AIR POLLUTION CONTROL

MINOR SOURCE

PERMIT TO OPERATE

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

North Dakota, and in reliance on statements and representations heretofore made by the owner designated below, 

a Permit to Operate is hereby issued authorizing such owner to operate the source unit(s) at the location 

designated below. This Permit to Operate is subject to all applicable rules and orders now or hereafter in effect

of the North Dakota Department of Health and to any conditions specified below:

1. Permittee:

A. Name:

Dakota Gasification Co.

B. Address:

420 County Road 26

Beulah, ND 58523-0400

2. A. Permit Number: O06003

Renewal No.: 1

Revision No.: 0

B. Permit Description:

True Minor Source: 

NDAC 33-15-14-03

3. Installation Location:

SW1⁄4, Sec. 35, T157N, R95W

Williams County, North Dakota

4. Installation:

Flare-Pipeline Pumping Station

5. Expiration Date:

June 12, 2016

6. Source Unit(s):

Emission Unit

Description

Emission Unit

(EU)

Emission Point

(EP)

Air Pollution Control

Equipment

Stationary enclosed flare rated at a 

maximum capacity of 3,000 scfh

1 1 None

CONDITIONS

7. A. Emission Limits: Emission limits from the operation of the major source unit(s) identified in

Item 6 of this Permit to Operate (hereafter referred to as "permit") are as follows. Minor source
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units not listed are subject to the applicable emission limits specified in the North Dakota Air

Pollution Control Rules.

Emission Unit Description EU EP Pollutant/Parameter Emission Limit

Stationary Enclosed Flare (20 feet) 1 1 SO2

Opacity

10.0 lb/hr

20% (40%*)

* Permissible for not more than one six-minute period per hour.

B. Fuel Restrictions: EU1 fuel gas is restricted to natural gas containing no more than 2 grains of 

sulfur per 100 standard cubic feet or commercial propane as defined by the Gas Processors 

Association.

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

requirements in NDAC 33-15-17.

D. Odor Restrictions: The owner/operator shall not discharge into the ambient air any 

objectionable odorous air contaminant which is in excess of the limits established in NDAC 

33-15-16.

The owner/operator 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, two samples 

with concentrations greater than 0.05 parts per million (50 parts per billion) sampled at least 15 

minutes apart within a 60-minute period and measured in accordance with Section 33-15-16-04 

constitute a violation.

E. Waste Gas and Temperature Recording: The H2S content of the waste gas shall not exceed 

2.0%. The combustion zone temperature shall be 1200oF or higher and monitored at all times 

during the combustion of waste gas. A lower combustion zone temperature may be established, 

provided it is demonstrated that a 99% destruction efficiency is achieved at the lower combustion 

zone temperature. Records shall be maintained of the H2S content of the waste gas and the 

combustion zone temperature. These records shall be kept for at least five years and shall be

made available to the Department upon request.

F. Operation of Flare: The flare must be equipped and operated with an automatic ignitor or a 

continuous burning pilot which must be maintained in good working order. This is required even 

if the flare is used for emergency purposes only. A continuous burning pilot is required if the 

department determines that an automatic ignition system is ineffective due to production 

characteristics. The flare stack must be of sufficient height to allow for adequate dispersion of 

sulfur dioxide (SO2) necessary to meet the requirements of Chapter 33-15-02.

G. Annual Emission Inventory/Annual Production Reports: The owner/operator shall submit an 

annual emission inventory report or an annual production report, upon request, on forms supplied 

or approved by the Department.
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H. Source Operations: Operations at the installation shall be in accordance with statements, 

representations, procedures and supporting data contained in the initial application, and any 

supplemental information or renewal application(s) submitted thereafter. Any operations not 

listed in this permit are subject to all applicable North Dakota Air Pollution Control Rules. 

I. Alterations, Modifications or Changes: Any alteration, repairing, expansion, or change in the 

method of operation of the source which results in the emission of an additional type or greater

amount of air contaminants or which results in an increase in the ambient concentration of any air 

contaminant, must be reviewed and approved by the Department prior to the start of such 

alteration, repairing, expansion or change in the method of operation.

J. Recordkeeping: The owner/operator shall maintain any compliance monitoring records required 

by this permit or applicable requirements. The owner/operator shall retain records of all required 

monitoring data and support information for a period of at least five years from the date of the 

monitoring sample, measurement, report or application. Support information may include all 

calibration and maintenance records and all original strip-chart recordings/computer printouts for 

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

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

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

Restricted.

L. Organic Compounds Emissions: The stationary enclosed flare shall comply with the 

requirements of NDAC 33-15-07, Control of Organic Compounds Emissions.

M. Nuisance or Danger: This permit shall in no way authorize the maintenance of a nuisance or a 

danger to public health or safety.

N. Malfunction Notification: The owner/operator shall notify the Department as soon as possible 

during normal working hours of any malfunction which can be expected to last longer than 

twenty-four hours and can cause the emission of air contaminants in violation of applicable rules 

and regulations. Immediate notification to the Department is required for any malfunction that 

would threaten health or welfare, or pose an imminent danger

O. Permit Renewal and Invalidation: This permit shall be effective from the date of its issuance 

until the date specified in Item 5 unless sooner suspended, revoked or surrendered. Application 

for renewal of this permit shall be submitted ninety days prior to such expiration date. The 

Department shall approve or disapprove the renewal of the permit within ninety days of receipt of 

the renewal application.

P. Change of Ownership: This permit may not be transferred without prior approval from the 

Department.

Q. 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 at which the source listed in Item 3 
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of this permit is located at any time for the purpose of ascertaining the state of compliance with 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.

R. Other Regulations: The owner/operator of the source unit(s) described in Item 6 of this permit 

shall comply with all State and Federal environmental laws and rules. In addition, the 

owner/operator shall comply with all local burning, fire, zoning, and other applicable ordinances, 

codes, rules and regulations.

S. Permit Issuance: This permit is issued in reliance upon the accuracy and completeness of the 

information set forth in the application. The conditions of this permit herein become, upon the 

effective date of this permit, enforceable by the Department pursuant to any remedies it now has, 

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

23-25. Each and every condition of this permit is a material part thereof, and is not severable.

T. Sampling and Testing: The Department may require the owner/operator to conduct tests to 

determine the emission rate of air contaminants from the source. The Department may observe 

the testing and may specify testing methods to be used. A signed copy of the test results shall be 

furnished to the Department within 60 days of the test date. The basis for this condition is NDAC 

33-15-01-12 which is hereby incorporated into this permit by reference. To facilitate preparing 

for and conducting such tests, and to facilitate reporting the test results to the Department, the 

owner/operator shall follow the procedures and formats in the Department’s Emission Testing 

Guideline.

 FOR THE NORTH DAKOTA

 DEPARTMENT OF HEALTH

Date By 

 Terry L. O’Clair, P.E.

 Director

 Division of Air Quality