(New	 Section) 

7.8	 INTERSTATE TRANSPORT OF AIR POLLUTION 

Section 110(a) (2) (D) (i) of the Federal Clean Air Act requires 

State Implementation Plans to contain adequate provisions 

prohibiting any source or other type of emissions activity within 

the State from emitting any air pollutant in amounts which will: 

(1)	 Contribute significantly to nonattainment in, or interfere 

with maintenance by, any other State with respect to any such 

national primary or secondary ambient air quality standard, or 

(2)	 Interfere with measures required to be included ln the 

applicable implementation plan for any other state under Part 

C to prevent significant deterioration of air quality or to 

protect visibility. 

In the review process for new or modified stationary sources, 

or other types of emissions activities, the Department will assess 

the impact on neighboring states. When emissions are reasonably 

suspected of contributing significantly to the ambient air quality 

concentration in neighboring states, receptors for any dispersion 

modeling analysis will be placed in the neighboring state and the 

compliance status with respect to the National Ambient Air Quality 

Standards and Prevention of Significant Deterioration increments 
will be determined. With respect to visibility, an assessment of 

the impact on PSD Class I area's visibility will be made when a 

significant impact is suspected. The analysis will be conducted in 

accordance with Chapters 33-15-14, 33-15-15, and 33-15-19 of the 

Air Pollution Control Rules. 

7.8.1	 Interstate Transport Relating to the 1997 8-hour Ozone 

and PM2 . 5 National Ambient Air Quality Standards. 
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Section 7.8.1
 

Interstate Transport Relating
 

to the 1997 8-hour Ozone and PM2 . S
 

National Ambient Air Quality Standards
 

A. Overview 

Section 110 (a) (2) (D) (I) of the Clean Air Act states that each 

State must submit a State Implementation Plan (SIP) that 

contains adequate provisions: 

(i) prohibiting, consistent with the provisions of this 

title, any source or other type of emissions activity 

within the State from emitting any air pollutant in 

amounts which will 

(I) contribute significantly to nonattainment in, 

or interfere with maintenance by, any other State 

with respect to any such national primary or 

secondary ambient air qual~ty standard, or 

(II) interfere with measures required to be 

included in the applicable implementation plan 

under Part C to prevent significant deterioration 

of air quality or to protect visibility. 

B. Nonattainment and Maintenance Area Impact 

To demonstrate that emissions from North Dakota do not 

significantly contribute to nonattainment or interfere with 

maintenance of compliance with the National Ambient Air 

Quality Standards for ozone or particulate matter with an 

aerodynamic diameter of less than or equal to 2.5 micrometers 

(PM2 . S )' North Dakota relies on the modeling conducted by the 

u. S. Environmental Protection Agency during the development of 

the Clean Air Interstate Rule (CAIR) and on monitoring data 

and attainment status for the appropriate upwind and down wind 

areas. Supporting data and analysis for PM2 . S and ozone 

follows. 

North Dakota, as reported in the May 12, 2005 Federal Register 

Final Rule notice, was one of the 37 states that were 

evaluated for impact on nonattainment areas (70 CFR 25188, 

May 12, 2005). The results of EPA's modeling analysis, which 

determined the maximum contribution from each upwind state to 

downwind PM2 . S nonattainment, indicate that the maximum North 

Dakota contribution to downwind states was well below the 

interstate transport threshold of 0.2 Ug/mJ (70 FR 25247, Table 

VI-7, May 12, 2005). 
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The closest nonattainment area for PM2 . 5 is at Libby, Montana, 

which is approximately 450 miles from the western most border 

of North Dakota. This nonattainment area is generally upwind 

of North Dakota and is influenced by local factors including 

topography and meteorology. Because the nonattainment area is 

generally upwind of North Dakota emission sources and the 

large distance between these sources and the nonattainment 

area, it is unlikely that North Dakota sources significantly 

contribute to nonattainment. 

To determine which of the initial 37 states contributed 

significantly to ozone interstate transport, in its Proposed 

and Final CAIR Federal Register notices EPA adopted modeling 

domains that excluded large parts of six states, one of which 

is North Dakota (69 FR 4584 and 4600, January 30, 2004; 70 FR 

25246, May 15, 2005). North Dakota uses available monitoring 

and nonattainment information to demonstrate that it is 

unlikely that the State contributes significantly to ozone 

nonattainment or interferes wi th ozone maintenance in downwind 

states. 

The closest nonattainment area for the 8-hour ozone standard 

is located in Colorado (Fort Collins, Boulder, Denver area) . 

The northern border of this area is located approximately 325 

miles south-southwest of the southwestern most point of North 

Dakota. The next closest nonattainment area is located along 

the eastern edge of Wisconsin, approximately 400 miles from 

the eastern border of North Dakota. The Wisconsin area is 

generally located downwind of North Dakota emission sources 

while the Colorado area is not. 

Monitoring data gathered by the states and reported by the EPA 

Air Quality System indicates that during the years 2004-2006 

none of the moni tors in the State of North Dakota showed 

exceedances for the 8-hour ozone standard. During the same 

three-year period the moni tors in Iowa and Minnesota, the 

closest and most likely to be affected among the downwind 

states, measured 8-hour ozone exceedances on less than 0.5 

percent of the days. Iowa monitors monitored 8-hour 

exceedances on two days, and Minnesota monitors on three days. 

The absence of 8-hour ozone exceedances in North Dakota 

combined with the rare occurrence of exceedances in Iowa and 

Minnesota make it unlikely that the State of North Dakota 

contributes significantly to ozone transport affecting 

attainment or interfering with maintenance of NAAQS standards 

in downwind states. 
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Based on the conclusions drawn above about the unlikely 

occurrence of significant interstate transport of ozone from 

North Dakota to Minnesota or Iowa, it would follow that such 

a transport would be even less likely from North Dakota to the 

Wisconsin nonattainrnent area, which lies significantly further 

east than Minnesota. 

Based on the results of the EPA's modeling in the development 

of the CAIR rule, the relative distance of North Dakota to 

downwind nonattainrnent areas, and analysis of moni toring data, 

the State of North Dakota concludes that emissions from North 

Dakota do not significantly affect nonattainrnent or 

maintenance areas in other states. 

C. Impact on Prevention of Significant Deterioration (PSD) 

EPA guidance 1 indicates that states with State Implementation 

Plans (SIP's) addressing Prevention of Significant 

Deterioration (PSD) and Nonattainrnent New Source Review (NNSR) 

have adequately demonstrated that they do not affect PSD 

implementation in other states. EPA guidance1 states: 

1 )	 ~For 8-hour ozone, each state dnly needs to make a SIP 

submission confirming that major sources in the State are 

currently subject to PSD and NNSR permitting programs 

that implement the 8-hour ozone standard and that SIPapproved states are on track to meet the June 15, 2007 

deadline for SIP submissions adopting the requirements of 

the Phase II ozone implementation rule." 

2 )	 "For PM2 . s , states need only provide a SIP submission 

confirming that major sources in the state are subject to 

PSD and NNSR permitting programs implemented in 

accordance with EPA's interim guidance calling for use of 

PM10 as a surrogate for PM2 . s in the PSD and NNSR 

programs." 

North Dakota has a SIP approved PSD program. Since North 

Dakota has no nonattainrnent areas, there is no NNSR program. 

North Dakota's PSD SIP was updated effective February 1, 2005, 

lEPA, August 15, 2006. Guidance for State Implementation 

Plan Submissions to Meet Current Outstanding Obligations Under 

Section 110(a) (2) (D) (I) for the 8-Hour Ozone and PM2 . S National 

Ambient Air Quality Standards. (page 8) 
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to conform with the federal NSR Reform rules. These changes 

have been submitted to EPA and were approved effective 

August 20, 2007. North Dakota will implement the current 

rules in accordance with EPA's interim guidance using PM10 as 

a surrogate for PM25 in the PSD program. The 8-hour ozone 

standard is applied to all major sources in the state that are 

subject to PSD review. 

Based on the conclusions stated by EPA in their August 15, 

2006 guidance 1 , the State of North Dakota concludes that its 

implementation of its PSD SIP ensures that North Dakota 

emission sources do not interfere with PSD implementation in 

other states. 

D. Protection of Visibility 

The August 15, 2006 guidance J states: 

"At this point in time, EPA has made no determination that 

emissions from any State interfere with measures required to 

be included in a plan to address reasonably attributable 

visibility impairment. Further, EPA is not aware of any 

certification of existing reasonably attributable impairment 

of visibility by a Federal Land Manager that has not already 

been resolved. The EPA accordingly believes that States 

should be able to make a relatively simple SIP submission 

verifying that no source within the State emits pollutants 

that interfere with measures included in the visibility SIPs 

under the 1980 regulations." 

Based on the conclusions stated by EPA, the State of North 

Dakota concludes there are no North Dakota sources of 

emissions that interfere with implementation of visibility SIP 

under the 1980 regulations. 

The State of North Dakota is working with the Western Regional 

Air Partnership, including associated States and stakeholders, 

to prepare a SIP to address the EPA Regional Haze regulation 

(40 CFR 51.308). Until regional haze SIPs are submitted and 

approved, North Dakota believes it is not possible at this 

IEPA, August 15, 2006. Guidance for State Implementation 

Plan Submissions to Meet Current Outstanding Obligations Under 

Section 110 (a) (2) (D) (I) for the 8-Hour Ozone and PM2 . 5 National 

Ambient Air Quali ty Standards. (page 8) 

2I bid. (page 9) 
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time to assess whether there is any interference with measures 

in the applicable SIP for another state for regional haze.