Domenico Mastrangelo January 14, 2010 

 Completeness Checklist 

State of North Dakota’s April 6, 2009 SIP Revisions Submittal: Air Pollution Control Rules for the 

Prevention of Significant Deterioration and Interstate Transport for the 1997 8-hour Ozone and PM2.5 

NAAQS, Section 7.8 

40 CFR 51 APPENDIX V CRITERIA SUBMITTAL ITEM

2.1 Administrative Materials 

(a) A formal letter of submittal from the Governor or his 

designee, requesting EPA approval of the plan or revision 

thereof (hereafter "the plan"). 

Letter from Governor dated April 6, 2009. 

(b) Evidence that the State has adopted the plan in the State 

code or body of regulations; or issued the permit, order, 

consent agreement (hereafter "document") in final form. That 

evidence shall include the date of adoption or final issuance as 

well as the effective date of the plan, if different from the 

adoption/issuance date. 

The North Dakota Interstate Transport for the 1997 8-

hour Ozone and PM2.5 NAAQS, effective April 1, 

2009, and revisions to Chapter 33-15-15 of the North 

Dakota Administrative Code, Prevention of Significant 

Deterioration of Air Quality, effective also as of April 1, 

2009. 

(c) Evidence that the State has the necessary legal authority 

under State law to adopt and implement the plan. 

February 2, 2009 North Dakota Attorney General’s 

Opinion. 

North Dakota Century Code (NDCC) 23-25-02 and 23-

25-03. 

(d) A copy of the actual regulation, or document submitted 

for approval and incorporation by reference into the plan, 

including indication of the changes made to the existing 

approved plan, where applicable. The submittal shall be a 

copy of the official State regulation/document signed, 

stamped, dated by the appropriate State official indicating that 

it is fully enforceable by the State. The effective date of the 

regulation/document shall, whenever possible, be indicated in 

the document itself. 

Copy of the final Interstate Transport SIP for the 1997 

8-hour Ozone and PM2.5 NAAQS (issued April 1, 

2009) was submitted as subsection 7.8.1 of the new 

Section 7.8 of the North Dakota State Implementation 

Plan for the Control of Air Pollution. 

Copy of the final revisions of Chapter 33-15-15 of the 

North Administrative Code, Prevention of Significant 

Deterioration of Air Quality, was submitted as part of 

Section IV, Revisions to the Air Pollution Control Rules 

of the State of North Dakota, Appendix C to the North 

Dakota State Implementation Plan for the Control or Air 

Pollution. 

Governor submitted revisions. 

(e) Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan. 

2/2/09 Attorney General’s Opinion Letter. 

Summary of Proceedings 

Hearings Record 

(f) Evidence that public notice was given of the proposed 

change consistent with procedures approved by EPA, 

including the date of publication of such notice. 

See submittal’s Section II, Hearing Record: copies of 

the October 7, 2008 public hearing notice and affidavits 

for major newspapers, and invoices for publication in 

numerous community newspapers (8/13/08-9/3/08). 

(g) Certification that public hearings(s) were held in 

accordance with the information provided in the public notice 

and the State's laws and constitution, if applicable. 

See the October 7, 2008 “Certification of Public 

Hearing” signed by Tom Bachman/State of North 

Dakota Department of Health (in submittal’s Section II, 

Hearing Record.) 

(h) Compilation of public comments and the State's response 

thereto. 

See public comments and transcripts of hearing, in 

submittal’s Section II, Hearing Record. 
2.2 Technical Support 

(a) Identification of all regulated pollutants affected by the 

plan. 

Nitrogen dioxide, Ozone, PM2.5

(b) Identification of the locations of affected sources 

including the EPA attainment/nonattainment designation of 

the locations and the status of the attainment plan for the 

affected areas(s). 

The State of North Dakota is in attainment for the 1997 

24-hour and annual PM2.5, and for the 8-Hour ozone 

Standards. 

(c) Quantification of the changes in plan allowable emissions 

from the affected sources; estimates of changes in current 

actual emission from affected sources or, where appropriate, 

quantification of changes in actual emission from affected 

sources through calculations of the differences between 

certain baseline levels and allowable emissions anticipated as 

a result of the revision. 

NA – General plan change. 

(d) The State's demonstration that the national ambient air 

quality standards, prevention of significant deterioration 

increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved 

and implemented. 

NA – General plan change. 

(e) Modeling information required to support the proposed 

revision, including input data, output data, models used, 

justification of model selections, ambient monitoring data 

used, meteorological data used, justification for use of offsite 

data (where used), modes of models used, assumptions, and 

other information relevant to the determination of adequacy of 

the modeling analysis. 

NA. For Interstate Transport requirements of CAA 

Section 110(a)(2)(D)(i), modeling analysis is an option, 

but not a requirement. See the August 15, 2006 EPA 

guidance memorandum: "Guidance for State 

Implementation Plan (SIP) Submissions to Meet Current 

Outstanding Obligations Under Section 110(a)(2)(D)(i) 

for the 8-Hour Ozone and PM2.5 National Ambient Air 

Quality Standards.” 

(f) Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology. 

NA – no new emission limits established by SIP 

revision. 

(g) Evidence that the plan contains emission limitations, work 

practice standards and record keeping/reporting requirements, 

where necessary, to ensure emission levels. 

NA 

(h) Compliance/enforcement strategies, including how 

compliance will be determined in practice. 

NA 

(i) Special economic and technological justifications required 

by any applicable EPA policies. 

NA