NORTH DAKOTA 

DEPARTMENT of HEALTH 

March 8, 2012 

Mr. David W. Peightal 

Environmental Operations Manager 

Dakota Gasification Company 

P.O. Box 1149 

Beulah, ND 58523-1149 

Re: Air Pollution Control 

Permit to Operate Renewal 

Title V Source 

Dear Mr. Peightal: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www. nd health. gov 

On November 4, 2011 the Department received a Permit to Operate renewal application for the 

Dakota Gasification Company Great Plains Synfuels Plant located near Beulah, North Dakota. 

Based on our review of the permit application and other relevant documents, the Department 

hereby issues a Permit to Operate for the source. The Department's issuance of the permit is 

contingent upon compliance with the conditions outlined in the permit. Please review each 

condition carefully and note the restrictions placed on the source units. 

For your information, during the 30-day public comment period and subsequent 45-day EPA 

review period no comments were received. If you have any questions, please contact me at 

(701)328-5188. 

Sincerely, 

~~~~ Lewis H. Dendy 

Environmental Scientist 

Division of Air Quality 

LHD:saj 

Enc: 

xc/enc: Mike Owens, EPA, Region 8 (email) 

Environmental Health 

Section Chief's Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

Division of 

Municipal Facilities 

701.328.5211 

Printed on recycled paper. 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210 
~~ NORTH DAKOTA ~~ DEPARTMENT of HEALTH 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

AIR POLLUTION CONTROL 

TITLE V PERMIT TO OPERATE 

Permittee: 

Name: 

Dakota Gasification Company 

Address: 

1600 E. Interstate A venue 

P.O. Box 5540 

Bismarck, ND 58506-5540 

Source Location: 

Sections 24 & 25, T145N, R88W 

Mercer County, North Dakota 

Expiration Date: 

Permit Number: 

T5-F96007 

Source Name: 

Great Plains Synfuels Plant 

Source Type: 

Coal Gasification Plant 

January 1, 2016 

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

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

citizens under the Clean Air Act unless otherwise noted. 

Renewal No. 2 (Sig. Mod.): 3/8/12 

Revision No. 0: 

Environmental Health 

Section Chief's Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

1:, Q:£ ~y L<Yetiir, P.E. 

Director 

Division of Air Quality 

Division of 

Municipal Facilities 

701.328.5211 

Printed on recycled paper. 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210 
Great Plains Synfuels Plant 

Title V Permit to Operate 

Table of Contents 

Condition 

Permit Shield 

1. Emission Unit(s) Identification 

2. Continuous Emission Monitoring System (CEMS) Identification 

3. Fuel Restrictions 

4. Miscellaneous Conditions 

5. Emission Unit(s) Limits 

6. Ammonium Sulfate FGD Removal Efficiency 

7. Opacity Limits 

8. Emissions and Contingency Plan During Flue Gas 

Desulfurization (FGD) Malfunction 

9. New Source Performance Standards (NSPS) 

10. National Emission Standards for Hazardous Air 

Pollutants for Source Categories (MACT) 

11. National Emission Standards for Hazardous Air 

Pollutants (NESHAPS) 

12. Monitoring Requirements and Conditions 

13. Recordkeeping Requirements 

14. Reporting 

15. Facility Wide Operating Conditions 

16. General Conditions 

Page _2_ of 49 

PTO No. T5-F96007 

Page No. 

4 

4 

7 

7 

8 

9 

13 

13 

14 

14 

15 

18 

19 

27 

30 

33 

40 
17. State Enforceable Only Conditions 

(not federally enforceable) 

18. Plantwide Applicability Limitations 

19. PAL Renewal Application 

20. PAL Recordkeeping Requirements 

21. PAL Reporting and Notification Requirements 

22. Increasing PAL During the PAL Effective Period 

23. PAL Requirements 

Attachment A - Dakota Gasification Company 

Attachment B -

Attachment C -

Attachment D -

Attachment E -

Attachment F -

Compliance Assurance Monitoring 

(CAM) Plan 

Dakota Gasification Company's FGD Malfunction, 

Air Pollution Control Contingency Plan 

Great Plains Synfuels Plant Continuous Emission 

Monitoring System Concept 

Dakota Gasification Company Predictive Emission 

Monitoring System, Ammonia Plant Feed Gas Heater 

Plant-wide Applicability Limit Conditions 

Compliance Plan and Schedule (Tanks FB-6003A 

And FB-6003B) 

Page _]___ of 49 

PTO No. T5-F96007 

46 

46 

47 

48 

48 

48 

49 
Permit Shield 

Page _i_ of 49 

PTO No. T5-F96007 

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

requirements as ofthe 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.(l) 

1. Emission Unit(s) Identification: 

The emission unit(s) regulated by this permit are as follows: 

Emission Emission Air Pollution 

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

Combined Riley boilers after FGD and superheater I CA-5701 Ammonium Sulfate 

discharge (Common Main Flue Gas 

Stack) Desulfurization (FGD) 

System 

and Wet Electrostatic 

Precipitator 

Three Riley boilers each with a maximum rated capacity BF-5IOI CA-570I Ammonium Sulfate 

of763 x I06 Btu/hr and fired on waste gas, fuel gas, tar oil, (A, B & S) (Common Main FGD 

naphtha, phenol, and substitute natural gas (SNG) Stack) and Wet Electrostatic 

Precipitator 

Two Heat Transfer System superheaters each with a BF-5002 CA-5701 None 

maximum rated capacity of I69 x I 06 Btu/hr and fired on (A&B) (Common Main 

fuel gas, tar oil, naphtha, phenol, and SNG Stack) 

Bypass stack BF-5IOI CA-5IOI None 

(A, B & S) (Bypass Stack) 

& 

BF-5002 

(A&B) 

Start-up heater BA-I70I BA-I70I None 

Ammonia plant start-up heater rated at 36 x I 0° Btu/hr and BA-4402* BA-4402 None 

fired on SNG 

Ammonia plant feed gas heater rated at 295.4 x I oo Btu/hr BA-4403 BA-4403 None 

(LHV) and fired on SNG and purge gases 

Ammonia plant solution regeneration FA-4427 FA-4427 None 

Ash handling (lignite coal ash receiving and conveying) GB-820I GB-820I Ash Sluice Water 

(A&B) AXIBX Reagent Scrubber 

(Common 

Stack) 

Ammonium sulfate handling (receiving, drying, GB-5807A GB-5807A Baghouse 

screening, and conveying) 
Emission Unit Description 

Two Zum Keystone start-up boilers each with a rated 

capacity of 120 x 106 Btu!hr and fired on SNG 

Fourteen gasifiers, each gasifier has a coal lock vent 

Start-up flare 

Back-up flare 

Main flare 

Ammonia plant flare 

Ammonia storage tank flare 

Secondary crushing 

Secondary crushing 

Primary coal sampling 

Fines screenings 

Upper fmes silo 

Lower fines silo 

Secondary coal sampling 

Transfer tower No. 2 

North coal bin 

South coal bin 

Gasifier feed 

Gasification unit emergency generator engine fired on 

distillate oil and rated at 1200 bhp 

Oxygen plant emergency generator engine fired on 

distillate oil and rated at 1200 bhp 

Phosam unit emergency generator engine fired on 

distillate oil and rated at 1200 bhp 

Boiler area emergency generator engine fired on distillate 

oil and rated at 1600 bhp 

Three portable water transfer pump diesel engines fired on 

distillate oil and each rated at 80 bhp (built pre-2006) 

Two portable hydroblaster diesel engines fired on 

distillate oil and each rated at 200 bhp (built 1983 & 1988) 

Two portable hydroblaster diesel engines fired on 

distillate oil and each rated at 300 bhp (built 1990 & 1999) 

Portable air compressor diesel engine fired on distillate oil 

and rated at 170 bhp (built pre-2006) 

Portable air compressor diesel engine fired on distillate oil 

and rated at 80 bhp (built pre-2006) 

Portable air compressor diesel engine fired on distillate oil 

and rated at 100 bhp (built 2009) 

Two emergency fire water pumps each with a diesel 

engine fired on distillate oil and rated at 357 bhp (built 

pre-2006) 

One emergency fire water pump with a diesel engine fired 

on distillate oil and rated at 99 bhp (builtpre-2006) 

Emission 

Unit (EU) 

BF-5601-X 

(#1 & #2) 

DA-1103 A-G 

& 

DA-1123 A-G 

CB-1182 

CB-1181 

CB-8301 

CB-4401 

CB-6001 

CD-2201 * 

CD-2202* 

CD-2301 * 

CD-2501 & 

CD-2502 

CD-2701 

CD-2702 

CD-2601 

CD-2602* 

CD-2603* 

CD-2604* 

CD-2605* 

GE-1101 

GE-3002 

GE-4601 

GE-5101 

E4, E5 & E6 

E7&E8 

E9 & E10 

E12 

E13 

E14 

E15 & E16 

E17 

Emission 

Point (EP) 

CA-5601 

(Common 

Stack) 

DA-1103 A-G 

& 

DA-1123 A-G 

CB-1182 

CB-1181 

CB-8301 

CB-4401 

CB-6001 

Fugitive 

Fugitive 

Fugitive 

CD-2501 & 

CD-2502 

(Common 

Stack) 

CD-2701 

CD-2702 

CD-2601 

Fugitive 

Fugitive 

Fugitive 

Fugitive 

GE-1101 

GE-3002 

GE-4601 

GE-5101 

E4, E5 & E6 

E7 &E8 

E9 & E10 

E12 

E13 

E14 

E15 & E16 

E17 

Page _i_ of 49 

PTO No. T5-F96007 

Air Pollution 

Control Equipment 

None 

Ash Sluice Water 

Reagent Scrubber 

None 

None 

None 

None 

None 

Fogging System 

Fogging System 

Fogging System 

Baghouse 

Baghouse 

Baghouse 

Baghouse 

Fogging System 

Fogging System 

Fogging System 

Fogging System 

None 

None 

None 

None 

None 

None 

None 

None 

None 

None 

None 

None 
Emission 

Emission Unit Description Unit (EU) 

62,000 gallon methanol storage tank (1982) FB-1421 

88,000gallon MDEA solution storage tank (2008) FB-4413* 

75,000 gallon tar oil storage tank (1983) FA-5023* 

Two 100,000 gallon tar oil storage tanks (1982) FB-5101* 

& 

(1982) FB-5101S* 

420,000 gallon naphtha storage tank (1982) FB-6001 

Two 756,000 gallon tar oil storage tanks (1982) FB-6003A* 

& 

(1982) FB-6003B* 

420,000 gallon crude phenol storage tank (1983) FB-6004* 

66,150 gallon methanol storage tank (1983) FB-6005 

287,700 gallon isopropyl ether storage tank (1982) FB-6010 

120,000 gallon cresylic acid storage tank (1990) FB-6051 * 

2,100 gallon cresylic acid storage tank (1994) FB-6054* 

23,739 gallon cresylic acid storage tank (1994) FB-6055* 

20,000 gallon naphtha/phenol storage tank used as a FB-5103B 

backup to FA-5116A (a vessel with vent gas routed to the 

Riley boilers) (1982) 

Main cooling tower EF-5502* 

Ammonia plant cooling tower EF-5551 * 

30,500 gallon phenol storage tank (1990) FB-6053A 

30,500 gallon phenol storage tank (1990) FB-6053B 

70,000 gallon injection gas liquor buffer tank (1982) FB-1802 

45,000 gallon fmal gas liquor storage tank (1982) FB-1803 

24,800 gallon tar oil tank (1982) FB-1805A 

24,800 gallon tar oil tank (1982) FB-1805B 

5,670,000 gallon gas liquor buffer tank (1982) FB-1808 

67,200 gallon mud liquor storage tank (1982; modified FB-1810 

2003) 

4,725,000 gallon stripped gas liquor storage tank (1982) FB-1811 

76,000 gallon filter backwash storage tank (1982) FB-1812 

11,000 gallon rocket tank (1990) FB-1850* 

30,000 gallon phenol storage tank (1990) FB-1670* 

30,000 gallon phenol/cresylic acid storage tank (1990) FB-1671 * 

11,000 gallon phenol/cresylic acid storage tank (1990) FB-1672A* 

11,000 gallon cresylic acid storage tank (1990) FB-1672B* 

20,000 gallon naptha/phenol storage tank (2008) FA-5116A 

Emission 

Point (EP) 

FB-1421 

FB-4413 

FA-5023 

FB-5101 

& 

FB-5101S 

FB-6001 · 

FB-6003A 

& 

FB-6003B 

FB-6004 

.FB-6005 

FB-6010 

FB-6051 

FB-6054 

FB-6055 

FB-5103B 

Fugitive 

Fugitive 

FB-6053A 

FB-6053B 

FB-1802 

FB-1803 

FB-1805A 

FB-1805B 

FB-1808 

FB-1810 

FB-1811 

FB-1812 

FB-1850 

FB-1670 

FB-1671 

FB-1672A 

FB-1672B 

FA-5116A 

Page _Q_ of 49 

PTO No. T5-F96007 

Air Pollution 

Control Equipment 

Internal Floating Roof 

None 

None 

None 

Internal Floating Roof 

None (Internal Floating 

Roofs to be installed 

2011-2012) 

None 

Internal Floating Roof 

Internal Floating Roof 

None 

None 

None 

Vent Collection System 

None 

None 

None 

None 

Conservation Vent 

(CV) & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

CV & Vapor Control 

Scrubber 

None 

None 

None 

None 

None 

Vent Collection System 
Emission Emission 

Emission Unit Description Unit (EU) Point (EP) 

20,000 gallon naptha phenol storage tank (1982) FB-5103B* FB-5103B 

21,000 gallon slop oil tank (1982) FB-6006* FB-6006 

110,000 gallon distillate surge tank (1982) FB-8106* FB-8106 

5,200 gallon 20% caustic tank (1982) FB-8108* FB-8108 

10,000 gallon TEG tank (1990) FB-4701* FB-4701 

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

Page _]_ of 49 

PTO No. T5-F96007 

Air Pollution 

Control Equipment 

Floating Roof with Vent 

Gas Recovery 

None 

None 

None 

None 

2. Continuous Emission Monitoring System (CEMS) Identification: 

* 

3. 

Emissions are monitored by the following monitors: 

Monitor Location Pollutant Monitored Manufacturer/Model 

Main Stack so2 (lb/hr) Thermo Environmental Instruments I 431 

NOx (lb/hr) Thermo Environmental Instruments I 421 

Opacity(%) Durag DR-290 

Flow EMRC I Gas Flow Monitor or Optical 

Scientific, Inc. Optical Flow Monitor 

Bypass Stack so2 (lb/hr) Thermo Environmental Instruments I 43C 

(The monitors are used for boiler 

startups/shutdowns and flue gas NOx (lb/hr) Thermo Environmental Instruments I 42C 

desulfurization malfunction 

emissions in the bypass stack) Opacity(%) Durag DR290 

Flow EMRC I Gas Flow Monitor 

FGD Inlet Duct* so2 (lb/hr) Thermo Environmental Instruments I 43C 

Flow EMRC I Gas Flow Monitor 

Superheater* so2 (lb/hr) Thermo Environmental Instruments I 43C 

(Reheat Duct) 

Flow EMRC I Gas Flow Monitor 

Monitoring requirements shall be in accordance with Condition 12.B.3 as applicable. 

Fuel Restrictions: 

A. EU BF-5101 (Riley Boilers A, B & S) and BF-5002 (Superheaters A & B) shall be operated using 

only waste gas, fuel gas, tar oil, naphtha, phenol, substitute natural gas (SNG), or other 

lignite-derived fuels. Substitute fuels may be used for tar oil if analytical lab analysis shows the 

substitute fuel is less than or equal to tar oil in the content of ash, sulfur and nitrogen per Btu. 
Applicable Requirement: Permit to Construct (PTC) 10027 

Page~ of 49 

PTO No. T5-F96007 

B. EU BA-4402 (ammonia plant start-up heater), BF-5601-X (Zurn start-up Boilers #1 & #2) and 

BA-1701 (start-up heater) shall be operated using only SNG. 

Applicable Requirement: PTC Condition (Cond.) 

C. EU BA-4403 (ammonia plant feed gas heater) shall be operated only on SNG and purge gases. 

Applicable Requirement: PTC Cond. 

D. Diesel engines are restricted to combusting only distillate oil with no more than 15 ppm sulfur. 

This fuel restriction ensures compliance with NDAC 33-15-06-01.2. 

Applicable Requirements: NDAC 33-15-06-01.2 and NDAC 33-15-14-03.6 

E. The burning ofhazardous waste is allowed only in the three Riley boilers [EU BF-5101 (A, Band 

S)] and shall comply with NDAC Sections 33-24-05-525 through 33-25-05-549- Boilers Industrial 

Furnaces (BIFs). 

Applicable Requirement: PTC Cond. 

F. EU DA-1103 A-G and DA-1123 A-G (gasifiers) shall utilize only lignite coal as feedstock. 

Fuels and feedstock, other than those listed above, may be burned or charged provided the 

following conditions are met: 

Acceptable gasification feedstock shall meet the recycling criteria established in Section 

33-24-02-02(5)(a) of the NDAC and must not be a listed hazardous waste. The Department shall 

approve in writing all initial feedstock usage. Any change in feedstock which will significantly 

increase emissions as defined in the Prevention of Significant Deterioration (PSD) rules shall 

require Departmental approval. 

Applicable Requirement: PTC Cond. 

4. Miscellaneous Conditions: 

A. Production Rate: For purposes of this permit and the PSD rules, an increase in production rate 

above 170 million standard cubic feet per day (based on a 12-month calendar average) that causes a 

significant increase in actual emissions is considered a major modification. 

Applicable Requirement: PTC 3/23/93 

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

with like-kind engines. Replacement is subject to the following conditions: 
Page _2._ of 49 

PTO No. T5-F96007 

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

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

60 and 63. 

2) The replacement engine shall operate in the same manner, provide no increase in throughput 

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

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

facility must comply with any applicable Federal standards (e.g. NSPS, NESHAP, MACT) 

triggered by the replacement. 

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

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

Applicable Requirement: NDAC 33-15-14-03.6 

5. Emission Unit(s) Limits: 

Emission Unit Emission/Parameter NDAC Applicable 

Description EU EP Pollutant/Parameter Limit** Requirement 

Combined Riley boilers I CA-5701 Particulate Matter* 138 lb/hr PTC 3/23/93 

after FGD and super- (Common Main (PM) 

heater discharge Stack) 

so2 3,09llb/hr PTC Cond. 

NOx 860 lb/hr (30-day PTC 3/23/93 

rolling average) 

Opacity See Conditions 33-15-12-02, 

7.A& 7.B SubpartD & 

33-15-03-02 

Three Riley boilers BF-5101 CA-5701 so2 0.80 lb/106 Btu*** 33-15-12-02, 

(A, B & S) (Common Main (each) (3-hr rolling Subpart D 

Stack) average) 

PM 0.10 lb/106 Btu*** 33-15-12-02, 

(each) SubpartD 

Two heat transfer BF-5002 CA-5701 so2 3.0 lb/10° Btu 33-15-06 

system superheaters (A&B) (Common Main (1290 ng/J) (each) 

Stack) 

PM 0.1 lb/1 06 Btu (each) PTC 3/23/93 

Start-up heater BA-1701 BA-1701 PM 0.3 lb/hr 33-15-14-06.5.b(l) 

NOx 12.8lb/hr 33-15-14-06.5.b(l) 

Opacity See Con d. 7 .A 33-15-03-02 
Emission Unit 

Description · EU EP Pollutant/Parameter 

Ammonia plant start-up BA-4402 BA-4402 PM 

heater 

NOx 

co 

Opacity 

Hours of Operation 

Ammonia plant feed gas BA-4403 BA-4403 PM 

heater 

NOx 

co 

Opacity 

Ammonia plant solution FA-4427 FA-4427 co 

regeneration 

Opacity 

Ash handling GB-8201 GB-8201 PM 

(A&B) AXIBX 

(Common Stack) Opacity 

Ammonium sulfate GB-5807A GB-5807A PM 

handling 

Opacity 

Two Zum Keystone BF-5601-X CA-5601 PM 

start-up boilers (#1 & #2) (Common Stack) 

NOx 

Opacity 

Fourteen gasifiers with DA-1103 DA-1103 A-G & PM 

coal lock vents A-G& DA-1123 A-G 

DA-1123 Total Reduced Sulfur 

A-G (TRS) 

Opacity 

Start-up flare CB-1182 CB-1182 so2 

Opacity 

Page _j_Q_ of 49 

PTO No. T5-F96007 

Emission/Parameter NDAC Applicable 

Limit** Requirement 

0.5 lb/hr PTC 12/5/95 

9.0 lb/hr PTC 12/5/95 

2.2lb/hr PTC 12/5/95 

See Cond. 7 .A 33-15-03-02 

72 hr/yr (12-month PTC 12/5/95 

rolling total) 

1.95 lb/hr PTC 12/5/95 

0.10 lb/106 Btu*** 40 CFR Part 60, 

(30-day rolling Subpart Db & 

average) & 9.13 lb/hr PTC10027 

(30-day rolling 

average) 

6.5 lb/hr PTC 12/5/95 

See Con d. 7 .A 40 CFR Part 60, 

Subpart Db & 

33-15-03-02 

16.8 lb/hr PTC 12/5/95 

See Cond. 7 .A 33-15-03-02 

6.1 lb/hr PTCCond. 

See Con d. 7 .A 33-15-03-02 

3.0 lblhr PTC Cond. 

See Con d. 7 .A 33-15-03-02 

8.4lb/hr (each) PTC 3/23/93 

16.8 lb/hr (each) PTC 3/23/93 

See Con d. 7 .A 33-15-03-02 

0.6 lb/hr (each) PTC 3/23/93 

0.3 lb/hr (each) PTC 3/23/93 

See Con d. 7 .A 33-15-03-02 

119 lb/hr (3-hr rolling PTCCond. 

avg.) & 3,520 lb/hr 

upset condition - 15 

minutes 

See Cond. 7.C 33-15-03-02 
Emission Unit 

Description EU EP 

Back-up flare CB-1181 CB-1181 

Main flare CB-8301 CB-8301 

Ammonia plant flare CB-4401 CB-4401 

Ammonia storage tank CB-6001 CB-6001 

flare 

Secondary crushing CD-2201 CD-2201 

Secondary crushing CD-2202 CD-2202 

Primary coal sampling CD-2301 CD-2301 

Fines screenings CD-2501 & CD-2501 & 

CD 2502 CD- 2502 

(Common Stack) 

Upper fmes silo CD-2701 CD-2701 

Lower fines silo CD-2702 CD-2702 

Secondary coal CD-2601 CD-2601 

sampling 

Transfer tower No. 2 CD-2602 CD-2602 

North coal bin CD-2603 CD-2603 

South coal bin CD-2604 CD-2604 

Gasifier feed CD-2605 CD-2605 

Gasification unit GE-1101 GE-1101 

emergency generator 

engine 

Pollutant/Parameter 

S02 

Opacity 

SOz 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

PM 

Opacity 

PM 

Opacity 

PM 

Opacity 

PM 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Page __ll_ of 49 

PTO No. T5-F96007 

Emission/Parameter NDAC Applicable 

Limit** Requirement 

78 1blhr (3-hr rolling PTC Cond. 

avg.) & 2,940 lblhr 

upset condition - 15 

minutes 

See Cond. 7.C. 33-15-03-02 

230 lblhr (3-hr rolling PTC Cond. 

avg.) & 12,021lblhr 

upset condition -

15 minutes 

See Cond. 7.C 33-15-03-02 

See Cond. 7.C 33-15-03-02 

See Cond. 7.C 33-15-03-02 

See Con d. 7 .D & 7 .E 33-15-12 SubpartY 

& 33-15-03-02 

See Cond. 7.D & 7.E 33-15-12 SubpartY 

& 33-15-03-02 

See Cond. 7 .D & 7 .E 33-15-12 SubpartY 

& 33-15-03-02 

9.2lblhr PTC 3/23/93 

See Cond. 7.A & 7.D 33-15-03-02 & 

33-15-12-02 

SubpartY 

2.1 lblhr PTC 3/23/93 

See Con d. 7 .A & 7 .D 33-15-03-02 & 

33-15-12-02 

SubpartY 

2.0 lblhr PTC 3/23/93 

See Cond. 7.A & 7.D 33-15-03-02 & 

33-15-12-02 

Subpart Y 

5.1lblhr PTC 3/23/93 

See Cond. 7.A & 7.D 33-15-03-02 & 

33-15-12-02 

Subpart Y 

See Cond. 7.D & 7.E 33-15-12 SubpartY 

& 33-15-03-02 

See Cond. 7 .D & 7 .E 33-15-12 SubpartY 

& 33-15-03-02 

See Con d. 7 .D & 7 .E 33-15-12 SubpartY 

& 33-15-03-02 

See Cond. 7.D & 7.E 33-15-12 SubpartY 

& 33-15-03-02 

See Con d. 7 .A 33-15-03-02 
Emission Unit 

Description EU 

Oxygen plant GE-3002 

emergency generator 

engine 

Phosam unit emergency GE-4601 

generator engine 

Boiler area emergency GE-5101 

generator engine 

Portable air compressor E12 

engine 

Three portable water E4, E5 & E6 

transfer pump engines 

Two portable E7 &E8 

hydroblaster engines 

Two portable E9 & E10 

hydroblaster engines 

Portable air compressor E13 

engine 

Portable air compressor E14 

engine 

Two emergency fire E15 & E16 

water pump engines 

Emergency fire water E17 

pump engine 

62,000 gallon methanol FB-1421 

storage tank 

88,000 gallon MDEA FB-4413 

solution storage tank 

420,000 gallon naphtha FB-6001 

storage tank 

Two 756,000 gallon tar FB-6003A 

oilstorage tanks & 

FB-6003B 

420,000 gallon crude FB-6004 

phenol storage tank 

66,150 gallon methanol FB-6005 

storage tank 

120,000 gallon cresylic FB-6051 

acid storage tank 

2,100 gallon cresylic FB-6054 

acid storage tank 

23,739 gallon cresylic FB-6055 

acid storage tank 

20,000 gallon naphtha/ FB-5103B 

phenol storage tank used 

as a backup to 

FA-5116A (a vessel 

with vent gas routed to 

the Riley boilers) 

EP Pollutant/Parameter 

GE-3002 Opacity 

GE-4601 Opacity 

GE-5101 Opacity 

E12 Opacity 

E4, E5 & E6 Opacity 

See Cond. 1 O.D 

E7 &E8 Opacity 

E9 & E10 Opacity 

E13 Opacity 

See Cond. 10.D 

E14 Opacity 

E15 & E16 Opacity 

See Cond. 10.D 

E17 Opacity 

See Cond. 1 O.D 

FB-1421 See Cond. 1 O.E 

FB-4413 See Cond. 9.C 

FB-6001 See Cond. 11.A 

FB-6003A See Cond. 10.E 

& 

FB-6003B 

FB-6004 See Cond. 10.A 

& 10.B 

FB-6005 See Cond. 10.E 

FB-6051 See Con d. 1 O.A 

& 10.B 

FB-6054 See Cond. 10.A 

& 10.B 

FB-6055. See Cond. 10.A 

& 10.B 

FB-5103B See Con d. 1 O.A 

& 10.B 

Page __l1_ of 49 

PTO No. T5-F96007 

Emission/Parameter NDAC Applicable 

Limit** Requirement 

See Cond. 7 .A 33-15-03-02 

See Con d. 7 .A 33-15-03-02 

See Con d. 7 .A 33-15-03-02 

See Con d. 7 .A 33-15-03-02 

See Cond. 7.A 33-15-03-02 

See Con d. 1 O.D 

See Con d. 7 .A 33-15-03-02 

See Con d. 7 .A 33-15-03-02 

See Cond. 7 .A 33-15-03-02 

See Cond. lO.D 

See Con d. 7 .A 33-15-03-02 

See Cond. 7 .A 33-15-03-02 

See Cond. 10.D 40 CFR63, 

Subpart ZZZZ (4Z) 

See Con d. 7 .A 33-15-03-02 

See Cond. 1 O.D 40 CFR63, 

Subpart4Z 

See Cond. 1 O.E 40 CFR63, 

Subpart EEEE (4E) 

See Cond. 9.C 33-15-12-02, 

SubpartKb 

See Cond. 11.A 33-15-13-01.2, 

Subpart J 

See Cond. 10.E 40 CFR63, 

Subpart4E 

See Cond. lO.A 33-15-22-03, 

&10.B Subparts F & G 

See Cond. 10.E 40 CFR63, 

Subpart4E 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 
Emission Unit 

Description EU EP 

30,500 gallon phenol FB-6053A FB-6053A 

storage tank 

30,500 gallon phenol FB-6053B FB-6053B 

storage tank 

24,800 gallon tar oil FB-1805A FB-1805A 

tank 

24,800 gallon tar oil FB-1805B FB-1805B 

tank 

67,200 gallon mud FB-1810 FB-1810 

liquor storage tank 

30,000 gallon phenol FB-1670 FB-1670 

storage tank 

30,000 gallon FB-1671 FB-1671 

phenol/cresylic acid 

storage tank 

11,000 gallon FB-1672A FB-1672A 

phenollcresylic acid 

storage tank 

11,000 gallon cresylic FB-1672B FB-1672B 

acid storage tank 

20,000 gallon naptha/ FA-5116A FA-5116A 

phenol storage tank 

20,000 gallon naptha/ FB-5103B FB-5103B 

phenol storage tank 

10,000 gallon TEG tank FB-4701 FB-4701 

Pollutant/Parameter 

See Cond. 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

See Cond. 10.E 

See Cond. 10.E 

See Cond. 9.C 

See Cond. 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

See Cond. 9.C, 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

See Cond. 10.A 

& 10.B 

Page _ll_ of 49 

PTO No. T5-F96007 

Emission/Parameter NDAC Applicable 

Limit** Requirement 

See Con d. 1 O.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.E 40 CFR63, 

Subpart4E 

See Cond. 10.E 40 CFR63, 

Subpart4E 

See Cond. 9.C 33-15-12-02, 

Subpart Kb 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 9.C, 10.A 33-15-12-02, 

& 10.B Subpart Kb; & 

33-15-22-03, 

Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

See Cond. 10.A 33-15-22-03, 

& 10.B Subparts F & G 

* 

** 

*** 

Particulate matter (PM), when referred to in limits within this permit, is defined as the amount of filterable 

particulate present when stack testing is performed according to EPA's Method 5 or Method 1 7 protocol. 

Emission limits are based on a 1-hour average, unless otherwise noted. 

6. 

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

Ammonia Sulfate FGD Removal Efficiency: The S02 removal efficiency of the ammonium sulfate FGD 

system shall be a minimum of 93% (24-hour block average). 

Applicable Requirement: PTC 3/23/93 

7. Opacity Limits: The emission units listed in Condition 5 shall not exceed the following applicable 

opacity limits: 

A. Twenty percent, except that a maximum of forty percent is permissible for not more than one 

six-minute period per hour. This standard applies at all times. 

Applicable Requirement: NDAC 33-15-03-02 
Page _H_ of 49 

PTO No. T5-F96007 

B. Twenty percent, except that a maximum of twenty-seven percent is permissible for not more than 

one six-minute period per hour. This standard does not apply during startup, shutdown and 

malfunction. 

Applicable Requirements: NpAC 33-15-12-02, Subpart A and Subpart D 

C. Twenty percent, except that a maximum of sixty percent is permissible for not more than one 

six-minute period per hour. This standard applies at all times. 

Applicable Requirement: NDAC 33-15-03-03 

D. Twenty percent opacity or greater shall not be discharged into the atmosphere. This standard does 

not apply during startup, shutdown and malfunction. 

Applicable Requirements: NDAC 33-15-12-02, Subpart A and Subpart Y 

E. For fugitive sources, forty percent for not more than one six-minute period per hour. This standard 

applies at all times. 

Applicable Requirement: NDAC 33-15-03-03 

8. Emissions and Contingency Plan During Flue Gas Desulfurization (FGD) Malfunction: During a 

malfunction of the FGD, the combined emissions from the common main stack (EP CA-5701) and the 

bypass stack (EP CA-5101) shall be limited to the following: 

S02: 3,091lblhr (1-hour average) 

NOx: 860 lblhr (30-day rolling average) 

Opacity: See Condition 7.A and 7.B (each stack) 

In addition, action shall be taken as outlined in Dakota Gasification Company's FGD Malfunction, Air 

Pollution Control Contingency Plan, November 1995 in Attachment B ofthis permit. 

Applicable Requirement: PTC Cond. 

9. New Source Performance Standards (NSPS): In addition to complying with 40 CFR Part 60, Subpart 

A, General Provisions, the permittee shall comply with the applicable requirements of the following 40 

CFR Part 60 subparts as incorporated into Section 33-15-12-02 of the North Dakota Air Pollution Control 

Rules. Affected emission units include, but are not limited to, those identified by Condition 5 applicable 

requirements and as indicated below. 

A. Subpart D: Standards of Performance for Fossil-Fuel Fired Steam Generators for Which 

Construction Is Commenced After August 17, 1971. 
Applicable Requirement: NDAC 33-15-12-02, Subpart D 

Page ___li_ of 49 

PTO No. T5-F96007 

B. Subpart Db: Standards of Performance for Electric Utility Steam Generating Units for Which 

Construction is Commenced After September 18, 1978. 

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

C. Subpart Kb: Standards of Performance for Volatile Organic Liquid Storage Vessels (including 

~etroleum Liquid Storage Vessels) for Which Construction, Reconstruction or Modification 

Commenced after July 23, 1984. Affected emission units are FB-1810 and FB-4413. 

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

D. Subpart Y: Standards of Performance for New Stationary Sources: Coal Preparation Plants. 

Affected source units are CD-2201, CD-2202, CD-2301, CD-2501, CD-2502, CD-2701, CD-2702, 

CD-2601, CD-2602, CD-2603, CD-2604 and CD-2605. 

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

E. Subpart VVa: Standards of Performance for Equipment Leaks ofVOC in the Synthetic Organic 

Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification 

Commenced After November 7, 2006. Affected source units and requirements include but are not 

limited to the following: 

Standards/ Applicable Monitoring/Recordkeeping/ 

Area Equipment Requirements Reporting 

1600 B Connectors, valves, open-ended 40 CFR Part 60 Subpart A general 40 CFR Part 60 Subpart A 

Phenosolvan valves, pumps, pressure relief provisions general provisions 

devices, vessels 

40 CFR Part 60 Subpart VVa Leak detection and leak repair 

FP-1631A Stage A extractor Standards of Performance 

program 

FP-l631B Stage B extractor Equipment (Method 21 of Appendix A of 

FP-1631C Stage C extractor Leaks ofVOC in the Synthetic 40 CFR Part 60) 

FP-1631D Stage D extractor Organic Manufacturing industry 

FP-1631E Stage E extractor Recording keeping in 

accordance with Section 

FA -1631 Raffmate Settler 60.486a of 40 CFR 60. 

FA-1633 Extract separator 

FA-1635 Extract receiver Reporting in accordance with 

FA-1645 Chemical slop receiver Section 60.487a of 40 CFR 

Part 60. 

Applicable Requirement: 40 CFR Part 60, Subpart VVa 

10. National Emission Standards for Hazardous Air Pollutants for Source Categories (MACT): In 

addition to complying with 40 CFR Part·63, Subpart A, General Provisions, the permittee shall comply 

with the applicable requirements of the following 40 CFR Part 63 subparts as incorporated where 
Area 

Page __lQ_ of 49 

PTO No. T5-F96007 

applicable into Section 33-15-22-03 of the North Dakota Air Pollution Control Rules. Affected source 

units include, but are not limited to, those identified by Condition 5 applicable requirements and the table 

below. 

A. Subpart F: National Emissions Standards for Organic Hazardous Air Pollutants From the 

Synthetic Organic Chemical Manufacturing Industry. 

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

B. Subpart G: National Emissions Standards for Organic Hazardous Air Pollutants From the 

Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer 

Operations, and Wastewater. 

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

C. Subpart H: National Emissions Standards for Organic Hazardous Air Pollutants for Equipment 

Leaks. 

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

D. Subpart ZZZZ: National Emissions Standards for Hazardous Air Pollutants for Stationary 

Reciprocating Internal Combustion Engines. This subpart is applicable beginning May 3, 2013 to 

stationary reciprocating internal combustion engines as identified in Condition 5. 

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

E. Subpart EEEE: National Emission Standards for Hazardous Air Pollutants: Organic Liquids 

Distribution (Non-Gasoline). Although the North Dakota Department of Health (NDDH) has 

requested delegation of this subpart from EPA, until delegated EPA Region 8 remains the 

implementation and enforcement authority. Send all required reports and documentation to EPA 

Region 8 at the following address and send a copy to NDDH. 

Air & Toxics Technical Enforcement Program (8ENF-AT) 

Office ofEnforcement, Compliance & Environmental Justices 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

A ppltca 1" bl e R eqmrement: 40 CFR 63 , S upart b EEEE 

Standards/ Applicable Monitoring/Recordkeeping/ 

Equipment Requirements* Reporting 

Phenol Processing - Valves, sampling connections, - 40 CFR Part 63, Subpart - 40 CFR Part 63, Subpart A 

(Distillation, pumps, open end valves and A - General Provisions - General Provisions 

Storage and connections (heavy liquid service) 

Product Loading) - 40 CFR Part 63, Table 3 - Quarterly (calendar) leak 

- Group 2 loading rack: to Subpart F - General detection and repair 
Area Equipment 

- Crude Phenol 

(Processing Acid Flash and Storage, Area 6050 

(Area 1650) (Phenol and Cresylic Acids) 

- Phenol - Product Storage Vessel: 

Purification and 

Drying (Area FB-1670 Crude Phenol (25,000 

4700) gallons) 

FB-1671 Dehy Bottoms (25,000 

- Acid Flash and gallons) 

Storage (Area 

6050) FB-1672A Acid Flashed Phenols 

(8,000 gallons) 

FB-1672B Cresylic Acids (8,000 

gallons) 

FB-4701 Solvent (10,000 gallons) 

FB-6053A Phenol (25,000 gallons) 

FB-6053B Phenol (25,000 gallons) 

- Process Vents 

FA-1671 (Crude Phenol Processing, 

Area 1650) 

DA-4702 and DA-4703 (Phenol 

Purification and Drying, Area 4700) 

F A-6052 (Acid Flash and Storage, 

Area 6050) 

Methanol - Valves, sampling connections, 

Production: pumps, open ended valves and 

- Reactor and connections (light liquid service) plus 

Piping (Area transfer rack and flare 

4900) 

- Rail Car 

Loading (Area 

6000) 

Standards/ Applicable 

Requirements* 

Provisions Applicability 

to Subpart F, G and H 

- 40 CFR Part 63, Subpart 

F- National Emission 

Standards for Organic 

Hazardous Air Pollutants 

from the Synthetic 

Organic Hazardous 

Chemical Manufacturing 

Industry 

- 40 CFR Part 63, Subpart 

G - National Emission 

Standards for Organic 

Hazardous Air Pollutants 

from the Synthetic 

Organic Chemical 

Manufacturing, Industry, 

Process Vents, Storage 

Vessels, Transfer 

Operations and 

Wastewater 

- 40 CFR Part 63, Subpart 

H - National Emission 

Standards for Organic 

Hazardous Air Pollutants 

for Equipment Leaks 

- TRE >4 for process vents 

- Operate with instrument 

reading of <500 ppm for 

equipment leaks 

Page ..lL of 49 

PTO No. T5-F96007 

Monitoring/Recordkeeping/ 

Reporting 

programs (visual leak/no 

leak and/or EPA Reference 

Method 21 of Appendix A 

of 40 CFR Part 60) 

- Section 63.103 of 40 CFR 

Part 63, General 

Compliance, Reporting and 

Recordkeeping Provisions 
Area 

Three Riley boilers 

- BF-5100 

(A, B and S), two 

superheaters, 

start-up boiler, 700 

start-up heater, 

ammonia pant 

start-up heater and 

feed gas heater 

Stationary Diesel 

Engines 

Applicable Tar Oil 

System and 

Existing HON 

Areas (1810 and 

6000 Areas) 

I Equipment 

I Standards/ Applicable 

Requirements* 

Page~ of 49 

PTO No. T5-F96007 

I Monitoring!Recordkeeping/ 

Reporting 

Industrial Boiler and Process Heater MACT (effective date delayed indefmitely 5/18/11) 

Reciprocating Industrial Engine (RICE) NESHAP 

Organic Liquid Distribution (OLD) NESHAP; covers the same areas as the HON NESHAP 

* Applies to fugitive emissions. 

11. National Emission Standards for Hazardous Air Pollutants (NESHAPS): In addition to complying 

with 40 CFR Part 61, Subpart A, General Provisions, the permittee shall comply with the applicable 

requirements of the following 40 CFR Part 61 subparts as incorporated into Subsection 33-15-13-01.2 of 

the North Dakota Air Pollution Control Rules. Affected emission units include, but are not limited to, 

those identified by Condition 5 applicable requirements and the table below. 

A. Subpart J: National Emission Standard for Equipment Leaks (fugitive em1ss10n sources) of 

Benzene. 

Applicable Requirement: NDAC 33-15-13-01.2 Subpart J 

B. Subpart M: National Emission Standard for Asbestos. Subpart M is potentially applicable during 

facility modifications involving asbestos. 

Applicable Requirement: NDAC 33-15-13-01.2 Subpart M 

C. Subpart V: National Emission Standard for Equipment Leaks (fugitive emission sources). 

Applicable Requirement: NDAC 33-15-13-01.2 Subpart V 

Standards/ Applicable Monitoring!Recordkeeping/ 

Area Equipment Requirements Reporting 

Benzene Containing - Valves, connectors, pumps, - 40 CFR Part 61, Subpart A - - 40 CFR Part 61, Subpart A -

Equipment (Distillation, sampling systems, storage General Provisions General Provisions 

caustic washing, storage and vessel, flare and loading 

product loading): operation - 40 CFR Part 61, Subpart J - - Annual leak detection and 

National Emission Standard for repair program (EPA 

- Rectisol (Area 1400) Equipment Leaks (Fugitive Reference Method 21 of 

Emission Sources) of Benzene Appendix A of 40 CFR Part 
Area Equipment 

- Naphtha Treating (Area 

1400) 

- Boiler Fuel (Area 5100) 

- Storage and Transfer 

Operations (Area 6000) 

12. Monitoring Requirements and Conditions: 

A. Requirements 

Standards/ Applicable 

Requirements 

- 40 CFR Part 61, Subpart V -

National Emission Standard for 

Equipment Leaks (Fugitive 

Emission Sources) 

- Operate with instrument 

reading of<10,000 ppm for 

equipment leaks 

Page _1.2_ of 49 

PTO No. T5-F96007 

Monitoring!Recordkeeping/ 

Reporting 

60) 

- Recordkeeping in 

accordance with Section 

61.246 of 40 CFR Part 61, 

Recordkeeping Requirements 

- Reporting in accordance 

with Section 61.24 7 of 40 CFR 

Part 61, Reporting 

Requirements 

1) Emission unit(s) monitoring requirements: 

Monitoring NDAC 

Emission Pollutant/ Requirement Condition Applicable 

Unit Description EU EP Parameter (Method) Number Requirement 

Combined Riley boilers 1 CA-5701 so2 CEMS 12.B.1,12.B.2, PTC Cond. 

after FGD and (Common 12.B.3,12.B.4, 

superheaters discharge Main 12.B.6 & 

Stack) 12.B.7 

NOx CEMS 12.B.1' 12.B.2, PTC Cond. 

12.B.3,12.B.4, 

12.B.6 & 

12.8.7 

PM Emissions 12.8.13 & 33-15-14-06.5.a(3)(a) & 

Test/Compliance 12.8.16 33-15-14-06.10 

Assurance 

Monitoring 

(CAM) 

Opacity CEMS 12.B.1,12.B.5, 33-15-12-02, Subpart D 

12.8.6 & 

12.B.7 

Three Riley boilers 8F-5101 CA-5701 soz CEMS Concept 12.B.3 PTC Cond. 

(A, 8 & S) (Common 

Main PM CAM 12.8.16 33-15-14-06.5.a(3)(a) 

Stack) 

Two heat transfer 8F-5002 CA-5701 soz CEMS Concept; 12.B.3 PTC Cond. 

system superheaters (A&8) (Common or so2 calculation 

Main based on fuel 

Stack) characteristics 

PM Recordkeeping 12.8.9 33-15-14-06.5.a(3)(a) 
Emission Pollutant/ 

Unit Description EU EP Parameter 

Bypass stack BF-5101 CA-5101 soz 

(A, B & S) (Bypass 

& Stack) 

BF-5002 

(A&B) 

NOx 

Opacity 

Start-up heater BA-1701 BA-1701 PM 

NOX 

Opacity 

Hours of 

Operation 

Ammonia plant startup BA-4402 BA-4402 Hours of 

heater Operation 

Ammonia plant feed gas BA-4403 BA-4403 PM 

heater 

Opacity 

NOx 

co 

Ammonia plant solution FA-4427 FA-4427 co 

regeneration 

Opacity 

Ash handling GB-8201 GB-8201 PM 

(A &B) AXIBX 

(Common Opacity 

Stack) 

Ammonium sulfate GB-5807A GB-5807A PM/Opacity 

handling 

Monitoring 

Requirement 

(Method) 

CEMS 

CEMS 

CEMS 

Recordkeeping 

Emissions 

Test/O&M 

Recordkeeping 

Recordkeeping 

Recordkeeping 

Recordkeeping 

Recordkeeping 

Predictive 

Monitoring 

System 

Emissions 

Test/O&M 

Emissions 

Test/O&M 

Recordkeeping 

CAM 

Visible Emissions 

(VE) 

Observations 

CAM 

Condition 

Number 

12.B.l,12.B.2, 

12.B.3, 12.B.4, 

12.B.6 & 

12.B.7 

12.B.1,12.B.2, 

12.B.3,12.B.4, 

12.B.6 & 

12.B.7 

12.B.l, 12.B.5, 

12.B.6 & 

12.B.7 

12.B.9 

12.B.IO 

12.B.9 

12.B.l5 

12.B.15 

12.B.9 

12.B.9 

12.B.8 

12.B.IO 

12.B.IO 

12.B.9 

12.B.16 

12.B.l4 

12.B.16 

Page _lQ_ of 49 

PTO No. T5-F96007 

NDAC 

AppUcable 

Requirement 

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) 

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) 

33-15-12, Subpart Db 

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

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

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

33-15-14-06.10 

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

33-15-14-06.10 
Emission 

Unit Description EU EP 

Two Zum Keystone BF-5601-X CA-5601 

start-up boilers (#1 & #2) (Common 

Stack) 

Fourteen gasifiers with DA-1103 DA-1103 

coal lock vents A-G A-G& 

& DA-1123 

DA-1123 A-G 

A-G 

Start-up flare CB-1182 CB-1182 

Back-up flare CB-1181 CB-1181 

Main flare CB-8301 CB-8301 

Ammonia plant flare CB-4401 CB-4401 

Ammonia storage tank CB-6001 CB-6001 

flare 

Fines screenings CD-2501 & CD-2501 

CD-2502 & 

CD-2502 

(Common 

Stack) 

Upper fines silo CD-2701 CD-2701 

Lower fines silo CD-2702 CD-2702 

Secondary coal CD-2601 CD-2601 

sampling 

Gasification unit GE-1101 GE-1101 

emergency generator 

engine 

Oxygen plant GE-3002 GE-3002 

emergency generator 

engine 

Phosam unit emergency GE-4601 GE-4601 

generator engine 

Monitoring 

Pollutant/ Requirement 

Parameter (Method) 

PM Recordkeeping 

NOx Emissions 

Test/O&M 

Opacity Recordkeeping 

Hours of Recordkeeping 

Operation 

PM CAM 

TRS CAM 

Opacity VE Observations 

SOz Parameter 

Monitoring 

Opacity VE Observations 

SOz Parameter 

Monitoring 

Opacity VE Observations 

soz Parameter 

Monitoring 

Opacity VE Observations 

Opacity VE Observations 

Opacity VE Observations 

PM/Opacity CAM 

PM/Opacity CAM 

PM/Opacity CAM 

PM/ Opacity CAM 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Condition 

Number 

12.B.9 

12.8.10 

12.B.9 

12.8.15 

12.8.16 

12.8.16 

12.8.14 

12.B.l2 

12.8.12 

12.B.12 

12.B.l2 

12.B.l2 

12.B.l2 

12.8.14 

12.8.14 

12.8.16 

12.B.l6 

12.8.16 

12.8.16 

12.B.9 

12.B.9 

12.B.9 

Page _lL of 49 

PTO No. T5-F96007 

NDAC 

Applicable 

Requirement 

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) 

33-15-14-06.10 

33-15-14-06.10 

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

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

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

33-15-14-06.5.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) 

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

33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.10 

33-15-14-06.10 

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

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

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

Unit Description EU EP 

Boiler area emergency GE-5101 GE-5101 

generator engine 

Portable air compressor E12 E12 

engine 

Three portable water E4,E5 & E4, E5 & 

transfer pump engines E6 E6 

Two portable E7&E8 E7&E8 

hydroblaster engines 

Two portable E9 & E10 E9 & E10 

hydroblaster engines 

Portable air compressor E13 E13 

engine 

Portable air compressor E14 E14 

engine 

Two emergency fire E15 & E16 El5 & E16 

water pump engines 

Emergency fire water E17 E17 

pump engine 

Monitoring 

Pollutant/ Requirement 

Parameter (Method) 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Opacity Recordkeeping 

Condition 

Number 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

12.B.9 

Page 22 of 49 

PTO No. T5-F96007 

NDAC 

Applicable 

Requirement 

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) 

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) 

2) Ambient air monitoring requirements: An ambient air quality and meteorological 

monitoring program shall be operated and maintained in accordance with provisions 

specified by this Department and the May 10, 1979 Federal Register ( 40 CFR 58), as 

amended. The program shall be used to determine the ambient concentrations of 

designated pollutants in the vicinity of the plant site and to verify compliance with the North 

Dakota Ambient Air Quality Standards. The Department, at its discretion, may from time 

to time audit the performance of ambient air quality and meteorological monitoring 

equipment. 

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

B. Emission Monitoring Conditions 

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

Chapter 33-15-06 and Chapter 33-15-12 of the North Dakota Air Pollution Control Rules. 

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

Requirements. 

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

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

d) 40 CFR Part 60, Subpart Db, Section 60.48b Emission Monitoring for Particulate 

Matter and Nitrogen Oxides. 
Page _11_ of 49 

PTO No. T5-F96007 

2) Quality assurance procedures for the gaseous monitoring systems shall be those required in 

Appendix F, 40 CFR, Part 60, except as follows: 

a) For the CA-5101 (Bypass Stack) CEMS, the relative accuracy test audit (RATA) 

requirement of Appendix F will only be required when the bypass stack has operated 

more than 500 hours per calendar year. A record shall be kept of the hours of 

operation of the bypass stack. 

b) For the FGD inlet duct and superheater (reheat duct) CEMS, the relative accuracy 

test audit (RATA) requirement of Appendix F will only be required once during the 

term of the permit. 

3) The permittee shall monitor emissions in accordance with the Great Plains Synfuels Plant 

Continuous Emission Monitoring System (CEMS) Concept in Attachment C of this permit. 

For superheaters BF-5002 (A & B), the permittee may calculate compliance rather than use 

a S02 CEMS by measuring fuel characteristics at least once per week. The analytical fuel 

analysis shall be performed for sulfur content and Btu. The fuel analysis combined with 

flow measurement of the fuel consumed will be used to calculate values for S02 lb/MMBtu 

as well as FGD removal efficiency. 

4) The sulfur dioxide (S02) and nitrogen oxides (NOx) monitor data acquisition system for the 

common main stack (EP CA-5701) must be capable of providing the data so that the 

cumulative tons of S02 and NOx emissions (calendar year) may be calculated. 

5) Within one year of permit issuance, 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 of 40 CFR 60, Appendix B, 

Performance Specification 1 must be demonstrated. 

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. 

6) The Department may require additional performance audits of the CEMS. 

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

method acceptable to the Department for measuring or estimating emissions must 

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

system must be made. 

b) During periods of start-up, shutdown or malfunction of the continuous opacity 

monitor or the superheaters [EU BF-5002 (A & B)], the opacity of the main or 

bypass stack may be determined by taking two six-minute visible emission readings 
Page __21_ of 49 

PTO No. T5-F96007 

per week day. One visible emission reading may be permissible to show 

compliance on weekends and holidays. 

8) The NOx lb/1 06 Btu and NOx lb/hr emission rate for the 295 x 106 Btulhr ammonia plant 

feed gas heater (EU BA-4403) shall be predicted using the Dakota Gasification Company, 

Predictive Emission Monitoring System, Ammonia Plant Feed Gas Heater in Attachment D 

of this permit. 

9) For purposes of compliance monitoring, burning of fuels in compliance with Condition 3 

and monitoring of feed gas flow for ammonia plant solution regeneration (EU F A-4427) 

shall be considered credible evidence of compliance with any applicable opacity and 

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

test methods in 40 CFR Parts 50, 51, 60, 61, or 75 will take precedence over burning fuels in 

compliance with Condition 3 for evidence of compliance or noncompliance with any 

applicable opacity and particulate emission limit, in the event of enforcement action. 

1 0) For the emission units listed below, to provide a reasonable assurance of compliance, the 

permittee shall conduct an emissions test to measure NOx or CO emissions, using EPA 

Reference Methods in 40 CFR Part 60, Appendix A or at a minimum a portable analyzer 

method approved by the Department. A test shall consist of three runs, with each run at 

least 20 minutes in length. 

Emission Units 

BA-1701 

(Start-up Heater) 

BA-4403 

(Ammonia Plant 

Feed Gas Heater) 

FA-4427 

(Ammonia Plant 

Solution Regeneration) 

BF-5601-X 

(Zurn Keystone 

Boilers #1 & #2) 

Pollutant 

co 

co 

Frequency 

When emission unit 

has operated more 

than 500 hours in a 

six-month period 

(January-June or 

July-December). 

Within one year of 

issuance of this 

permit. 

Within one year of 

issuance of this 

permit. 

When emission unit 

has operated more 

than 500 hours in a 

six-month period 

(January-June or 

July-December). 
Page __22_ of 49 

PTO No. T5-F96007 

In addition 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 emission unit. The permittee shall have the O&M procedures available 

on-site and provide the Department with a copy when requested. 

11) 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. 

12) During each occurrence of flaring, the permittee shall calculate the S02 emission rate (lblhr) 

based on a fuel analysis and amount of gas flared. 

If the flaring lasts longer than 24 hours, the permittee shall observe the emission point. If 

no visible emissions are observed, the date and time shall be recorded. 

If visible emissions are observed, the permittee must investigate the problem within eight 

hours. Any problems that are discovered must be corrected as soon as possible. If the 

correction of the problem is expected to take longer than 24 hours, the permittee shall follow 

procedures as outlined in Condition 15.G. Following corrective maintenance, a visible 

emissions observation shall be made. 

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

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

condition shall be construed as authorizing otherwise. 

13) Within one year of issuance ofthis permit, the permittee shall conduct an emissions test to 

measure particulate emissions using EPA Test Methods in 40 CFR Part 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. 

14) At least once per week in which the emission unit is operated, a company representative 

shall observe the emission point. If no visible emissions are observed, the date and time 

shall be recorded. 

If visible emissions are observed, the permittee must investigate the problem within eight 

hours. Any problems that are discovered must be corrected as soon as possible. If the 

correction of the problem is expected to take longer than 24 hours, the permittee shall follow 

procedures as outlined in Condition 15.G. Following corrective maintenance, a visible 

emissions observation shall be made. 
Page ..1.Q_ of 49 

PTO No. T5-F96007 

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

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

condition shall be construed as authorizing otherwise. 

15) A log shall be kept of the hours of operation. 

16) Monitoring shall be conducted in accordance with the Compliance Assurance Monitoring 

(CAM) Plan in Attachment A of this permit. The measured indicator range(s) for emission 

units subject to CAM are as follows: 

Emission Unit Control Equipment/ Indicator 

Description EU/EP Pollutant Monitored Range(s) 

Three Riley boilers· BF-5101 I CA-5701 Wet ESP /PM 20% Opacity 

(common main stack) (Frequency- Continuous) 

Ash handling GB-8201A&B I GB-8201 Ash sluice water <20 gallons/minute 

AX/BX reagent scrubber scrubber flow rate 

(Frequency: hourly) 

Ammonium sulfate GB-5807 A I GB-5807 A Baghouse I PM No visible emissions 

handling (Frequency: once per 

24-hour period) 

Fourteen gasifiers with DA-1103 A-G & Ash sluice water <20 gallons/minute 

coal lock vents DA-1123 A-G I DA-1103 reagent scrubber scrubber flow rate 

A-G & DA-1123 A-G (Frequency: hourly) 

Fines screening CD-2501 & CD-2502 I Baghouse I PM No visible emissions 

CD-2501 & CD-2502 (Frequency: once per 

24-hour period) 

Upper fines silo CD-2701 I CD-2701 Baghouse I PM No visible emissions 

(Frequency: once per 

24-hour period) 

Lower fines silo CD-2702 I CD-2702 Baghouse I PM No visible emissions 

(Frequency: once per 

24-hour period) 

Secondary coal sampling CD-2601 I CD-2601 Baghouse I PM No visible emissions 

(Frequency: once per 

24-hour period) 
· 13. Recordkeeping Requirements: 

Page _1]_ of 49 

PTO No. T5-F96007 

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

table below (Monitoring Records) that includes the following information. 

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

2) The date(s) testing was performed. 

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

4) The testing techniques or methods used. 

5) The results of such testing. 

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

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

B. In addition to requirements outlined in Condition 13.A, recordkeeping for EU 1, EU B-5101 (A, B 

& C), EU BF-5002 (A & B), EU BA-4403, emission units subject to 40 CFR Part 60, Subpart Y and 

all emission units subject to NDAC 33-15-14-06.10 (40 CFR Part 64, Compliance Assurance 

Monitoring) shall be in accordance with the following applicable requirements of Chapter 

33-15-06, Chapter 33-15-12 and Chapter 33-15-14 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 Part 60, Subpart A, Section 60.7, Notification and Recordkeeping. 

3) 40 CFR Part 60, Subpart Db, Section 60.496, Reporting and Recordkeeping Requirements. 

4) 40 CFR Part 64, Section 64.9- Reporting and Recordkeeping Requirements, Paragraph (b) 

General Recordkeeping Requirements. 
Emission Unit Description EU 

Combined Riley boilers after 1 

FGD and superheaters 

discharge 

Three Riley boilers BF-5101 

(A, B & S) 

Two heat transfer system BF-5002 

superheaters (A&B) 

Bypass stack BF-5101 

(A, B & S) 

& 

BF-5002 

(A&B) 

Start-up heater BA-1701 

Ammonia plant startup heater BA-4402 

Ammonia plant feed gas BA-4403 

heater 

Monitoring Records 

Pollutant/ 

EP Parameter 

CA-5701 PM 

(Common 

Main Stack) 

so2 

NOx 

Opacity 

CA-5701 PM 

(Common 

Main Stack) so2 

CA-5701 PM 

(Common 

Main Stack) so2 

CA-5101 so2 

(Bypass 

Stack) NOx 

Opacity 

BA-1701 PM 

NOx 

Opacity 

Hours of 

Operation 

BA-4402 Hours of 

Operation 

BA-4403 PM 

NOx 

co 

Opacity 

Page~ of 49 

PTO No. T5-F96007 

Compliance 

Monitoring Record 

Emissions Test Data/CAM 

Data 

CEMS Data 

CEMS Data 

CEMS Data 

CAM Data 

S02 Calculation 

Fuel Usage 

S02 Calculation 

CEMS Data 

CEMS Data 

CEMS Data 

Type of Fuel Usage 

Emissions Test Data/O&M 

Data 

Type ofFuel Usage 

Hours of Operation 

Hours of Operation 

Type of Fuel Usage 

Predictive Emission 

Monitoring Data 

Emission Test Data/O&M 

Data 

Type of Fuel Usage 
Emission Unit Description EU 

Ammonia plant solution FA-4427 

regeneration 

Ash handling GB-8201 

(A&B) 

Ammonium sulfate handling GB-5807A 

Two Zurn Keystone start-up BF-5601-X 

boilers (#1 & #2) 

Fourteen gasifiers with coal DA-1103 A-G 

lock vents & 

DA-1123 A-G 

Start-up flare CB-1182 

Back-up flare CB-1181 

Main flare CB-8301 

Ammonia plant flare CB-4401 

Ammonia storage tank flare CB-6001 

Fines screenings CD-2501 & 

CD-2502 

Upper fines silo CD-2701 

EP 

FA-4427 

GB-8201 

AXIBX 

(Common 

Stack) 

GB-5807A 

CA-5601 

(Common 

Stack) 

DA-1103 A-G 

& 

DA-1123 A-G 

CB-1182 

CB-1181 

CB-8301 

CB-4401 

CB-6001 

CD-2501 & 

CD-2502 

(Common 

Stack) 

CD-2701 

Pollutant/ 

Parameter 

co 

Opacity 

PM 

Opacity 

PM/Opacity 

PM 

NOx 

Opacity 

Hours of 

Operation 

PM 

TRS 

Opacity 

so2 

Opacity 

so2 

Opacity 

so2 

Opacity 

Opacity 

Opacity 

PM/Opacity 

PM/ Opacity 

Page _22_ of 49 

PTO No. T5-F96007 

Compliance 

Monitoring Record 

Emissions Test Data/O&M 

Data 

Feed Gas Flow 

CAM Data 

VE Observations 

CAM Data 

Type of Fuel Usage 

Emissions Test Data/O&M 

Data 

Type of Fuel Usage 

Hours of Operation 

CAM Data 

CAM Data 

VE Observations 

Fuel Analysis & Amount of 

Gas Burned 

VE Observations 

Fuel Analysis & Amount of 

Gas Burned 

VE Observations 

Fuel Analysis & Amount of 

Gas Burned 

VE Observations 

VE Observations 

VE Observations 

CAM Data 

CAM Data 
Emission Unit Description EU 

Lower fines silo CD-2702 

Secondary coal sampling CD-2601 

Gasification unit emergency GE-1101 

generator engine 

Oxygen plant emergency GE-3002 

generator engine 

Phosam unit emergency GE-4601 

generator engine 

Boiler area emergency GE-5101 

generator engine 

Portable air compressor E12 

engme 

Three portable water transfer E4,E5 &E6 

pump engmes 

Two portable hydroblaster E7&E8 

engines 

Two portable hydroblaster E9 & E10 

engmes 

Portable air compressor E13 

engme 

Portable air compressor E14 

engine 

Two emergency fire water E15 & E16 

pumpengmes 

Emergency fire water pump E17 

engine 

EP 

CD-2702 

CD-2601 

GE-1101 

GE-3002 

GE-4601 

GE-5101 

E12 

E4,E5 &E6 

E7&E8 

E9 & E10 

E13 

E14 

E15 & E16 

E17 

Pollutant/ 

Parameter 

PM/ Opacity 

PM/ Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Opacity 

Page _]_Q_ of 49 

PTO No. T5-F96007 

Compliance 

Monitoring Record 

CAM Data 

CAM-Data 

Type of Fuel Usage 

Type ofFuel Usage 

Type ofFuel Usage 

Type ofFuel Usage 

Type of Fuel Usage 

Type of Fuel Usage 

Type ofFuel Usage 

Type of Fuel Usage 

Type of Fuel Usage 

Type of Fuel Usage 

Type of Fuel Usage 

Type of Fuel Usage 

C. The permittee shall retain records of all required compliance monitoring data and support 

information for a period of at least five years from the date of the compliance monitoring sampling, 

measurement, report, or application. Support information includes all maintenance records of the 

engines and all original strip-chart recordings/computer printouts and calibrations of the continuous 

compliance monitoring instrumentation, and copies of all reports required by the permit. 

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

14. Reporting: 

A. For EU 1, EU BF-5101 (A, B & S), EU BF-5002 (A & B), EU BA-4403, emission units subject to 

40 CFR Part 60, Subpart Y and emission units subject to 40 CFR Part 64, Compliance Assurance 

Monitoring (CAM), reporting shall be in accordance with the following applicable requirements of 

Chapter 33-15-06, Chapter 33-15-12 and Chapter 33-15-14 of the North Dakota Air Pollution 

Control Rules. 
Page _]J_ of 49 

PTO No. T5-F96007 

1) Section 33-15-06-05 of the North Dakota Air Pollution Control Ru1es, Reporting and 

Recordkeeping Requirements. 

2) 

3) 

4) 

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

40 CFR Part 60, Subpart Db, Section 60.496, Reporting and Recordkeeping Requirements. 

40 CFR Part 64, Section 64.9, Reporting and Recordkeeping Requirements, Paragraph (a) 

General Reporting Requirements. 

5) Quarterly excess emissions reports 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 as outlined in Condition 5. Excess emissions shall be reported for the 

following: 

EUIEP Parameter Reporting Period 

EP CA-5701 so2 (lb/hr) 1-hour average 

(Common Main Stack) and EP CA-5101 NOx (lb/hr) 30-day rolling average 

(Bypass Stack) OJ>acity (%) 6-minute average 

EU BF-5101 (A, B & S) so2 (lb/10° Btu) 3-hour rolling average* 

Riley Boilers 

EU BF-5002 (A & B) so2 (lb/1 oo Btu) 1-hour average 

Superheaters 

EU BA-4403 NOx lb/hr 30-day rolling average 

Ammonia Plant 

Feed Gas Heater NOx (lb/106 Btu) 30-day rolling average 

Ammonium Sulfate FGD System efficiency so2 removal 24-hour block 

(%) 

* For the purpose of determining compliance with three-hour rolling total averages in the 

permit, missing data may be substituted with an average of the last valid hour and the most 

recent data hour so long as the missing data does not last more than eight hours. 

B. For emission units where the method of compliance is demonstrated by an EPA Test Method or a 

portable analyzer test, the test report shall be submitted to the Department within 60 days after 

completion of the test. 

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

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

under Condition 12 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] 
Page _]2_ of 49 

PTO No. T5-F96007 

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

31 of each year on forms supplied or approved by the Department. 

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

E. The permittee shall submit an annual emissions inventory report on forms supplied or approved by 

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

units/activities listed in the 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 

F. The ambient air quality monitoring data and quality assurance reports must be submitted to the 

Department within 45 days of the end of the calendar quarter and must contain the following 

information either in the body of the report or the cover letter: 

1) A list of the highest and second-highest concentrations for each parameter and a list of all 

values exceeding State and Federal ambient air quality standards. The lists should contain 

the date, time, wind speed and wind direction for each of the above entries for each site. 

2) An explanation for each exceedance of the ambient air quality standard. If there are no 

exceedances, a statement should be made to that effect. 

3) A brief discussion of instrument malfunctions or significant problems that occurred during 

the quarter, and a summary of the corrective actions taken (to include locations and times). 

4) A summary of the calibrations and zero/span checks conducted for each parameter at each 

site. For the calibrations, include the slopes, intercepts, and correlation coefficients of the 

least-squares linear regressions. 

5) A computation of data recovery for each parameter at each site on a monthly basis for the 

quarter expressed in percentages (actual versus possible). Each parameter at each site is 

expected to maintain a minimum monthly data recovery rate of 80%. The reasons for 

failing to meet this requirement must be clearly explained. 

6) A list of precision checks conducted during the quarter including dates, known 

concentrations, measured concentrations, individual percentage differences, quarterly 

average percentage differences, standard deviation and 95% probability limits (Reference: 

40 CFR 58). 

7) A report of the performance audits conducted during the quarter including known and 

measured concentrations and individual percentage differences. Also include slope, 

intercept, and the correlation coefficient of the audit line and the percent difference (full 

scale). 
Page _]]__ of 49 

PTO No. T5-F96007 

The quarterly data can be submitted by electronics or email format and must be in the format 

specified in Section 3 of the Department's Site Identification and Air Quality Data Reporting 

Formats Manual. 

Applicable Requirement: PTC Cond. 

G. When an ambient air quality standard is exceeded, the following actions must be taken: 

1) The Department must be notified by telephone as soon as a potential ambient air quality 

standard violation is identified and the value(s) are validated. 

2) Written notification must be sent to the Department within 60 days of the date of the 

potential ambient air quality standard violation. The written notification must include, at a 

minimum, meteorological conditions prior to and during the period(s) in violation, the 

possible source(s) contributing to and/or causing the violation(s), and if applicable, the 

operating conditions of the source(s) prior to and during the violation period(s). 

Applicable Requirement: 33-15-14-06.5.a.(3)(a) 

15. 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 au any 

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

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

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

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

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

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

would violate the standards in Paragraphs 1), 2) and 3) ofthis 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 
Page _]_4__ of 49 

PTO No. T5-F96007 

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

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

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

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

Applicable Requirement: NDAC 33-15-04 

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

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

Applicable Requirement: NDAC 33-15-13-02 

E. Requirements for Organic Compounds Gas Disposal: 

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

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

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

the ambient air. 

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

pilot. 

Applicable Requirement: NDAC 33-15-07-02 

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

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

their specific product service and operating conditions. 

Applicable Requirement: NDAC 33-15-07-01.5 

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

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

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

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

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

Such prior notice shall include the following: 

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

and permit number. 

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

servtce. 
Page __12_ of 49 

PTO No. T5-F96007 

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 Requirements: 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. 

[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 
Page _j_Q_ of 49 

PTO No. T5-F96007 

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. 

Applicable Requirements: NDAC 33-15-01-13.3 

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

with a technology-based emission limitation under this permit was due to an emergency. To do so, 

the permittee shall demonstrate the affirmative defense of emergency through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

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

2) The permitted facility was at the time being properly operated; 
Page _]]_ of 49 

PTO No. T5-F96007 

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 ar1smg from sudden and reasonably 

unforeseeable events beyond the control ofthis source, including acts of God, which 

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

this source to exceed a technology-based emission limitation under this permit, due 

to unavoidable increases in emissions attributable to the emergency. An 

emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper 

operation, or operator error. 

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

I. Vehicles and Internal Combustion Engines: No person shall operate, or cause to be operated, 

any internal combustion engine which emits from any source any unreasonable and excessive 

smoke, obnoxious or noxious gases, fumes or vapor. 

Applicable Requirement: NDAC 33-15-08-01 

J. Prohibition of Air Pollution: 

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

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

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

pollution. 

Applicable Requirement: NDAC 33-15-01-15 
K. Performance Tests: 

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PTO No. T5-F96007 

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 Part 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 Part 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), 40 CFR 60.8, 40 CFR 61.13, 40 CFR 63.7 

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

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

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

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

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

Applicable Requirements: NDAC 33-15-11-01 through NDAC 33-15-11-04 
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PTO No. T5-F96007 

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

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

MV ACs in Subpart B: 

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

the required practices pursuant to Section 82.156. 

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

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

82.158. 

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

by an approved technician certification program pursuant to Section 82.161. 

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 Part 82 

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

Chemical Accident Prevention pursuant to 40 CFR Part 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 Part 68 

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

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

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

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

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

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

when requested. 

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

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

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

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

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

under 40 CFR 52.21(b)(2). 
Page _±Q_ of 49 

PTO No. T5-F96007 

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 

16. 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 3 3-15-14 and is to be returned to the Department upon the destruction or change 

of ownership of the source unit(s), or upon expiration, suspension or revocation of this permit. A 

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

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

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

current and new permittee has been submitted to the Department. 

Applicable Requirement: NDAC 33-15-14-06.6.d 
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PTO No. T5-F96007 

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, 2"d 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 ofthis permit is grounds for 

enforcement action, for permit termination, revocation and reissuance or modification, or for denial 

of a permit renewal application. Noncompliance may also be grounds for assessment of penalties 

under the NDCC 23-25. It shall not be a defense for a permittee in an enforcement action that it 

would have been necessary to halt or reduce the permitted activity in order to maintain compliance 

with the conditions of this permit. 

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

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

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

for modifying, re.voking 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 
Page ..R of 49 

PTO No. T5-F96007 

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(l)(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) 

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. 

Page _11_ of 49 

.PTO No. T5-F96007 

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. 

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 
Page 44 of 49 

PTO No. T5-F96007 

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. 

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

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

permitted facility that contravene the specific terms of this permit without applying for a permit 
Page ___1i_ of 49 

PTO No. T5-F96007 

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) 

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

Page _±Q_ of 49 

PTO No. T5-F96007 

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 

B. Hydrogen Sulfide Restriction: The permit shall not discharge into the ambient air hydrogen 

sulfide (H2S) in concentrations that would be objectionable on land owned or leased by the 

complainant or in areas normally accessed by the general public. For the purpose of complaint 

resolution under this section, two samples with concentrations greater than 0.05 parts per million 

(50 parts per billion) sampled at least 15 minutes apart within a two-hour period constitutes a 

violation. An ambient air analyzer designed for monitoring hydrogen sulfide (H2S) is the method 

used for determining the concentrations of emissions at the point of measurement, or other 

instrumental methods as approved by the Department. 

Applicable Requirements: NDAC 33-15-16-02.1 and NDAC 33-15-16-04 

18. Plantwide Applicability Limitations (PALs): 

A. Sulfur Dioxides and Nitrogen Oxides: 

1) The permittee shall emit less than 5,840 tons of sulfur dioxide (S02), and 3,567 tons of 

nitrogen oxides (NOx) from the entire facility in any consecutive twelve-month period. 

Emissions during periods of start-up, shutdowns, and malfunctions of the control devices 

shall be counted towards the limit during the twelve-month period. 

2) The permittee shall track emissions and calculate the monthly and consecutive 

twelve-month emissions for S02 and NOx from the entire facility in accordance with 

Attachment A to PTC10027 (found at Attachment E to this permit). 

3) The permittee shall report the monthly twelve-month rolling totals to the North Dakota 

Department of Health no later than forty-five days after the end of each quarter. 

4) The permittee shall keep documentation of any AP-42 emission factors, plant records, stack 

testing results, and mass balance or engineering calculations used to demonstrate 

compliance with Condition 18.A for a minimum of five years. 

5) The permittee shall keep documentation of quality assurance/quality control data related to 

the plant records that are used to demonstrate compliance for a minimum of five years. 

6) The permittee shall maintain a Department-approved monitoring plan for the plantwide 

applicability limitations described in Condition 18.A of this permit. The monitoring and 

record keeping plan for each of the PALs is included in Attachment E, Plantwide 

Applicability Limit Conditions. 

7) The PALs shall be effective for a period of ten years beginning on the issuance date of 

PTC10027 (i.e., 11/1/11 to 12/31/20). 
Applicable Requirements: PTC10027 and NDAC 33-15-15-01.2 

B. Greenhouse Gases: 

Page _12_ of 49 

PTO No. T5-F96007 

1) The permittee shall emit no more than 5,461,854 tons C02e of greenhouse gases (GHGs) 

from the entire facility in any consecutive twelve-month period. GHGs are as defined by 

40 CFR 52.21(b)(59). C02e (carbon dioxide equivalent) is as defined by 40 CFR 

52.21(b)(60). Emissions during periods of start-up, shutdowns, and malfunctions shall be 

counted towards the limits during the twelve-month period. 

2) The permittee shall track emissions and calculate the monthly and consecutive 

twelve-month emissions of GHGs from the entire facility in accordance with Attachment A 

to PTC11048 (found at Attachment E to this permit). 

3) The permittee shall report the monthly twelve-month rolling GHG emission totals to the 

Department on a semi-annual basis in accordance with 40 CFR 52.21(aa)(14)(i)(b). 

4) The permittee shall keep documentation of any CEMS data, AP-42 emission factors, plant 

records, stack testing results, and mass balance or engineering calculations used to 

demonstrate compliance with Condition II.A.1 of this permit for a minimum of five years. 

5) The permittee shall keep documentation of quality assurance I quality control data related to 

the plant records that are used to demonstrate compliance for a minimum of five years. 

6) The permittee shall calculate GHG emissions from the entire facility to demonstrate 

compliance with the PAL described in Condition II.A.1 of this permit using the calculation 

procedures shown in Attachment A of this permit. 

7) The PAL shall be effective for a period often years beginning on the first day ofthe month 

following issuance ofPTC11048 (i.e.: 8/1/11 to 7/31/21). 

Applicable Requirements: PTC11048 and NDAC 33-15-15-01.2 

19. PAL Renewal Application: The permittee shall submit a timely application to the Department to request 

renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier 

than 18 months from, the date of the PAL expiration. If a timely application is submitted, then the PAL 

shall continue to be effective until a revised permit with a renewed PAL is issued. Failure to submit a 

timely and complete renewal application for any PAL will result in the termination of the PAL on the PAL 

expiration date. 

A complete PAL renewal application will consist of the following: 

A. A proposed PAL level. 

B. A list of all emission units with applicable Federal or State requirements. These requirements 
Page~ of 49 

PTO No. T5-F96007 

include emission limits but also any requirement to report emissions in an emission inventory 

report. 

C. Calculation of the baseline actual emissions (with supporting documentation). 

D. The calculation procedures that the permittee proposes to use to convert the monitoring system data 

to monthly emissions and annual emissions. 

E. The sum of the potential to emit of all emissions units under the PAL (with supporting 

documentation). 

F. Any decrease in potential emissions due to the removal of permitted emission units. 

G. Reasons for the suggested renewed PAL levels. 

H. Any other information the permittee wishes the Department to consider in determining the 

appropriate level for renewing the PAL. 

Applicable Requirements: PTC10027 and NDAC 33-15-15-1.2 

20. PAL Recordkeeping Requirements: The permittee shall comply with all applicable requirements of 40 

CPR 52.21(aa)(13). The permittee shall retain a copy of the following: 

A. A determination of each emissions unit's 12-month rolling total emissions for a period of 5 years 

from the date of such record. 

B. A copy of the PAL permit application and any applications for revisions to the PAL for the duration 

ofthe PAL effective period plus 5 years. 

C. All records necessary to determine compliance with any requirement of 40 CFR 52.21(aa) for 5 

years from the date of such record. 

Applicable Requirements: PTC10027 and NDAC 33-15-15-1.2 

21. PAL Reporting and Notification Requirements: The permittee shall submit semi-annual monitoring 

reports and prompt deviation reports to the Department in accordance with the applicable Title V Permit to 

Operate for the facility. The reports shall meet the requirements in 40 CFR 52.21(aa)(14)(i) through (iii). 

Applicable Requirements: PTC10027 and NDAC 33-15-15-1.2 

22. Increasing a PAL During the PAL Effective Period: To increase a PAL during the effective period, the 

permittee must comply with the provisions of 40 CFR 52.21(aa)(ll)(i)(a) through (d). 

Applicable Requirements: PTC10027 and NDAC 33-15-15-1.2 
Page _12_ of 49 

PTO No. T5-F96007 

23. PAL Requirements: The permittee shall comply with all applicable requirements of 40 CPR 52.21(aa) 

and nothing in this permit shall authorize otherwise. 

Applicable Requirements: PTC10027 and NDAC 33-15-15-1.2