# -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 S tate Implementation Plans (SIPs) to assure compliance with the National Ambient Air Quality St andards (NAAQS). Sections 110(a)(1) and (2) of the Clean Air Act (CAA) require states to ad opt and submit to the U.S. EPA “infrastructure” SIPs that address basic program el ements to implement, maintain, and enforce new or revised standards including requirements for emissions inventories, monitoring, and modeling among other elements. Each of the basic o r 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 limit s and other control measures, means or techniques, schedules for compliance, and other rel ated matters.

The North Dakota Air Pollution Control Rules (NDAC 33-15) establishes control requirements for nitrogen oxides (NO X 

### ) emissions including nitrogen dioxide (NO 2 

### ). The following regulations address the required control measures, means and techniques.
Chapter

33-15-01 General Provisions
This chapter establishes prohibitions against cre ating 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 specifi cally authorized.

### 2

33-15-12 Standards of Performance for New Stationar y Sources
The chapter incorporates by reference the standards in 40 CFR 60.

33-15-13 Emission Standards for Hazardous Air Pollu tants
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 Oper ate
The chapter provides a preconstruction permittingprogram for both major and minor sources, a federally enforceable state oper ating 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 revi ew of major stationary sources and prohibits a source from having an adverse imp act 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 Pollu tants for Source Categories
This chapter incorporates by reference the standards in 40 CFR 63.
33-15-25 Regional Haze Requirements

### 3

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 NO 2 

### . 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 modifi cation of any existing direct or indirect air contaminant source which the Departmen t determines will prevent the attainment or maintenance of any ambient air qualit y standard, and require that prior to commencing construction or modification of any suchsource, the owner or operator thereof shall submit such information as may be nec essary to permit the Department to make such determination.
NDCC 23-25-03.7 – Establish ambient air quality sta ndards for the state which may vary according to appropriate areas.
NDCC 23-25-03.8 – Formulate and promulgate emissioncontrol requirements for the prevention, abatement, and control of air pollutionin 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 D akota (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 amb ient monitoring sites for NO 2 

### . 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 severa l parts thereof.
NDCC 23-25-03.10 – Require the owner or operator of a regulated air contaminant source to establish and maintain such records; makesuch reports; install, use, and maintain such monitoring equipment or methods; samp le such emissions in accordance with such methods, at such locations, intervals, an d procedures; and provide such other information as may be required.

### 4

Ambient monitoring is covered in Chapter 6 of the N orth 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 anychanges, 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 meas ures 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 – Injunction s, provides authority for enforcement of the North Dakota Air Pollution Control Rules (NDAPC R) 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 theNorth Dakota SIP provide for the permitting of sources of NO X 

### :

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 Deterior ation
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 mi nor sources of NO X

### 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 modifi cation of any existing direct or indirect air contaminant source which the Departmen t determines will prevent the attainment or maintenance of any ambient air standa rd, and require that prior to commencing construction or modification of any suchsource, the owner or operator thereof shall submit such information as may be nec essary 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 causingor contributing to air

### 5 pollution, either directly or indirectly, without apermit from the Department or in violation of any conditions imposed by such permit.

2. The Department shall provide for the issuance, susp ension, revocation, and renewal of any permits which it may require pursuan t to this section.

3. The Department may require that applications for su ch permits shall be accompanied by plans, specifications, and such othe r information as it deems necessary.

4. Possession of an approved permit or registration ce rtificate does not relieve any person of the responsibility to comply with applica ble emission limitations or with any other provision of law or regulations adopted p ursuant thereto and does not relieve any person from the requirement that that p erson possess a valid contractor’s license issued under Chapter 43-07.

5. The Department by rule or regulation may provide fo r registration and registration renewal of certain air contaminant sou rces 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 requirement s set forth in this section when the Department makes a finding that the exemption o f 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 tocontain 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 S tate.
The following regulations and SIP provisions addres s interstate transport:
NDAC 33-15-15 : Prevention of Significant Deterior ation 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 mo dification of any existing direct or

### 6

indirect air containment source which the Departmen t determines will prevent the attainment or maintenance of any ambient air qualit y standard, and require that prior to commencing construction or modification of any suchsource, the owner or operator thereof shall submit such information as may be nec essary 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 th at each state’s SIP must contain adequate provisions to prohibit air pollutant emiss ions 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 NO 2

### NAAQS. Therefore, North Dakota sources do not significantly contribute to n on-attainment areas.
B. Interfere with Maintenance Requirement of Sectio n 110(a)(2)(D)
Section 110(a)(2)(D)(i)(I) specifically provides th at each state’s SIP must contain adequate provisions to prohibit air pollutant emiss ions 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 provi sion requires evaluation of impacts on areas of other states that are meeting the nitrogendioxide 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 NO 2

### in the U.S. is the South Coast Air Basin in Califo rnia. This maintenance area is located approximately 1,10 0 miles southwest of the North Dakota border in a direction that does support frequent transport of air pollution.

North Dakota collects NO 2 

### ambient monitoring data from several sites. Data f rom these sites, and others operated by industry, indicate very low ambient concentrations of NO 2 

### as shown in the following table:

NO 2 

### 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, NO X

### emissions have been steadily declining (see Attachment 21). Since 2002, point source emissions have decreased 3 0% from 87,689 tons to 61,266 tons in 2011. The Regional Haze SIP is expected to decrease NO X

### emissions by an additional 10% by 2018. As emissions decrease, any contributi on to other States’ ambient concentrations will also decrease.

Based on the above, North Dakota believes its SIP i s adequate to prohibit NO X

### emissions that will prevent or interfere with the maintenanceof 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 Dakot a 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 th e North Dakota.
The Department has adopted the Federal PSD rules by reference as they exist on January 1, 2012. These rules incorporate all existing requ irements for nitrogen oxides. The PSD rules require compliance with the 2010 nitrogen dio xide NAAQS incorporated in NDAC 33-15-02.
D. Visibility sub-element of 110(a)(2)(D)(i)(II) an d 110(a)(2)(J):
These sections require that sources in North Dakot a 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 Dakot a Class I areas.
North Dakota has in place a SIP to address visibil ity impairment for major source (PSD) permitting (NDAC 33-15-15), specific visibility imp airment (RAVI) and plume blight (NDAC 33-15-19). To date, no sources in North Dako ta have been identified as causing “reasonably attributable visibility impairment” in any Federal Class I area. The Department has prepared and submitted to EPA (March3, 2010) a SIP revision to address regional haze for the current planning peri od. 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 degrad ation in the least impaired days.

Section 110(a)(2)(D)(ii): Interstate and Internati onal Transport Provisions :
Section 110(a)(2)(D)(ii) requires that each plan in clude 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 co mprehensive regional land use planning agency; and any state, federal land manage r, 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 t o 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 Dako ta 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. TheDepartment shall :

• Encourage the voluntary cooperation of persons or a ffected 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 thereo f.

• 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 ag encies and with affected groups and industries.

### 9

• Issue such orders as may be necessary to effectuatethe purposes of this chapter and enforce the same by all appropriate administrative and judicial procedures.

• Provide rules and regulations relating to the const ruction 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 qualit y standards, and require that prior to commencing construction or modification of any such source, the owner or operator thereof shall submit such information a s may be necessary to permit the Department to make such determination.

• Establish ambient air quality standards for the sta te which may vary according to appropriate areas.

• Formulate and promulgate emission control requireme nts 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 co ntainment source to establish and maintain such records; make such reports; insta ll, use and maintain such monitoring equipment or methods; sample such emissi ons in accordance with such methods, at such locations, intervals, and pro cedures; and provide such other information as may be required.

• Provide by rules and procedures necessary and appro priate to develop, implement, and enforce any air pollution preventionand control program established by the Federal Clean Air Act, as amended, and the authorities and responsibilities of which are delegatable to the st ate by the United States environmental protection agency. Such rules may in clude any and all enforceable ambient standards, emission limitations, and other control measures, means, techniques, or economic incentives such as fees, ma rketable permits, and actions of emission rights as provided by the Act. The Dep artment 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-ba sed paint remediation training, certification and performance requirement s 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 St ate 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 o ther agencies, departments or local units that have been delegated authority to develop any portio n 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 modifie d sources. Title V fees are adjusted annually to match the change in the consumer price index.
The Department currently has 12 people dedicated topermitting 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 additi onal staff is projected to be required in the next five years. If additional staff is needed to addres s new sources of NO X

### emissions, the Department believes revenues will be sufficient to support tho se positions.
NDCC 23-25-04.2 provides the statutory authority fo r collecting fees.
NDCC 23-25-04.2, Fees – Deposit in operating fund. The Department by rule or regulation may prescribe and provide for the paymen t and collection of reasonable fees for the issuance of permits or registration certifi cates. The permit or registration certificate fees must be based on the anticipated c ost of filing and processing the application, of taking action on the requested perm it or registration certificate, and conducting an inspection program to determine compl iance or noncompliance with the permit or registration certificate. Any moneys col lected 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 a ssembly.
Resources for the operation of the air pollution co ntrol 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 NO 2

### 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 statio nary 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 monit oring 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; makesuch reports; install, use and maintain such monitoring equipment or methods; samp le such emissions in accordance with such methods, at such locations, intervals, an d 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 auth ority 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 inviolation 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 episod e provisions in their SIPs.
NDAC 33-15-11, Prevention of Air Pollution Emergenc y 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 neces sary 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 anemergency, 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 actionto protect the public health and safety, the Departmen t 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 Se ction 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 NAA QS, availability of improved methods for attaining the NAAQS, or in response to an EPA findi ng 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 p revention and control program established by the Federal Clean Air Act, as amende d, and the authorities and responsibilities of which are delegatable to the st ate by the United States environmental protection agency. Such rules may include any and all enforceable ambient standards, emission limitations, and other control measures, m eans, techniques, or economic incentives such as fees, marketable permits, and au ctions 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 sta te.
The North Dakota SIP, Section 1.14, commits the Dep artment to making the necessary revisions. Section 1.14 states “The Department will revise thi s 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 imp lementation plan whenever the Administrator of the United States Environmental Protection Agenc y 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 o r 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 i s in accordance with the requirements of the Federal Clean Air Act.”

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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 participatio n procedures of NDAC 33-15-14-02.6 are followed for minor sources. For sources subject toPSD review, the public participation procedures in paragraph (q) of NDAC 33-15-15-01.2 a re 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 planningagency, and any state, federal land manager or Indian body whose lands will be significantly af fected by a proposed source’s emissions. Consultation with the FLMs for PSD projects is acco mplished 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 fo llowed. 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, loc al 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 stan dard is exceeded. The public will be advised of the potential health effects, measures which canbe taken to prevent future exceedances, and ways they can participate in the regulatory and oth er 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 pol lution 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 NDC C 33-15-15-01.2(k)(i), a PSD applicant must demonstrate compliance with the SAAQS includin g 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 t o predict the impact of a source on air quality. The section also commits the Department t o 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 orie nted field studies and sampling the degree of air pollution in the state and the severa l parts thereof.

and
NDCC 23-25-03-12 - Provide by rules and procedures necessary and appropriate to develop, implement, and enforce any air pollution p revention and control program established by the Federal Clean Air Act, as amende d, 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 au ctions 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 sta te.
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 processin g 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 23-25-0 4.2.
NDCC 23-25-04.2. Fees – Deposit in operating fund: The Department by rule or regulation may prescribe and provide for the paymen t and collection of reasonable fees for the issuance of permits or registration certifi cates. The permit or registration certificate fees for the issuance of the anticipate d cost of filing and processing the application, of taking action on the requested perm it or registration certificate, and conducting an inspection program to determine compl iance or noncompliance with the permit or registration certificate. Any moneys col lected 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 a ssembly.
The Department collects fees for reviewing permit applications, annual minor source Permit to Operate fees and Title V Permit to Operate fees. N orth 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 entiti es : Section 110(a)(2)(M) requires SIPs to provide for consultation and participation in SIP d evelopment 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 b een 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 toother organizations.
The North Dakota SIP, Chapter 10, addresses the con sultation process the Department will use to coordinate with local political subdivisions that a re affected by any SIP revisions. NDCC 23-25- 03 also requires consultation by stating that the D epartment shall:

NDCC 23-25-03.4 – Advise, consults and cooperates w ith 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 s uch 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 heari ng. 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, regulatio ns 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 non attainment area SIP requirements.

State Boards: Section 128 requires that any board or body that ap proves 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, memb ers of such boards or bodies, or the head of an executive agency with similar powers, must adequ ately 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 state s “The State Health Officer may not engage in any occupation or business that may confl ict 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 NO 2 

### .

### 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. NO X

### 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 Qualityfile Edit View favoriles Tools Help W I!J Air Quality Program**~Automotive** Repair and A...**~** Best of tile Web**~J** Channel Guide (it FDsys

- Browse Code of F...**~** Free Holmail ))**~** .,..**~** ... ::21**~** ... Page.- Safety• Tools,.. 8• »

• Home

•. Ajr Quality Rules

.. Air _Quality forms**+PJrPe~ng**

+ AifToxics-
' Open Buming

• Aeria!Spraymg**'~~~s~sa. ~**  Oil & Gsa Wells

+**Emi~s~** Testing**~** Emission IIJVentwy

• Ambient Monitoring

• Dispersion Modeling**·~** •**T!!Hni~**

7 Unks**+C,O~~~s** *Air Quality Division 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 777West 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 ManagerState 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 550825 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 777West 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 ManagerState 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 Avenue 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 · 2 013. 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 m ust 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**~:oo 1** **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~o** ceeds 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 ··1Order: 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