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 

Air Program 

Daly, Director ~ 

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

Cynthia Reynolds, USEPA Region 8, SENF-AT 
Enclosure 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 North Dakota 

The following is a list of promulgated NSPS and includes whether the state has adopted the NSPS through IBR and r

that NSPS or if the adopted NSPS will be automatically delegated with this letter. Our records indicate that there are 

been IBR by North Dakota, have not been delegated and will be automatically delegated with this letter. These NSPS 

GGGa, IIII, JJJJ, and KKKK.

Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

A General Provisions X X B Adoption and Submittal of State Plans for Designated Facilities -- -- D 

Standards of Performance for Fossil-Fuel-Fired Steam Generators 

for Which Construction is Commenced After August 17, 1971. X X 

Da 

Standards of Performance for Electric Utility Steam Generating 

Units for Which Construction is Commenced After September 18, 1978. X X 

Db 

Standards of Performance for Industrial-Commercial-Institutional 

Steam Generating Units X X 

Dc 

Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units X X 

E Standards of Performance for Incinerators X X Ea 

Standards of Performance for Municipal Waste Combustors for 

Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994 X X 

Eb 

Standards of Performance for Large Municipal Waste Combustors 

for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996 -- -- 

Ec 

Standards of Performance for Hospital/Medical/Infectious Waste 

Incinerators for Which Construction is Commenced After June 20, 1996 X X 

F Standards of Performance for Portland Cement Plants X X G Standards of Performance for Nitric Acid Plants X X 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

Ga 

Standards of Performance for Nitric Acid Plants for Which 

Construction, Reconstruction, or Modification Commenced After October 14, 2011 -- -- 

H Standards of Performance for Sulfuric Acid Plants X X I Standards of Performance for Hot Mix Asphalt Plants X X J Standards of Performance for Petroleum Refineries X X Ja 

Standards of Performance for Petroleum Refineries for Which 

Construction, Reconstruction, or Modification Commenced After May 14, 2007 X -- 

K 

Standards of Performance for Storage Vessels for Petroleum 

Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978 X X 

Ka 

Standards of Performance for Storage Vessels for Petroleum 

Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984 X X 

Kb 

Standards of Performance for Volatile Organic Liquid Storage 

Vessels (Including Petroleum Liquid Storage Vessels) for Which 

Construction, Reconstruction, or Modification Commenced After 

July 23, 1984 X X 

L Standards of Performance for Secondary Lead Smelters -- -- M 

Standards of Performance for Secondary Brass and Bronze 

Production Plants -- -- 

N 

Standards of Performance for Primary Emissions from Basic 

Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 -- -- 

Na 

Standards of Performance for Secondary Emissions from Basic 

Oxygen Process Steelmaking Facilities for Which Construction is Commenced 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 -- -- 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

R Standards of Performance for Primary Lead Smelters -- -- S 

Standards of Performance for Primary Aluminum Reduction 

Plants -- -- 

T 

Standards of Performance for the Phosphate Fertilizer Industry: 

Wet-Process Phosphoric Acid Plants X X 

U 

Standards of Performance for the Phosphate Fertilizer Industry: 

Superphosphoric Acid Plants X X 

V 

Standards of Performance for the Phosphate Fertilizer Industry: 

Diammonium Phosphate Plants X X 

W 

Standards of Performance for the Phosphate Fertilizer Industry: 

Triple Superphosphate Plants X X 

X 

Standards of Performance for the Phosphate Fertilizer Industry: 

Granular Triple Superphosphate Storage Plants X X 

Y 

Standards of Performance for Coal Preparation and Processing 

Plants X X 

Z Standards of Performance for Ferroalloy Production Plants X X AA 

Standards of Performance for Steel Plants: Electric Arc Furnaces 

Constructed After October 21, 1974 and On or Before August 17, 1983 X X 

AAa 

Standards of Performance for Steel Plants: Electric Arc Furnaces 

and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983 X X 

BB Standards of Performance for Kraft Pulp Mills -- -- CC Standards of Performance for Glass Manufacturing Plants X X DD Standards of Performance for Grain Elevators X X EE Standards of Performance for Surface Coating of Metal Furniture X X GG Standards of Performance for Stationary Gas Turbines X X HH Standards of Performance for Lime Manufacturing Plants X X KK 

Standards of Performance for Lead-Acid Battery Manufacturing 

Plants X X 

LL Standards of Performance for Metallic Mineral Processing Plants X X 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

MM 

Standards of Performance for Automobile and Light Duty Surface 

Coating Operations X X 

NN Standards of Performance for Phosphate Rock Plants X X PP Standards of Performance for Ammonium Sulfate Manufacture X X QQ 

Standards of Performance for the Graphic Arts Industry: 

Publication Rotogravure Printing X X 

RR 

Standards of Performance for Pressure Sensitive and Label 

Surface Coating Operations X X 

SS 

Standards of Performance for Industrial Surface Coating: Large 

Appliances X X 

TT Standards of Performance for Metal Coil Surface Coating X X UU 

Standards of Performance for Asphalt Processing and Asphalt 

Roofing Manufacture X X 

VV 

Standards of Performance for Equipment Leaks of VOC in the 

Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006 X X 

VVa 

Standards of Performance for Equipment Leaks of VOC in the 

Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 X -- 

WW 

Standards of Performance for the Beverage Can Surface Coating 

Industry X X 

XX Standards of Performance for Bulk Gasoline Terminals X X AAA Standards of Performance for New Residential Wood Heaters X X BBB 

Standards of Performance for the Rubber Tire Manufacturing 

Industry X X 

DDD 

Standards of Performance for Volatile Organic Compound (VOC) 

Emissions from the Polymer Manufacturing Industry X X 

FFF 

Standards of Performance for Flexible Vinyl and Urethane 

Coating and Printing X X 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

GGG 

Standards of Performance for Equipment Leaks of VOC in 

Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before 

November 7, 2006 X X 

GGGa 

Standards of Performance for Equipment Leaks of VOC in 

Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006 X -- 

HHH Standards of Performance for Synthetic Fiber Production Facilities X X III 

Standards of Performance for Volatile Organic Compound (VOC) 

Emissions From the Synthetic Organic Chemical Manufacturing 

Industry (SOCMI) Air Oxidation Unit Processes X X 

JJJ Standards of Performance for Petroleum Dry Cleaners X X KKK 

Standards of Performance for Equipment Leaks of VOC From 

Onshore Natural Gas Processing Plants for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011 X X 

LLL 

Standards of Performance for SO2 Emissions from Onshore 

Natural Gas Processing for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011 X X 

NNN 

Standards of Performance for Volatile Organic Compound (VOC) 

Emissions From Synthetic Organic Chemical Manufacturing 

Industry (SOCMI) Distillation Operations X X 

OOO 

Standards of Performance for Nonmetallic Mineral Processing 

Plants X X 

PPP 

Standard of Performance for Wool Fiberglass Insulation 

Manufacturing Plants X X 

QQQ 

Standards of Performance for VOC Emissions From Petroleum 

Refinery Wastewater Systems X X 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

RRR 

Standards of Performance for Volatile Organic Compound 

Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes X X 

SSS Standards of Performance for Magnetic Tape Coating Facilities X X TTT 

Standards of Performance for Industrial Surface Coating: Surface 

Coating of Plastic Parts for Business Machines X X 

UUU 

Standards of Performance for Calciners and Dryers in Mineral 

Industries X X 

VVV 

Standards of Performance for Polymeric Coating of Supporting 

Substrates Facilities X X 

WWW Standards of Performance for Municipal Solid Waste Landfills X X AAAA 

Standards of Performance for Small Municipal Waste Combustion 

Units for Which Construction is Commenced After August 30, 

1999 or for Which Modification or Reconstruction is Commenced 

After June 6, 2001 X X 

CCCC 

Standards of Performance for Commercial and Industrial Solid 

Waste Incineration Units for which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001. X X 

EEEE 

Standards of Performance for Other Solid Waste Incineration 

Units for Which Construction is Commenced After December 9, 

2004, or for Which Modification or Reconstruction is Commenced 

on or After June 16, 2006 -- -- 

IIII 

Standards of Performance for Stationary Compression Ignition 

Internal Combustion Engines X -- 

JJJJ 

Standards of Performance for Stationary Spark Ignition Internal 

Combustion Engines X -- 

KKKK Standards of Performance for Stationary Combustion Turbines X -- LLLL 

Standards of Performance for New Sewage Sludge Incineration 

Units -- -- 
Subpart Subpart Title 

State IBR of 

40 CFR part 60 

dated 1/01/2013 

EPA Delegated to 

State per 

40 CFR 60.4(c) 

(as of March 2009

OOOO 

Standards of Performance for Crude Oil and Natural Gas 

Production, Transmission and Distribution -- --