### , Case 1 :06-cv-00034-DLH-CSM Document 1 Filed**04/24/200rr-~~~~~** 

### _

IN THE UNITED STATES DISTRICT COURT

FOR

### THE DISTRICT OFNORTH DAKOTA

UNITED STATES OF AMERICA and ) STATE OFNORTH DAKOTA, ) ) Plaintiffs, )
v. ) ) Civil ActionNo:

# 1·.Ol.e~ c-V
....

# O~ ) ) MINNKOTA POWERCOOPERA

### TNE, Inc. and ) SQUAREBUTTE ELECTRIC COOPERATIVE, ) ) Defendants. ) ) COMPLAINT TheUnited States ofAmerica ("United States"), by authority ofthe Attorney General of the United States and through the undersigned attorneys, acting at the request ofthe Administrator ofthe United States Environmental Protection Agency ("EPA"), and the State of North Dakota, acting at the request ofthe North Dakota Department ofHealth ("NDDH"), allege
as follows: NATURE OF THE ACTION 1. This is a civil action brought against Minnkota Power Cooperative, Inc. (''Minnkota'') and Square Butte Electric Cooperative ("Square Butte")pursuant to Sections 113(b) and 167 ofthe Clean Air Act ("the Act"), 42 U.S.C. §§ 7413(b) and 7477, for injunctive reliefand the assessment ofcivil penalties for violations ofthe Prevention ofSignificant

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Deterioration ("PSD") provisions ofthe Act, 42 U.S.c. §§ 7470-92, Title V ofthe Act, 42 U.S.C. § 7661 

### etseq., and the federally approved and enforceable North Dakota State Implementation Plan ("SIP"). 2. As set forth more fully herein, between 1980 and the present, Minnkota and Square Butte (collectively, the "Settling Defendants'') modified and thereafter operated certain coalfired electricity generating units without first obtaining a PSD permit authorizing the construction and without installing the best available technology to control emissions of sulfur dioxide (S02)' nitrogen oxides (N0x), and particulate matter (PM), as requiredby the Act, applicable federal regulations, and the SIP. 3. As a result ofthe Settling Defendants' operation ofthe unlawfully modified electricity generating units ("Units") without appropriate pollution controls, massive amounts of NOx , S02' and PM have been, and still are being, released into the atmosphere, JURISDICTIONAND VENUE 4. This Court hasjurisdiction ofthe subjectmatter ofthis actionpursuant to Sections 113(b) and 167 ofthe Act, 42 U.S.c. §§ 7413(b) and 7477, and pursuant to 28 U.S.c. §§ 1331, 1345, and 1355. 5. Venue is proper in this District pursuant to Sections 113(b) ofthe Act, 42 U.S.c. §§ 7413(b), and 28 U.S.c. §§ 1391(b), (c) and 1395(a), because violations occurred and
are occurring inthis District, and the facility at issue is owned and/or operated bythe Settling Defendants in this District.



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NOTICES 6. The United States has provided notice ofthe commencement ofthis action to the State of North Dakota as required by Section 113(b) ofthe Act, 42 U.S.C. § 7413(b). 7. The 30-dayperiod established in 42 U.S.C. § 7413, between issuance ofthe Notice of Violation and commencement ofa civil action, has elapsed. THE DEFENDANTS 8. Minnkota is a regional power generator and cooperative electric utility serving eleven member-owner distribution cooperatives and utilities in Minnesota and eastern North Dakota. Minnkota has a service area ofapproximately 35,000 square miles. Minnkota is
a "person" within the meaning ofSection 302(e) ofthe Act, 42 U.S.C. § 7602(e). At all times relevant to this action, including the present, Minnkota has operated Units 1 and 2 ofthe Milton R. Young Station in Center, North Dakota, and has owned Unit 1 at the facility. BothUnit 1 and Unit 2 at the Milton R. Young Station are coal-fired Units. 9. At all times relevant to this action, including the present, Square Buttehas owned Unit 2 ofthe Milton R. Young Station. STATUTORY AND REGULATORY BACKGROUND 10. The Clean Air Act is designed to protect and enhance the quality ofthe nation's air so as to promote the public health and welfare and the productive capacity ofits population. See Section 101(b)(l) ofthe Act, 42 U.S.c. § 740l(b)(l).

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A. The National Ambient Air Quality Standards 11. Section 108(a) ofthe Act, 42 U.S.c. § 7408(a), requires the AdministratorofEPA to identify and promulgate air quality criteria for each airpollutant which may endanger public health orwelfare when emitted, and which results from numerous ordiverse mobile or stationary sources. Foreach such pollutant,**Secti~n** 109 ofthe Act, 42 U.S.C. § 7409, requires EPAto promulgatenational ambient air quality standards ("NAAQS") requisite to protect the public health and welfare. Pursuant to Sections 108 and 109, EPA has identified and promulgated NAAQS for N02 , S02. PM (now measured in the ambient air as PM-10) and ozone. See40 C.F.R. §§ 50.4

- 50.11. 12. Under Section 107(d) ofthe Act, 42 U.S.c. § 7407(d), each state is required to designate those areas within its boundaries where the air quality is better orworse than the NAAQS for each criteriapollutant, orwhere the air quality cannot be classified due to insufficient data. An area that meets the NAAQS for a particularpollutant is an "attainment" area. An area that does not meet the NAAQS is a "nonattainment" area. An area that cannot be classified due to insufficient data is "unclassifiable." 13. At all times relevant to this action, the Milton R. Young Station was located in areas that had been classified as attainment for S02' NO". PM/PM-l0, and ozone. B. The Prevention ofSignificant Deterioration Requirements 14. Part C ofTitle I ofthe Act, 42 U.S.c. §§ 7470-7492, sets forth requirements for the prevention ofsignificant deterioration ofair quality in those areas designated as either attainment orunclassifiable for purposes ofmeeting the NAAQS standards. These

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requirements are designed to protect public health and welfare, to assure that economic growth will occurin a manner consistentwith the preservation ofexisting clean air resources, and to assure that any decision to permitincreased airpollution is made only after careful evaluation ofall the consequences ofsuch a decision and afterpublic participation inthe decision making process. These provisions are referred to herein as the "PSDprogram." 15. Sections 110(a) and 161 ofthe Act, 42 U.S.C. §§ 741O(a) and 7471, require each state to adopt a SIP that contains emission limitations and such other measures as maybe necessaryto prevent significant deterioration ofairquality 

### in areas designated as either in attainment with NAAQS orunclassifiable. 16. A state may comply with Sections 110(a) and 161 ofthe Act byhaving its own PSD regulations approved by EPA as part ofits SIP, which mustbe at least as stringent as those set forth at 40 C.F.R. § 51.166. Ifa state does not have a PSD program that has been approved by EPA and incorporated into the SIP, the federal PSD regulations set forth at 40 C.F.R. § 52.21 maybe incorporated byreference into the SIP. 40 C.F.R. 

### § 52.21(a). 17. The PSD provisions ofthe State ofNorth Dakota SIP is set forth in Chapter 33-15-15 of the North DakotaAdministrative Code. EPA first approved these SIP provisions on May 26, 1977 at 42 Fed. Reg.26977. See 40 C.F.R. §§ 52. 1820(c)(6) and 52.1829. The SIP has since been amended on a numberofoccasions, and EPA has also approved each subsequent amendment. The North Dakotaregulations provide that no construction or 

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operation ofa major stationary source ormodification ofa major stationary source may
occur in an area designated as attainment without first obtaining a PSD permit. The North DakotaPSD regulations are federally enforceable. 18. UnderNorth Dakota's PSD regulations, a "major stationary source" is defined to include fossil fuel-fired steam electric plants ofmore than 250 million Britishthermal units (Btu) perhour heat input which emit or has the potential to emit 100 tons peryear ormore of any regulated airpollutant. N.D. Admin Code § 33-15-15-0I(l)(y); 40 C.P.R. § 52.21(b)(I). 19. The North Dakota PSD regulations define the term "construction" as "anyphysical change or change in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in actual emissions." N.D. Admin Code § 33-15-15-01(1)(1); 40 C.P.R. § 52.21(b)(8). See also 42 U.S.C. § 7479(2)(C) ("construction" includes the "modification" ofa source or facility). 20. The North Dakota PSD regulation defines the term "majormodification" as "anyphysical change in, or change in the method ofoperation ofa major stationary source that would result in a significant net emission increase ofany air contaminant subject to regulation under North Dakota Century Code chapter23-25." N.D. Admin Code § 33-15-15­ 01(1)(x); SIP approved on August 8, 2005 at 70 Fed. Reg. 45542; 40 C.F.R. §52.21(b)(2). 21. Under the North Dakota PSD regulation, "Net emissions increase" means "the amount bywhich the sum ofthe following exceeds zero: (a) Any increase in actual emissions
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from a particular physical change or change in method ofoperation at a stationary source; and (b) Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable." N.D. Admin Code § 33-15-15-01{l)(aa); 40 C.F.R. § 52.21(b)(3); 

### see a/so N.D. Admin Code § 33-15­ 15-01 {l)(a) (Definition ofactual emissions). "Significant" means a rate ofemissions that would equal or exceed any ofthe following rates for the following pollutants: NOx, 40 tons per year; S02. 40 tons per year; and PM, 25 tons per year. N.D. Admin Code §33­ 15-15-01(1)(hh); 40 C.F.R. §52.21(b)(23). 22. As set forth in 42 U.S.c. § 7475(a)(4) and N.D. Admin chapter 33-15-15, a source with a major modification in an attainment or unc1assifiable area must install and operate the best available control technology ("BACT"), as defined in North Dakota regulation N.D. Admin Code § 33-15-15-01{l)(g); 40 C.F.R. § 52.21(b){l2) and 42 U.S.C. § 7479(3), where the modification would result in a significant net emissions increase ofa pollutant subject to regulation under the Act. 42 U.S.C. § 7475(a)(4). 23. Any application for a PSDpermitmust be accompaniedbyan analysis ofambient air quality in the area. N.D. Admin Code § 33-15-15-01(4)(g); 40 C.F.R. § 52.21(m). 24. The North Dakota PSD regulations also require anyperson who wishes to modify a major
source in an attainment area to demonstrate, before construction commences, that the construction will not cause or contribute to air pollution that is in violation ofany national ambient air quality standard orthe maximum allowable increase in emissions of that pollutant. N.D. Admin Code § 33-15-15-01(4)(e); 40 C.F.R. § 52.21(k). The North 

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DakotaPSD regulations further require any personwho wishes to modify orconstruct a major source in an attainment area to provide to North Dakota all information necessary to conduct the analysis ormake the necessary determinations under N.D. Admin Code

§ 33-15-15-01(4)(h); 40 C.F.R. § 52.21(m), (n), & (0). C. Title V OperatingPermit Requirements 25. Title V ofthe Act, 42 

### V.S.c. §§ 7661-7661f, establishes ail operating permitprogram for certain sources, including "major sources." Thepurpose oftitle V is to ensure that all "applicable requirements" for compliance with the Act, including PSD and NSPS requirements, are collected in one place. 26. North Dakota's title V operatingpermitprogram was granted final approval byEPAon June 17, 1999, at 64 FedReg. 32,433, and since amended on a number ofoccasions. Each amendment has also been approved by EPA. North Dakota's title V operating permit program is currently codified in the North Dakota Air Pollution Control Act, N.D.C.C. chapter 23-25, as implementedbyN.D. Admin Code § 33-15-14-06
. 27. Section 502(a) ofthe Act, 42 

### V.S.c. § 7661a(a), and the North Dakotatitle V operating permit program, N.D.C.C. chapter 23-25, as implementedbyN.D. Admin Code § 33-15­ 14-06, have at all relevant times made it unlawful for any person to violate any requirement ofa permit issued under title V orto operate a major source except in compliance with a permit issuedby a permitting authority under title V. 28. Section 504(a) ofthe Act, 42 U.S.C. 

### § 7661c(a), implementing regulations ofthe Act, 40 C.F.R. 

### § 70.2, and the North Dakotatitle V operatingpermit program, N.D.C.C. chapter 

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23-25, as implementedby N.D. Admin Code 

### § 33-15-14-06, have at all relevant times required that each title V pennit include, among other things, enforceable emission limitations and such other conditions as are necessaryto assure compliance with applicable requirements ofthe Clean AirAct and the requirements ofthe applicable SIP, including any applicable PSDrequirement to complywith an emission rate that meets BACT and any applicable NSPS requirement. 29. The North Dakota title V operating pennitprogram, N.D.C.C. chapter 23-25, as implementedbyN.D. Admin Code 

### § 33-15-14-06, requires that a source submit a complete pennit application which, among otherthings, identifies all applicable requirements (including any requirement to meet BACT pursuant to PSD and to comply withNSPS), certifies compliancewith all applicable requirements, and contains a compliance plan for all applicable requirements for which the source is not in compliance. D. Clean AirAct Enforcement Provisions 30. Section 113(a)(1) ofthe Act, 42 U.S.C. 

### §7413(a)(1), provides that: Whenever, on the basis ofany infonnation available to the Administrator, the Administrator finds that anyperson has violated oris in violation ofanyrequirement orprohibition ofan applicable implementation plan orpermit, the Administrator shall notify the person and the State in which the plan applies ofsuch finding. At any time after the expiration of30 days following the date onwhich the notice of violation is issued, the Administratormay ...



### ... ... 

### ... (C) bring a civil action in accordance with subsection (b) ofthis section.

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31. Section 113(a)(3) ofthe Act, 42 U.S.C. 

### §7413(a)(3), provides that: "except for a requirement orprohibition enforceable underthe precedingprovisions ofthis subsection, whenever, on the basis of any infonnation available to the Administrator, the Administrator finds that anyperson has violated, oris in violation of, anyother requirement orprohibition ofthis subchapter
... including, but not limited to, a requirement orprohibition ofanyrule, plan, order, waiver, orpennitpromulgated, issued orapproved under those provisions or subchapters
...the Administratormay ...bring a civil action in accordance with subsection (b) ofthis section
...." 32. Section 113(b)(1) ofthe Act, 42 U.S.C. § 7413(b)(1), authorizes the Administrator to initiate ajudicial enforcement action for a pennanent ortemporary injunction, and/or for civil penalties, against anyperson whenever such person has violated, oris in violation of anyrequirement orprohibition ofan applicable implementationplan. The violator is subject to civil penalties ofup to $25,000 perday ofviolation for violations occurring before January 30, 1997, up to $27,500 per day for such violations occurring on or after January 30, 1997, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990,28 U.S.C. § 2461, as amended by31 U.S.C. § 3701, and up to $32,500 perdayper violation on or after March 15,2004, pursuant to 40 C.F.R. § 19. 33. Section 113(b)(2) ofthe Act, 42 U.S.C. § 7413(b)(2), authorizes the Administrator to initiate ajudicial enforcement action for a pennanent ortemporaryinjunction, and/or for civil penalties against anyperson whenever such person has violated, oris in violation of, requirements ofthe Act other than those specified in Section 113(b)(1), 42 U.S.C. § 7413(b)(1), including violations ofSection l65(a), 42 U.S.c. § 7475(a). The violator is subject to civil penalties ofup to $25,000 perday ofviolation for violations occurring

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before January 30, 1997, up to $27,500 per day for such violations occurringon or after January 30, 1997, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990,28 U.S.C. 

### § 2461, as amended by 31 U.S.C. 

### § 3701, and up to $32,500 per dayper violation after March 15,2004, pursuant to 40C.F.R. § 19. 34. Section 167 ofthe Act, 42 U.S.c. 

### § 7477, authorizes the Administrator and a state to initiate an action for injunctive relief, as necessary, to prevent the construction, modification or operation ofa major emitting facility that does not conform to PSD requirements. D. General Allegations 35. At all times pertinent to this civil action, the Settling Defendants have been and are the
owners and/or operators oftheMilton R. Young Station, including all oftheboilers at this facility. 36. At all times pertinent to this civil action, the electricitygenerating units within the Milton R. Young Station were each a "major stationary source," within the meaning ofthe Act and the North Dakota SIP for NOx, S02' and PM for purposes ofthe PSD program.

FIRST CLAIM FORRELIEF (PSD Violations at the Milton R. Young Station) 37. Paragraphs 1through 36 are realleged and incorporated herein by reference.

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38. At various times, the Settling Defendants commenced construction and operation of major modifications, as defined in Paragraph 20 herein, at its Milton R. Young Station. These major modifications included, but are not limited to:
a. Replacement ofthe Unit 1 secondary superheater in 1997; b. Partial replacement ofthe Unit 1reheat superheater in 1997;
c. Modification ofthe Unit 1coal crushing and coal handling systems in 1991; d. Replacement oftheUnit 2 secondary superheater in 1995;
e. Replacement ofthe Unit 2 reheater in 1995; f. Replacement ofthe Unit 2 top bankprimary superheater in 1995; g. Replacement ofthe Unit 

### 2 gas recirculation fans in 1988, 1995, and 1998; h. Modifications to the Unit 2 feedwater heater in 1988; and i. Modifications to the Unit 2 coal handling system in 1996. 39. These modifications resulted in significant net emissions increases, N.D. Admin Code § 33-15-15-0l(l)(aa); 40 C.F.R. § 52.21(b)(3), ofone or more ofthe following pollutants: NOx, S02' and PM. 40. The Settling Defendants violated and continue to violate Section 165(a) oftheAct, 42 U.S.C. § 7475(a), and the PSD regulations set forth in the North Dakota SIP, as codified in N.D. Admin Code chapter 33-15-15,by, interalia, undertaking such major modifications at the Milton R. Young Station and operating these modified units without:
a. obtaining a PSDpermit, as required byN.D. Admin Code § 33-15-15-0l(4)(b); 40 C.F.R. § 52.21(a)(2)(iii), and the North Dakota SIP;

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b. applyingbest available control technology for NOx' S02, and PM, as requiredby N,D. Admin Code 

### § 33-15-15-01(1)(g); N.D, Admin Code § 33-15-15-01(4)(c); 40 C.F,R, § 52.21(b)(12), and the North Dakota SIP;
c. demonstrating that construction or modification in conjunction with all other applicable emissions increases orreductions, including secondary emissions, from any other sources would not cause or contribute to air pollution in violation ofany national and/or North Dakota ambient air quality standard or any applicable maximum allowable increase over the baseline concentration in any area, as required byN.D. Admin Code § 33-15-15-01(4)(e); 40 C.F.R. § 52.21(k), and the North Dakota SIP; d. performing an analysis ofthe ambient airquality in the area, as required byNorth N.D. Admin Code 

### § 33-15-15-01(4)(g); 40 C.F.R. § 52.21(m), and the North Dakota SIP;
e. submitting to EPA orNorth Dakota all information necessary to conduct the analysis or make the necessary determinations under N.D.C.C. chapter 23-25 and N.D. Admin Code chapter 33-15-15, as required under N.D. Admin Code § 33­ 15-15-01(4)(h); 40 C.F.R. § 52.21(m), (n), & (0) ; and f. obtaining the required North Dakotapermits. 41. Based upon the foregoing, the Settling Defendants have violated and continue to violate Section 165(a) ofthe Act, 42 U.S.C. §7475(a), and the North Dakota SIP, the North Dakota PSD regulation, N.D.C.C. chapter 23-25 and N.D. Admin Code chapter 33-15-15.



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Unless restrained byan order ofthis Court, these and similarviolations ofthe PSD provisions ofthe Act will continue at the Milton R. Young Station. 42. As provided in Section 1 13(b) ofthe Act, 42 U.S.c. § 7413(b), and Section 167 ofthe Act, 42 U.S.C. § 7477, the PSD violations set forth above subject the Settling Defendants to injunctive reliefand civil penalties ofup to $25,000 per day for each violation at the Milton R. Young Stationprior to January 30, 1997, $27,500 per day for each such violation on orafter January 30, 1997, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990,28 U.S.C. § 2461, as amended by31 U.S.C. § 3701, and up to $32,500 per day for violations on orafter March 15,2004,pursuant to 40 C.F.R. § 19.



### SECOND CLAIM FOR RELIEF (TitleV Violations at the Settling Defendants's Milton R. Young Station) 43. Paragraphs 1through 

### 42 are realleged and incorporated herein byreference. 44. As set forth above, the Settling Defendants commenced one or more majormodifications,
as defined under the PSD regulations in the North Dakota SIP, at the Milton R. Young Station. As a result, these modifications triggered the requirements to, interalia, undergo
a new BACT determination, to obtain a PSD permit establishing emissions limitations that meet BACT pursuant to such a determination, and to operate in compliance with such limitations. The Settling Defendants failed to satisfythese requirements. 45. Subsequently, the Settling Defendants failed to submit a complete application for a Title V operating permit for the Milton R. Young Station that identified all applicable

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requirements, that accurately certified compliance with such requirements, and that contained a compliance plan for all applicable requirements for which the source was not in compliance (including the requirement to meet BACT pursuant to a new BACT determination under PSD). The Settling Defendants failed to obtain a proper or adequate title V operatingpermit for the Milton R. Young Station that contained emission limitations for NOx 

### SOz, and/or PM that met BACTpursuant to a new BACT determination. The Settling Defendants thereafter operated the Milton R. Young Units without meeting such limitations and without having a valid operatingpermit that required compliance with such limitations orthat contained a compliance plan for all applicable requirements for which the source was not incompliance. The Settling Defendants's conduct violated Sections 502(a) and 504(a) ofthe Act, 42 U.S.C. 

### §§ 7661a(a) and 7661c(a), and the North Dakota title V operating permit program regulations, N.D.C.C. chapter 23-25, as implementedbyN.D. Admin Code 

### § 33-15-14­ 06. Unless restrained by an orderofthis Court, these and similarviolations will continue. 46. As provided in Section 1 

### 13(b) ofthe Act, 42 U.S.C. § 7413(b), the violations set forth above subject the Settling Defendants to injunctive reliefand civil penalties ofup to $25,000 perday for each violation prior to January 31, 1997, and $27,500 perday for each violation on or after January 31, 1997, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990,28U.S.C. 

### § 2461, as amended by 31 U.S.C. 

### § 3701 except for violations ofSection 113(b) ofthe Clean Air Act on or afterMarch 15, 2004,

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which subject the Settling Defendants to civil penalties ofup to $32,500 per daypursuant to 40 C.F.R. § 19. PRAYER FOR

### RELIEF WHEREFORE, based upon all the allegations contained in paragraphs I through 46 above, the United States ofAmericarequests that this Court: I. Permanently enjoin the Settling Defendants from operating the electricitygenerating units at its MiltonR. Young, including the construction offuture modifications, except in accordance with the Clean Air Act and any applicable regulatoryrequirements; 2. Orderthe Settling Defendants to remedyits past violations by, among other things, requiring the Settling Defendants to install in its Milton R. Young Station, as appropriate, the best available control technology for eachpollutant subject to regulation under the Clean Air Act; 3. Order the Settling Defendants to applyto the North DakotaDepartment ofHealth for permits that are in conformitywith the requirements ofthe PSD program, the Title V program, and the North Dakota SIP; 4. Orderthe Settling Defendants to conduct audits ofits operations to determine ifany additional modifications have occurred which would require it to meet the requirements ofthe PSD program and report the results ofthese audits to the United States; 5. Order the Settling Defendants to take other appropriate actions to remedy, mitigate, and offset the hann to public health and the environment causedbythe violations ofthe Clean Air Act alleged above;

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6. Assess a civil penalty against the Settling Defendants of$25,000 perday for each violation ofthe Clean AirAct and applicable regulations, $27,500 perday for each such violation after January 30, 1997, and $32,500 perday for each such violation onorafterMarch 15,2004; 7. Award Plaintiffs their costs ofthis action; and, 

### 8. Grant such otherreliefas the Court deemsjust and proper. Respectfully Submitted,

FORTHE UNITED STATES: ELLEN WOOLDRIDGE Assistant Attorney General Environment and Natural Resources Division S

# ~~.**TTHEWWM8~** Senior Counsel Environmental Enforcement Section Environment and Natural Resources Division Department ofJustice P.O. Box 7611 Washington, D.C. 20530 (202) 514-3932

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CAMERONW. YDEN Assistant U.S. A orney 220 East Rosser Avenue, Suite 372 Bismark, NO 58501 701-530-2420 N.D. Bar J.D. Number 03903

OF COUNSEL: JEFFREY A. KaDISH Attorney Advisor U.S. Environmental Protection Agency 12345 West AlamedaParkway, Suite 214 Lakewood, CO 80228 BRENDA MORRIS Enforcement Attorney U.S. Environmental Protection Agency 999 18th Street Denver, CO 80202

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### FOR THE NORlHDAKOTA DEPARTMENT OF HEALTH & FOR THE STATE OF NORTH DAKOTA: 

### WAYNE STENEHJEM Attorney General State ofNorth Dakota

# ~t.Wt~~ Counsel ofRecord Assistant Attorney General State Bar ill

### No. 04118 Office ofthe Attorney General 500 North 9th Street

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