AIR POLLUTION CONTROL

PERMIT TO CONSTRUCT

FOR

CONSENT DECREE EMISSION LIMITS

Pursuant to the Air Pollution Control Rules of the State of North Dakota (North Dakota Administrative 

Code Article 33-15 and Chapter 33-15-14), the North Dakota Department of Health hereby grants a 

Permit to Construct for the following source:

I. General Information:

A. Permit to Construct Number: PTC12003

B. Source:

1. Name: Milton R. Young Station

2. Location: Center, North Dakota, Oliver County

3. Source Type: Fossil-fuel fired steam electric plant with a nominal generating 

capacity of 734 megawatts.

4. Equipment at the Facility Subject to Consent Decree:

 Unit 1 - Lignite-fired boiler (nominal 3200 x 106 Btu/hour heat input) and 

auxiliary equipment

Unit 2 - Lignite-fired boiler (nominal 6300 x 106 Btu/hour heat input) and 

auxiliary equipment

5. Nitrogen Oxides (NOx) Control Equipment – The permittee has installed 

and is currently operating advanced separated overfire air (ASOFA) and a 

selective non-catalytic reduction system (SNCR) to control NOx emissions. 

This technology was determined to be Best Available Control Technology 

(BACT).
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Permit No. 12003

C. Permittee (Operator):

1. Name: Minnkota Power Coop.

2. Address: 1822 Mill Road

P.O. Box 13200

Grand Forks, ND 58208-3200

II. Permit Conditions:

The Permit to Construct only establishes emission limits as required under Paragraph 152 and 153 of 

the Consent Decree in the case of the United States of America and State of North Dakota vs. Minnkota 

Power Cooperative, Inc., and Square Butte Electric Cooperative; Civil Action No.: 1:06-CV-034. If 

new emission units are created to comply with the emission limits, a new Permit to Construct may be 

required in accordance with North Dakota Administrative Code Section 33-15-14-02. The source 

shall be operated in accordance with the terms of this Permit to Construct and the Title V Permit to 

Operate until a revised Title V Permit to Operate is issued. The source is subject to all applicable 

rules, regulations, and orders now or hereafter in effect of the North Dakota Department of Health and 

to the conditions specified below:

A. Special Conditions: 

1. Definitions

a) A “30-day rolling average emission rate” shall be determined by 

calculating an arithmetic average of all hourly emission rates in 

lbs/106Btu for the current operating day and the previous 29 operating 

days. A new 30-day rolling average emission rate shall be calculated 

for each new operating day. Each 30-day rolling average emission

rate shall include all start-up, shutdown, and malfunction periods 

within each operating day. A malfunction shall be excluded from this 

emission rate, however, if it is determined to be a Force Majeure Event 

and satisfies the Force Majeure provisions of the Consent Decree. 

The reference methods for determining SO2 and NOx emission rates 

shall be those specified in 40 C.F.R. Part 75, Appendix F.

Basis: Consent Decree, Paragraph 5

b) A “30-day rolling average removal efficiency” means the percent 

reduction in the mass of a pollutant achieved by a unit’s pollution 

control device over a 30 operating day period. This percentage shall 

be calculated by subtracting the unit’s outlet 30-day rolling average 

emission rate from the unit’s inlet 30-day rolling average emission rate, 

dividing that difference by the unit’s inlet 30-day rolling average 

emission rate, and then multiplying by 100. A new 30-day rolling 

average removal efficiency shall be calculated for each new operating 

day, and shall include all start-up, shutdown and malfunction periods 

within each operating day. A malfunction shall be excluded from this 
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Permit No. 12003

removal efficiency, however, if it is determined to be a Force Majeure 

event and satisfies the Force Majeure provisions of the Consent 

Decree. The reference method for determining both the inlet and 

outlet 30-day rolling average emission rate, for the purposes of 

calculating the SO2 30-day rolling average removal efficiency, shall be 

that specified in 40 C.F.R. Part 75, Appendix F.

Basis: Consent Decree, Paragraph 6

c) “CEMS” or “continuous emission monitoring system,” means for 

obligations involving NOx and SO2 under this permit and the Consent

Decree, the devices defined in 40 C.F.R. § 72.2, and installed and 

maintained as required by 40 C.F.R. Part 75.

Basis: Consent Decree, Paragraph 7

d) “Consent Decree” means the Consent Decree entered by the United 

States District Court for the District of North Dakota for Civil Action 

No.: 1:06-cv-034, July 27, 2006.

e) “Emission rate” for a given pollutant means the number of pounds of 

the pollutant emitted per million British thermal units of heat input 

(lb/106Btu), measured in accordance with the Consent Decree.

Basis: Consent Decree, Paragraph 10

f) “EPA” means the United States Environmental Protection Agency. 

Basis: Consent Decree, Paragraph 11

g) “ESP” means electrostatic precipitator, a pollution control device for 

the reduction of PM.

Basis: Consent Decree, Paragraph 12

h) “Flue gas desulfurization system” or “FGD” means a pollution control 

device that employs flue gas desulfurization technology, including an 

absorber utilizing lime, flyash, or limestone slurry, for the reduction of 

sulfur dioxide emissions.

Basis: Consent Decree, Paragraph 13

i) “Fossil fuel” means any hydrocarbon fuel, including coal, petroleum 

coke, petroleum oil or natural gas.

Basis: Consent Decree, Paragraph 14
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Permit No. 12003

j) “lb/106 Btu” means one pound of a pollutant per million British 

thermal units of heat input.

Basis: Consent Decree, Paragraph 15

k) “Malfunction” means malfunction as that term is defined under 40 

C.F.R § 60.2 (July 1, 2004).

Basis: Consent Decree, Paragraph 16

l) “NOx” means oxides of nitrogen, measured in accordance with the 

provisions of the Consent Decree.

Basis: Consent Decree, Paragraph 21

m) “NOx allowance” means an authorization or credit to emit a specified 

amount of NOx that is allocated or issued under an emissions trading or 

marketable permit program of any kind established under the federal 

Clean Air Act or the North Dakota State Implementation Plan. 

Basis: Consent Decree, Paragraph 22

n) “Operating day” means any calendar day in which a unit fires fossil 

fuel. 

Basis: Consent Decree, Paragraph 26

o) “Plant-wide 12-month rolling average tonnage” means the sum of the 

tons of the pollutant in question emitted from the Milton R. Young 

Station in the most recent complete month and the previous eleven (11) 

months. A new plant-wide 12-month rolling average tonnage shall be 

calculated for each new complete month in accordance with the 

provisions of the Consent Decree. The calculation of each plant-wide 

12-month rolling average tonnage shall include the pollutants emitted 

during the periods of startup, shutdown, and malfunction within each 

calendar month, unless the malfunction event is also deemed a “Force 

Majeure Event” as defined in Section XIV of the Consent Decree 

(Force Majeure), in which case such emissions shall be excluded.

Basis: Consent Decree, Paragraph 28

p) “Plant-wide tonnage for one calendar year” means the sum of the tons 

of the pollutant in question emitted from the Milton R. Young Station 

in any 12-Month calendar year. A new plant-wide tonnage for one 

calendar year shall be calculated for each new calendar year. The 

calculation of each plant-wide tonnage for one calendar year shall 

include the pollutants emitted during periods of startup, shutdown and 
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Permit No. 12003

malfunction within each 12-Month calendar year, unless the 

malfunction event is also deemed a “Force Majeure Event” as defined 

in Section XIV of the Consent Decree (Force Majeure), in which case 

such emissions shall be excluded.

Basis: Consent Decree, Paragraph 29

q) “Plant-wide tonnage for the annual average of two calendar years” 

means the sum of the tons of the pollutant in question emitted from the 

Milton R. Young Station in any two consecutive 12-month calendar 

years, divided by two. A new plant-wide tonnage for the annual

average of two calendar years shall be calculated for each new 

complete 12-month calendar year. The calculation of each plant-wide 

tonnage for the annual average of two calendar years shall include the 

pollutants emitted during the periods of startup, shutdown and 

malfunction within each 12-month calendar year, unless the 

malfunction event is also deemed a “Force Majeure Event” as defined 

in Section XIV of the Consent Decree (Force Majeure), in which case 

such emissions shall be excluded.

Basis: Consent Decree, Paragraph 30

r) “PM” means particulate matter measured in accordance with the

provision of the Consent Decree.

Basis: Consent Decree, Paragraph 31

s) “PM emission rate” means the average number of pounds of PM 

emitted per million British thermal units of heat input (lbs/106 Btu) 

from the unit stack, as measured in an annual stack test from the unit 

stack, in accordance with the reference method set forth in 40 C.F.R. 

Part 60, Appendix A, Method 5 (filterable portion only) or Method 17 

(filterable portion only).

Basis: Consent Decree, Paragraph 33

t) “SO2” means sulfur dioxide, measured in accordance with the 

provisions of the Consent Decree. 

Basis: Consent Decree, Paragraph 40

u) “SO2 allowance” means “allowance” of SO2 as defined in 42 U.S.C. § 

7651a(3): “an authorization, allocated to an affected unit by the 

Administrator of EPA under Subchapter IV of the Act, to emit, during 

or after a specified calendar year, one ton of sulfur dioxide.”

Basis: Consent Decree, Paragraph 41
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Permit No. 12003

v) “Unit” means collectively, the coal crusher, stationary equipment that 

feeds coal to the boiler, the boiler that produces steam for the steam 

turbine, the steam turbine, the generator, the equipment necessary to 

operate the generator, steam turbine and boiler, and all ancillary

equipment, including pollution control equipment and systems 

necessary for the production of electricity. An electric utility steam 

generating station may be comprised of one or more units.

Basis: Consent Decree, Paragraph 43

w) “Startup” means the period of time from initial fuel combustion to the 

point in time when the measured heat input to the boiler on a 6-hour 

rolling average basis is greater than or equal to 2500 x 106 Btu/hr for 

Unit 1 and 4800 x 106 Btu/hr for Unit 2. For purposes of determining 

compliance, startup cannot exceed 61 hours for Unit 1 and 115 hours

for Unit 2.

Basis: BACT Determination

2. Emission Limits

a) Unit 1 Boiler

1) SO2 – The permittee shall achieve and maintain a 30-day 

rolling average removal efficiency of at least ninety-five 

percent (95%).

Basis: Consent Decree, Paragraph 45

2) NOx – Except during startup, the permittee shall not discharge 

NOx into the atmosphere in excess of 0.36 lb/106 Btu of heat 

input on a 30-day rolling average basis. During startup, NOx

emissions shall not exceed 2070.2 lb/hr on a 24-hour rolling 

average basis. 

Basis: BACT Determination

3) PM – The permittee shall achieve and maintain a PM emission

rate no greater than 0.030 lb/106 Btu.

Basis: Consent Decree, Paragraph 77
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Permit No. 12003

b) Unit 2 Boiler

1) SO2 – The permittee shall achieve and maintain a 30-day

rolling average removal efficiency of at least ninety percent 

(90%).

Basis: Consent Decree, Paragraph 47

2) NOx – Except during startup, the permittee shall not discharge 

NOx into the atmosphere in excess of 0.35 lb/106 Btu of heat 

input on a 30-day rolling average basis. During startup, NOx

emissions shall not exceed 3995.6 lb/hr on a 24-hour rolling 

average basis.

Basis: BACT Determination

3) PM – the permittee shall achieve and maintain a PM emission 

rate no greater than 0.030 lb/106 Btu.

Basis: Consent Decree, Paragraph 76

c) Plant-Wide

1) Beginning January 1, 2012, and each year thereafter, the 

permittee shall not emit more than 11,500 tons of SO2 per year 

based on a plant-wide tonnage for the annual average of two 

calendar years; and

Basis: Consent Decree, Subparagraph 50.c

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 permittee shall not emit more than 8,500 

tons of SO2 per year based on a plant-wide tonnage for the 

annual average of two calendar years.

Basis: Consent Decree, Subparagraph 50.d

3. Surrender of SO2 Allowances

a) For purposes of this condition, the “surrender of allowances” means 

permanently surrendering allowances from the accounts administered 

by EPA for Units 1 and 2 – and from Unit 3 to the extent that SO2

allowances are allocated by EPA to that unit – so that such SO2

Allowances can never be used to meet any compliance requirement 

under the federal Clean Air Act, the North Dakota State 

Implementation Plan, or the Consent Decree.
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Permit No. 12003

Basis: Consent Decree, Paragraph 54

b) For each year specified below, the permittee shall surrender to EPA, or 

transfer to a non-profit third party elected by the permittee for 

surrender, SO2 Allowances that have been allocated to the Milton R. 

Young Station for the specified calendar year:

Calendar Year Amount

2012-2015 4,346 allowances

2016-2018 8,693 allowances

2019 12,170 allowances

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

Units 1, 2, and 3 (as proposed) are 

operational by December 31, 2015, and 

17,886 allowances if only Milton R. 

Young Units 1 and 2 are operational by 

December 31, 2015

The permittee shall make such surrender annually, within forty-five 

(45) days of their receipt from EPA of the Annual Deduction Reports 

for SO2. Any surrender need not include the specific SO2 allowances 

that were allocated to the permittee, so long as the permittee surrenders

SO2 allowances that are from the same year or an earlier year and that 

are equal to the number required to be surrendered under this 

Condition. The requirements in Subsection (IV(C)) of the Consent 

Decree pertaining to the permittee’s retirement of SO2 allowances are 

permanent injunctions not subject to any termination provision of this 

permit or the Consent Decree.

Basis: Consent Decree, Paragraph 55

c) If any SO2 allowances are transferred directly to a non-profit third 

party, the permittee shall include a description of such transfer in the 

next report submitted to EPA and the Department pursuant to Section 

XI (Periodic Reporting) of the Consent Decree. Such report shall: 

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

SO2 allowances and a listing of the serial number of the transferred 

SO2 allowances; and

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

recipient(s) will not sell, trade, or otherwise exchange any of the 

allowances and will not use any of the SO2 allowances to meet any 

obligation imposed by any environmental law. 

No later than the third periodic report due after the transfer of any SO2

allowances, the permittee shall include a statement that the third-party 
Page 9 of 18

Permit No. 12003

recipient(s) surrendered the SO2 allowances for permanent surrender 

to EPA in accordance with the provisions of Condition II.A.3(a) and 

(b) within one (1) year after the permittee transferred the SO2

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

SO2 allowances surrender requirements of this condition until all 

third-party recipient(s) shall have actually surrendered the transferred 

SO2 allowances to EPA.

Basis: Consent Decree, Paragraph 56

d) For all SO2 allowances surrendered to EPA, the permittee or the 

third-party recipient(s) (as the case may be) shall first submit an SO2

allowance transfer request form to EPA’s Office of Air and Radiation’s 

Clean Air Act Markets Division directing the transfer of such SO2

allowances to the EPA Enforcement Surrender Account or to any other 

EPA account that EPA may direct in writing. As part of submitting 

these transfer requests, the permittee or the third-party recipient(s) 

shall irrevocably authorize the transfer of these SO2 allowances and 

identify – by name of account and any applicable serial or other 

identification numbers or station names – the source and location of the 

SO2 allowances being surrendered.

Basis: Consent Decree, Paragraph 57

4. Use of NOx Allowances

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

or trade any surplus NOx allowances allocated to Units 1, 2 and 3 at the 

Milton R. Young Station that would otherwise be available for sale or 

trade as a result of the actions taken by the permittee to comply with the 

requirements of the Consent Decree.

Basis: Consent Decree, Paragraph 68

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

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

the NOx allowances allocated to the permittee’s Units 1, 2 and 3 at the 

Milton R. Young Station for a particular year are greater than the total 

amount of NOx emissions from those same units for the same year.

Basis: Consent Decree, Paragraph 69

c) Provided that the permittee is in compliance with the NOx emission

limitations of this permit, nothing in this permit or the Consent Decree 

shall preclude the permittee from selling or transferring NOx

allowances allocated to the Milton R. Young Station that become 

available for sale or trade as a result of:
Page 10 of 18

Permit No. 12003

1) activities that reduce NOx emissions from any unit at the 

Milton R. Young Station prior to the date of entry of the 

Consent Decree;

2) the installation and operation of any NOx pollution control 

technology or technique that is not otherwise required under 

the Consent Decree;

3) achievement and maintenance of NOx emission rates below the 

emission limits required by Condition II.A.2 of this permit.

4) permanent shutdown of any unit at the Milton R. Young 

Station not otherwise required by the Consent Decree; and

5) other emission reduction measures that are agreed to by the 

Parties to the Consent Decree and made enforceable through 

modifications of the Consent Decree; 

so long as the permittee timely reports the generation of such surplus

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

the Consent Decree. 

The permittee shall be allowed to sell or transfer NOx allowances equal 

to the NOx emissions reductions achieved for any given year by any of 

the actions specified in Condition II.A.4(c)(2) through (5) only to the 

extent that the total NOx emissions from all units at the Milton R. 

Young Station are below the emissions limits required by this permit.

Basis: Consent Decree, Paragraph 70

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

from another resource for purposes of complying with the 

requirements of the Consent Decree. However, nothing in this permit 

or the Consent Decree shall prevent the permittee from purchasing or 

otherwise obtaining NOx allowances from another source for purposes 

of complying with State or Federal Clean Air Act requirements to the 

extent otherwise allowed by law.

Basis: Consent Decree, Paragraph 71

5. General SO2 Provisions

a) In determining emission rates for SO2, the permittee shall use CEMS in 

accordance with the reference methods specified in 40 C.F.R. Part 75.

Basis: Consent Decree, Paragraph 58

b) 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 
Page 11 of 18

Permit No. 12003

C.F.R. Part 75 (using CEMS data from both the inlet and outlet of the 

control device).

Basis: Consent Decree, Paragraph 59

c) If any construction allows any flue gas to by-pass the SO2 pollution

control equipment, the outlet 30-day rolling average emission rate shall 

be determined from SO2 CEMS located after the by-pass return, and 

the inlet 30-day rolling average emission rate shall be determined from 

SO2 CEMS located before the by-pass.

Basis: Consent Decree, Paragraph 60

6. General NOx Provisions

a) In determining emission rates for NOx, the permittee shall use CEMS 

in accordance with the reference methods specified in 40 C.F.R. Part 

75.

Basis: Consent Decree, Paragraph 72

b) At any time following the commencement of operation of the specific 

NOx control technologies required to meet the NOx emission limits in 

Condition II.A.2, the permittee may petition the plaintiffs listed in the 

Consent Decree to revise the applicable Phase II 30-day rolling average 

emission rate for NOx. In the petition, the permittee shall 

demonstrate and explain why it cannot consistently achieve and 

maintain the 30-day rolling average NOx emission rate required by 

Condition II.A.2 for the unit in question, considering all relevant 

information. The permittee shall include in such petition a proposed

alternative 30-day rolling average emission rate for NOx. The 

permittee shall also retain a qualified contractor to assist in the 

preparation and completion of the petition for an alternative 30-day 

rolling average emission rate for NOx. The permittee shall provide

with each petition all pertinent documents and data. If the Plaintiffs

listed in the Consent Decree disapprove the 30-day rolling average 

emission rate for NOx proposed by the permittee, such disapproval 

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

of the Consent Decree. The permittee shall submit any petition for 

any unit under this condition no later than six (6) months after the final 

compliance date specified for the unit in Paragraph 67 of the Consent 

Decree. The compliance dates are December 31, 2010 for Unit 2 and 

December 31, 2011 for Unit 1.

Basis: Consent Decree, Paragraph 73
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Permit No. 12003

c) The permittee shall continuously operate all NOx control technology 

installed on the Milton R. Young Units at all times that the unit served 

is in operation, consistent with the technological limitations, 

manufacturers’ specifications to the extent practicable, and good 

engineering and maintenance practices for the NOx control 

technology. The permittee need not operate NOx control technology 

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

periods of malfunction of the unit that have a significant adverse 

impact on the operation of the NOx control technology, provided that 

the permittee satisfies the requirements for malfunction events as set 

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

As set forth in Paragraph 138 of the Consent Decree, a malfunction

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

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

Consent Decree.

Basis: Consent Decree, Paragraph 74

7. Continuous Operation of SO2 Controls

The permittee shall continuously operate each FGD at all times that the unit it 

serves is in operation, consistent with the technological limitations, 

manufacturers’ specifications, and good engineering and maintenance 

practices for the FGDs, for minimizing emissions to the extent practicable. 

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

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

adverse impact on the operation of the FGD, provided that the permittee 

satisfies the requirements for a malfunction as set forth in Paragraph 138 

(Malfunctions) of the Consent Decree. As set forth in Paragraph 138 of the 

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

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

Majeure) of the Consent Decree.

Basis: Consent Decree, Paragraph 48

8. 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. Such annual performance testing

may be satisfied by stack tests conducted in a given year, in accordance 

with the permittee’s Title V Permit to Operate.

Basis: Consent Decree, Paragraph 80

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

reference methods specified in 40 C.F.R. Part 60, Appendix A, Method 

5 (filterable portion only) or 40 C.F.R. Part 60, Appendix A, Method 
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Permit No. 12003

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 C.F.R. § 60.8(f). In addition, the permittee 

shall submit all the results of each PM stack test to the Department and 

EPA within forty-five (45) days of completion of each test.

Basis: Consent Decree, Paragraph 81

c) Within 180 days after the permittee completes the installation of the 

Unit 1 FGD, the permittee shall conduct a performance test 

demonstration to ensure that the PM emission limitation set forth in 

Condition II.A.2 can be consistently achieved in practice, including all 

requirements pertaining to proper operation and maintenance of 

control equipment. If the performance demonstration shows that the 

control equipment cannot consistently meet the required PM emission

limitations, the permittee shall submit a report to EPA and the 

Department proposing alternative emission limits. 

Basis: Consent Decree, Paragraph 79

9. ESP Operation

a) The permittee shall continuously operate each ESP at the Milton R. 

Young Station at all times that each unit the ESP serves is combusting 

fossil fuel, consistent with good engineering practices for PM control, 

to minimize PM emissions to the extent practicable. The permittee 

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

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

impact on the operation of the ESP, provided that the permittee 

satisfies the requirements for malfunction events as set forth in 

Paragraph 138 (Malfunction Events) of the Consent Decree. A

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

requirements for a Force Majeure event in Section XIV (Force 

Majeure) of the Consent Decree.

Basis: Consent Decree, Paragraph 78

b) The permittee shall continually operate each PM control device on the 

Milton R. Young Station Units to maximize the PM emission

reductions, consistent with the operational and maintenance limitations 

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

(1) energize each section of the ESP for each unit, regardless of 

whether that action is needed to comply with opacity limits; 

(2) maintain the energy or power levels delivered to the ESP for each 

Unit to achieve the greatest possible removal of PM;
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Permit No. 12003

(3) make best efforts to expeditiously repair and return to service 

transformer-rectifier sets when they fail;

(4) inspect for, and schedule for repair, any openings in ESP casings 

and ductwork to minimize air leakage;

(5) optimize for Unit 1 the plate-cleaning and discharge-electrode 

cleaning systems for the ESP by varying the cycle time, cycle 

frequency, rapper-vibrator intensity, and number of strikes per 

cleaning event; and 

(6) optimize for Unit 2 the plate-cleaning system for the ESP by 

varying the cycle time and frequency of the cycle.

Basis: Consent Decree, Paragraph 75

10. PM CEMS

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

paragraphs 82 through 88 of the Consent Decree on Unit 2 at the 

Milton R. Young Station. The PM CEMS shall comprise a continuous 

particle mass monitor measuring particulate matter concentration, 

directly or indirectly, on an hourly average basis and a diluent monitor 

used to convert the concentration to units of lb/106 Btu. The permittee 

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

values of all PM CEMS in lb/106 Btu. The permittee shall use 

reasonable efforts to keep the PM CEMS running and producing data 

whenever Unit 2 is operating. The permittee shall operate the PM 

CEMS in accordance with the approved Quality Assurance/Quality 

Control protocol (approved June 16, 2008). 

Basis: Consent Decree, Paragraphs 82 and 84

b) The permittee may use the PM CEMs in lieu of the continuous opacity 

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

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

provided the following conditions are met:

1) The PM CEMs installed are appropriate to the stack conditions 

at both Units 1 and 2;

2) The PM CEMS are installed, operated and maintained in 

accordance with the manufacturer’s recommendations, the 

applicable requirements of 40 CFR 60.40 et seq. and the 

General Provisions at 40 CFR 60.7–60.13;

3) The PM CEMS are certified in accordance with Performance 

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

4) Quality assurance/quality control requirements must be 

performed in accordance with 40 CFR 60, Appendix F, 

Procedure 2;
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Permit No. 12003

5) Compliance with the applicable PM emission limits at 40 CFR 

60.42(a) must be based on continuous three-hour rolling 

average periods during source operation;

6) The permittee must meet all applicable reporting, 

recordkeeping and operational requirements under 40 CFR 

60.40 et seq. and the General Provisions under 40 CFR 

60.7-60.13. Quarterly excess emissions of PM must be 

reported based on a three-hour rolling average during source 

operations;

7) The permittee must demonstrate compliance with the 

applicable opacity limit by taking weekly visible emissions 

readings in accordance with 40 CFR 60, Appendix A, Method 

9. The Method 9 readings must be taken for at least 30 

minutes each week, for six consecutive weeks during regular 

source operation. If continuous compliance with the opacity 

limit is demonstrated for six consecutive weeks, the permittee 

can begin taking monthly Method 9 readings. 

8) Monthly Method 9 readings must be taken for at least one hour 

each consecutive month but may be performed in no less than 

30-minute intervals during regular source operation;

9) Records of Method 9 readings that document an exceedance of 

the applicable opacity standard must be submitted with the 

quarterly excess emission reports required for the PM CEMS; 

10) If excess emissions of opacity are identified, the permittee shall 

revert back to weekly Method 9 readings for six consecutive 

weeks, or until continuous compliance with the opacity limit is 

demonstrated, whichever is longer; and

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

Basis: Consent Decree, Paragraph 88 and Approval Letter 

Dated December 23, 2010

11. Periodic Reporting

a) 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:

1. all information necessary to determine compliance with the 

Consent Decree, including but not limited to information required 

to be included in the reports pursuant to Paragraphs 49, 55, 56, 70 

and 99 of the Consent Decree; and

2. all information indicating that the installation and commencement 

of operation for a pollution control device may be delayed, 

including the nature and cause of the delay, and any steps taken by 

the permittee to mitigate such delay.
Page 16 of 18

Permit No. 12003

Basis: Consent Decree, Paragraph 113

b) In any periodic progress report submitted pursuant to this condition, 

the permittee may incorporate by reference information previously 

submitted under their Title V permitting requirements, provided that 

the permittee attaches the Title V permit report (or pertinent portions of 

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

Title V permit report that are responsive to the information required in 

the periodic progress report.

Basis: Consent Decree, Paragraph 114

c) In addition to the progress reports required pursuant to this condition, 

the permittee shall provide a written report to the U.S. Environmental 

Protection Agency and the Department of any violation of the 

requirements of the Consent Decree, including exceedances of the 

30-day rolling average removal efficiencies, 30-day rolling average 

emission rates, PM emission rates, and plant-wide tonnage limits 

within ten (10) business days of when the permittee knew or should 

have known of any such violation. In this report, the permitee shall 

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

be taken by the permitee to prevent such violations in the future. 

Exceedances of the PM emission rates shall be reported within 

forty-five (45) days of the completion of the stack test that 

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

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

be taken by the permittee to prevent such violations in the future.

Basis: Consent Decree, Paragraph 115

d) Each report shall be signed by the permittee’s Environmental Manager 

or, in his or her absence, the permittee’s Vice President of Generation, 

or higher ranking official, and shall contain the following certification:

This information was prepared either by me or under my 

direction or supervision in accordance with a system designed 

to assure that qualified personnel properly gather and evaluate 

the information submitted. Based on my evaluation, or the 

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

system, or the person(s) directly responsible for gathering 

information, I hereby certify under penalty of law that, to the 

best of my knowledge and belief, this information is true, 

accurate and complete. I understand that there are significant 

penalties for submitting false, inaccurate, or incomplete 

information to the United States and/or the Department.
Page 17 of 18

Permit No. 12003

Basis: Consent Decree, Paragraph 116

B. General Conditions:

1. This permit shall in no way permit or authorize the maintenance of a public 

nuisance or danger to public health or safety.

2. The permittee shall comply with all State and Federal environmental laws and 

rules. In addition, the permittee shall comply with all local building, fire, 

zoning, and other applicable ordinances, codes, rules and regulations.

3. All reasonable precautions shall be taken by the permittee to prevent and/or 

minimize fugitive emissions during any construction.

4. The permittee shall at all times, including periods of startup, shutdown, and 

malfunction, maintain and operate Unit 1 and Unit 2 and all other emission

units including associated air pollution equipment and fugitive dust 

suppression operations in a manner consistent with good air pollution control 

practices for minimizing emissions.

5. Any duly authorized officer, employee or agent of the North Dakota 

Department of Health may enter and inspect any property, premise or place at 

which the source listed in Item I.B. of this permit is or will be located at any 

time for the purpose of ascertaining the state of compliance with the North 

Dakota Air Pollution Control Rules and the conditions of this permit.

6. Any violation of a condition issued as part of this approval to construct is 

regarded as a violation of construction authority and is subject to enforcement 

action.

7. The conditions of this permit herein become, upon the effective date of this 

permit, enforceable by the Department pursuant to any remedies it now has or 

may in the future have, under the North Dakota Air Pollution Control Law, 

NDCC Chapter 23-25. Each and every condition of this permit is a material 

part thereof, and is not severable.

FOR THE NORTH DAKOTA

DEPARTMENT OF HEALTH

Date: ___________________________ By: ________________________________

Terry L. O’Clair, P.E.

Director

Division of Air Quality
Page 18 of 18

Permit No. 12003

Attachment 1: Consent Decree

United States of America and State of North Dakota

vs

Minnkota Power Cooperative and

Square Butte Electric Cooperative

Civil Action No.: 1:06 – cv – 034 

The attached Consent Decree is for information purposes only and the conditions are not an 

enforceable portion of this Permit to Construct unless specifically listed in the permit.