STATE OF NORTH DAKOTA "-'._ ._'I e, 

OFFICE OF ATTORNEY GENERAL 

Wayne Stenehjem 

ATIORNEY GENERAL 

Howard Cantor 

Administrator 

US EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

STATE CAPITOL 

600 E BOULEVARD AVE DEPT 125 

BISMARCK, ND 58505-0040 

(701} 328-2210 FAX (701} 328-2226 

www.ag.nd.gov 

February 26, 2013 

Dear Region Administrator Cantor: 

NATURAL RESOURCES 

500 NORTH 9TH STREET 

BISMARCK, ND 58501-4509 

(701) 328-3640 FAX (701) 328-4300 

This letter will serve to supplement and amend the correspondence sent to you dated 

September 11, 2012. The amendments and supplements outlined herein are meant to 

answer specific questions and concerns raised thus far in the delegation process. 

Partial Delegation. North Dakota Department of Agriculture (NDDA) is hereby 

amending its request to a partial delegation of the portion of the Clean Air Act Section 

112(r)'s risk management program that applies to agricultural anhydrous ammonia 

facilities. NDDA is requesting a partial delegation, rather than the previously requested 

full delegation, because NDDA does not have the criminal enforcement authority 

required by 40 USC 70.1 (a)(3)(ii) and (iii), and therefore does not request delegation of 

any criminal enforcement authority. 

Rule Making Authority and Status of proposed Rules. The NDDA is given broad rule 

making authority under North Dakota Century Code Chapter 28-32-02 to adopt rules in 

conformity with any statute administered or enforced by the agency. NDDA is in the 

process of adopting rules to implement its authority to administer the risk management 

program for agricultural anhydrous ammonia facilities under NDCC 19-20.3. The 

proposed rules have been subjected to a public hearing and are awaiting approval from 

the Legislature's Administrative Rules Committee. 

Revised Proposalg} Satisfaction of 40 C.F.R. 63.95 (b)(3) and (b)(4). The Summary of North 

Dakota's Anhydrous Ammonia Regulatory Authority and General 

Components of a Proposed RMP Enforcement Program ("Proposal") has 

been revised to include a summary of the procedures that NDDA will use for 

reviewing the RMPs submitted by sources and how technical advice will be 

provided to the sources in compliance with 40 C.F.R. 63.95 (b)(3). The 
Howard Cantor 

February 26, 2013 

Page 2 

Summary has also been revised to include the actual form NDDA intends to 

use to audit sources according to 40 CFR 63.95 (b)(4). 

Q} Critical Elements removed from MOU and inserted in Proposal. Various 

components of the proposal that were previously included in an MOU have 

been removed from that document and inserted into NDDA's proposal for 

delegation of the program. This was done to alleviate concerns that the MOU 

could be terminated or breached thereby leaving critical elements out of the 

proposal. 

Certification. If adopted in substantially the same format as proposed, I hereby certify 

that the rules, together with North Dakota Century Code Chapter 19-20.3, would provide 

adequate civil authority to (1) carry out the "no less stringent" technical requirements 

submitted by the NDDA, (2) adequately enforce compliance with such program, and (3) 

regulate, at a minimum, the same chemical accident prevention universe as the Federal 

program. I also certify, to the best of my knowledge, that the amended and 

supplemented application submitted by the NDDA is legally accurate. This certification 

is pursuant to my authority as Assistant Attorney General and in accordance with 

sections 112(1) and 112(r) of the Clean Air Act, as amended, and 40 C.F.R. Part 68. 

The NDDA has enclosed its amended and supplemented application packet, a copy of 

the relevant statutes, which are lawfully adopted at the time this statement is signed and 

which will be effective when the program is approved, and a copy of the proposed rules. 

Please contact me at (701) 328-3646 if you have any questions relating to this 

certification. 

djc 

zz~ Ann 

Assistant 

M. Schaibley 

Attorney 

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