ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

NORTH DAKOTA Bismarck, ND 58501-1947 

DEPARTMENT oj HEALTH 701.328.5200 (fax) 

www.ndhealth.gov 

July 6, 2009 

Ms. Amy Platt (AP-AR) 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: SIP Revision 

frMj : 

Dear Ms. Platt 

On April 9, 2009, the Depmtment submitted revisions to the State Implementation Plan including 

changes to Chapters 33-15-02, "Ambient Air Quality Standards" and Chapter 33-15-14, 

"Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, 

Title V Permit to Operate". The regulations that were submitted contained some errors. These 

errors have now been corrected by the North Dakota Legislative Council and the revised rules 

published on July 1, 2009 in the North Dakota Administrative Code. Enclosed is a copy of the 

revised rules. The two corrections were for: 1) the ambient air quality standard for ozone in 

Table I of Chapter 33-15-02 and 2) Suhsection 33-15-14-01.14, in the suhsection the word 

"major" was added. Please replace the previously submitted rules wilh these revised rules. 

If you have any questions, please feel free to contact me. 

Sincerely, 

Tom Bachman 

Senior Engineer 

Division ofAir Quality 

TB:cse 

Ene: 

Environmental Health 

Section Chiefs Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

Division of 

Municipal Facilities 

701.328.5211 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210 

Printed on recycled paper. 

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Ozone 0.075 parts per million (147 micrograms per cubic meter of 

air) daily maximum 8-hour average concentration. The 

standard is met when the three-year average of the 

annual fourth-highest daily maximum 8-hour average 

concentration at an arrlbient air quality monitoring site 

is less than or equal to 0.075 ppm, as determined in 

accordance with 40 CFR 50, Appendix P. 

Nitrogen 

Dioxide 

0.053 parts per million (100 micrograms per cubic meter of 

air), maximum annual arithmetic mean 

Lead 1.5 micrograms per cubic meter of air, maximum arithmetic 

mean averaged over a calendar quarter 

History: Amended effective December 1, 1994; April 1, 2009. 

Table 2. NATIONAL AMBIENT AIR QUALITY STANDARDS 

Air Contarrlinant Standards 

(Maximum Permissible Concentrations) 

Sulfur oxides 0.030	 parts per million (80 micrograms per cubic 

(sulfur dioxide)	 meter of air) maximum annual arithmetic mean 

concentration, not to be exceeded in a calendar 

year 

0.14	 parts per million (365 micrograms per cubic meter 

of air) maximum 24-hour concentration, not to be 

exceeded more than once per calendar year 

0.5	 parts per million (1300 micrograms per cubic 

meter of air) maximum 3-hour concentration, not 

to be exceeded more than once per calendar year 

History: Amended effective September 1, 1998. 

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CHAPTER 33-15-14
 

DESIGNATED AIR CONTAMINANT SOURCES, PERMIT TO CONSTRUCT,
 

MINOR SOURCE PERMIT TO 'OPERATE, TITLE V PERMIT TO OPERATE
 

Section 

33-15-14-01 Designated Air Contaminant Sources 

33-15-14-01.1 Definitions 

33-15-14-02 Permit to Construct 

33-15-14-03 Minor Source Permit to Operate 

33-15-14-04 Perrriit Fees [Repealed] 

33-15-14-05 Common Provisions Applicable to Both Permit to Construct 

33-15-14-06 

33-15-14-07 

and Permit to Operate [Repealed] 

Title V Permit to Operate 

Source' Exclusions From Title V Permit 

Requirements 

to Operate 

33-15-14-01. Designated air contaminant sources. Pursuant to 

subsection 1 of North Dakota Century Code section 23-25-04, stationary sources 

within the following source categories are designated as air contaminant sources 

~pable of causing or contributing to air pollution, either directly or indirectly. 
10.	 Any source which emits a contaminant subject to a national emission 

standard for hazardous air pollutants (40 CFR 61). 

11.	 Any source which is subject to review under federal prevention of 

significant deterioration of air quality regulations (40 CFR 51.166). 

12.	 Any source which is determined by the department to have an emission 

which affects state ambient air quality standards or the other provisions 

of chapter 33-15-02. 

13.	 Any source subject to title V permitting requirements in section 33-15­

. 14-06. 

14.	 Any major source to which a national emission standard for hazardous 

air pollutants for source ,categories (40 CFR 63) would apply. 

15.	 Other sources subject to a standard or requirement under the Federal 

Clean Air Act as amended. 

History: Amended effective October 1, 1987; March 1, 1994; August 1, 1995;
 

April 1,2009.
 

General Authority: NDCC 23-25-03, 23-25-04, 23-25-04.1
 

Law Implemented: NDCC 23-25-04, 23-25-04.1
 

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