### 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, e ffective also as of April 1,

2009.

(c) Evidence that the State ha s 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 incorporati on 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, whenev er 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 Pl an 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, PM 2.5

(b) Identification of the lo cations 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 change s in plan allowable emissions from the affected sources; estimates of changes in current

actual emission from affected s ources or, where appropriate, quantification of changes in actual emission from affected sources through calculations of the differences between

certain baseline levels and allo wable 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 pr otected 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 Unde r Section 110(a)(2)(D)(i)

for the 8-Hour Ozone and PM 2.5 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 cont ains 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 technol ogical justifications required by any applicable EPA policies. NA