirements shall become effective at the 

time EU 2 must comply with 40 CFR 63 Subpart DDDDD.

Applicable Requirement: PTC 13032 and NDAC 33-15-22-03, Subpart DDDDD

5. Emission Unit(s) Limits:

Emission Unit Description EU EP

Pollutant/

Parameter Emission Limit

NDAC Applicable

Requirement

Unit 1 boiler 1 1 PM 0.10 lb/106 Btud

& 445 lb/hra

33-15-12, Subpart D 

& Permit to Construct 

(PTC) 8/9/77
Page 6 of 33

PTO No. T5-F84011

Emission Unit Description EU EP

Pollutant/

Parameter Emission Limit

NDAC Applicable

Requirement

SO2

NOx

Opacity

1.2 lb/106 Btub

& 5,335 lb/hre

3,910 lb/hrc

See Condition 

(Cond.) 5.A

See Cond. 6.A & 6.B

33-15-12, Subpart D 

& PTC 8/9/77

PTC 8/9/77

33-15-12, Subparts A 

& D & 33-15-03-02

Auxiliary boiler 2 2 PM

SO2

NOx

Opacity

2.9 lb/hra & 

0.40 lb/106 Btua

3.0 lb/106 Btue

& 102.6 lb/hre

31.8 lb/hra

See Cond. 6.A

PTC 8/9/77 &

33-15-05

PTC 8/9/77 &

33-15-06

PTC 8/9/77

33-15-03-02

Facility emergency 

generator engine

4 4 PM

SO2

NOx

Opacity

2.6 lb/hra

1.7 lb/hra

35.6 lb/hra

See Cond. 6.A

PTC 8/9/77

PTC 8/9/77

PTC 8/9/77

33-15-03-02

Fire pump emergency

engine

5 5 PM

SO2

NOx

Opacity

1.0 lb/hra

0.94 lb/hra

14.1 lb/hra

See Cond. 6.A

PTC 8/9/77

PTC 8/9/77

PTC 8/9/77

33-15-03-02

Scrubber emergency 

generator engine

6 6 NOx

SO2

CO

Opacity

33.9 lb/hra

4.3 lb/hra

8.8 lb/hra

See Cond. 6.A

PTC 12/7/92

PTC 12/7/92

PTC 12/7/92

33-15-03-02

Transfer house M2 M2 PM 1.42 lb/hraPTC 8/9/77
Page 7 of 33

PTO No. T5-F84011

Emission Unit Description EU EP

Pollutant/

Parameter Emission Limit

NDAC Applicable

Requirement

Opacity See Cond. 6.A & 6.C 33-15-12, Subparts A 

& Y & 33-15-03-02

Northside distribution 

building

M3 M3 PM

Opacity

5.66 lb/hra

See Cond. 6.A & 6.C

PTC 8/9/77

33-15-12, Subparts A 

& Y & 33-15-03-02

Southside distribution 

building

M4 M4 PM

Opacity

4.87 lb/hra

See Cond. 6.A & 6.C

PTC 8/9/77

33-15-12, Subparts A 

& Y & 33-15-03-02

Lime storage silo M5 M5 PM

Opacity

33.52 lb/hra

See Cond. 6.A

33-15-05-01

33-15-03-02

Recycle fly ash silo M6 M6 PM

Opacity

50.82 lb/hra

See Cond. 6.A

33-15-05-01

33-15-03-02

Fly ash silo M7 M7 PM

Opacity

33.31 lb/hra

See Cond. 6.A

33-15-05-1

33-15-03-02

Lime unloading bin vent 

filter

M9 M9 PM

Opacity

5.7 lb/hra

See Cond. 6.A

33-15-05-01

33-15-03-02

a

(1-hour average)

b

(3-hour rolling average). This standard does not apply during startup, shutdown and malfunction.

c

(12-month rolling average)

d

(1-hour average). This standard does not apply during startup, shutdown and malfunction.

e

(3-hour rolling average)

A. Permit to Construct No. PTC 10008 establishes a main boiler (EU 1) NOx emission limit of 0.50 

lb/106 Btu of heat input and includes associated monitoring, recordkeeping and reporting 

conditions. Compliance is required no later than July 1, 2018. PTC10008 is at Attachment B 

and its conditions will be incorporated into the body of this permit near the date of compliance.

Applicable Requirement: PTC 10008

6. Opacity Limits: The following are applicable requirements referred to for the various emission units 

listed in Condition 5.

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

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

standard applies at all times.
Page 8 of 33

PTO No. T5-F84011

B. EU 1 - In addition to the opacity limit specified in Condition 6.A, twenty percent (six-minute 

average), except that a maximum of 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.

C. EU M2, M3, and M4 - In addition to the opacity limit specified in Condition 6.A, twenty percent 

opacity (six-minute average) or greater shall not be discharged into the atmosphere. This 

standard does not apply during startup, shutdown and malfunction.

Applicable Requirements: NDAC 33-15-12, Subparts A, D and Y, and NDAC 33-15-03-02

7. Monitoring Requirements and Conditions:

A. Requirements

Emission Unit

Description EU

Pollutant/

Parameter

Monitoring 

Requirement

(Method)

Condition

Number

NDAC Applicable

Requirement

Unit 1 boiler 1 PM

SO2

NOx

Opacity

CO2

Flow

Compliance 

Assurance 

Monitoring 

(CAM) & 

Emissions Test

Continuous 

Emission 

Monitoring 

System (CEMS)

CEMS

Operations & 

Maintenance 

(O&M)/COMS

CEMS

Flow Monitor

7.B.10 & 

7.B.8

7.B.1, 7.B.3 

& 7.B.4

7.B.1, 7.B.3 

&

7.B.4

7.B.7/

7.B.1, 7.B.2, 

7.B.3 & 

7.B.4

7.B.1, 7.B.3 

& 7.B.4

7.B.1, 7.B.3 

& 7.B.4

33-15-14-06.10, 

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

33-15-12, Subpart D &

33-15-21

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

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

33-15-21

33-15-12, Subpart D & 

33-15-21

33-15-21

Auxiliary boiler 2 PM Recordkeeping 7.B.5 33-15-14-06.5.a.(3)(a)
Page 9 of 33

PTO No. T5-F84011

Emission Unit

Description EU

Pollutant/

Parameter

Monitoring 

Requirement

(Method)

Condition

Number

NDAC Applicable

Requirement

SO2

NOx

Opacity

Hours of 

Operation &

Gallons of 

No. 2 Fuel 

Oil 

Combusted

Recordkeeping

Emissions Test

Recordkeeping

Recordkeeping

7.B.5

7.B.6

7.B.5

7.B.9

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

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

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

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

Facility emergency 

generator engine

4 PM

SO2 

NOx

Opacity

Hours of 

Operation

Recordkeeping

Recordkeeping

Emissions Test

Recordkeeping

Recordkeeping

7.B.5

7.B.5

7.B.6

7.B.5

7.B.9

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

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

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

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

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

Fire pump emergency

engine 

5 PM

SO2

NOx

Opacity

Hours of 

Operation

Recordkeeping

Recordkeeping

Emissions Test

Recordkeeping

Recordkeeping

7.B.5

7.B.5

7.B.6

7.B.5

7.B.9

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

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

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

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

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

Scrubber emergency 

generator engine

6 NOx

SO2

CO

Opacity

Hours of 

Operation

Emissions Test

Recordkeeping

Emissions Test

Recordkeeping

Recordkeeping

7.B.6

7.B.5

7.B.6

7.B.5

7.B.9

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

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

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

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

33-15-14-06.5.a.(3)(a)
Page 10 of 33

PTO No. T5-F84011

Emission Unit

Description EU

Pollutant/

Parameter

Monitoring 

Requirement

(Method)

Condition

Number

NDAC Applicable

Requirement

Transfer house M2 PM/Opacity CAM 7.B.10 33-15-14-06.10

Northside distribution 

building

M3 PM/Opacity CAM 7.B.10 33-15-14-06.10

Southside distribution 

building

M4 PM/Opacity CAM 7.B.10 33-15-14-06.10

Lime storage silo M5 PM/Opacity CAM 7.B.10 33-15-14-06.10

Recycle fly ash silo M6 PM/Opacity CAM 7.B.10 33-15-14-06.10

Fly ash silo M7 PM/Opacity CAM 7.B.10 33-15-14-06.10

Lime unloading bin vent 

filter

M9 PM/Opacity CAM 7.B.10 33-15-14-06.10

B. Monitoring Conditions

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

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

Pollution Control Rules. Emissions are calculated using 40 CFR 75, Appendix F and 40 

CFR 60, Appendix A.

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

Requirements.

b) 40 CFR 60, Subpart A, Section 60.13, Monitoring Requirements.

c) 40 CFR 60, Subpart D, Section 60.45, Emission and Fuel Monitoring.

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

Requirements.

2) Within one year of issuance of this permit, the permittee shall conduct a performance 

evaluation of the opacity continuous emission monitoring system. For the performance 

evaluation, conformance with the specification for calibration error, Section 13.3 Field 

Audit Performance Specifications, paragraph (2) Calibration Error of 40 CFR 60, 

Appendix B, Performance Specification 1 must be demonstrated. The procedures of 

Section 8.1, paragraph (3)(ii) Calibration Check of 40 CFR 60, Appendix B, Performance 

Specification 1 shall be used to determine conformance with the specification for 

calibration error.

A second performance evaluation shall take place no sooner than two years or later than 

three years from the date of the first performance evaluation.

3) The Department may require additional performance audits of the CEMS.
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PTO No. T5-F84011

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

acceptable to the Department, for measuring or estimating emissions must be undertaken 

as soon as possible. The provisions outlined in 40 CFR 75, Subpart D for data substitution 

are considered an acceptable method. Timely repair of the emission monitoring system 

must be made.

5) For purposes of compliance monitoring, for EU 2, 4, 5 and 6, burning of fuels as outlined in 

Conditions 3.A.2 and 3.A.3 shall be considered credible evidence of compliance with any 

applicable opacity, particulate and SO2 emission limit. However, results from tests 

conducted in accordance with the test methods in 40 CFR 50, 51, 60, 61, or 75 will take 

precedence over burning fuels as outlined in Conditions 3.A.2 and 3.A.3 for evidence of 

compliance or noncompliance with any applicable opacity, particulate, SO2, and CO 

emission limit, in the event of enforcement action.

6) To provide a reasonable assurance of compliance, an emissions test for EU 4, 5 or 6 shall 

be conducted to measure NOx and CO emissions, as applicable, when the emissions unit 

has operated more than 500 hours in a calendar year. For EU 2, an emissions test shall be 

conducted to measure NOx emissions when the emissions unit has operated more than 500 

hours in a calendar year and has combusted more than 720,000 gallons of No. 2 fuel oil in 

a calendar year. The test shall be conducted using, at a minimum, a portable analyzer with 

quality assurance procedures equivalent to Conditional Test Methods 22 and/or 30 as 

outlined in EPA’s Emission Measurement Center or the Department’s Standard Operating 

Procedures, Use of Portable Analyzer for Title V Semi-Annual Testing. A test shall 

consist of three runs, with each run at least 20 minutes in length.

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

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

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

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

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

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

the Department with a copy when requested.

8) Any time within one year of permit expiration, the permittee shall conduct an emissions 

test to measure particulate emissions, using EPA Test Methods in 40 CFR 60, Appendix A. 

A test shall consist of three runs, with each run at least one hour in length. Other test 

methods may be used provided they are approved, in advance, by the Department.

9) A log shall be kept of the hours of operation. For EU 2, a record of gallons of No. 2 fuel 

oil combusted shall also be kept.

10) EU 1, M2, M3, M4, M5, M6, M7 and M9 are subject to Compliance Assurance Monitoring 

(CAM) requirements with respect to particulate matter. The CAM plan is in Attachment 

A of this permit. The permittee shall conduct the monitoring, recordkeeping and reporting 

as required by the applicable subparts of 40 CFR 64. 
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PTO No. T5-F84011

8. Recordkeeping Requirements:

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

Table 1 (Monitoring Records), that include the following information. 

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

2) The date(s) testing was performed.

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

4) The testing techniques or methods used.

5) The results of such testing.

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

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

B. In addition to requirements outlined in Condition 8.A, recordkeeping for EU 1 (Unit 1 main stack) 

shall be in accordance with the following applicable requirements of Chapter 33-15-06, Chapter 

33-15-12 and Chapter 33-15-21 of the North Dakota Air Pollution Control Rules:

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

Recordkeeping Requirements.

2) 40 CFR 60, Subpart A, Section 60.7, Notification and Recordkeeping.

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

Requirements.

Table 1

Monitoring Records

Emission Unit Description EU

Pollutant/

Parameter

Compliance

Monitoring Record

Unit 1 boiler 1 PM

SO2

NOx

Opacity

CO2

CAM Data &

Emissions Test Data

CEMS Data

CEMS Data

COMS Data & O&M Data

CEMS Data
Page 13 of 33

PTO No. T5-F84011

Emission Unit Description EU

Pollutant/

Parameter

Compliance

Monitoring Record

Flow Flow Monitor Data

Auxiliary boiler 2 PM

SO2

NOx

Opacity

Hours of Operation 

& Gallons of Fuel

Type of Fuel Usage

Type of Fuel Usage

Emissions Test Data

Type of Fuel Usage

Hours of Operation & Gallons of 

Fuel Data

Facility emergency 

generator engine

4 PM

SO2

NOx

Opacity

Hours of Operation

Type of Fuel Usage

Type of Fuel Usage

Emissions Test Data

Type of Fuel Usage

Hours of Operation Data

Fire pump emergency

engine

5 PM

SO2

NOx

Opacity

Hours of Operation

Type of Fuel Usage

Type of Fuel Usage

Emissions Test Data

Type of Fuel Usage

Hours of Operation Data

Scrubber emergency 

generator engine

6 NOx

SO2

CO

Opacity

Hours of Operation

Emissions Test Data

Type of Fuel Usage

Emissions Test Data

Type of Fuel Usage

Hours of Operation Data

Transfer house M2 PM/Opacity CAM Data 

Northside distribution 

building

M3 PM/Opacity CAM Data
Page 14 of 33

PTO No. T5-F84011

Emission Unit Description EU

Pollutant/

Parameter

Compliance

Monitoring Record

Southside distribution 

building

M4 PM/Opacity CAM Data 

Lime storage silo M5 PM/Opacity CAM Data 

Recycle fly ash silo M6 PM/Opacity CAM Data 

Fly ash silo M7 PM/Opacity CAM Data 

Lime unloading bin vent 

filter

M9 PM/Opacity CAM Data 

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

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

application. Support information includes all maintenance records and all original strip-chart 

recordings/computer printouts for continuous monitoring instrumentation, and copies of all reports 

required by the permit. 

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

D. Recordkeeping for EU 1, M2, M3, M4, M5, M6, M7 and M9 shall be in accordance with 40 CFR 

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

Recordkeeping Requirements.

Applicable Requirement: NDAC 33-15-14-05.10 (40 CFR 64)

9. Reporting:

A. Reporting for EU 1, M2, M3, M4, M5, M6, M7 and M9 shall be in accordance with NDAC 

33-15-14-06.10 (40 CFR 64, Section 64.9) - Reporting and Recordkeeping Requirements, 

Paragraph (a) General Reporting Requirements.

Applicable Requirement: NDAC 33-15-14-06.10 (40 CFR 64)

B. For EU 1, reporting shall be in accordance with the following applicable requirements of Chapter 

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

Rules.

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

Recordkeeping Requirements.

2) 40 CFR 60, Subpart A, Section 60.7, Notification and Recordkeeping. (Note: This 

condition also applies to EU M2, M3 and M4.)

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

Recordkeeping Requirements.
Page 15 of 33

PTO No. T5-F84011

4) Quarterly excess emissions reports for EU 1 shall be submitted by the 30th day following 

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

the emission limits for EU 1 as outlined in Condition 5. Excess emissions shall be 

reported for the following:

Parameter Reporting Period

SO2 lb/106 Btu 3-hour rolling average

SO2 lb/hr 3-hour rolling average

NOx lb/hr 12-month rolling average

Opacity % 6-minute average

C. For emission units where the method of compliance monitoring is demonstrated by either an EPA 

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

60 days after completion of the test.

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

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

under Condition 8 on forms supplied or approved by the Department. All instances of deviations 

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

days after June 30 and December 31 of each year. 

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

E. 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.

Applicable Requirement: NDAC 33-15-14-06.5.c(5)

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

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

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

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

10. Facility Wide Operating Conditions:

A. Ambient Air Quality Standards:

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

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

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 air any 

radioactive substances exceeding the concentrations specified in NDAC 33-10.
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3) Other air contaminants. The permittee shall not emit any other air contaminants in 

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

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

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

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

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

Applicable Requirement: NDAC 33-15-02-04

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

requirements in NDAC 33-15-17.

Applicable Requirement: NDAC 33-15-17

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

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

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

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

Applicable Requirement: NDAC 33-15-04

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

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

Applicable Requirement: NDAC 33-15-13-02

E. 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

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

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

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

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

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

Such prior notice shall include the following:

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

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

service.

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

during the shutdown period.

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

minimize the length of the shutdown period.

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

operation during the maintenance period.

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

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

article or a permit issued pursuant to this article.

Applicable Requirement: NDAC 33-15-01-13.1

2) Malfunctions. 

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

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

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

installation shall notify the Department of such malfunction as soon as possible 

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

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

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

corrected.

b) 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.

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

excess emissions resulted from an unavoidable malfunction shall submit a written 

report to the Department which includes evidence that:

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

technology that was beyond the reasonable control of the owner or operator.
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[2] The excess emissions could not have been avoided by better operation and 

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

foreseen and avoided, or planned for.

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

pollution control equipment and process equipment in a manner consistent 

with good practice for minimizing emissions, including minimizing any 

bypass emissions.

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

labor and overtime as needed and possible.

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

excess emissions on ambient air quality.

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

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

malfunctioning equipment.

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

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

request by the department, whichever is sooner.

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

sufficient information to demonstrate that an unavoidable equipment 

malfunction occurred. The Department may elect not to pursue 

enforcement action after considering whether excess emissions resulted 

from an unavoidable equipment malfunction. The Department will 

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

or operator to determine whether to pursue enforcement action.

Applicable Requirement: NDAC 33-15-01-13.2

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

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

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

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

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

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

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

Applicable Requirement: NDAC 33-15-01-13.3

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

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

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

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

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

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

permit; and

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

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

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

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

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

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

emergency has the burden of proof.

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

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

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

based air quality standard.

b) An “emergency” means any situation arising from sudden and reasonably 

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

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

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

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

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

designed equipment, lack of preventative maintenance, careless or improper 

operation, or operator error.

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

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

applicable requirements of NDAC 33-15-08-01 – Internal Combustion Engine Emissions 

Restricted.

Applicable Requirement: NDAC 33-15-08-01

I. Prohibition of Air Pollution:

1) The permittee shall not permit or cause air pollution, as defined in NDAC 33-15-01-04.
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2) Nothing in any other part of this permit or any other regulation relating to air pollution shall 

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

pollution.

Applicable Requirement: NDAC 33-15-01-15

J. Performance Tests: 

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

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

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

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

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

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

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

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

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

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

ducts and such other safe and proper sampling and testing facilities, exclusive of 

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

emission of air contaminants.

Applicable Requirement: NDAC 33-15-01-12

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

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

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

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

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

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

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

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

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

notification, the test results may be rejected. 

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

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

(40 CFR 63.7)

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

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

Applicable Requirements: NDAC 33-15-10-01 and NDAC 33-15-10-02
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L. Air Pollution Emergency Episodes: When an air pollution emergency episode is declared by 

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

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

M. 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 certification program pursuant to Section 82.161.

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

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

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

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

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

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

process.

Applicable Requirement: 40 CFR 68

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

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

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

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

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

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

when requested.

Applicable Requirement: NDAC 33-15-14-06.5.b(1)
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P. Prevention of Significant Deterioration of Air Quality (40 CFR 52.21 as incorporated by 

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

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

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

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

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

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

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

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

Applicable Requirement: NDAC 33-15-15-01.2

11. General Conditions:

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

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

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

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

following the date of such notice. Any source that qualifies as a “small business” may petition the 

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

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

to revoke the permit. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

permit. A change in ownership or operational control of a source is treated as an administrative 
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PTO No. T5-F84011

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

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

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

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

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

privilege. 

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

E. Submissions: 

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

submitted to:

North Dakota Department of Health

Division of Air Quality

918 E Divide 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

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

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

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

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

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

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

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

and to inspect monitoring equipment located on the premises. 

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

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

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

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

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

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

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

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

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

order to maintain compliance with the conditions of this permit. 

Applicable Requirements: NDAC 33-15-14-06.5.a(6)(a) and NDAC 33-15-14-06.5.a(6)(b)
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H. Duty to Provide Information: The permittee shall furnish to the Department, within a 

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

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

compliance with the permit. Upon request, the permittee shall also furnish to the Department 

copies of records that the permittee is required to keep by this permit, or for information claimed to 

be confidential, the permittee may furnish such recourse directly to the Department along with a 

claim of confidentiality. The permittee, upon becoming aware that any relevant facts were omitted 

or incorrect information was submitted in the permit application, shall promptly submit such 

supplementary facts or corrected information. The permittee shall also provide additional 

information as necessary to address any requirements that become applicable to the source 

after the date a complete renewal application was submitted but prior to release of a draft permit. 

Applicable Requirements: NDAC 33-15-14-06.5.a(6)(e) and NDAC 33-15-14-06.4.b

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

remedy deficiencies in the following circumstances:

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

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

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

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

than the expiration date of this permit. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

does not stay any permit condition. 

Applicable Requirement: NDAC 33-15-14-06.5.a(6)(c)
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K. Off-Permit Changes: A permit revision is not required for changes that are not addressed or 

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

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

2) Each change must comply with all applicable requirements.

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

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

Federal Clean Air Act.

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

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

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

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

that qualify as insignificant activities in Section 33-15-14-06. This notice shall describe 

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

applicable requirement that would apply as a result.

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

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

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

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

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

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

1) Corrects typographical errors.

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

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

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

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

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

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

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

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

review was substantially equivalent to Title V requirements for permit issuance, renewal, 

reopenings, revisions and permit review by the United States Environmental Protection 

Agency and affected state review, that would be applicable to the change if it were subject 

to review as a permit modification and compliance requirements substantially equivalent to 

Title V requirements for permit content were contained in the Permit to Construct.
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6) Incorporates any other type of change which the Administrator of the United States 

Environmental Protection Agency has approved as being an administrative permit 

amendment as part of the Department’s approved Title V operating permit program.

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

M. Minor Permit Modification: This permit may be revised by a minor permit modification, if the 

proposed permit modification meets the following requirements:

1) Does not violate any applicable requirement.

2) Does not involve significant changes to existing monitoring, reporting, or recordkeeping 

requirements in this permit.

3) Does not require or change a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis.

4) Does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed to avoid 

an applicable requirement to which the source would otherwise be subject. Such terms 

and conditions include a federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the Federal Clean Air Act; 

and alternative emissions limit approved pursuant to regulations promulgated under 

Section 112(i)(5) of the Federal Clean Air Act.

5) Are not modifications under NDAC 33-15-12, 33-15-13, and 33-15-15 or any provision of 

Title I of the Federal Clean Air Act.

6) Are not required to be processed as a significant modification.

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

N. Significant Modifications:

1) Significant modification procedures shall be used for applications requesting permit 

modifications that do not qualify as minor permit modifications or as administrative 

amendments. Every significant change in existing monitoring permit terms or conditions 

and every relaxation of reporting or recordkeeping permit terms or conditions shall be 

considered significant. Nothing therein shall be construed to preclude the permittee from 

making changes consistent with this subsection that would render existing permit 

compliance terms and conditions irrelevant.

2) Significant permit modifications shall meet all Title V requirements, including those for 

applications, public participation, review by affected states, and review by the United 

States Environmental Protection Agency, as they apply to permit issuance and permit 

renewal. The Department shall complete review of significant permit modifications 

within nine months after receipt of a complete application.
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Applicable Requirement: NDAC 33-15-14-06.6.e(3)

O. Operational Flexibility: The permittee is allowed to make a limited class of changes within the 

permitted facility that contravene the specific terms of this permit without applying for a permit 

revision, provided the changes do not exceed the emissions allowable under this permit, are not 

Title I modifications and a Permit to Construct is not required. This class of changes does not 

include changes that would violate applicable requirements; or changes to federally-enforceable 

permit terms or conditions that are monitoring, recordkeeping, reporting, or compliance 

certification requirements. 

The permittee is required to send a notice to both the Department and Air Program (8P-AR), 

Office of Partnerships & Regulatory Assistance, US EPA Region 8, 1595 Wynkoop Street, 

Denver, CO 80202-1129, at least seven days in advance of any change made under this provision. 

The notice must describe the change, when it will occur and any change in emissions, and identify 

any permit terms or conditions made inapplicable as a result of the change. The permittee shall 

attach each notice to its copy of this permit. Any permit shield provided in this permit does not 

apply to changes made under this provision. 

Applicable Requirement: NDAC 33-15-14-06.6.b(2)

P. Relationship to Other Requirements: Nothing in this permit shall alter or affect the following:

1) The provisions of Section 303 of the Federal Clean Air Act (emergency orders), including 

the authority of the administrator of the United States Environmental Protection Agency 

under that section.

2) The liability of an owner or operator of a source for any violation of applicable 

requirements prior to or at the time of permit issuance.

3) The ability of the United States Environmental Protection Agency to obtain information 

from a source pursuant to Section 114 of the Federal Clean Air Act.

4) Nothing in this permit shall relieve the permittee of the requirement to obtain a Permit to 

Construct.

Applicable Requirements: NDAC 33-15-14-06.3 and NDAC 33-15-14-06.5.f(3)(a), (b) 

and (d)

Q. Severability Clause: The provisions of this permit are severable, and if any provision of this 

permit, or the application of any provision of this permit to any circumstance, is held invalid, the 

application of such provision to other circumstances, and the remainder of this permit, shall not be 

affected thereby. 

Applicable Requirement: NDAC 33-15-14-06.5.a(5)
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R. Circumvention: The permittee shall not cause or permit the installation or use of any device of

any means which conceals or dilutes an emission of air contaminants which would otherwise 

violate this permit.

Applicable Requirement: NDAC 33-15-01-08

12. State Enforceable Only Conditions (not Federally enforceable):

A. General Odor Restriction: The permittee shall not discharge into the ambient air any 

objectionable odorous air contaminant which exceeds the limits established in NDAC 33-15-16.

Applicable Requirement: NDAC 33-15-16-02

B. Used Oil Combustion: Burning of used oil in EU 1 is allowed subject to the following:

1) The burning of used oil shall comply with NDAC Sections 33-24-05-600 through 

33-24-05-689 - Standards for the Management of Used Oil - and other applicable rules, 

regulations, and ordinances.

2) 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 Otter Tail Power Company, its 

associated electric system, or its associated mining facilities.

3) Debris contaminated with mineral oil dielectric fluid which contains less than 50 ppm PCB 

may be burned during periods of stable load.

4) The annual emission inventory reports required by Condition 9.F shall include the amount 

of used oil burned.

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

13. Phase II Acid Rain Provisions: 

Affected Source Unit: 

Coyote Station

Oris Plant Code: 8222

Boiler ID: B1

This section incorporates the definition of terms in NDAC Chapter 33-15-21 by reference effective 

January 1, 2013. 

A. Permit Requirements

1) The designated representative of each affected source and each affected unit at the source 

shall:
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a) Submit a complete Acid Rain permit application (including a compliance plan) 

under 40 CFR 72 in accordance with the deadlines specified in NDAC 

33-15-14-06.4 and 40 CFR 72.30, including application for permit renewal; and

b) Submit in a timely manner any supplemental information that the North Dakota 

Department of Health, Division of Air Quality determines is necessary in order to 

review an Acid Rain permit application and issue or deny an Acid Rain permit.

2) The owners and operators of each affected source and each affected unit at the source shall:

a) Operate the unit in compliance with a complete Acid Rain permit application 

including any application for permit renewal or a superseding Acid Rain permit 

issued by the North Dakota Department of Health, Division of Air Quality and

b) Have an Acid Rain permit.

Applicable Requirement: NDAC 33-15-21-08.1

B. Monitoring Requirements

1) The owners and operators and, to the extent applicable, designated representative of each 

affected source and each affected unit at the source shall comply with the monitoring 

requirements as provided in 40 CFR 75 and 76.

2) The emissions measurements recorded and reported in accordance with 40 CFR 75 shall be 

used to determine compliance by the unit with the Acid Rain emissions limitations and 

emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid 

Rain Program.

3) The requirements of 40 CFR 75 shall not affect the responsibility of the owners and 

operators to monitor emissions of other pollutants or other emissions characteristics at the 

unit under other applicable requirements of the Federal Clean Air Act and other provisions 

of the operating permit for the source.

Applicable Requirement: NDAC 33-15-21-08.1 and 33-15-21-09

C. Sulfur Dioxide Requirements

1) The owners and operators of each source and each affected unit at the source shall:

a) Hold allowances, as of the allowance transfer deadline, in the units compliance 

subaccount (after deductions under 40 CFR 73.34(c)) not less than the total annual 

emissions of sulfur dioxide for the previous calendar year from the unit; and

b) Comply with the applicable Acid Rain emissions limitations for sulfur dioxide.

2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for 

sulfur dioxide shall constitute a separate violation of the Federal Clean Air Act.
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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 13.c.(1)(a) of this permit prior to the calendar year for which the allowance was 

allocated.

5) An allowance allocated by the Administrator under the Acid Rain Program is a limited 

authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No 

provision of the Acid Rain Program, the Acid Rain permit application, this permit, or the 

written exemption under 40 CFR 72.7 and 72.8 and no provision of law shall be construed 

to limit the authority of the United States to terminate or limit such authorization.

6) An allowance allocated by the Administrator under the Acid Rain Program does not 

constitute a property right.

Applicable Requirement: NDAC 33-15-21-08.1 and 33-15-21-09

D. Nitrogen Oxides Requirements

NOx Emission Limitation: The owner or operator shall not discharge, or allow to be discharged, 

from Boiler ID B1 emissions of NOx to the atmosphere in excess of 0.86 lb/106 Btu of heat input 

on an annual average basis. The owner/operator shall also comply with the duty under 40 CFR 

76.9(d) to reapply for an NOx compliance plan prior to expiration of this permit and requirements 

under 40 CFR 76.13 for calculating excess NOx emissions.

Applicable Requirements: 40 CFR 76.6(a)(2), 40 CFR 76.9(d), 40 CFR 76.13, NDAC 

33-15-21-08.1, 33-15-21-09 and 33-15-21-10

E. Excess Emissions Requirements

1) The designated representative of an affected unit that has excess emissions of SO2 in any 

calendar year shall submit a proposed offset plan, to the Administrator as required under 40 

CFR 77, with a copy to the North Dakota Department of Health, Division of Air Quality.

2) The owners and operators of an affected unit that has excess emissions of NOx or SO2 in 

any calendar year shall:

a) Pay to the Administrator without demand the penalty required, and pay to the 

Administrator upon demand the interest on that penalty, as required by 40 CFR 77; 

and

b) Comply with the terms of an approved offset plan for SO2, as required by 40 CFR 

77.

Applicable Requirement: NDAC 33-15-21-08.1 and 33-15-21-09
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F. Recordkeeping and Reporting Requirements

1) Unless otherwise provided, the owners and operators of the source and each affected unit at 

the source shall keep on-site at the source each of the following documents for a period of 5 

years from the date the document is created. This period may be extended for cause, at 

any time prior to the end of 5 years, in writing by the Administrator of the U.S. EPA or the 

North Dakota Department of Health, Division of Environmental Engineering, Air 

Pollution Control Program:

a) The certificate of representation for the designated representative for the source and 

each affected unit at the source and all documents that demonstrate the truth of the 

statements in the certificate of representation, in accordance with 40 CFR 72.24; 

provided that the certificate and documents shall be retained on-site at the source 

beyond such 5-year period until such documents are superseded because of the 

submission of a new certificate of representation changing the designated 

representative;

b) All emissions monitoring information, in accordance with 40 CFR 75;

c) Copies of all reports, compliance certifications, and other submissions and all 

records made or required under the Acid Rain Program; and,

d) Copies of all documents used to complete an Acid Rain permit application and any 

other submission under the Acid Rain Program or to demonstrate compliance with 

the requirements of the Acid Rain Program.

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 33-15-21-08.1 and 33-15-21-09

G. Liability

1) Any person who knowingly violates any requirement or prohibition of the Acid Rain 

Program, a complete Acid Rain permit application, this Acid Rain Permit, or a written 

exemption under 40 CFR 72.7 or 72.8, including any requirement for the payment of any 

penalty owed to the United States, shall be subject to enforcement pursuant to Section 

113(c) of the Federal Clean Air Act.

2) Any person who knowingly makes a false, material statement in any record, submission, or 

report under the Acid Rain Program shall be subject to criminal enforcement pursuant to 

Section 113(c) of the Federal Clean Air Act and 18 U.S.C. 1001.

3) No permit revision shall excuse any violation of the requirements of the Acid Rain 

Program that occurs prior to the date that the revision takes effect.
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4) Each affected source and each affected unit shall meet the requirements of the Acid Rain 

Program.

5) Any provision of the Acid Rain Program that applies to an affected source (including a 

provision applicable to the designated represented of an affected source) shall also apply to 

the owners and operators of such source and of the affected units at the source.

6) Any provision of the Acid Rain Program that applies to an affected unit (including a 

provision applicable to the designated representative of an affected unit) shall also apply to 

the owners and operators of such unit. Except as provided under 40 CFR 72.44 (Phase II 

repowering extension plan) and 40 CFR 76.11 (NOx averaging plans), and except with 

regard to the requirements applicable to units with a common stack under 40 CFR 75 

(including 40 CFR 75.16, 75.17 and 75.18), the owners and operators and the designated 

representative of one affected unit shall not be liable for any violation by any other affected 

unit of which they are not owners or operators or the designated representative and that is 

located at a source of which they are not owners or operators or the designated 

representative. 

7) Each violation of a provision of NDAC 33-15-21-01 through 33-15-21-10 and 40 CFR 72, 

73, 75, 76, 77 and 78 by an affected source or affected unit, or by an owner or operator or 

designated representative of such source or unit, shall be a separate violation of the Federal 

Clean Air Act.

Applicable Requirement: NDAC 33-15-21-08.1 and 33-15-21-09

H. Effect on Other Authorities 

No provision of the Acid Rain Program, an Acid Rain permit application, this Acid Rain permit 

condition, or a written exemption under 40 CFR 72.7 or 72.8 shall be construed as:

1) Except as expressly provided in Title IV of the Federal Clean Air Act, exempting or 

excluding the owners and operators and, to the extent applicable, the designated 

representative of an affected source or affected unit from compliance with any other 

provision of the Federal Clean Air Act, including the provisions of Title I of the Federal 

Clean Air Act relating to applicable National Ambient Air Quality Standards or State 

Implementation Plans;

2) Limiting the number of allowances a unit can hold; provided, that the number of 

allowances held by the unit shall not affect the source's obligation to comply with any other 

provisions of the 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,
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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 33-15-21-08.1 and 33-15-21-09

I. Permit Shield

Each affected unit operating in accordance with this permit which is issued in compliance with 

Title IV of the Federal Clean Air Act, as provided in 40 CFR 72, 73, 75, 77 and 78, and the 

regulations implementing Section 407 of the Federal Clean Air Act, shall be deemed operating in 

compliance with the Acid Rain Program, except as provided in 40 CFR 72.9(g)(6). The permit 

shield does not take effect until the effective date of the acid rain permit.

Applicable Requirements: NDAC 33-15-21-08.1, 33-15-21-09 and 33-15-21-10

J. Reopening for Cause

In addition to any reasons for reopening for cause previously stated in this permit, the Department 

will reopen and revise this permit as necessary to remede deficiencies in the following 

circumstances: If additional requirements, including excess emissions requirements, become 

applicable to an affected source under Title IV of the Federal Clean Air Act or the regulations 

promulgated there under. Upon approval by the administrator of the United States Environmental 

Protection Agency, excess emissions offset plans shall be deemed to be incorporated into the 

permit.

Applicable Requirements: NDAC 33-15-14-06.6.f (1)(b) and 40 CFR 70.7(f)(1)(ii)
Attachment A

Title V Permit to Operate No. T5-F84011

Compliance Assurance Monitoring (CAM) Plan

for Particulate Matter Control

EU EU Description Air Pollution Control Equipment

1 Unit 1 Fabric Filter (Baghouse)

(EP 1)

M2 Transfer House Baghouse

(EP M2)

M3 Northside Distribution

Building

Baghouse

(EP M3)

M4 Southside Distribution

Building

Baghouse

(EP M4)

M5 Lime Storage Silo Baghouse

(EP M5)

M6 Recycle Fly Ash Silo Baghouse

(EP M6)

M7 Fly Ash Silo Baghouse

(EP M7)

M9 Lime Unloading Bin Vent

Filter

Baghouse

(EP M9)
Attachment B

Title V Permit to Operate No. T5-F84011

Permit to Construct No. PTC10008