UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

Ref: 8P-AR

Terry O'Clair, Director

Division of Air Quality

North Dakota Department of Health

P.O. Box 5520

Bismarck, North Dakota 58506-5520

Dear Mr. O'Clair: 1595 Wynkoop Street

DENVER, CO 80202-1129

Phone 800-227-8917

http :/lwww. epa. gov/region08



### FEB Z 7 

### 2014

RE: Automatic Delegation of Clean Air Act (CAA) Section 111

Requirements

This letter is to notify you of the EPA Region 8' s intention to automatically delegate the CAA section

111 Standards of Performance for New Stationary Sources, 40 CFR part 60 standards, also known as

New Source Performance Standards (NSPS) to your state. The letter also provides information about the

statutory basis for automatic delegation of section 111 standards and outlines a communication protocol

that should be followed regarding the adoption of these standards.

Section 111(c) and an approved part 70 operating permits (title V) program authorizes states to receive

automatic delegation of section 111 standards if the federal standards are incorporated by reference

(IBR). The title V program approval is a demonstration that the state has the ability to implement and

enforce existing section 111 standards and a commitment to implement and enforce future standards to

assure the timely issuance or revision of part 70 permits. The EPA approved North Dakota's title V

program on July 7, 1995 (60FR35335).

Similar to the automatic delegation for National Emission Standards for Hazardous Air Pollutants

(NESHAPs) currently used by North Dakota, automatic delegation of the NSPS is only permissible if

the NSPS are IBR into the North Dakota Century Code. The state then has delegation automatically to

implement and enforce those standards for affected sources when the NSPS are incorporated unchanged

into the Century Code. The date of delegation would be the date the standards are effective in the

Century Code. If North Dakota adopts an NSPS but chooses not to accept delegation of the NSPS,

you should notify us prior to the first compliance date. It is important to note that ifNorth Dakota

changes an NSPS in any way, then the standard would not be automatically delegated and formal caseby-case approval and delegation must occur. Until approval occurs, the EPA remains the implementing

and enforcing authority.States also have the option of receiving partial delegation of an NSPS. The procedures for automatic

partial delegation of severable portions of any NSPS are as follows: 1) the state must clearly define the

separable subcategory in the particular NSPS or the specific separable subset of affected sources in the

specific NSPS so regulated sources and the public know who is the implementing and enforcing

authority; and 2) the applicable portions of the federal NSPS must be adopted by IBR into the state

regulations or rules with a clear explanation of what is included and what is not incorporated into the

state rule.

To avoid confusion, it is essential for the EPA and North Dakota to keep an accurate record of the

primary enforcement authority for each NSPS. Toward that end, we request that you notify the EPA

within 60 days of incorporating an unchanged NSPS into state rules. The notification should include an

official copy of the standard that is stamped, dated and signed by the appropriate official. The official

copy should also include the date of adoption and the effective date. If there is a change in the schedule

for the NSPS becoming effective, then the state should notify the EPA as soon as possible. If the delay

extends beyond the standard's compliance date, the EPA will implement and enforce the standard until

the state has an effective standard. The EPA will meet the requirement for public notification for

delegation ofNSPS via a webpage on the Region 8 website at www2.epa.gov/region8/air-program. The

EPA will notify the public in a Federal Register Notice that future delegation updates will be provided

on the Region 8 website and that the website will replace the Federal Register Notice.

Please note there are some section 111 standards that may not be automatically delegated to a state. The

section 111 requirements found in 40 CFR part 60 subparts Cb, Cc, Cd, Ce, BBBB, DDDD, FFFF and

MMMM are emission guidelines that require state plans and are approved under a separate process

pursuant to section 111(d) of the CAA. In addition, some portions of the section 111 standards and their

associated general provisions, by their own terms, may not be delegated to a state. The EPA

Administrator retains authority to implement those sections that require: 1) approving equivalency

determinations and alternate test methods; 2) decision-making to ensure national consistency; and 3)

EPA rulemaking in order to implement. Enclosure I with this letter is a list of example sections in 40

CFR part 60 that may not be delegated. Accordingly, the EPA is retaining authority over those portions

of the CFR part 60 standards that may not be delegated.

Enforcement of the delegated section 111 standards within the state would be the primary responsibility

of the North Dakota Department of Health (NDDH). If the NDDH determines that such enforcement is

not feasible and so notifies the EPA, or where NDDH acts in a manner inconsistent with the terms of

this delegation, the EPA may exercise its concurrent enforcement authority pursuant to section 113 of

the CAA, as amended, with respect to sources within the state of North Dakota, excluding Indian

country, subject to section 111 standards.

The automatic delegation ofNSPS that have been IBR and have not yet been delegated to North Dakota

will be effective on February 27, 2014, as indicated in Enclosure II. If you do not want to use automatic

delegation retroactively for any outstanding NSPS delegations, then provide a list ofNSPS that have

been adopted and that you want excluded from the automatic delegation process within 30 days of

receipt of this letter. Please note that an NSPS delegation request should not be included in a State

Implementation Plan (SIP) submittal because the automatic delegation procedure is replacing requests

for NSPS delegation.If you have questions about our action or the delegation process, please contact me directly at (303) 312-

6416 or your staff can contact Victoria Parker-Christensen, Air Program, at (303) 312-6441 or

parker -christensen. vi ctoria@epa. go v.

Enclosures 

# Siwa

Carl Daly, Director

# ~ Air Program

cc: Tom Bachman, North Dakota Dept. of Health, Division of Air Quality

Cynthia Reynolds, USEPA Region 8, SENF-ATEnclosure 

### I. Examples of authorities in 40 CPR part 60 that may not be delegated to a state.

§§60.8(b) (2) and (b)(3) and those sections throughout the standards that reference

Subpart A §§60.8(b)(2) and (b)(3), §60.11(b) and (e), §60.1:i (g), (i) and (j)(2)

Subpart B §60.22, §60.27, and §60.29

Subpart Da §60.47Da

Subpart Db §60.44b(f), §60.44b(g), §60.49b(a)(4)

Subpart De §60.48c(a)(4)

Subpart F §60.66

Subpart J §60.1 05(a)(l3)(iii), §60.1 06(i)(l2)

Subpart Ja §60.1 03a(i)

Subpart Ka §60.114a

Subprut Kb §60.111 b(f)( 4), §60.114b, §60.116b( e)(3) (iii) and (iv), §60.116b(f)(2)(iii)

Subpart 0 §60.153(e)

Subpart EE §60.316(d)

Subpart RR §60.446(c)

Subpart SS §60.456(d)

Subpart TT §60.466(d)

Subpart UU §60.474(g)

Subpart VV §60.482-1(c)(2) and §60.484

Subpart WW §60.496(c)

Subpart XX §60.502(e)(6)

SubpartAAA §60.531, §60.533, §60.534, §60.535, §60.536(i)(2), §60.537, §60.538(e), §60.539

Subpart BBB §60.543( c )(2)(ii)(B)

SubpartDDD §60.562-2(c)

Subpart KKK §60.634.

Subpart Ill §60.613(e)

SubpartNNN §60.663(e)

Subpart QQQ §60.694

Subpart RRR §60.703(e)

§60.711(a)(16), §60.713(b)(l)(i), §60.713(b)(1)(ii), §60.713(b)(5)(i), §60.713(d),

Subpart SSS §60.715(a), §60.716

Subpart TTT §60.723(b)(1), §60.723(b)(2)(i)(C), §60.723(b)(2)(iv), §60.724(e), §60.725(b)

Subpart VVV §60.743(a)(3)(v)(A) and (B), §60.743(e), §60.745(a), §60.746

Subpart WWW §60.754(a)(5)

Subpart CCCC §§60.2030(c)(l) through (4) and (c)(6) through (10)

Subprut EEEE §§60.2889(b )(1) through (6)Enclosure II. Delegation Summary for NSPS for NorthDakotaThe following is a list of promulgated NSPS and includes whether the state has adopted the NSPS through IBR and received delegation ofthat NSPS or if the adopted NSPS will be automatically delegated with this letter. Our records indicate that there are five (5) NSPS that havebeen IBR by North Dakota, have not been delegated and will be automatically delegated with this letter. These NSPS are: subpartsVVa,GGGa, IIII, JJJJ, and KKKK.SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)A General ProvisionsX X --B Adoption and Submittal of State Plans for Designated Facilities -- -- --DStandards of Performance for Fossil-Fuel-Fired Steam Generatorsfor Which Construction is Commenced After August 17, 1971. X X --DaStandards of Performance for Electric Utility SteamGeneratingUnits for Which Construction is Commenced After September 18,1978.X X --DbStandards of Performance for Industrial-Commercial-InstitutionalSteam Generating UnitsX X --DcStandards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units X X --E Standards of Performance for Incinerators X X --EaStandards of Performance for Municipal Waste Combustors forWhich Construction is Commenced After December 20,1989 andon or Before September 20, 1994X X --EbStandards of Performance for Large Municipal WasteCombustorsfor Which Construction is Commenced After September20, 1994or for Which Modification or Reconstruction is Commenced AfterJune 19, 1996-- -- --EcStandards of Performance for Hospital/Medical/Infectious WasteIncinerators for Which Construction is Commenced After June 20,1996X X --F Standards of Performance for Portland Cement Plants X X --G Standards of Performance for Nitric Acid Plants XX --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)GaStandards of Performance for Nitric Acid Plants forWhichConstruction, Reconstruction, or Modification Commenced AfterOctober 14, 2011-- -- --H Standards of Performance for Sulfuric Acid PlantsX X --I Standards of Performance for Hot Mix Asphalt Plants X X --J Standards of Performance for Petroleum RefineriesX X --JaStandards of Performance for Petroleum Refineries for WhichConstruction, Reconstruction, or Modification Commenced AfterMay 14, 2007X -- --KStandards of Performance for Storage Vessels for PetroleumLiquids for Which Construction, Reconstruction, orModificationCommenced After June 11, 1973, and Prior to May 19,1978 X X --KaStandards of Performance for Storage Vessels for PetroleumLiquids for Which Construction, Reconstruction, orModificationCommenced After May 18, 1978, and Prior to July 23,1984 X X --KbStandards of Performance for Volatile Organic Liquid StorageVessels (Including Petroleum Liquid Storage Vessels) for WhichConstruction, Reconstruction, or Modification Commenced AfterJuly 23, 1984X X --L Standards of Performance for Secondary Lead Smelters -- -- --MStandards of Performance for Secondary Brass and BronzeProduction Plants-- -- --NStandards of Performance for Primary Emissions fromBasicOxygen Process Furnaces for Which Construction is CommencedAfter June 11, 1973-- -- --NaStandards of Performance for Secondary Emissions from BasicOxygen Process Steelmaking Facilities for Which Construction isCommenced After January 20, 1983 -- -- --O Standards of Performance for Sewage Treatment Plants X X --P Standards of Performance for Primary Copper Smelters -- -- --Q Standards of Performance for Primary Zinc Smelters -- -- --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)R Standards of Performance for Primary Lead Smelters -- -- --SStandards of Performance for Primary Aluminum ReductionPlants-- -- --TStandards of Performance for the Phosphate Fertilizer Industry:Wet-Process Phosphoric Acid Plants X X --UStandards of Performance for the Phosphate Fertilizer Industry:Superphosphoric Acid PlantsX X --VStandards of Performance for the Phosphate Fertilizer Industry:Diammonium Phosphate PlantsX X --WStandards of Performance for the Phosphate Fertilizer Industry:Triple Superphosphate PlantsX X --XStandards of Performance for the Phosphate Fertilizer Industry:Granular Triple Superphosphate Storage Plants X X --YStandards of Performance for Coal Preparation and ProcessingPlantsX X --Z Standards of Performance for Ferroalloy Production Plants X X --AAStandards of Performance for Steel Plants: ElectricArc FurnacesConstructed After October 21, 1974 and On or BeforeAugust 17,1983X X --AAaStandards of Performance for Steel Plants: ElectricArc Furnacesand Argon-Oxygen Decarburization Vessels Constructed AfterAugust 7, 1983X X --BB Standards of Performance for Kraft Pulp Mills ---- --CC Standards of Performance for Glass ManufacturingPlants X X --DD Standards of Performance for Grain Elevators X X--EE Standards of Performance for Surface Coating ofMetal Furniture X X --GG Standards of Performance for Stationary Gas Turbines X X --HH Standards of Performance for Lime ManufacturingPlants X X --KKStandards of Performance for Lead-Acid Battery ManufacturingPlantsX X --LL Standards of Performance for Metallic Mineral Processing Plants X X --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)MMStandards of Performance for Automobile and Light Duty SurfaceCoating OperationsX X --NN Standards of Performance for Phosphate Rock Plants X X --PP Standards of Performance for Ammonium Sulfate Manufacture X X --QQStandards of Performance for the Graphic Arts Industry:Publication Rotogravure PrintingX X --RRStandards of Performance for Pressure Sensitive andLabelSurface Coating OperationsX X --SSStandards of Performance for Industrial Surface Coating: LargeAppliancesX X --TT Standards of Performance for Metal Coil SurfaceCoating X X --UUStandards of Performance for Asphalt Processing andAsphaltRoofing ManufactureX X --VVStandards of Performance for Equipment Leaks of VOCin theSynthetic Organic Chemicals Manufacturing Industryfor whichConstruction, Reconstruction, or Modification Commenced AfterJanuary 5, 1981, and on or Before November 7, 2006X X --VVaStandards of Performance for Equipment Leaks of VOCin theSynthetic Organic Chemicals Manufacturing Industryfor WhichConstruction, Reconstruction, or Modification Commenced AfterNovember 7, 2006X --XWWStandards of Performance for the Beverage Can Surface CoatingIndustryX X --XX Standards of Performance for Bulk Gasoline Terminals X X --AAA Standards of Performance for New Residential Wood Heaters X X --BBBStandards of Performance for the Rubber Tire ManufacturingIndustryX X --DDDStandards of Performance for Volatile Organic Compound (VOC)Emissions from the Polymer Manufacturing Industry XX --FFFStandards of Performance for Flexible Vinyl and UrethaneCoating and PrintingX X --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)GGGStandards of Performance for Equipment Leaks of VOCinPetroleum Refineries for Which Construction, Reconstruction, orModification Commenced After January 4, 1983, and on or BeforeNovember 7, 2006X X --GGGaStandards of Performance for Equipment Leaks of VOCinPetroleum Refineries for Which Construction, Reconstruction, orModification Commenced After November 7, 2006 X --XHHH Standards of Performance for Synthetic Fiber Production Facilities X X --IIIStandards of Performance for Volatile Organic Compound (VOC)Emissions From the Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Air Oxidation Unit Processes X X --JJJ Standards of Performance for Petroleum Dry Cleaners X X --KKKStandards of Performance for Equipment Leaks of VOCFromOnshore Natural Gas Processing Plants for Which Construction,Reconstruction, or Modification Commenced After January 20,1984, and on or Before August 23, 2011 X X --LLLStandards of Performance for SO2 Emissions from OnshoreNatural Gas Processing for Which Construction, Reconstruction,or Modification Commenced After January 20, 1984, and on orBefore August 23, 2011X X --NNNStandards of Performance for Volatile Organic Compound (VOC)Emissions From Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Distillation Operations X X --OOOStandards of Performance for Nonmetallic Mineral ProcessingPlantsX X --PPPStandard of Performance for Wool Fiberglass InsulationManufacturing PlantsX X --QQQStandards of Performance for VOC Emissions From PetroleumRefinery Wastewater SystemsX X --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)RRRStandards of Performance for Volatile Organic CompoundEmissions from Synthetic Organic Chemical ManufacturingIndustry (SOCMI) Reactor Processes X X --SSS Standards of Performance for Magnetic Tape Coating Facilities X X --TTTStandards of Performance for Industrial Surface Coating: SurfaceCoating of Plastic Parts for Business Machines X X--UUUStandards of Performance for Calciners and Dryers in MineralIndustriesX X --VVVStandards of Performance for Polymeric Coating of SupportingSubstrates FacilitiesX X --WWW Standards of Performance for Municipal Solid Waste Landfills X X --AAAAStandards of Performance for Small Municipal WasteCombustionUnits for Which Construction is Commenced After August 30,1999 or for Which Modification or Reconstruction isCommencedAfter June 6, 2001X X --CCCCStandards of Performance for Commercial and Industrial SolidWaste Incineration Units for which Construction isCommencedAfter November 30, 1999 or for Which Modification orReconstruction is Commenced on or After June 1, 2001. X X --EEEEStandards of Performance for Other Solid Waste IncinerationUnits for Which Construction is Commenced After December 9,2004, or for Which Modification or Reconstruction is Commencedon or After June 16, 2006-- -- --IIIIStandards of Performance for Stationary CompressionIgnitionInternal Combustion EnginesX -- XJJJJStandards of Performance for Stationary Spark Ignition InternalCombustion EnginesX -- XKKKK Standards of Performance for Stationary Combustion Turbines X -- XLLLLStandards of Performance for New Sewage Sludge IncinerationUnits-- -- --SubpartSubpart TitleState IBR of40 CFR part 60dated 1/01/2013EPA Delegated toState per40 CFR 60.4(c)(as of March 2009)New Delegationafter40 CFR 60.4(c)(after March 2009)OOOOStandards of Performance for Crude Oil and NaturalGasProduction, Transmission and Distribution -- -- --