-State of--

North Dakota 

Office of the Governor 

Jack Dalrymple 

Governor 

U.S. EPA Administrator 

c/o Mr. James Martin 

Regional Administrator (8-RA) 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

March 7, 2013 

Re: North Dakota State Implementation Plan for the 2008 Ozone NAAQS, 2010 

Sulfur Dioxide NAAQS and 2010 Nitrogen Dioxide NAAQS 

Dear Mr. Martin: 

The North Dakota Department of Health has reviewed its State 

Implementation Plan (SIP) for the control of air pollution to determine if the SIP is 

adequate for implementing the 2008 Ozone NAAQS, 2010 Sulfur Dioxide NAAQS 

and 2010 Nitrogen Dioxide NAAQS. Attached to this letter are documents which 

demonstrate that the required elements are included in the existing SIP except for the 

Conflict of Interest requirements under the Clean Air Act Section 128. The 

Department of Health is submitting under separate cover a SIP revision which 

includes the Conflict of Interest requirements. 

If you have any questions regarding this submittal, please contact Terry 

O'Clair, Division of Air Quality, North Dakota Department of Health at (701)328-

5188. 

Sincerely, 

K-~ Governor 

Enc: 

C: L. David Glatt, Chief, Environmental Health Section 

Terry O'Clair, Director, Division of Air Quality 

37:68:56 

600 E Boulevard Ave. • Bismarck, ND 58505-0001 • Phone: 701.328.2200 • Fax: 701.328.2205 • www.govemor.nd.gov 
1 

North Dakota Certification 

Clean Air Act 

Section 110(a)(1) and (2) Requirements 

2010 Nitrogen Dioxide NAAQS 

Under the Clean Air Act (CAA), States must submit State Implementation Plans (SIPs) to assure 

compliance with the National Ambient Air Quality Standards (NAAQS). Sections 110(a)(1) and 

(2) of the Clean Air Act (CAA) require states to adopt and submit to the U.S. EPA 

“infrastructure” SIPs that address basic program elements to implement, maintain, and enforce 

new or revised standards including requirements for emissions inventories, monitoring, and 

modeling among other elements. Each of the basic or infrastructure requirements is listed below 

along with the corresponding State regulation, State statute or SIP element that implements the 

requirement. 

Emission limits and other control measures: Section 110(a)(2)(A) of the Clean Air Act 

requires SIPs to include enforceable emission limits and other control measures, means or 

techniques, schedules for compliance, and other related matters. 

The North Dakota Air Pollution Control Rules (NDAC 33-15) establishes control requirements 

for nitrogen oxides (NOX) emissions including nitrogen dioxide (NO2). The following 

regulations address the required control measures, means and techniques. 

Chapter 

33-15-01 General Provisions 

 This chapter establishes prohibitions against creating air pollution and provides

 for the enforcement of all air pollution control rules. The chapter provides that all 

 excess emissions, including emission during startup/shutdown and malfunction, 

 are subject to enforcement action. 

33-15-02 Ambient Air Quality Standards 

This chapter establishes a state ambient air quality standard (SAAQS) for nitrogen 

dioxide that is identical to the NAAQS. 

33-15-04 Open Burning Restrictions 

 The chapter prohibits open burning unless specifically authorized. 

 
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33-15-12 Standards of Performance for New Stationary Sources 

 The chapter incorporates by reference the standards in 40 CFR 60. 

33-15-13 Emission Standards for Hazardous Air Pollutants 

 The chapter incorporates the standards in 40 CFR 61. 

33-15-14 Designated Air Contaminant Sources, Permit to Construct, Minor 

 Source Permit to Operate, Title V Permit to Operate 

 The chapter provides a preconstruction permitting program for both major and 

 minor sources, a federally enforceable state operating permit program (FESOP) 

 for minor sources, and a Title V Permit to Operate program for major sources. 

33-15-15 Prevention of Significant Deterioration of Air Quality 

 The chapter incorporates by reference the PSD requirements in 40 CFR 52.21. 

33-15-17 Restriction of Fugitive Emissions 

 The chapter establishes criteria for the control of fugitive emissions (including 

 nitrogen oxides emissions). 

33-15-18 Stack Heights 

 The chapter prohibits dispersion of air contaminants through the use of stacks that 

 exceed good engineering practice (GEP). 

33-15-19 Visibility Protection 

 The chapter establishes requirements for the review of major stationary sources 

 and prohibits a source from having an adverse impact on any Class I area. 

33-15-21 Acid Rain Program 

This chapter incorporates by reference the requirements of 40 CFR 72, 75 and 76. 

33-15-22 Emission Standards for Hazardous Air Pollutants for Source Categories 

 This chapter incorporates by reference the standards in 40 CFR 63. 

33-15-25 Regional Haze Requirements 
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 The chapter provides for the application of Best Available Retrofit Technology 

 (BART) to affected sources. 

A copy of these rules is attached to this document. 

The North Dakota Century Code (NDCC), Chapter 23-25, Air Pollution Control (Appendix B of 

SIP), in Section 23-25-03 provides the following general authority to regulate sources of NO2. 

This section states that the Department shall: 

NDCC 23-25-03.6 - Provide rules and regulations relating to the construction of any new 

direct or indirect air contaminant source or modification of any existing direct or 

indirect air contaminant source which the Department determines will prevent the 

attainment or maintenance of any ambient air quality standard, and require that prior to 

commencing construction or modification of any such source, the owner or operator 

thereof shall submit such information as may be necessary to permit the Department to 

make such determination. 

NDCC 23-25-03.7 – Establish ambient air quality standards for the state which may vary 

according to appropriate areas. 

NDCC 23-25-03.8 – Formulate and promulgate emission control requirements for the 

prevention, abatement, and control of air pollution in this state including achievement of 

ambient air quality standards. 

Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA requires SIPs 

to provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to monitor, compile, and analyze data on ambient air quality, and upon 

request, make such data available to EPA. 

The 2011 Annual Monitoring Network Plan for North Dakota (submitted to EPA in July, 2010 

and approved September 2010) provides for an ambient air quality monitoring system in the 

State. North Dakota currently operates seven ambient monitoring sites for NO2. In addition, 

industries in North Dakota are required to operate an additional two sites. 

NDCC 23-25-03 provides the authority for the Department to conduct ambient air monitoring. 

This subsection states that the Department shall: 

 NDCC 23-25-03.2 – Determine by scientifically oriented field studies and sampling the 

degree of air pollution in the state and the several parts thereof. 

NDCC 23-25-03.10 – Require the owner or operator of a regulated air contaminant 

source to establish and maintain such records; make such reports; install, use, and 

maintain such monitoring equipment or methods; sample such emissions in accordance 

with such methods, at such locations, intervals, and procedures; and provide such other 

information as may be required. 
4 

Ambient monitoring is covered in Chapter 6 of the North Dakota SIP. It provides for the design 

and operation of a monitoring network, reporting of data obtained from the monitors, and annual 

network review including notification to EPA of any changes, and public notification of 

exceedances of NAAQS. 

Program for enforcement of control measures: Section 110(a)(2)(C) requires SIPs to include 

a program providing for enforcement of all SIP measures and the regulation of construction of 

new or modified stationary sources as necessary to assure that the NAAQS are achieved, 

including a permit program as required in parts C and D. 

NDCC 23-25-10, Enforcement – Penalties – Injunctions, provides authority for enforcement of 

the North Dakota Air Pollution Control Rules (NDAPCR) and specifies the potential penalties 

for such violation. NDAC 33-15-01-17, Enforcement, provides general interpretation of 

enforcement of the NDAPCR. 

 

The following regulations within the NDAPCR and the North Dakota SIP provide for the 

permitting of sources of NOX: 

NDAC 33-15-14-02 : Permit to Construct 

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

 NDAC 33-15-14-06 : Title V Permit to Operate 

 NDAC 33-15-15 : Prevention of Significant Deterioration 

NDAC 33-15-15 contains all federal PSD regulations through January 1, 2012. These rules also 

incorporate EPA’s Tailoring Rule. NDAC 33-15-14-02 and 33-15-14-03 provide a 

preconstruction and operating permit program for minor sources of NOX emissions. 

Authority for the permitting programs is found in NDCC 23-25-03 which states that the 

Department shall: 

NDCC 23-25-03.6 - Provide rules and regulations relating to the construction of any new 

direct or indirect air contaminant source or modification of any existing direct or 

indirect air contaminant source which the Department determines will prevent the 

attainment or maintenance of any ambient air standard, and require that prior to 

commencing construction or modification of any such source, the owner or operator 

thereof shall submit such information as may be necessary to permit the Department to 

make such determination. 

and 

NDCC 23-25-04.1 - Permits and Registration 

1. No person shall construct, install, modify, use or operate an air contaminant 

source designated by regulation, capable of causing or contributing to air 
5 

pollution, either directly or indirectly, without a permit from the Department or in 

violation of any conditions imposed by such permit.

2. The Department shall provide for the issuance, suspension, revocation, and 

renewal of any permits which it may require pursuant to this section. 

3. The Department may require that applications for such permits shall be 

accompanied by plans, specifications, and such other information as it deems 

necessary. 

4. Possession of an approved permit or registration certificate does not relieve any 

person of the responsibility to comply with applicable emission limitations or with 

any other provision of law or regulations adopted pursuant thereto and does not 

relieve any person from the requirement that that person possess a valid 

contractor’s license issued under Chapter 43-07. 

5. The Department by rule or regulation may provide for registration and 

registration renewal of certain air contaminant sources in lieu of the permit 

required pursuant to this section. 

6. The Department may exempt by rule or regulation certain air contaminant 

sources from the permit or registration requirements set forth in this section when 

the Department makes a finding that the exemption of such sources of air 

contaminants will not be contrary to section 23-25-01.1. 

Interstate transport: Section 110(a)(2)(D) of the CAA requires SIPs to contain adequate 

provisions prohibiting any source or other type of emissions activity in one State from 1) 

contributing significantly to nonattainment of the National Ambient Air Quality Standards 

(NAAQS), 2) interfering with maintenance of the NAAQS, and 3) interfering with measures 

required to prevent significant deterioration or interfering with the implementation of plans 

related to regional haze or visibility in another State. 

The following regulations and SIP provisions address interstate transport: 

 NDAC 33-15-15 : Prevention of Significant Deterioration 

 NDAC 33-15-19 : Visibility Protection 

 NDAC 33-15-25 : Regional Haze Requirements 

 SIP Section 7.8 : Interstate Transport of Air Pollution 

SIP : North Dakota State Implementation Plan for Regional 

 Haze (February 24, 2010) 

NDCC 23-25-03 states that the Department shall: 

NDCC 23-25-03.6 – Provide rules and regulations relating to the construction of any 

new direct or indirect air containment source or modification of any existing direct or 
6 

indirect air containment source which the Department determines will prevent the 

attainment or maintenance of any ambient air quality standard, and require that prior to 

commencing construction or modification of any such source, the owner or operator 

thereof shall submit such information as may be necessary to permit the Department to 

make such determination. 

A. Significant Contribution Requirement of Section 110(a)(2)(D)(i)(I). 

Section 110(a)(2)(D)(i)(I) specifically provides that each state’s SIP must contain 

adequate provisions to prohibit air pollutant emissions from within the state that 

significantly contribute to nonattainment of the NAAQS in any other state. The state’s 

submission must explain whether or not emissions from the state have this impact and, if 

so, address the impact. 

There are no areas designated non-attainment for the NO2 NAAQS. Therefore, North 

Dakota sources do not significantly contribute to non-attainment areas. 

B. Interfere with Maintenance Requirement of Section 110(a)(2)(D) 

Section 110(a)(2)(D)(i)(I) specifically provides that each state’s SIP must contain 

adequate provisions to prohibit air pollutant emissions from within the state that interfere 

with maintenance of the NAAQS in any other state. States’ submission must address this 

independent requirement of the statute. This provision requires evaluation of impacts on 

areas of other states that are meeting the nitrogen dioxide NAAQS, not merely areas 

formerly designated nonattainment that are subject to maintenance SIP. Therefore, the 

SIP must explain whether or not emissions from the state have this impact and, if so, 

address the impact. 

The only maintenance area for NO2 in the U.S. is the South Coast Air Basin in California. 

This maintenance area is located approximately 1,100 miles southwest of the North 

Dakota border in a direction that does support frequent transport of air pollution. 

North Dakota collects NO2 ambient monitoring data from several sites. Data from these 

sites, and others operated by industry, indicate very low ambient concentrations of NO2 as 

shown in the following table: 

NO2 

1-Hour Design Values 

(parts per billion) 

Year Beulah Bismarck Dunn 

Center 

Fargo Lostwood TRNPNU Hannover DGC 

#12 

DGC 

#17 

 

2008 21.7 35.7 13.7 37.7 13.7 7.7 22.0 21.7 21.7 

2009 23.3 37.3 12.7 39.0 15.7 7.3 21.7 22.0 21.0 

2010 24.3 37.7 13.0 41.7 17.7 8.3 21.0 23.3 21.7 
7 

2011 24.7 38.0 10.7 42.0 17.3 9.0 17.3 22.7 21.7 

In North Dakota, NOX emissions have been steadily declining (see Attachment 21). 

Since 2002, point source emissions have decreased 30% from 87,689 tons to 61,266 tons 

in 2011. The Regional Haze SIP is expected to decrease NOX emissions by an additional 

10% by 2018. As emissions decrease, any contribution to other States’ ambient 

concentrations will also decrease. 

Based on the above, North Dakota believes its SIP is adequate to prohibit NOX emissions 

that will prevent or interfere with the maintenance of the NAAQS in any other state. 

C. PSD sub-element of 110(a)(2)(D)(i)(II) and 110(a)(2)(J): 

 These sections require that sources in North Dakota may not interfere with measures 

required to be included in the SIP for any other State under Part C to prevent significant 

deterioration of air quality and requires North Dakota to have in place a prevention of 

significant determination program for sources in the North Dakota. 

The Department has adopted the Federal PSD rules by reference as they exist on January 

1, 2012. These rules incorporate all existing requirements for nitrogen oxides. The PSD 

rules require compliance with the 2010 nitrogen dioxide NAAQS incorporated in NDAC 

33-15-02. 

D. Visibility sub-element of 110(a)(2)(D)(i)(II) and 110(a)(2)(J): 

 These sections require that sources in North Dakota may not interfere with measures 

required for any other state for visibility protection and requires North Dakota to have inplace measures to protect visibility in North Dakota Class I areas. 

 North Dakota has in place a SIP to address visibility impairment for major source (PSD) 

permitting (NDAC 33-15-15), specific visibility impairment (RAVI) and plume blight 

(NDAC 33-15-19). To date, no sources in North Dakota have been identified as causing 

“reasonably attributable visibility impairment” in any Federal Class I area. The 

Department has prepared and submitted to EPA (March 3, 2010) a SIP revision to 

address regional haze for the current planning period. The SIP and a FIP were effective 

May 7, 2012. The North Dakota SIP includes a long-term strategy which provides for 

improvement in the most impaired days and no degradation in the least impaired days. 

Section 110(a)(2)(D)(ii): Interstate and International Transport Provisions: 

Section 110(a)(2)(D)(ii) requires that each plan include measures that ensure compliance with 

the applicable requirements of Sections 136 and 115 relating to interstate and international 

pollution abatement. Section 126(a) of the Clean Air Act (CAA) requires each SIP to include 

provisions to notify neighboring states of potential impacts from a new or modified source. 
8 

The North Dakota PSD rules provide for notifying neighboring states whose land may be 

significantly affected by emissions from a new or modified source. NDAC 33-15-15-

01.2(q)(2)(d) states: 

NDAC-33-15-15-01.(q)(2)(d) - Send a copy of the notice required in subparagraph c to 

the applicant, the United States environmental protection agency administrator, and to 

officials and agencies having cognizance over the location where the source or 

modification will be situated as follows: the chief executive of the city and county where 

the source or modification would be located; any comprehensive regional land use 

planning agency; and any state, federal land manager, or Indian governing body whose 

lands may be significantly affected by emissions from the source or modification. 

Similar notification requirements are provided for minor sources under NDAC 33-15-14-

02.6.b(4). 

All PSD permit applications are provided to EPA within thirty days of receipt. This includes 

sources that could affect air quality in Canada. The draft PSD permits, the Air Quality Effects 

Analyses and the final permits are also submitted to EPA. 

No source or sources within North Dakota are the subject of an active finding under Section 126 

of the Clean Air Act with respect to any pollutant. In addition, there are no findings under 

Section 115 of the Clean Air Act against North Dakota with respect to any pollutant. 

Adequate personnel, funding and authority: Section 110(a)(2)(E) of the CAA requires states 

to provide for adequate personnel, funding and legal authority under State law to carry out its 

SIP and related issues. 

The authority for the Department to carry out the requirements of the SIP is found in NDCC 23-

25-03 which states: 

23-25-03. Power and duties to the Department. The Department shall: 

• Encourage the voluntary cooperation of persons or affected groups to achieve the 

purposes of this chapter. 

• Determine by scientifically oriented field studies and sampling the degree of air 

pollution in the state and the several parts thereof. 

• Encourage and conduct studies, investigations, and research relating to air 

pollution and its causes, effects, prevention, abatement and control. 

• Advise, counsel, and cooperate with other public agencies and with affected 

groups and industries. 
9 

• Issue such orders as may be necessary to effectuate the purposes of this chapter 

and enforce the same by all appropriate administrative and judicial procedures. 

• Provide rules and regulations relating to the construction of any new direct or 

indirect air contaminant source or modification of any existing direct or indirect 

air containment source which the Department determines will prevent the 

attainment or maintenance of any ambient air quality standards, and require that 

prior to commencing construction or modification of any such source, the owner 

or operator thereof shall submit such information as may be necessary to permit 

the Department to make such determination. 

• Establish ambient air quality standards for the state which may vary according to 

appropriate areas. 

• Formulate and promulgate emission control requirements for the prevention, 

abatement, and control of air pollution in the state including achievement of 

ambient air quality standards. 

• Hold hearings relating to any aspect or matter in the administration of this 

chapter, and in connection therewith, compel the attendance of witnesses and the 

production of evidence. 

• Require the owner or operator of a regulated air containment source to establish 

and maintain such records; make such reports; install, use and maintain such 

monitoring equipment or methods; sample such emissions in accordance with 

such methods, at such locations, intervals, and procedures; and provide such 

other information as may be required. 

• Provide by rules and procedures necessary and appropriate to develop, 

implement, and enforce any air pollution prevention and control program 

established by the Federal Clean Air Act, as amended, and the authorities and 

responsibilities of which are delegatable to the state by the United States 

environmental protection agency. Such rules may include any and all enforceable 

ambient standards, emission limitations, and other control measures, means, 

techniques, or economic incentives such as fees, marketable permits, and actions 

of emission rights as provided by the Act. The Department shall develop and 

implement such federal programs if the Department determines there is a benefit 

to the state. 

• Provide by rules a program for implementing lead-based paint remediation 

training, certification and performance requirements in accordance with title 40, 

Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227 and 233.

In addition, NDAC 33-15-01-03 states: 
10 

 NDAC 33-15-01-03. Authority. The North Dakota State Department of Health has been 

authorized to provide and administer this article under the provisions of North Dakota 

Century Code chapter 23-25. 

The provisions of the SIP are carried out by the Department of Health. The only portion of the 

SIP that has been delegated is approval of open burning requests. Several local Health Districts 

have been delegated this authority. There are no other agencies, departments or local units that 

have been delegated authority to develop any portion of the SIP. 

NDAC 33-15-23, Fees, provides the regulatory mechanism for requiring stationary sources that 

emit air pollutants to pay a fee based on the quantity of emissions emitted. Fees are collected 

annually from both major sources and minor sources. In addition, fees are charged for reviewing 

applications for the construction of new or modified sources. Title V fees are adjusted annually 

to match the change in the consumer price index. 

The Department currently has 12 people dedicated to permitting of new or modified sources of 

air pollution and the enforcement of the air pollution control rules. In addition, another 5 people 

are dedicated to monitoring air quality. No additional staff is projected to be required in the next 

five years. If additional staff is needed to address new sources of NOX emissions, the Department 

believes revenues will be sufficient to support those positions. 

NDCC 23-25-04.2 provides the statutory authority for collecting fees. 

NDCC 23-25-04.2, Fees – Deposit in operating fund. The Department by rule or 

regulation may prescribe and provide for the payment and collection of reasonable fees 

for the issuance of permits or registration certificates. The permit or registration 

certificate fees must be based on the anticipated cost of filing and processing the 

application, of taking action on the requested permit or registration certificate, and 

conducting an inspection program to determine compliance or noncompliance with the 

permit or registration certificate. Any moneys collected for permit or registration fees 

must be deposited in the Department operating fund in the state treasury and must be 

spent subject to appropriation by the legislative assembly. 

Resources for the operation of the air pollution control program are also addressed in Section 9 

of the SIP which was updated in April 2009. The Department has determined that it has 

adequate resources to implement the 2010 NO2 NAAQS. The Department has addressed the 

legal authority to collect fees necessary to implement the air pollution control program in section 

2.11 of the SIP. 

The regulations that control emissions of nitrogen oxides or nitrogen compounds are described in 

the section titled “Emission limits and other control measures”. 

Stationary source monitoring system: Section 110(a)(2)(F) of the CAA requires states to 

establish a system to monitor emissions from stationary sources and to submit periodic emission 

reports. 
11 

The following State regulations require monitoring of emissions from stationary sources, 

recordkeeping and reporting of emissions, and monitoring data: 

NDAC 33-15-14-02.9 

NDAC 33-15-14-03.6 

NDAC 33-15-14-06.5 

Statutory authority for the monitoring is found in NDCC 23-25-03 which states that the 

Department shall: 

NDCC 23-25-03.10 – Require the owner or operator of a regulated air containment 

source to establish and maintain such records; make such reports; install, use and 

maintain such monitoring equipment or methods; sample such emissions in accordance 

with such methods, at such locations, intervals, and procedures; and provide such other 

information as may be required. 

Source surveillance is also addressed in Chapter 8 of the SIP. This chapter provides for the 

permitting of sources, inspection of the sources, recordkeeping and reporting by sources, and 

compliance determinations. Section 8.2 of the SIP commits the Department to the correlation of 

data with the applicable requirements. All reports are available for public inspection in 

accordance with NDAC 33-15-01-16.1. 

NDAC 33-15-01-12.2 provides the Department the authority to conduct its own emission tests. 

NDAC 33-15-01-17.2 allows the Department to use any credible evidence for the purpose of 

establishing whether a source has violated or is in violation of the SIP or any permit that has 

been issued. 

Emergency episodes: Section 110(a)(2)(G) of the CAA requires states to provide for authority 

to address activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

NDAC 33-15-11, Prevention of Air Pollution Emergency Episodes, provides the means to 

implement emergency air pollution episode measures and is authorized by NDCC 23-25-03 

which states that the Department shall: 

NDCC 23-25-03.5 – Issue such orders as may be necessary to effectuate the purposes of 

this chapter and enforce the same by all appropriate administrative and judicial 

procedures. 

NDCC 28-32-32 (Appendix B of SIP) states that in an emergency, the administrative agency (the 

Department) may take action pursuant to a specific statute as is necessary to prevent or avoid 

imminent peril to public health, safety or welfare.
12 

In addition, NDCC 23-25-08 states “when an emergency exists requiring immediate action to 

protect the public health and safety, the Department may, without notice or hearing, issue an 

order reciting the existence of such emergency and requiring that such action be taken as is 

necessary to meet this emergency.” 

Prevention of emergency episodes is addressed in Section 5 of the SIP. The SIP includes: 

Section 5.2 - Episode Criteria 

Section 5.3 – Public announcements 

Section 5.4 – Episode Surveillance 

Section 5.5 – Emission Reduction Plan 

Future SIP revisions: Section 110(a)(2)(H) of the CAA requires states to have the authority to 

revise their SIPs in response to changes in the NAAQS, availability of improved methods for 

attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

NDCC 25-25-03 states that the Department shall: 

NDCC 23-25-03.8 –Formulate and promulgate emission control requirements for the 

prevention, abatement and control of air pollution in this state including achievement of 

ambient air quality standards. 

NDCC 23-25-03.12 – Provide by rules any procedures necessary and appropriate to 

develop, implement, and enforce any air pollution prevention and control program 

established by the Federal Clean Air Act, as amended, and the authorities and 

responsibilities of which are delegatable to the state by the United States environmental 

protection agency. Such rules may include any and all enforceable ambient standards, 

emission limitations, and other control measures, means, techniques, or economic 

incentives such as fees, marketable permits, and auctions of emissions rights as provided 

by the Act. The Department shall develop and implement such as federal programs if the 

Department determines there is a benefit to the state. 

The North Dakota SIP, Section 1.14, commits the Department to making the necessary revisions. 

Section 1.14 states “The Department will revise this implementation plan as may be necessary to 

take account of revisions of the National Ambient Air Quality Standards (both primary and 

secondary) or the availability of improved or more expeditious methods of attaining these 

standards. The Department will also revise the implementation plan whenever the Administrator 

of the United States Environmental Protection Agency finds, on the basis of information 

available to the Administrator, that the plan is substantially inadequate to attain the National 

Ambient Air Quality Standards which it implements or to otherwise comply with additional 

requirements established under the Federal Clean Air Act. The Department will make such 

revision only if the finding of the Administrator is in accordance with the requirements of the 

Federal Clean Air Act.” 
13 

Consultation with government officials: Section 110(a)(2)(J) of the CAA requires states to 

provide a process for consultation with local governments, designated organizations and federal 

land managers (FLMs) carrying out NAAQS implementation requirements pursuant to section 

121 relative to consultation. 

North Dakota has no transportation control plans, maintenance plans or nonattainment areas. 

For preconstruction review, the public participation procedures of NDAC 33-15-14-02.6 are 

followed for minor sources. For sources subject to PSD review, the public participation 

procedures in paragraph (q) of NDAC 33-15-15-01.2 are followed. Both NDAC 33-15-14-02.6 

and 33-15-15-01.2(q) require notification of the chief executive of the city or county a source is 

proposing to locate, any regional land use planning agency, and any state, federal land manager 

or Indian body whose lands will be significantly affected by a proposed source’s emissions. 

Consultation with the FLMs for PSD projects is accomplished in accordance with 40 CFR 52.21 

(p) which is incorporated by reference into NDAC 33-15-15-01.2. For enforcement orders, the 

requirements of NDCC 23-25-08 and NDCC 28-32 are followed. Consultation with other 

government agencies is addressed in Chapter 10 of the SIP. This Chapter of the SIP commits the 

Department to consultation with adjacent state, local government and other state agencies 

whenever a SIP revision is required. 

Public notification: Section 110(a)(2)(J) of the CAA further requires states to notify the public 

if any NAAQS is exceeded in an area and to enhance public awareness of measures that can be 

taken to prevent exceedances. 

The North Dakota SIP, Section 6.9, commits the Department to notification of the public, on a 

regular basis, whenever an ambient air quality standard is exceeded. The public will be advised 

of the potential health effects, measures which can be taken to prevent future exceedances, and 

ways they can participate in the regulatory and other efforts to improve air quality. The authority 

for this notification is found in NDCC 23-25-06. In addition, NDAC 33-15-11-03.1 requires the 

Department to notify the public whenever an air pollution emergency has been determined to 

exist. 

PSD and visibility protection: Section 110(a)(2)(J) of the CAA requires states to meet 

applicable requirements of Part C related to prevention of significant deterioration and visibility 

protection. 

The Department has updated the SAAQS for nitrogen dioxide in NDAC 33-15-02 (April, 2011) 

to be identical to the 2010 NAAQS. Pursuant to NDCC 33-15-15-01.2(k)(i), a PSD applicant 

must demonstrate compliance with the SAAQS including the 2010 nitrogen dioxide NAAQS. 

The Department has also adopted the “Tailoring Rule” for greenhouse gases (April, 2011). PSD 

applicants must address any applicable requirements for greenhouse gases. 

The Department has submitted it Regional Haze SIP (March, 2010) which is effective as of 

May 7, 2012. In addition, visibility impacts must be addressed by a PSD applicant in accordance 

with NDAC 33-15-15-01.2(o) and (p). 
14 

Air quality modeling/data: Section 110(a)(2)(K) requires SIPs to provide for the performance 

of air quality modeling for predicting effects on air quality of emissions of any NAAQS pollutant 

and the submission of such data to EPA upon request. 

Air quality modeling is addressed in Section 7.7 of the North Dakota SIP. This section commits 

the Department to performing air quality modeling to predict the impact of a source on air 

quality. The section also commits the Department to providing data to EPA on air quality 

modeling upon request. 

Modeling for minor sources is addressed in NDAC 33-15-14-02.4 while modeling for major PSD 

sources is address in 40 CFR 52.21(k), (l), (m), (n) and (o) as incorporated into NDAC 33-15-15-

01.2. Authority for requiring modeling is in NDCC 23-25-03 which states the Department shall: 

NDCC 23-25-03-02 - Determine by scientifically oriented field studies and sampling the 

degree of air pollution in the state and the several parts thereof. 

and 

NDCC 23-25-03-12 - Provide by rules and procedures necessary and appropriate to 

develop, implement, and enforce any air pollution prevention and control program 

established by the Federal Clean Air Act, as amended, and the authorities and 

responsibilities of which are delegatable to the state by the United States Environmental 

Protection Agency. Such rules may include any and all enforceable ambient standards, 

emissions limitations, and other control measures, means, techniques, or economic 

incentives such as fees, marketable permits, and auctions of emissions rights as provided 

by the Act. The Department shall develop and implement such federal programs if the 

Department determines there is a benefit to the state. 

Permitting fees: Section 110(a)(2)(L) requires SIPs to include a requirement for each major 

stationary source to pay permitting fees to cover the cost of reviewing, acting upon, 

implementing and enforcing a permit until such fee requirement is superseded by EPA approval 

of a fee program under Title V of the Clean Air Act. 

NDAC 33-15-23, Fees, establishes fees for processing Permit to Construct applications, annual 

operating fees for minor sources and fees for major sources under the Title V Permit to Operate 

program. These fees are used for reviewing, approving, implementing and enforcing a permit. 

The authority for the fees is found in NDCC 23-25-04.2. 

NDCC 23-25-04.2. Fees – Deposit in operating fund: The Department by rule or 

regulation may prescribe and provide for the payment and collection of reasonable fees 

for the issuance of permits or registration certificates. The permit or registration 

certificate fees for the issuance of the anticipated cost of filing and processing the 

application, of taking action on the requested permit or registration certificate, and 

conducting an inspection program to determine compliance or noncompliance with the 

permit or registration certificate. Any moneys collected for permit or registration fees 
15 

must be deposited in the Department operating fund in the state treasury and must be 

spent subject to appropriation by the legislative assembly. 

The Department collects fees for reviewing permit applications, annual minor source Permit to 

Operate fees and Title V Permit to Operate fees. North Dakota’s Title V Permit to Operate 

program received full approval from EPA effective August 16, 1999 (64 FR 32433). 

Consultation/participation by affected local entities: Section 110(a)(2)(M) requires SIPs to 

provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

No other state or local entities are responsible for developing the SIP. Implementation and 

enforcement of open burning request approvals has been delegated to several local health units. 

The Department retains responsibility for ensuring adequate implementation of all SIP revisions. 

No other portions of the SIP have been delegated to other organizations. 

The North Dakota SIP, Chapter 10, addresses the consultation process the Department will use to 

coordinate with local political subdivisions that are affected by any SIP revisions. NDCC 23-25-

03 also requires consultation by stating that the Department shall: 

NDCC 23-25-03.4 – Advise, consults and cooperates with other public agencies and with 

affected groups and industries. 

Intergovernmental cooperation, Section 10 of North Dakota’s SIP, addresses the process for 

sharing information and working with other government agencies. 

Regarding SIP and rule revisions, NDCC 23-25-02.6 requires public notice, the opportunity for 

public comment, and a public hearing. It states: “The advisory council shall hold a public 

hearing to consider and recommend the adoption, amendment, or repeal of rules, regulations, and 

standards as provided in this chapter. Notice of such public hearing or hearings must be given by 

publication of a notice of such hearing or hearings in each of the official county newspapers 

within the state of North Dakota by at least two publications, one week apart, the last publication 

being at least thirty days prior to the first hearing. The hearing or hearings must be held in the 

state capitol in Bismarck and interested parties may present witnesses and other evidence 

pertinent and relevant to proposed rules, regulations and standards. The advisory council shall 

consider any other matters related to the purposes of this chapter and may make 

recommendations on its own initiative to the Department concerning the administration of this 

chapter.” 

North Dakota has no nonattainment areas. Therefore, consultation with affected entities is not 

required for transportation conformity or other nonattainment area SIP requirements. 

State Boards: Section 128 requires that any board or body that approves permits or enforcement 

orders must have at least a majority of its members who represent the public interest and do not 

derive any significant portion of their income from persons subject to permits or enforcement 
16 

actions under the Clean Air Act. In addition, members of such boards or bodies, or the head of 

an executive agency with similar powers, must adequately disclose any conflict of interest. 

In North Dakota there are no boards or bodies that approve permits or enforcement orders. The 

State Health Officer is the head of the North Dakota Department of Health which includes the 

Air Pollution Control program. NDCC 23-01-05 states “The State Health Officer may not 

engage in any occupation or business that may conflict with the statutory duties of the State 

Health Officer ...”. NDCC 23-01-05 is contained in Appendix B of the SIP. The Department 

has committed to revise the SIP to require that any conflict of interest by anyone that approves 

permits or enforcement actions must be disclosed. (See attachment 19). 

Conclusion: Based on the information presented above, North Dakota has determined that its 

state implementation plan is adequate to implement the 2010 one-hour NAAQS for NO2.

 
17 

Attachments 

1. NDCC 23-01 

2. NDCC 23-25 

3. NDCC 28-32 

4. NDAC 33-15-01 

5. NDAC 33-15-02 

6. NDAC 33-15-04 

7. NDAC 33-15-11 

8. NDAC 33-15-12 

9. NDAC 33-15-13 

10. NDAC 33-15-14 

11. NDAC 33-15-15 

12. NDAC 33-15-17 

13. NDAC 33-15-18 

14. NDAC 33-15-19 

15. NDAC 33-15-21 

16. NDAC 33-15-22 

17. NDAC 33-15-23 

18. NDAC 33-15-25 

19. Section 128 Commitment Letter 

20. Public Participation Documentation 

a. Full Public Notice 

b. Website Notice 
18 

c. Affidavit of Publication 

d. Invoice of Publication 

e. List of Hearing attendees (No hearing held) 

f. Hearing transcript (No hearing held) 

g. Response to Public Comments (No comments received) 

h. Certification of Hearing (No hearing held) 

21. NOX Emissions Data 
PUBLIC PARTICIPATION DOCUMENTATION 

STATE IMPLEMENTATION PLAN CERTIFICATION 

NORTH DAKOTA DEPARTMENT OF HEALTH 

AIR POLLUTION CONTROL PROGRAM 

PUBLIC COMMENT 

JANUARY 8- FEBRUARY 7, 2013 
Public Notice 

of Opportunity to Comment on 

State Implementation Plan Revisions 

for Air Quality 

The North Dakota Department of Health has proposed changes to the State Implementation Plan 

(SIP) for the control of air pollution. The SIP revisions and SIP certifications that are subject to 

public comment include: 

1) Alternative Opacity Monitoring Plan for M.R. Young Station Unit 1 Main Boiler. 

2) Addition of Conflict of Interest requirements. 

3) Certification that the North Dakota SIP is adequate to meet the requirements for 

implementation of the 2008 ozone National Ambient Air Quality Standards (NAAQS). 

4) Certification that the North Dakota SIP is adequate to meet the requirements for 

implementation of the 2010 nitrogen dioxide National Ambient Air Quality Standards 

(NAAQS). 

5) Certification that the North Dakota SIP is adequate to meet the requirements for the 

implementation of the 2010 sulfur dioxide National Ambient Air Quality Standards 

(NAAQS). 

The alternative monitoring plan for the M.R. Young Station Unit 1 boiler addresses requirements 

in 40 CFR 51, Appendix P. The Conflict of Interest provisions address the requirements of 

Section 128 of Federal Clean Air Act. The certifications address requirements in the Federal 

Clean Air Act Sections llO(a)(l) and 110(a)(2). 

A copy of the proposed SIP revisions and certifications may be viewed at the Department's 

website at: www.ndhealth.gov/ AQ/Notices.htm. A copy of the SIP revisions and certifications 

may be obtained by writing to the North Dakota Department of Health, Division of Air Quality, 
918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947 or calling (701)328-5188. Written 

comments may be submitted to the above address from January 8, 2013 through February 7, 

2013. 

A public hearing will be held only if there is a request from the public for a hearing. Any request 

for a hearing must be submitted in writing and received by Department before the end of the 

public comment period. If a hearing is requested, it will be held February 12, 2013 at 9:00a.m. 

CST at the Gold Seal Center's 4th Floor conference room at 918 E Divide Avenue, Bismarck, 

North Dakota. If a public hearing is requested, the public comment period will remain open 

through February 19, 2013. If no requests for a public hearing are received, the announcement 

that the hearing has been cancelled will be posted on the Department's website at 

www.ndhealth.gov/ AQ/notices.htm. The public may also call (70 1 )328-5188 to find out if the 

hearing has been cancelled. 

If you plan to attend the requested hearing and will need special facilities or assistance relating to 

a disability, please contact the Department of Health at the above-address at least three days prior 

to the hearing. 

Dated this 

Terry L. O'Clair, P.E. 

Director 

day of December, 2012 

Division of Air Quality 
file Edit View favoriles Tools Help 

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Public Notices and Hearing Dockets 

Some documents (pdf) on th1s page requ1re the Adobe Aqobat Readgr m order to be VIewed. All pdf documents w111 open 1n a new w1ndow . 

PYbllc H811ring Cancelled 

The public hearing scheduled for Feb. 12, 2013 regarding proposed changes to the Hof1h Dakota Sta1e Implementation Plan for the control of Bir pollution hos been cancelled. 

The North Dakota Departmant of He8lth will administer C9IJI!H'tftlva gmnt &Qpllcadom. and award¥ to elfgfb!e agencies for the purchase of new diesel powamd vehicles and equipment In order to reduce the exposure of the oobllc to 

diftHI gmm!QOI and to mdwt djPHI fupl UJt IWpn;l fonnotl 

State Implementation Plan Revision 

-~ 

• Sectjpn 2 15 • Cpnfljct qf lntermt 

• Sftdlon 8.3? • Continuous OQachy Monftorfng forM R. Young Station Unit 1 

• 20Q8 0zorm NMQS lnfmstrucbuv SIP 

• 2010 Nlrrogen OloKidt HAAQS !ntramuctum SIP 

- ZQ10 S!llfnr Qtgxkifl NAAQS lnfrollfrqrJ!![fl Sip 

Montana Dakota Utilities Company· Cotnbustion Tufbine Project 

-~ 

• Ajr Oua!jtv Effitct1 Anafywis Psfll1..§ and 1 

• Air Quality Effects Analnls; Pan§ • Proposed Permit ro Consmu:t 

• Air Quality Effects AnoJy.ls Part 8 - Pennil Application 

llpdtted Heskett pso Appljgrtion CT Proiect 

He!lkett CT NAAOS Sunotement 

Notice of intent 10 issue an air pollution control penn it to construct and a reviHd minor (synthetic) pennit to operate . Camp Grafton . Ramsey County (pdf} 

Respon<e period ends: Friday, De<ember 21, 2012 

Gumt RlyM fM'PY'I [fliPPIU!ft tn pubQc cpmmftDta gn auPPift!DBDtpl NQx BAf!I dft!!umlngt!on fur Cnal Cntftk StaUoo 

All.ou;funoniA (ND EnrissiOil$) 

~(Fue1Tech2011) 
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 

MEMO TO 

FROM 

RE 

DATE 

Interested Parties 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

Revisions to the North Dakota State 

Implementation Plan for Air Pollution Control 

December 26, 2012 

The North Dakota Department of Health has proposed revisions to the State Implementation Plan 

for the control of air pollution. The revisions include the addition of conflict of interest 

requirements, an alternative monitoring plan for the M.R. Young Station Unit 1 and certifications 

that the State Implementation Plan is sufficient to implement the 2008 Ozone and the 2010 

Sulfur Dioxide and Nitrogen Dioxide National Ambient Air Quality Standards. 

The proposed SIP changes and certifications may be viewed at the office of the Department of 

Health, 918 E Divide Avenue, 2nd Floor, Bismarck, North Dakota 58501-1947 or at the 

Department's website at www.ndhealth.gov/AQ/Notices.htm. A copy of the proposed changes 

and certifications may be requested by writing the Department at the above address or calling 

(70 1 )328-5188. 

Enclosed is a notice announcing a public comment period and the opportunity to request a public 

hearing regarding the proposed changes. The public comment period is scheduled from 

January 8 through February 7, 2013. The Department welcomes any comments you or your staff 

may have regarding the revisions. All comments received by the close of business on 

February 7, 2013 will be included as part of the public comment record. Comments must be sent 

to the address listed above. 

If you have any questions, please contact Tom Bachman of my staff at (70 1 )328-5188. 

TLO/TB:saj 

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 
Public Notice 

of Opportunity to Comment on 

State Implementation Plan Revisions 

for Air Quality 

The North Dakota Department of Health has proposed changes to the State Implementation Plan 

(SIP) for the control of air pollution. The SIP revisions and SIP certifications that are subject to 

public comment include: 

1) Alternative Opacity Monitoring Plan for M.R. Young Station Unit 1 Main Boiler. 

2) Addition of Conflict of Interest requirements. 

3) Certification that the North Dakota SIP is adequate to meet the requirements for 

implementation of the 2008 ozone National Ambient Air Quality Standards (NAAQS). 

4) Certification that the North Dakota SIP is adequate to meet the requirements for 

implementation of the 2010 nitrogen dioxide National Ambient Air Quality Standards 

(NAAQS). 

5) Certification that the North Dakota SIP is adequate to meet the requirements for the 

implementation of the 2010 sulfur dioxide National Ambient Air Quality Standards 

(NAAQS). 

The alternative monitoring plan for the M.R. Young Station Unit 1 boiler addresses requirements 

in 40 CFR 51, Appendix P. The Conflict of Interest provisions address the requirements of 

Section 128 of Federal Clean Air Act. The certifications address requirements in the Federal 

Clean Air Act Sections llO(a)(l) and 110(a)(2). 

A copy of the proposed SIP revisions and certifications may be viewed at the Department's 

website at: www.ndhealth.gov/AQ/Notices.htm. A copy of the SIP revisions and certifications 

may be obtained by writing to the North Dakota Department of Health, Division of Air Quality, 
Department of Environmental Quality 

Air Quality Division 

Montana State Department of 

Health & Environmental Services 

Medcalf Building 

P.O. Box 200901 

Helena, MT 59620-0901 

Division of Air Quality 

Minnesota Pollution Control Agency 

520 Lafayette Road 

St. Paul, MN 55155 

Tribal Chairman 

Standing Rock Sioux Tribe 

Fort Yates, ND 58538 

Tribal Chairman 

Spirit Lake Tribe 

P.O. Box 359 

Fort Totten, ND 58335 

Administrator 

Natural Resources Program 

Environmental Regulation Division 

South Dakota Department of 

Environment and Natural Resources 

523 E Capitol A venue 

Joe Foss Building 

Pierre, SD 57501 

Tribal Chairman 

Three Affiliated Tribes 

Fort Berthold Indian Reservation 

P.O. Box460 

New Town, ND 58736 

Tribal Chairman 

Turtle Mountain Tribe 

Belcourt, ND 58316 

Chief of Policy Planning & 

Permit Review Branch 

National Park Service-AIR 

P.O. Box 25287 

Denver, CO 80225 
Ms. Sheila Crawford-Oliver 

Water Resource Unit 

Sisseton-Wahpeton Dakota Nation 

Old Agency Box 509 

Agency Village, SD 57262-0509 

Ms. Sandra Silva 

U.S. Fish & Wildlife Service 

P.O. Box 25287 

Denver, CO 80225 
5 CES/CEVC 

Atten: Air Program Manager 

320 Peacekeeper Place 

Minot AFB, ND 58705-5006 

Michael Ford 

Amerada Hess Corporation 

P.O. Box 2040 

Houston, TX 77252-2040 

Hess Corporation 

10384- 68th Street NW 

Tioga, ND 58852-9420 

Mr. Donny Worthington 

Hunt Petroleum Corp. 

P.O. Box 1350 

Houston, TX 77251-1350 

Mr. Robert L. Eriksen 

Basin Electric Power Coop. 

1 717 E Interstate A venue 

Bismarck, ND 58504 

Ms. Deborah Levchak 

Basin Electric Power Coop. 

171 7 E Interstate A venue 

Bismarck, ND 58501 

Mr. Bruce Macdonald 

ENSR Consulting 

1601 Prospect Parkway 

Ft. Collins, CO 80525-9769 

Mr. Joe Clarke 

Falkirk Mining Company 

P.O. Box 1087 

Underwood, ND 58576-1087 

Mr. Rainey J. Crawford 

Ford Motor Company 

1201 NW Briarcliff Pkwy #315 

Kansas City, MO 64116-1774 

Hogenson Construction, Inc. 

P.O. Box 777 
West Fargo, ND 58078-0777 

Ms. Paula Koble Gores 

Dakota Westmoreland Corporation 

P.O. Box 39 

Beulah, ND 58523-0039 

Stevan G. Dewald, PE 

Lightowler Johnson Associates 

700 Main A venue 

P.O. Box 2464 

Fargo, ND 58103 

Mr. John T. Graves 

Minnkota Power Cooperative 

P.O. Box 13200 

Grand Forks, ND 58208-3200 

Ms. Abbie Krebsbach 

Montana-Dakota Utilities Co. 

400 N Fourth Street 

Bismarck, ND 58501 

Mr. Steven D. Strege 

ND Grain Dealers Association 

1325 23rd Street S, Ste A 

Fargo, ND 58103-3723 

Ms. Ruth Jensen 

Northern Border Pipeline COmpany 

13 710 FNB Parkway 

Omaha, NE 68154-5200 

Mr. T~ tvtu. -r lc '"""lh-o """-C...... 

Otter Tail Power Company 

P 0 BeJ£ 496 ~~~ £~-k. Ca..scct.J..!L 5-t. 

Fergus Falls MN 56538-0496 

Safety Officer 

Radiation Safety Office 

NDSU 

Dept. 330 

P.O. Box 6050 

Fargo, ND 58108-6050 

Regulations Manager 
State Net 

2101 K Street 

Sacramento, CA 95816 

Mr. Kevin Johnson 

Env. Contaminants Specialist 

U.S. Fish & Wildlife Service 

3425 Miriam Avenue 

Bismarck, ND 58501 

Ms. Carla Trotter 

Petro-Hunt L.L.C. 

813- 123rd Avenue SW 

Killdeer, ND 58640 

Mr. David Clark 

Petro-Hunt LLC 

3900 Thanksgiving Tower 

160 1 Elm Street 

Dallas, TX 75201 

Mr. Ken Tupa 

ND Association ofNurse Anesthetists 

P.O. Box 1755 

Bismarck, ND 58502 

DRC 

103'l2 S 3rd Street 

Bismarck, ND 58502 

Mr. Mark Trechock 

Dakota Resource Council 

113 W First Street 

P.O. Box 1095 

Dickinson, ND 58604 

Lignite Energy Council 

1016 E Owens Avenue 

Bismarck, ND 58501 

Ms. Annette Cederberg 

American Crystal Sugar Company 

1 0 1 Third Street N 

Moorhead, MN 56560 

Ms. Tina Anderson 
DEQ - Air Quality Division 

State of Wyoming 

2100 W Fifth Street 

Sheridan, WY 82801 

Williston Basin Interstate Pipeline Co. 

2010 Montana A venue 

Glendive, MT 59330-3700 

Ms. Mary Jo Roth 

Great River Energy 

12300 Elm Creek Boulevard 

Maple Grove, MN 55369-4718 

Mr. M.E. Bonnickson WCK4508 

Shell Western E&P, Inc. 

P.O. Box 576 

Houston, TX 77001-0576 

Katherine Edwards & Ali Famoud, Ph.D. 

Trinity Consultants 

106 Main Street S, Ste 201 

Stillwater, MN 55082 
5 CES/CEVC 

Atten: Air Program Manager 

320 Peacekeeper Place 

Minot AFB, ND 58705-5006 

Michael Ford 

Amerada Hess Corporation 

P.O. Box 2040 

Houston, TX 77252-2040 

Hess Corporation 

10384- 68th Street NW 

Tioga, ND 58852-9420 

Mr. Donny Worthington 

Hunt Petroleum Corp. 

P.O. Box 1350 

Houston, TX 77251-1350 

Mr. Robert L. Eriksen 

Basin Electric Power Coop. 

1 71 7 E Interstate A venue 

Bismarck, ND 58504 

Ms. Deborah Levchak 

Basin Electric Power Coop. 

1 71 7 E Interstate A venue 

Bismarck, ND 58501 

Mr. Bruce Macdonald 

ENSR Consulting 

1601 Prospect Parkway 

Ft. Collins, CO 80525-9769 

Mr. Joe Clarke 

Falkirk Mining Company 

P.O. Box 1087 

Underwood, ND 58576-1087 

Mr. Rainey J. Crawford 

Ford Motor Company 

1201 NW Briarcliff Pkwy #315 

Kansas City, MO 64116-1774 

Hogenson Construction, Inc. 

P.O. Box 777 
West Fargo, ND 58078-0777 

Ms. Paula Koble Gores 

Dakota Westmoreland Corporation 

P.O. Box 39 

Beulah, ND 58523-0039 

Stevan G. Dewald, PE 

Lightowler Johnson Associates 

700 Main A venue 

P.O. Box 2464 

Fargo, ND 58103 

Mr. John T. Graves 

Minnkota Power Cooperative 

P.O. Box 13200 

Grand Forks, ND 58208-3200 

Ms. Abbie Krebsbach 

Montana-Dakota Utilities Co. 

400 N Fourth Street 

Bismarck, ND 58501 

Mr. Steven D. Strege 

ND Grain Dealers Association 

1325 23rd StreetS, Ste A 

Fargo, ND 58103-3723 

Ms. Ruth Jensen 

Northern Border Pipeline Company 

13 710 FNB Parkway 

Omaha, NE 68154-5200 

Mr. Mark Thoma 

Otter Tail Power Company 

215 S Cascade Street 

Fergus Falls MN 56538-0496 

Safety Officer 

Radiation Safety Office 

NDSU 

Dept. 330 

P.O. Box 6050 

Fargo, ND 58108-6050 

Regulations Manager 
State Net 

2101 K Street 

Sacramento, CA 95816 

Mr. Kevin Johnson 

Env. Contaminants Specialist 

U.S. Fish & Wildlife Service 

3425 Miriam Avenue 

Bismarck, ND 58501 

Ms. Carla Trotter 

Petro-Hunt L.L.C. 

813- 123rd Avenue SW 

Killdeer, ND 58640 

Mr. David Clark 

Petro-Hunt LLC 

3900 Thanksgiving Tower 

160 1 Elm Street 

Dallas, TX 75201 

Mr. Ken Tupa 

ND Association ofNurse Anesthetists 

P.O. Box 1755 

Bismarck, ND 58502 

DRC 

103Y2 S 3rd Street 

Bismarck, ND 58502 

Mr. Mark Trechock 

Dakota Resource Council 

113 W First Street 

P.O. Box 1095 

Dickinson, ND 5 8604 

Lignite Energy Council 

1016 E Owens Avenue 

Bismarck, ND 58501 

Ms. Annette Cederberg 

American Crystal Sugar Company 

1 01 Third Street N 

Moorhead, MN 56560 

Ms. Tina Anderson 
DEQ - Air Quality Division 

State of Wyoming 

2100 W Fifth Street 

Sheridan, WY 82801 

Williston Basin Interstate Pipeline Co. 

2010 Montana A venue 

Glendive, MT 59330-3700 

Ms. Mary Jo Roth 

Great River Energy 

12300 Elm Creek Boulevard 

Maple Grove, MN 55369-4718 

Mr. M.E. Bonnickson WCK4508 

Shell Western E&P, Inc. 

P.O. Box 576 

Houston, TX 77001-0576 

Katherine Edwards & Ali Famoud, Ph.D. 

Trinity Consultants 

106 Main Street S, Ste 201 

Stillwater, MN 55082 
Affidavit of Publication 

Colleen Park, being duly sworn, states as follows: 

1. I am the designated agent, under the provisions and for the purposes of, 

Section 31-04-06, NDCC, for the newspapers listed on the attached 

exhibits. 

2. The newspapers listed on the exhibits published the advertisement of: 

ND Health Department- SIP Revisions & Certifications; 1 time(s) as 

required by law or ordinance. 

3. All of the listed newspapers are legal newspapers in the State of North 

Dakota and, under the provisions of Section 46-05-01, NDCC, are qualified 

to publish any public notice or any matter required by law or ordinance to 

be printed or published in a newspaper in North Dakota. 

Signed:--=~---· -===---'fi~~-=-:.JL=-=· __ 

State of North Dakota 

County of Burleigh 

Subscribed and sworn to before me this 0/S day of ~ 20 13 . 

iMA OL 1!. -~_dV0~ z 

SHARON L. PETERSON 

Notary Public 

~ State of North Dakota 

~ My Commission Expires Nov. 8, 2017 
North Dakota Public Notices 

IN JUVENILE COURT, COUNTY OF 

CASS, 

STATE OF NORTH DAKOTA. 

IN THE INTEREST OF G. I., A CHILD 

Heidi Heinen, L.S.W., Petitioner, 

vs. 

Director, Cass County Social Services, 

Mariah Morsette, G.l., and Renelda 

Welppert, Lay Guardian ad Litem, 

Respondents 

AMENDED SUMMONS 

File No. 09·2012·JV·759 

THE STATE OF NORTH DAKOTA TO 

THE ABOVE·NAMED RESPONDENTS: 

You and each of yol! are hereby sum· monad and required to appear personally 

and bring the above,named children IJe· 

fore the Juvenile Court at the Cass 

County Courthouse Annex at 1010 Sec· 

ond Avenue South in Fargo, North Dako· 

ta, on February 19, 2013, at 2:09p.m. or as soon thereafter as the parties can be 

heard, for the· purpose of a hearing on a Petition flied with the Court alleging the 

above-named children to be subject to the 

provision of Chapter 27 ·20, North Dakota 

Century Code by reason of the following: 

that the said child falls within the meaning 

of Section 27·20·02 of the said Code, as more fully appears from the Petition, a copy of which is on file in the office of the 

Clerk of the District Court of Cass County. 

If you fail to appear personally and 

bring said children before the Court at said time and place the Findings and 

Recommendation of the Judicial Referee as confirmed by the Judge of the Juvenile 

Court, made by this court at a hearing - had herein will become final. 

You are entitled to legal counsel in ·· these proceedings if you so desire. If yol! 

are unable without undue financial hard· 

ship to employ counsel the Court,. upon 

request, will appoinHegal counsel for you. 

' You are fu-rther informed that you are · ·entitled to have the Petition heard . by a Judge of the Juvenile Court instead of by 

'· a Judicial' Referee if written request.there- r.- fore Is filed with the Clerk of the above· 

named Court within three days after re· ceiving a copy of this Amended Sum·· ~ mons. . · 1 Dated December 26, 2012. 

/s/ Scott C. Griffeth 

Judicial Referee 

East Central Judicial District e (January 7, 14, 21, 2013) 1621811 

IN JUVENILE COURT, COUNTY OF , CASS, . STATE OF NORTH DAKOTA. 

IN THE INTEREST OF K.P. and K.P., 

cCHILDREN, 

. Lisa Johnson, L.S.W., Petitioner, VS. 

" Director, Cass County Social Services, 

Steven Gibson, K.P., K.P., and Renelda 

.. Weippert, Lay Guardian ad Litem, · Respondents. 

SECOND AMENDED SUMMONS · File No. 09·2012-JV-736 & 

09·2012-JV-737 

THE STATE OF NORTH DAKOTA TO 

- THE ABOVE·NAMED RESPONDENTS: . • You and each of you are hereby sum· ·moned and required to appear personally 

" and bring the above-named children be- - fore the Juvenile Court at the Cas~ 

• ·county Courthouse Annex at 1010 Sec- , ond Avenue South in Fargo, North Dako- ,. ta, on February 12, 2013, at 2:00 p.m. or 

" as soon thereafter as the parties can be 

heard, for the purpose of a hearing on a Petition filed with the Court alleging the r above-named children to be subject to the 

provision of Chapter 27-20, North Dakoia 

Century Code by reason of the following: 

' that the said child falls within the meaning 

" of Section 27-20-02 of the said Code, as more fully appears from the ·Petition, a 

copy of which is on file in the' office of the 

Clerk of the District Court of Cass County. 

·. If you fail to appear personally and 

bring said children before the Court at 

said time and place the Findings and 

Recommendation of the Judicial Referee 

as confirmed by the Judge· of the Juvenile 

Court, made by this court at a hearing 

had herein will become final. 

You are entitled to legal counsel in 

these proceedings if you so desire. If you are unable without undue financial hardship to employ counsel the Court, upon 

request, will appoint legal counsel for you. 

You are further informed that you ·are 

entitled to have the Petition heard by a Judge of the Juvenile Court instead of by 

. a Judicial Referee if written request there· 

fore is filed with the Clerk of the above· 

named Court within three days after re- ,..,..;,.;n, .::o ,....,..m\1 nf thi~ AmP.nrlP.rl Sum~ 

~?/! I 

North Dakota Public Notices North akota Public Notices J 

-l 

TAKE NOTICE that written comments 

regarding the proposed appropriation must be flied In the North Dakota Office of 

the State Engineer, 900 East Boulevard 

Avenue, Bismarck, North Dakota 

58505·0850, by 5:00 o'clock p.m. on the 

7th day of February, 2013. The State En· 

glneer shall consider all written comments received and prepare a recommended 

decision which will be provided to the ap· 

pllcant and any person who flied written comments. Those persons may file ·addl· 

tlonal comments with the State Engineer, 

request an adjudicative proceeding on the 

application, or both. · Dated at Bismarck, North Dakota, 

December 21,2012. 

/s/ Todd Sando, R E. 

North Dakota State Engineer 

900 East Boulevard Avenue 

Bismarck, ND 58505·0850 

(January 7, 14, 2013) 1621910 

Public Notice 1~ , of Opportunity to Comment on 8 

State Implementation Plan Revisions B 

for Air Quality 0 

The North Dakota Department of B 

Health has proposed changes to the E 

State Implementation Plan (SIP) for the VI 

control of air pollution. The SIP revisions D. 

and SIP certifications that are subject to R 

public comment Include: . G 

1. Alternative Opacity Monitoring Plan B tor M.A. Young Station Unit 1 Main Boiler. B 

2. Addition of Conflict of Interest re· N 

qulrements. s· 

3. Certification that the North Dakota E 

SIP Is adequate to meet the requirements 2 

for Implementation of the 2008 ozone Na· · T 

tlonal Ambient Air Quality Standards . C. 

(NAAQS). Q 

4. Certification that the North Dakota C 

SIP Is adequate to meet the requirements 6 .. for Implementation of the 2010 nitrogen 7 dioxide National Ambient Air Quality Stan· E 

dards (NAAQS), F: 

5, CertificatiOn that the North Dakota T: 

SIP Is adequate to meet the requirements 1· 

for the Implementation of the 2010 sulfur S 

dioxide National Ambient Air Quality Stan- Q 

dards (NAAQS). M 

NOTICE OF APPLICATION The alternative monitoring plan for the 1i 

ON PETITION FOR APPROPRIATION M.A. Young Station Unit 1 boiler address· K 

OF WATER FROM GROUNDWATER es requirements in 40 CFR 51, Appendix b 

SOURCES P. The Conflict of Interest provisions ad· DD·. 

TAKE NOTICE that Michael Anderson, dress the requirements of Section 128 of 

Page, North Dakota, has submitted water Federal Clean Air Act. The certifications 6 

permit application No. 6448 to the North address requirements In the Federal P 

D_akota Office of the State Engineer for a Clean Air Act Sections 11 O(a)(1) and t 

permit to divert and appropriate water 110(a)(2). 

from ground-water sources. A copY. of the proposed SIP revisions b 

The application requests a permit to and certifications ·may be viewed at the R 

appropriate water from ground-water Department's website at: :R sources, utilizing point(s) of -diversion lo· www.ndhealth.gov/AQ/Notices.htm. A 2 

cated in the SW1/4 of Section 26, Town· copy of the SIP revisions anct certifica- C 

sh1p 142 North, Range 54 West, in Cass · tions may be obtained by writing to the T 

County, at a pumping rate of 800 gallons North Dakota Department of Health,. Divi: T 

"per minute during the operating season, · slon of Air Quality, 918 E Divide Avenue,. T 

for each year said permit may remain In 2nd Floor, Bismarck, ND 58501·1947 or force, with an annual appropriation of calling (701)328·5188. Written commenis 

197.0 acre-feet of water, for the purpose may be submitted to the above address 

of irrigating 131.6 acres located in the from January 8, 2013 through February 7, SW1/4. of Section 26, Township 1"42 · 2013. 

North, Range 5.4 West, as shown on the A public hearing will be held only if 

map(s) accompanying the application. there is a request from the public for a TAKE NOTICE that written comments hearing. Any request for a hearing must regarding the proposed appropriation b b •tt d · ·t· d · d b must be filed in the North Dakota Office· of . e su ml e 10 wn mg an receive Y Department before the end of the public the State Engineer, 900 East Bouleyard comment period. If ·a hearing is request· Avenue, · · Bismarck, North Dakota d ·t ·11 b h ld F b 12 2013 t 

58505-0650, by 5:00 o'clock p.m. on the ~:oo1 a~. c;T ~t th: ~~fJY Seai Center~s 7th day of February, iW13. The State En- 4th Floor conference room at 918 E Di· 

gineer shall consider all written comments vide Avenue, Bismarck, North Dakota. If 

received· and prepare a recommended a public hearing Is r'i)quested, the public 

.decision which will be provided to the ap- comment period will remain open through 

plicant and any person who filed written February 19, 2013. If no requests for a comments. Those persons may file addi- public hearing are received, the an· tional comments with the State Engineer, .nouncement that the hea~ing has been · request an adjudicative proceeding on the cancelled will be .. posted on the 

application, or both. Department's website at Dated at Bismarck, North Dakota, www.ndhealth.gov/AQ/notices.htm. The 

December 21, 2012.' public mah also call (701) 328-5188 to !sf Todd Sando, P.E. f' d t 'ft h · h b II d North Dakota State En_gineer 10 ou 1 e eanng as een cance e · If you plan to attend the requested 900 East Boulevard Avenue hearing and will need special facilities or 

Bismarck, ND 58505-0850 assistance relating to a disability, please 

(Jariuary 7, 14, 2013) 1621941 contact the Department of Health at the 

NOTICE OF SALE 

Civil No. 09·2011·CV·Q3638 

Notice is hereby given that by virtue of a judgment of foreclosure by. the District 

Court of the East Central Judicial District 

in and for the County of Cass and State of 

North Dakota, and entered and docketed 

in the Office of the Clerk of said Court on April 5, 2012, in an action wherein Wells 

Fargo Bank, N.A. was Plaintiff and Nicole 

A. Myhre; Jerrod Hoaas; A.A. Audit Ser· 

vices, Inc.; Capital One Bank (USA);; and 

any person in possession were Defendants, in favor of Plaintiff and against the 

Defendants for the sum of $173,679.19, · 

which judgment and decree, among other 

things, direct the sale by me of the real 

property hereinafter described, to satisfy 

the amount of said judgment, with interest 

thereon and the costs and expenses of 

such sale, or so much thereof as the p~oceeds of said sale will satisfy; and by virtue of a writ issued to me out of the office 

of the Clerk of said Court, I, Paul D. La· 

ney, Sheriff of Cass County, North Dako· 

ta, will sell the property described in the 

Judgment to the highest bidder for cash 

at public auction at the front door of the 

Courthouse in the City of Fargo in the 

County of Cass and State o\ North Dako· + .......... t:t:">hr•,.,n, ~ ?n1~ ~ thP. hnttr of 

above-address at least three days prior to the hearing. 

· Dated this 19th day of December, 

2012 . 

Terry L. O'Clair, P.E. 

Director 

· Division of Air Quality 

(January 7, 2013) 

These minutes are subject to a roval 

by the City Commission. 

FARGO CITY COMMISSION MINUTES --~ Monday, December 24, 2012 -10:00 

A.M. 

Consent Agenda Approved: 

Commissioner Mahoney moved the 

Consent Agenda be approved as follows: ·il a. 1st reading of an Ordinance Relating K_·. to Secondhand Goods Dealers. g 

b.2nd reading of the following Ordi- '< nances: Relating to Pensions (Police -B 

Pensions); Relating to Pensions (City ~ 

Employees' Pensions); Relating to Invest- · ! .• ment of Funds. 

c.1 st reading of an Ordinance Relating to Alcoholic Beverages (Establishing a 

Class "Y" license for a production brew- -~ 

ery). tl 

d.1 st reading of an Ordinance Relating 6 to Alcoholic Beverages (Setting license 

fees for a Class "Y" License). d 

e.Live Entertainment License for Quak- f er s

1 

tReak & L

1

ubef at 1776 45th St. s. t ·.~ . enewa o gam1ng serv1ces con ract with Terri Sprenger. ] n A~~AntM~A nf nffer to ourchase ··1 
Order: 13012NAO 

Attn: Tom Bachman 

NO Health Department 

600 East Boulevard Avenue 

Bismarck, North Dakota 58505 

I Voice: 

North Dakota Newspaper Association 

1435 Interstate Loop 

Bismarck, North Dakota 58503 

Phone: 1-701-223-6397 Fax: 1-701-223-8185 

INVOICE 

January 25, 2013 

Invoice# 1672 

Fax: 

Advertiser: 

P.O.#: 

Brand: 

Campaign 

Amount Due: 

Please detach and return this portion with your payment 

Administrative Services: Accounting 

SIP 

$243.20 

I I I I I I I I I I I I I I I I I I I I I I I I I I 0 I I I I 0 I I I I I I I I I I I I 0 I 0 I I I 0 I 0 I I o I I I 0 0 I I I I 0 0 t I I 0 I I I I I I I I I I I I I 0 I o I 0 0 I I I I I I I I I I I I 0 0 0 I I I I I I I ~ I I I I 0 I 0 I I I I I I I 0 It I I I I 0 I I I I I 0 I 0 I I I 0 0 I I I 1 1 1 I·, 1 1 1 1 1 1 0 1 0 1 0 0 0 1 I 1 

Administrative Services: Accounting Invoice# 1672 P.O.#: SIP 

un Date Ad Size Rate Type Rate Color Rate Total Discount (%} Amount after Discount Page 

Dickinson Press (Dickinson, North Dakota) 

01/06/2013 80.00 Notice A Line $0.73 $58.40 $0.00 (0.00%) $58.40 

Caption: SIP Revisions & Certifications 

Subtotal: 80.00 $0.73 $0.00 $58.40 $0.00 $58.40 

Fargo, The Forum (Fargo, North Dakota) 

01/07/2013 82.00 Notice A Line $0.79 $64.78 $0.00 (0.00%) $64.78 

Caption: SIP Revisions & Certifications 

Subtotal: 82.00 $0.79 $0.00 $64.78 $0.00 $64.78 

Grand Forks Herald (Grand Forks, North Dakota) 

"01/05/2013 83.00 Notice A Line $0.75 $62.25 $0.00 (0.00%) $62.25 

Caption: SIP Revisions & Certifications 

Subtotal: 83.00 $0.75 $0.00 $62.25 $0.00 $62.25 

Minot Daily News (Minot, North Dakota) 

01/07/2013 109.00 Notice A Line $0.53 $57.77 $0.00 (0.00%) $57.77 

Caption: SIP Revisions & Certifications 

Subtotal: 109.00 $0.53 $0.00 $57.77 $0.00 $57.77 

Gross Advertising $243.20! Total Mise $0.00 Amount Paid $0.001 

Agency Discount $0.00 Tax $0.00 Adjustments $0.00j 

Other Discount $0.00 Total Billed $243.20 Payment Date I 

Service Charge $0.00 Unbilled $0.00 Balance Due $243.201 

Page 1 of1 
Public Hearing 

The public was offered the opportunity to request a public hearing regarding the 

proposed certification. The Department did not receive any requests for a public 

hearing. Therefore, the scheduled public hearing was cancelled. Accordingly, this 

submission does not contain a list of attendees at the hearing, a transcript of the 

hearing or certification the hearing was held in accordance with the applicable 

requirements in 40 CFR 51.102. 
RESPONSE TO PUBLIC COMMENTS 

Public Comments: None 

Response: None