### FINAL 

### Revisions to ImplementationPlanfor the Control ofAir Pollution
and
The AirPollution Control Rules

ofthe State ofNorthDakota

North DakotaDepartment ofHealth Division ofAir Quality Air Pollution Control Program 918 E Divide Avenue Bismarck, North Dakota 58501-1947

January 2013

### Revisions to the ImplementationPlan for the Control ofAir Pollution for the TABLE OF CONTENTS

State ofNorthDakota........................................................................................... Section I Hearing Record

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section II
State Laws............................................................................................................. Section III
Revisions to the Air Pollution Control Rules ofthe State of North Dakota......................................................................................................... Section IV Legal Opinion ofthe Attorney General................................................................................................................... Section V

### CHAPTER 11 SECTION I
FINAL
REVISION TO THE IMPLEMENTATION PLAN FORTHE CONTROL OF AIRPOLLUTION

FORTHE STATE OF NORTH DAKOTA

- SECTION 11.24, Regulation Revisions

### Chapter 11 Section 11.24 Regulation Revisions Public Hearing AprillO, 2012
Chapter 23-25 ofthe North Dakota Century Code provides the legal authority that empowers the North Dakota Department ofHealth to implement the Air Pollution Control Law for the State of North Dakota. Article 33-15 "Air Pollution Control" ofthe North Dakota Administrative Code contains the rules and regulations implementedto control airpollutioninthe State. Article 33-15 consists of25 chapters numbered from 33-15-01 through 33-15-25. There are several different processes by which EPA delegates authority to the State to manage and protect the air quality resources of the State. Historically, the State has gained such authority through the State Implementation Plan process. Two other processes are also used. The first is through direct delegationprocedures and the second involves rules that deal with Title V authorities inthe Clean AirAct. Changes to the following chapters are being submitted as revisions to the State Implementation Plan: 33-15-01

33-15-03

33-15-05

33-15-14

33-15-15 General Provisions • Section 33-15-01-04. Definitions

- Definition of"volatile organic compounds" • Section 33-15-01-05 -Description for the abbreviation of PM10 • Subsection 33-15-01-13.3- A sentence was addedto clarify the alternative monitoring requirements do not apply to sourcesthat are requiredto complywiththe Acid Rainrules. Restriction ofEmissions ofVisible Air Contaminants • Subsection 33-15-03-04.4- This subsection is removed. • Subsection 33-15-03-04.5 -Language that was previously located in 33-15-17-02.6 moved to this subsection. Emissions ofParticulate MatterRestricted • Paragraph 33-15-05-01.2.a(l)- Removed • Subsection 33-15-05-04.3

- Revised to indicate PM2.s measurements mustbe made in accordance with40 CPR51, AppendixM. Designated Air Contaminant Sources, Permit to Construct, Minor Source Permitto Operate, Title V Permitto Operate • Subdivision 33-15-14-02.l.c- Added to allow for a General Permit to Constructprogram. • Subdivision 33-15-14-02.5.a Significant impact concentrations were revised. • Paragraph 33-15-14-02.13.c(4)

- Revised to eliminate the MACT applicability criteria. Prevention ofSignificantDeterioration ofAir Quality • Section 33-15-15-01.2- Revised as follows:

### 33-15-17

33-15-23 1) Date for incorporation by reference revised to January 1, 2012. 2) 40 CFR 52.21(b)(50)(i)(c) and 40 CFR 52.21(b)(50)(i)(d) relocated to put in proper alphanumeric order. 3) 40 CFR 51.21(d), 40 CFR 52.21(k)(1) and 40 CFR 51.21(v)(2)(iv)(a) revised to more closely match the federal rule. 4) In 40 CFR 52.21(1)(1) the date for incorporation by reference changed to January 1, 2012; the reference to the North Dakota Guideline for Air Quality Models was removed; and, a reference to Department guidance added. Restriction ofFugitive emissions • Subsection 33-15-17-02.4- Areference to the exceptions to the visible emission standard in Chapter 33-15-03 was added. • Subsection 33-15-17-02.6- Removed. Fees • Subdivision 33-15-23-02.2.c

- Revised to allow billing statements to be sentbefore a final determination is made on apermit. • Subsection 33-15-23-03.1

- Removed the fees for source that operates an ambient monitoring site. • Subsection 33-15-23-04.9 -Removed. • Section 33-15-23-06-New sectionthatrequires a fee for oil and gas well registration. The "Revision Summary" is presented which shows all ofthe changes made to the North Dakota Air Pollution Control Rules. However, only the previously listed sections are revisions to the State Implementation Plan. The revised sections are included as Appendix C of this State Implementation Plan revision.

### SECTION II
HEARING RECORD

Appendix A ofthe Plan

### SUMMARY OF PROCEEDINGS 

### The North Dakota Department of Health, prior to revising the Implementation Plan and Air Pollution Control Rules, conducted a public hearing onthe plan and rules. Reasonable notice as required by Title 40 ofthe Code ofFederal Regulations, Section 51.102, Public Hearings, and as required by the North Dakota Century Code, Chapter 23-25 was given. Notice ofthe public hearing was provided by two publications in each ofthe official county newspapers in the State. The first publicationoccurred atleast 30 dayspriorto the hearing. Thehearingwas heldApril 10, 2012, at the Health Department's office located in Bismarck. In addition to the official public notice, apressrelease announcingthe hearing was made available inthe State'smajornewspapers approximately one week before the hearing. The Administrator of the Environmental Protection Agency, the Directors of the Minnesota Pollution Control Agency; the Natural Resources Program Administrator for the State of South Dakota; the Chief of the Air Quality Bureau, Montana State Department of Environmental Quality; Indian governing bodies within North Dakota; Federal Land Managers ofClass I areas withinNorthDakota;the BureauofNationalAffairs andmany interestedpartieslistedonthe State Department ofHealth AirPollutionControl mailing list, were notified ofthe publichearing. The revisions to the Implementation Plan and the amendments to the Air Pollution Control Rules were made available for public inspection 30 days priorto the public hearing. TheNorthDakotaDepartmentofHealth submittedadraftcopyofthe proposedrule changestothe Environmental Protection Agency. Copies of the record ofthe hearing were furnished to the public upon request. Copies ofthe notice ofpublic hearing and certification that the hearing was held in accordance with the notice as required by Section 51.102, Public Hearings, Title 40 ofthe Code ofFederal Regulations, are included in Appendix A ofthis document. As required by the North Dakota CenturyCode, Chapter23-25,therevisionstotherules werereviewedbytheAirPollutionControl Advisory Council. Following review and consideration by the State Health Department, the rules were considered and adopted by the North Dakota State Health Council. The legal opinion ofthe State Attorney General thatthe amendments are legal, valid andhavethe force and effect of law was obtained before final adoption ofthe rules. The legal opinion ofthe Attorney General is included in Section V ofthis document and will be included in Appendix D ofthe original SIP document maintained inthe Department offices.

### HEARING RECORD
AirPollution Control Rules Revisions and State ImplementationPlanAmendments

North DakotaDepartment ofHealth Air Pollution Control Program

Hearing Date: AprillO, 2012

### Revision Summary Hearing Notice
Press Release Affidavit ofPublication Invoice ofPublication Registration List ofAttendees Hearing Transcript Certification ofHearing Response to Public Comments HEARING RECORD TABLE OF CONTENTS

### Amendments to NorthDakotaAir

### Pollution Control Rules Rule Revision Summary EffectiveJanuary 1, 2013

1. Chapter 33-15-01: GeneralProvisions a) Page 1-8; 33-15-01-04.52

- The date for incorporation by reference of the definition of"volatile organic compounds" wasupdatedtoJanuary 1, 2012. b) Page 1-10; 33-15-01-05- The description for the abbreviation 

### PMw was revised tobe consistent withthatofPM2.s. c) Page 1-16; 33-15-01-13.3 -A sentence was added to clarify that the alternative monitoring requirements do not apply to Acid Rain sources covered under Chapter 33-15-21. These sources have their own requirements for alternative monitoring and data substitution specified in Chapter33-15-21. 2. Chapter 33-15-03: Restriction ofEmissionofVisibleAir

### Contaminants a) Page 3-2; 33-15-03-04.4

- This subsection was removed. The language is unnecessary and may conflictwith federal requirements. b) Page 3-2; 33-15-03-04.5- Language that was previously located in Chapter 33- 15-17 was addedtothis subsection indicating that farms mustbe managed in such a manner as to minimize dust. 3. Chapter 33-15-05: Emissions ofParticulateMatterRestricted a) Page 5-1; 33-15-05-01.2.a(l)- This paragraph was removed since it may conflict with federal rules. Malfunctions and shutdowns of air pollution control equipment are handled under 33-15-01-13. b) Page 5-11; 33-15-05-04.3- This subsection was revised to require measurements ofPM2.s be made in accordance with 40 CFR 51, AppendixM. 4. Chapter 33-15-12: Standards ofPerformance forNew Stationary Sources a) Page 12-1; 33-15-12-01.1 -The date for incorporation by reference was updated toJanuary 1, 2012. b) Page 12-5; 33-15-12-02

- Subpart Ja for petroleum refineries was adopted by reference.

### c) Page 12-8; 33-15-12-02- Subpart 

### GGGa for petroleum refineries was adoptedby reference. d) Page 12-10; 33-15-12-02- Atypo was correctedin SubpartJJJJ. 5. Chapter 33-15-14: Designated 

### Air Contaminant Sources, Permit to Construct, Minor SourcePermitto Operate, Title VPermitto Operate a) Page 14-9; 33-15-14-02.1.c- A new subdivision was added which will allow the Departmentto issue GeneralPermitsto Construct. b) Page 14-12; 33-15-14-02.5- The significant impact concentrations were updated to reflect changes and additionstotheNational Ambient 

### Air Quality Standards. c) Page 14-17; 33-15-14-02.13.c(4)

- The change exempts from permitting requirements small engines, that are subject to a MACT standard under Chapter 33-15-22. d) Page 14-35; 33-15-14-06.1.x- The revision exempts greenhouse gases from fees underthe Title Vprogram. e) Page 14-37; 33-15-14-06.1.cc(2)- The revisiontothis paragraph exempts carbon dioxide emissions from biomass combustion or decomposition from inclusion in the applicability calculationforthe Title Vprogramuntil July 21, 2014.
6. Chapter 33-15-15: Prevention ofSignificantDeterioration ofAir Quality a) Page 15-1; 33-15-15-01.2- The date for incorporation by reference was updated toJanuary 1, 2012. b) Pages 15-3 and 15-4- The reference to 40 CFR 52.2l{b)(50)(i)(c) and 40 CFR 52.2l{b)(50)(i)(d) wererearranged toplace them inproper alphanumeric order. c) Page 15-4; 40 CFR52.21(d)- The paragraphwas updated to more closely match thefederal requirement. d) Page 15-5; 40 CFR 52.2l{k)(l)

- The paragraph was updated to more closely matchthe federal requirement. e) Page 15-5, 40 CFR 52.21(1){1)- The date for incorporating 40 CFR 51, Appendix W was updated to January 1, 2012. The reference to theNorth Dakota Guideline for Air QualityModels is deleted and a reference toDepartment guidance added. 

### f) Page 15-8; 40 CFR 52.21(v)(2)(iv)(a)- This subitemwasupdated to more closely matchthe federal requirement.

2

### 7. Chapter 33-15-17: Restriction ofFugitiveEmissions a) Page 17-1; 33-15-17-02.4- Areference to the exceptions tothe visible emissions standards in Chapter 33-15-03 was added. b) Page 17-2; 33-15-17-02.6- This subsectionwas deleted since it is not appropriate to exempt farming activities from the Ambient Air Quality Standards or PSD increments. 8. Chapter 33-15-21: Acid Rain Program a) Page 21-1 and 21-2; 33-15-21-08.1, 33-15-21-09.1 and 33-15-21-10- The date for incorporation by reference was updatedto January I, 2012. 9. Chapter 33-15-22: Emission Standards for Hazardous Air Pollutants for Source Categories a) Page 22-1; 33-15-22-01- The date for incorporationby reference was updated to January 1, 2012. b) Page 22-4; 33-15-22-03- Subpart EEEE for organic liquids distribution facilities and Subpart YYYY for combustion turbines were incorporatedby reference. 10. Chapter 33-15-23: Fees a) Page 23-2; 33-15-23-02.2.c- This subdivision indicated that statements of actual Permit to Construct processing costs will be sent after final determinations are made on the permit application. The change to this subdivision now allows these statements to be sent before a final determination is made onthe permit application. b) Page 23-3; 33-15-23-03.1

- The annual fee for minor sources that operate a monitor (continuous emission monitor or ambient air 

### quality monitoring site) was eliminated. c) Page 23-5; 33-15-23-04.9- This subsectionwas deleted. d) Page 23-5; 33-15-23-04.11 -Asubsection was added which indicates greenhouse gases are exempt from Title V fees. e) Page 23-5; 33-15-23-06- This section was added. This section will require the owner or operator of an oil or gas well to pay a $150 filing fee with their registration form.

3

### Abbreviated Notice ofinteritto Adopt and Amend Administrative Rules and**Stat~** 

### ImplementationPlan Relatingto 

### AirPollution Control NorthbakotaDepartmentofHealth and AirPollution Control AdvisoryCounoil



### ·will hold a public comment period and public hearing to address proposed changes to the N.D.

Admin. Code Article 33-15 and the State Implementation Plan (SIP) for the control of air pollution. · 4thFloor Conference Rm. GoldSeal Center 918 E DiVide Ave. Bismarck, ND Tuesday, April10, 2012 9:00a.m. CDT
A copy of the proposed rules, SIP revisions and full public notice may be viewed at the Department's website at: www.ndhealth.gov/EHS/PublicNotices.aspx. A copy ofthe proposed rules, full public notice; and SIP revisions may be obtained by writing.to the North Dakota Department ofHeaith; Division ofAir Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947orcalling(701)328-5188. Writtencommentsmaybesubmittedto theabove-address

. . . 

### from March 8, 2012 through April21, 2012. Ifyou plan to attend thepublic hearing and will needspecialfacilities orassistance relatingto adisability,pleasecontacttheDepartmentofHealth atthe above-address at least seven days priorto thepublichearing.
Datedthis· 8th day of February2012

. TerryL. O'Clair, P.E. Director, Division of 

### AirQuality

### Full Notice ofIntentto Adopt and Amend Administrative Rules and State Implementation Plan Relatingto AirPollution Control North Dakota DepartmentofHealth and Air Pollution Control Advisory Council

will hold apublic hearingto addressproposed changes to theN.D. Admin. CodeArticle 33-15 and the State Implementation Plan (SIP) for the control ofairpollution. · 4th Floor Conference 

### Rm. Gold Seal Center 918 E Divide Ave.

Bismarck, ND Tuesday, April10, 2012 9:00a.m. CDT
The purpose ofthe proposed rules and SIP revisions is to implement requirements under the Federal Clean Air Act. Certain revisions will repeal rules that appear to be inconsistent with the Federal Clean AirAct. Otherchangesprovide for aGeneral Permitto Construct, exemption from permittingrequirements for certain small sources and other changes to be consistent with Federal rules. Revisions to the following rules(notthe entire rule) will be submitted as a revision to the

.SIP.

Chapter 33-15-01

.Chapter 33-15-03

Chapter 33-15-05 Section 33-15-14-02 Chapter 33-15-15 Chapter 33-15.-17 Section 33-15-23-02 Section 33-15-23-03 General Provisions Restriction ofEmission ofVisible Air Contaminants Emissions ofParticulate Matter Restricted Permit to Construct Prevention ofSignificant Deterioration ofAir Quality Restriction ofFugitive Emissions Permitto Construct Fees Minor Source Permitto OperateFees
The revisions listed above are intended to maintain compliance with the National Ambient Air Quality Standards; and address the PreventionofSignificantDeteriorationandfee requirements of the Federal CleanAirAct.
In addition to the rule changes, the following SIP revisions and SIP certifications are also subject to public comment:
1. Alternative Operating Monitoring Plan for M.R. Young Station Unit 1Main Boiler 2. Certification that the North Dakota SIP is adequate to meet the requirements for implementation ofthe 2008 Lead National Ambient Air Quality Standard (NAAQS)

### 3. Certification that the North Dakota SIP is adequate to meet the requirements for implementation ofthe 1997 PM2.s NAA.QS. 4. Certification that the North Dakota SIP is adequate to meet the requirements for implementation ofthe 1997 Ozone NAAQS.
The alternative monitoring plan for the M.R. Young Station Unit 1boiler addresses requirements in 40 CFR51, Appendix P. The certifications address requirements in the Federal Clean AirAct Sections llO(a)(l) and 110(a)(2).
Non-SIP related revisions include updates to: Chapter 33-15-12 Section 33-15-14-06 Chapter 33-15-21 Chapter 33-15-22
Section 33-15-23-04 Section 33-15-23-06 (new) New Source Performance Standards Title V Permitto Operate Acid Rain Program Emission Standards for Hazardous Air Pollutants for Source Categories Major Source Permit to Operate Fees Oil and Gas Well Production Facilities

The changes to theNew Source Performance Standards, Title V Permitto Operate Program, Acid Rain Program and Emission Standards for Hazardous Air Pollutants for Source Categories update the rules to be consistent with Federal requirements. The change to the Major Source Permit to Operate fees exempts greenhouse gases. A new fee ofone-hundred fifty dollars isproposed for each oil and gas well registration.
Therule changesare expectedtohave an impactontheregulated community in excessof$50,000.
A copy of the proposed rules, SIP revisions and a regulatory analysis may be viewed at the Department's website at: www.ndhealth.gov/EHS!PublicNotices.aspx. A copy ofthe proposed rules, SIP Revisions and regulatory analysis may be obtained by**writin~** 

### to the North Dakota Department ofHealth, Division ofAir Quality, 918 E Divide Avenue, 2n Floor, Bismarck, NO 58501-1947orcalling (701)328-5188. Written commentsmay be submittedto the above-address from March 8, 2012 through April 21, 2012. Ifyou plan to attend the public hearing and will need special facilities orassistance relating to a disability, pleasecontactthe DepartmentofHealth atthe above-address at**lea~t** 

### seven days priorto the public hearing.
Dated

### this~ day of February 2012

. Terry L. 

### O'Clair, P.E. Director, Division of Air Quality

### AbbreviatedNotice ofIntentto Adopt and Amend Administrative Rules and StateImplementationPlan Relatingto AirPollution Control North DakotaDepartmentofHealth and AirPollution Control AdvisoryCouncil

will hold a public comment period and public hearing to address proposed changes to the N.D. Admin. Code Article 33-15 and the State Implementation Plan (SIP) for the control of air pollution.
4thFloor ConferenceRm. Gold Seal Center 918.E DivideAve.

Bismarck, ND Tuesday, April10, 2012 9:00 a.m. CDT
A copy of the proposed rules, SIP revisions and full public notice may· be viewed at the Department's website at: www.ndhealth.gov/EHS/PublicNotices.aspx. A copy ofthe proposed· rules, full public notice, and SIP revisions may be obtained by writing to the North Dakota Department ofHealth, Division ofAir Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 58501-1947 orcalling (701)328-5188. Writtencomments maybesubmittedto the above-address from March 8, 2012 through April21, 2012. Ifyou plan to attend the public hearing and will need special facilities orassistancerelatingto adisability,pleasecontacttheDepartmentofHealth at the above-address at least seven days priorto thepublichearing.
Dated this 8th day of · February2012. Terry L. 

### O'Clair, P.E. Director,Divisionof Air Quality

### NORTH DAKOTA DEPARTMENTof HEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### MEMO TO
FROM

RE



### DATE Interested Parties Terry L. 

### O'Clair, P.E. 

# /v

Director 

# l vO Division ofAir Quality
North DakotaAir Pollution Control Rule Amendments and SIP Revisions February 14, 2012 

# ILE

The North Dakota Department of Health has proposed revisions to the State Air Pollution Control Rules (NDAC 33-15) and the State ImplementationPlanfor the control ofair pollution.
Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy ofthe proposed rules, SIP revisions and a regulatory analysis may be requested by writing the Department at the above address or calling (701 )328-5188.
Also included is a notice announcing a public hearing that will be held to consider testimony regarding the proposed changes. The hearing is scheduled for April10, 2012. The Department welcomes any comments you or your staff may have regarding the revisions. All comments received bythe close ofbusiness on April21, 2012 will be included as part ofthe hearingrecord. Comments must be sentto the address listed above.
You are invited to attend andpresenttestimony at the hearing.
Ifyou have any questions, please contact TomBachman ofmy staffat (701 )328-5188. TLO/TB:saj Attach:

Environmental Health Section Chiefs Office 701.328.5150 Division of Air Quality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### DepartmentofEnvironmental Quality Air Quality Division Montana State Departmentof

Health

### & Environmental Services MedcalfBuilding P.O. Box200901 Helena, MT59620-0901
DivisionofAir Quality

· MinnesotaPollution Control Agency

520 Lafayette Road St. Paul, MN 55155
Tribal Chairman ·Standing Rock Sioux Tribe Fort Yates, ND 58538
Tribal Chairman SpiritLakeTribe P.O. Box 359 FortTotten, ND 58335
Administrator Natural Resources Program Environmental RegulationDivision SouthDakotaDepartmentof

Environment andNatural Resources 523 E Capitol Avenue Joe Foss Building Pierre, SD 57501
Tribal Chairman Three Affiliated Tribes FortBerthold Indian Reservation P.O. Box460 NewTown,ND 58736
Tribal Chairman Turtle MountainTribe Belcourt, ND 58316
Mr. KevinFetherston BureauofNational Affairs 1231 25th StreetNW Washington, DC 20037

### ChiefofPolicyPlanning & 

### PermitReviewBranch National Park Service-AIR P.O. Box25287 Denver, CO 80225
Ms. Jackie Duarte Environmental Specialist EnvironmentReporter 1231 25th StreetNW, Rm 347 Washington, DC 20037
Ms. SheilaCrawford-Oliver Water Resource Unit Sisseton-WahpetonDakotaNation OldAgency Box 509 AgencyVillage, SD 57262-0509
Ms. Sandra Silva U.S. Fish

### & Wildlife Service P.O. Box25287 Denver, CO 80225

### 5 CES/CEVC Atten: AirProgram Manager 320 PeacekeeperPlace MinotAFB, ND 58705-5006
Michael Ford AmeradaHess Corporation P.O. Box2040 Houston, TX77252-2040
Hess Corporation 10384- 68th StreetNW Tioga, ND 58852-9420
Mr. DonnyWorthington HuntPetroleum Corp. P.O. Box 1350 Houston, TX77251-1350
Mr. Robert L. Eriksen BasinElectric PowerCoop. 1717E Interstate Avenue Bismarck, ND 58504
Ms. DeborahLevchak BasinElectric Power Coop. 1717E Interstate Avenue Bismarck, ND 58501
Mr. Jason Charton BurlingtonResources/Conoco Phillips 743 Horizon Ct, Ste 101 GrandJunction, CO 81506
Mr. Bruce Macdonald ENSRConsulting 1601 ProspectParkway Ft. Collins, CO 80525-9769
Mr. Joe Clarke FalkirkMining Company P.O. Box 1087 Underwood, ND 58576-1087

### Mr. RaineyJ. Crawford Ford MotorCompany 1201 NWBriarcliffPkwy#315 Kansas City, MO 64116-1774

· Hogenson Construction, Inc.

P.O. Box777 WestFargo, ND 58078-0777
Ms. PaulaKoble Gores DakotaWestmoreland Corporation P.O. Box39

. Beulah,ND 58523-0039
Stevan G. Dewald, PE LightowlerJohnson Associates 700 MainAvenue P.O. Box2464 Fargo, ND 58103
Mr. John T. Graves MinnkotaPowerCooperative P.O. Box 13200 GrandForks, ND 58208-3200
Ms. Abbie Krebsbach Montana-DakotaUtilities Co. 400N Fourth Street Bismarck, ND 58501
Mr. StevenD. Strege ND GrainDealers Association BlackBuilding, Suite 606 118 Broadway Fargo,ND 58102
Ms. RuthJensen NorthernBorderPipeline COmpany 13710 FNB Parkway Omaha, NE 68154-5200
Mr. Terry Graumann OtterTail PowerCompany P.O. Box496 Fergus Falls MN 56538-0496

### Mr. Lawrence Bender Pearce 

### & Durick 314 E Thayer Avenue P.O. Box400 Bismarck, ND 58502 Safety Officer Radiation Safety Office NDSU Dept. 330 P.O. Box 6050 Fargo, ND 58108-6050 Regulations Manager StateNet 2101 K Street Sacramento, CA 95816
Mr. Kevin Johnson Env. Contaminants Specialist U.S. Fish & 

### Wildlife Service 3425 Miriam Avenue Bismarck, ND 58501
Ms. CarlaTrotter Petro-HuntL.L.C. 813- 123rdAvenue SW Killdeer, ND 58640
Mr. David Clark Petro-Hunt LLC 3900 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201
Mr. Ken Tupa ND Association ofNurse Anesthetists P.O. Box 1755 Bismarck, ND 58502
DRC 103Y2 S 3rd Street Bismarck, ND 58502

### Mr. Mark Trechock DakotaResource Council 113 W First Street P.O. Box 1095 Dickinson, ND 58604 Lignite Energy Council 1016 E Owens Avenue Bismarck, ND 58501
Ms. Annette Cederberg American Crystal Sugar Company 1

01Third StreetN Moorhead, MN 56560
Ms. TinaAnderson DEQ

- Air QualityDivision State ofWyoming 2100 W Fifth Street Sheridan, WY 82801
Environmental Staff WBI Holdings, Inc. Box 131 Glendive, MT 59330
Ms. MaryJo Roth Great RiverEnergy 12300 Elm CreekBoulevard Maple Grove, MN 55369-4718 

### Mr. M.E. BonnicksonWCK4508 Shell WesternE&P, Inc. P.O. Box 576 Houston, TX77001-0576
Katherine Edwards & Ali Famoud, Ph.D. Trinity Consultants 106 Main Street S, Ste 201 Stillwater, MN 55082

### North Dakota Petroleum Council 120 North 3rd St. Suite 200 Bismarck, NO 58501

Independent Petroleum Association ofAmerica 1201 15th St. NW Suite 300 Washington, DC 20005

### Amendments to North Dakota Air Pollution Control Rules Rule Revision Summary

1. Chapter 33-15-01: General Provisions 2/7/12

a) Page 1-8; 33-15-01-04.52

- The date for incorporation by reference of the definition of"volatile organic compounds" is being updated to January 1, 2012. b) Page 1-10;**33~15-01-05** 

### - The description for the abbreviation PMro is being revised to be consistent withthat ofPM2
.5• 

### c) Page 1-5; 33-15-01-13.3- A sentence is being added to clarify that the alternative monitoring requirements do not apply to Acid Rain sources covered under Chapter 33-15-21. These sources have their own requirements for alternative monitoring and data substitution specified in Chapter 33-15-21.
2. Chapter 33-15-03: Restriction ofEmission ofVisibleAir Contaminants a) Page 3-2; 33-15-03-04.4

- This subsection is being removed. The language is unnecessary and may conflict with federal requirements. b) Page 3-2; 33-15-03-04.5 -Language that was previously located in Chapter 33- 15-17 is being added to this subsection indicating that farms must be managed in such amanner as to minimize dust.
3. Chapter 33-15-05: Emissions ofParticulate Matter Restricted a) Page 5-1; 33-15-05-01.2.a(l)

- This paragraph is being removed since it may conflict with federal rules. Malfunctions and shutdowns ofair pollution control equipment are handled under 33-15-01-13. b) Page 5-11; 33-15-05-04.3

- This subsection is being revised to require measurements ofPM2.s be made in accordance with 40 CFR 51, Appendix M.
4. Chapter 33-15-12: Standards ofPerformance for New Stationary Sources a) Page 12-1; 33-15-12-01.1

- The date for incorporation by reference is being updated to January 1, 2012. b) Page 12-5; 33-15-12-02- Subpart Ja for petroleum refineries is being adopted by reference.

### c) Page 12-8; 33-15-12-02

- Subpart GGGa for petroleum refineries IS 

### being adopted by reference. d) Page 12-10; 33-15-12-02- Atypo is being corrected in Subpart JJJJ. 

### 5. Chapter 33-15-14: Designated Air Contaminant Sources, Permit to Construct, Minor Source Permitto Operate, Title V Permitto Operate a) Page 14-9; 33-15-14-02.1.c- A new subdivision is being added which will allow the Departmentto issue General Permits to Construct. b) Page 14-12; 33-15-14-02.5

- The significant impact concentrations are being updated to reflect changes and additions to the National Ambient Air Quality Standards. c) Page 14-17; 33-15-14-02.13.c(4)

- The change will exempt from permitting requirements small engines that are subject to a MACT standard under Chapter 33-15-22. d) Page 14-35; 33-15-14-06.1.x- The revision exempts greenhouse gases from fees under the Title Vprogram. e) Page 14-37; 33-15-14-06.1.cc(2)- The revision to this paragraph exempts carbon dioxide emissions from biomass combustion or decomposition from inclusion in the applicability calculation for the Title Vprogram until July 21, 2014.
6. Chapter 33-15-15: Prevention ofSignificantDeterioration ofAir Quality a) Page 15-1; 33-15-15-01.2

- The date for incorporation by reference is being updated to January 1, 2012. b) Pages 15-3 and 15-4- The reference to 40 CFR 52.21(b)(50)(i)(c) and 40 CFR 52.21(b)(50)(i)(d) are being rearranged to place them in proper alphanumeric order. c) Page 15-4; 40 CFR 52.21(d)

- The paragraph is being updated to more closely match the federal requirement. · d) Page 15-5; 40 CFR 52.21(k)(1)- The paragraph is being updated to more closely match the federal requirement. e) Page 15-5, 40 CFR 52.21(1)(1)- The date for incorporating 40 CFR 51, Appendix W is being updated to January 1, 2012. The reference to the North Dakota Guideline for Air Quality Models is deleted and a reference to Department guidance added.

2

### f) Page 15-8; 40 CFR 52.21(v)(2)(iv)(a)

- This subitem is being updated to more closelymatchthe federal requirement.
7. Chapter 33-15-17: Restriction ofFugitive Emissions a) Page 17-1; 33-15-17-02.4- A reference to the exceptions to the visible emissions standards in Chapter 33-15-03 is being added. b) Page 17-2; 33-15-17-02.6

- This subsection is being deleted since it is not appropriate to exempt farming activities from the Ambient Air Quality Standards orPSD increments.
8. Chapter 33-15-21: Acid Rain Program a) Page 21-1 and 21-2; 33-15-21-08.1, 33-15-21-09.1 and 33-15-21-10- The date for incorporation by reference is being updated to January 1, 2012.
9. Chapter 33-15-22: Emission Standards for Hazardous Air Pollutants for Source Categories a) Page 22-1; 33-15-22-01

- The date for incorporation by reference 1s being updated to January 1, 2012. b) Page 22-4; 33-15-22-03

- Subpart EEEE for organic liquids distribution facilities and Subpart YYYY for combustionturbines are being incorporatedby reference.
10. Chapter33-15-23: Fees a) Page 23-2; 33.:.15-23-02.2.c- This subdivision indicates that statements ofactual Permit to Construct processing costs will be sent. These statements can now be sentbefore a final determination is made onthe permit application. b) Page 23-3; 33-15-23-03.1

- The annual fee for sources that operate a monitor (continuous emission monitor or ambient air quality monitoring site) is being eliminated. c) Page 23-5; 33-15-23-04.9-This subsection is being deleted. d) Page 23-5; 33-15-23-04.11

- A subsection is being added which indicates greenhouse gases are exempt from Title V fees. e) Page 23-5; 33-15-23-06- This section is being added. This section will require the owner or operator of an oil or gas well to pay a $150 filing fee with their registration form.

3

### NO.RTH DAKOTA DEPARTMENT

### ofHEALTH



### For Immediate Release March 12, 2012 ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



## NEWS RELEASE

ForMore Information, Contact: Tom Bachman, Environmental Engineer North DakotaDepartmentofHealth Division ofAir Quality Phone: 701-328-5188 E-mail: tbachman@nd.gov
AirPollution ControlAdvisory Council Schedules PublicHearing BISMARCK, ND- The North Dakota Air Pollution Control Advisory Council and the North Dakota Department ofHealth have scheduled a public hearing to address proposed changes to the North Dakota Department Air Pollution Control Rules and State Implementation Plan for the control ofair pollution. The public hearing will be held April 10, 2012, at 9 a.m. CDT in the FourthFloor Conference Room at the Gold Seal Center, 918 E. DivideAve., Bismarck, N.D.
Theprimary amendments to theNorth Dakota Air Pollution Control Rules include changes to the following: • Prevention ofSignificantDeteriorationProgram • New SourcePerformance Standards • TitleV Permitto OperateProgram • Emission Standards for Hazardous AirPollutants for Source Categories • Fees The public also may submit written comments about the proposed changes through April 21, 2012. The public is invited to direct their comments to Tom Bachman, Division ofAir Quality, North DakotaDepartmentofHealth, 918 E. Divide Ave., Bismarck, N.D. 58501-1947.
The Air Pollution Control Advisory Council is a nine-member panel that considers and makes recommendations regarding the adoption, amendment orrepeal ofrules and standards pertaining to North Dakota air quality.
For more information, contact Tom Bachman, North Dakota Department of Health, at 701-328-5188.


### --30-
Please note: To access archivednews releases andother information, visittheNorth Dakota Departmentof Health PressRoomatwww.nddohpressroom.gov.

Environmental Health Section Chief's Office 701.328.5150 Division of Air Quality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# Affidavit of Publication

Colleen Park, being duly sworn, states as follows:
1. I am the designated agent, underthe provisions and for the purposes of, Section 31-04-06, NDCC, for the newspapers listed on the attached exhibits.
2. The newspapers listed on the exhibits published the advertisement of: NO Health Department-Administrative Rules relating to Air Pollution Control; 2 time(s) as required by law or ordinance.
3. All ofthe listed newspapers are legal newspapers in the State of North Dakota and, under the provisions ofSection 46-05-01, NDCC, are qualified to publish any public notice orany matter required by law or ordinance to be printed or published in a newspaper in North Dakota.

# Signed:--~-------~---

State of North Dakota County of Burleigh Subscribed and sworn to before me this 

## l

## ~ day of 

# fY}tvtcJt.

# ~a. 

# J!.{J.d;AAdYL ,20l.a._.



# -

..... SHARON l. PETERSON

.**~** Notary Public •

. State of North Dakota**~ ~**  

### My Commission Expires Nov. 8, 2017Order

### 30257-12031NAO Attn: TOM BACHMAN 

### NorthDakotaNewspaperAssociation 1435 InterstateLoop· Bismarck, ND 58503-0567 Ph(701} 223-6397 •Fax(701) 223-8185 

### INVOICE

Invoice# 

### 157317 March 12,2012 Advertiser: Administrative Serv: Accounting P.O.#: $3,957.36 ND HEALTHDEPARTMENT 600 EBOULEVARDAVE. DEPT.301 BISMARCK,ND 58505-0200 AmountDue 

## j.**~=========:::::::** AmountPaid ._!

________ ...... Voice: 701.328.5188 Fax: 701.328.5200

Total ·Discount (%) Page RunDate
COUNTY AshleyTribune (AshleyN 6.00 SPR1 33.90 0.00 SIP; Control Air Poll 02/22/12 AshleyTribune (AshleyND) 6.00 SPR1 0.00 SIP; Control Air Poll 02/29/12 AshleyTribune (Ashley ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/07/12 Beach Golden ValleyNews (Beach ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 Beach Golden ValleyNews (Beach ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12 BismarckTribune (Bismarck NO) 6.00. SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/22/12 BismarckTribune (Bismarck NO) 6.00 SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/29/12 Bottineau Courant (Bottineau ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/21/12 Bottineau Courant.(Bottlneau NO) 6.00 SPR1 6.65 33.90 0.00 SIP; Control Air Poll 02/28/12 BowbEills·Burke-Ccsul'ltyTribune (Bowbells NDl · 6.00 SPR1 6.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Bowbells Burke CountyTribune (Bowbells ND) 6.00 SPR1 6.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Bowman CountyPioneer(Bowman ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12**Bowm~n** County Pioneer(Bowman ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/02/12 CandoTownerCo Record Herald (Cando ND) 6.00 SPR1 5.65 33.90. 0.00 ·SIP; Control Air Poll 02/25/12

North DakotaNewspaperAssociation 03112/12 OneSys rhondawifliams #rhondaw PagelAdministrative Serv: Accounting Invoice# 30257-l2031NA0-157317 AdSize Rate Type Rate Total Discount f'A) Caption Page RunDate
COUNTY Cando Towner Co Record Herald (Cando NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/03/12 Carrington FosterCo lndepend (Carrington ND) 6.00 SPR1 5.65 33.90 0.00 SIP;**Co~trol** Air Poll 02/27/12 Carrington FosterCo lndepend (Carrington ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/05/12 Carson Press (Elgin ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Carson Press (Elgin NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 CavalierChronicle (Cavalier ND) ·6.00 SPR1 .5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Cavalle.r Chronicle (Cavalier NO) ' 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Center Republican (Hazen NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 Center Republican (Hazen NO) 6.00 SPR1 5.65 33.90 0.00 · SIP; Control Air Poll 03/01i12 Cooperstown GriggsCounty Courier(Cooperstown NO)**6~00** SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12 Cooperstown GriggsCountyCourier(Cooperstown ND) 6.00 SPR1 5.65 33.90 0.00 ·siP; Control Air Poll 03/02/12 CrosbyThe Journal (Crosby NO) 6.00 SPR1 5.65 33.90 0.00 SIP; cOntrol Air Poll 02/22/12 CrosbyThe Journal (CrosbyNO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Devils Lake DallyJournal (Devils Lake NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02/27/12 Devils Lake DailyJournal (Devils Lake NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 03/05/12 Dickinson Press (Dickinson NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll O:V22/12 Dickinson Press (Dickinson NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02/29/12 Elgin Grant CountyNews (Elgin NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Elgin Grant County News (Elgin ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Ellendale DickeyCo Leader (Ellendale NO) .6.00 SPR1. 5.65 33.90 0.00 SIP; .ControlAir Poll 02/23/12 Ellendale DickeyCo Leader (Ellendale NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12 Fargo, The Forum (Fargo NO) 6.00 SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/27/12 Fargo, The Forum (Fargo NO) 6.00 SPR1 11.45 68.70

. 0.00 SIP; Control Air Poll 03/05/12 FinleySteele CountyPress (FinleyNO) 6.00 SPR1 5.65. 33.90· 0.00 SIP; ControlAir Poll 02/24/12 FinleySteele CountyPress (FinleyND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/02/12

North DakotaNewspaperAssociation 03/12/12 OneSysrhondawilliams#rhondaw Page2Administrative Serv: Accounting Invoice# 30257-l2031NAO-l57317 AdSize Rate Type Rate Total Discount (%) Caption Page RunDate
COUNTY Garrison Mclean Co lndepend (Garrison NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 Garrison Mclean Co lndepend (Garrison NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12 Grafton *Walsh County Record (Grafton ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Grafton *Walsh County Record (Grafton ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02129/12 Grand Forks Herald (Grand Forks NO) 6.00 SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/23/12 Grand Forks Herald (Grand Forks ND) 6.00 SPR1 11.45 68.70 0.00 SIP; Control A\r Poll 03/01112 HarveyThe Herald-Press (Harvey NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02125/12 HarveyThe Herald-Press (Harvey NO) 6.00 SPR1 5.65 33,90 0.00 SIP; Control Air Poll 03/03/12 Hazen Star (Hazen NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 Hazen Star (Hazen NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12

. HettingerAdams Co Record (Hettinger NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02124/1Z HettingerAdams Co Record (Hettinger ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/02112 Jamestown Sun (Jamestown NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02122112 Jamestown Sun (Jamesto'!Vn NO) 6.00 SPR1 7.78 Did Not Run 0..00 SIP; Control Air Poll 02129/12 Jamestown Sun (Jamestown NO) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 03/05/12 Killdeer Dunn County Herald (Killdeer NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12 Killdeer Dunn County Herald (Killdeer ND) 6.00 SPR1 5.65 33.90 0.00**Sl~;** Control Air Poll 03/02112 LakotaAmerican (Lakota NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22112 Lakota American (Lakota NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 LaMoure**Chronlcl~ (LaMoure~NO)**  6.{)0 SPR1 5.65 33.90 0.00 SIP; Controi.Afr Poll 02/22112 LaMoure Chronicle (LaMoure NO)

... MO Sf!Ftf

.. ·5.65 33.90 0.00 SIP; ContrOl Air POll 02/29/12 Langdon CavalierCo Republican (Langdon NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/27/12 Langdon CavalierCo Republican (Langdon NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/05/12 Linton Emmons County Record (Linton NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 Linton Emmons County Record (Linton NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12

NorthDakotaNewspaperAssociation 03/12/12 OneSys rhondawilliams #rhondaw Page3**Admini~trative** Serv: Accounting Invoice# 30257-l203lNAO-l573l7 AdSize Rate Type Rate Total Discount (%) Caption Page RunDate
COUNTY Lisbon Ransom CountyGazette (Lisbon NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/27/12

· Lisbon Ransom CountyGazette (Lisbon NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/05{12 Mandan News (Bismarck NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12 Mandan News (Bismarck NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/02/12 Mayville *Traill CountyTribune (Mayville NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/25/12 Mayville*Tralll CountyTribune (Mayville NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/03/12 McCluskyGazette (McClusky NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Contro.l Air Poll 02/23/12 McCluskyGazette (McClusky NO) 6.00 SPR1 5.65 Did Not Run 0.00 SIP; Control Air Poll 03/01/12 McCluskyGazette (McClusky NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/08/12 Medora Billings Co Pioneer (Beach NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02123/12 Medora Billings Co Pioneer (Beach NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12 MilnorSargent CountyTeller (Milnor NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Po.ll 02/24/12 MilnorSargent CountyTeller (Milnor NO) 6.00 SPR1 5.65 33.90 0.00 SIP: Control Air Poll 03/02/12 Minnewaukan Benson Co Farmers Press (Minnewaukan NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Minnewaukan Benson Co Farmers·Press (Minnewaukan NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Minot Dally News (Minot NO) 6.00 SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/22112 Minot Dally News (Minot NO) 6.00 SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/29/12 Mohall Renville County Farmer (Mohall NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22/12 Mohall Renville County Faimer (Mohall NO) 6.00 SPR1 5.65 33.90 0.00 SIP: Control Air Poll 02/29/12 Napoleon Homestead (Napoleon NO) 6.00. SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/22112 Napoleon Homestead (Napoleon NO) 6:00 SPR1

.. 5.65 33.90
.0.00 SIP; ContrOl AlfPoll 02/29l12 New England The Herald (New England NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12 New England The Herald (New England NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll

. 03/02/12 New Rockford Transcript (New Rockford NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/27112 New Rockford Transcript (New Rockford NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/05/12

NorthDakotaNewspaperAssociation 03/12/12 OneSysrhondawllliams II rhondaw Page4Administrative Serv: Accounting Invoice# 30257-l2031NA0-157317 AdSize Rate Type Rate Total Discount (!'AS} Caption Page RunDate
COUNTY Rolla Turtle Mountain Star(Rolla NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02127/12 Rolla Turtle Mountain Star(Rolla NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/05/12 Rugby Pierce CountyTribune (Rugby ND) · 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/25/12 Rugby Pierce CountyTribune (Rugby ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/03/12 StanleyMountrail Co Promoter (Stanley NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02122/12 Stanley Mountrail Co Promoter (Stanley ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02129/12 Steele Ozone & KidderCo. Press (Steele NO) 6.00 SPR1 5.65. 33.90 0.00 SIP; Control Air Poll 02/22/12 Steele Ozone & Kidder Co. Press (Steele NO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Towner Mouse RiverJournal (Towner ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02122/12 Towner Mouse RiverJournal (Towner ND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll**02/~9/12** ValleyCityTimes-Record (Valley City ND) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02122/12 Valley CityTimes-Record (Valley City ND) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02129/12 Wahpeton Dally**~ews** (Wahpeton NO) 

### ,. 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02/22/12 Wahpeton Daily News (Wahpeton ND) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02129/12 Watford City McKenzie Co Farmer(Watford CityNO) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02122/12 Watford CityMcKenzie Co Farmer (Watford CityND) 6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 Williston Herald (Williston ND) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02122/12 Williston**Her~ld** (Williston ND) 6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02/29/12

Gross Advertising 3,957.36 TotalMise 0.00 Amount Paid 0.00 Agency Discount Tax 0.00 Adjustments 0.00

Other Discount 0.00 Total Billed 3,957.36 Payment Date

· Service Charge 

## o.oo· Unbilled 

## ·o.oo Balance Due 3,957.36.

Yourpayment Isdue upon receipt. Thankyou In advanceforyour prompt payment!

North DakotaNewspaperAssociation 03112112 OneSys rhondawilliams II rhondaw PageSi. . i

I ·i,

# 1~. j

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### ABBREVIATED NOTICEOF INTENT TOADOPTandAMEND

. ADMINISTRATIVE nul-l:!;:)'
· . relating to

· the Psychologists 

## ND State Board :of.

### Psychologist ··Examiners· Will hold 'a publi6·hearh'lg to address propose·d changes· to th.e N.D. Administrative**COde~** .



### AttorneyGeneral's Office.

. 500 N •.

### 9th

## Street ·

. Bismarck, NO

. ·• Wed.,"·March 28, 2012



### ·· ·9:00

## a.m;:c:r

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### Please

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## wKE NEWSPAPER. ADVERTISING.

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### Your House·'I$1-f

# AD:~1~s:~T~Jc:D .

# ·::~~-~-~~-4f:':·~; relating to Air Pollution Control 

### North Dakota**Dept,~rtment** 

### of

.. Health and Air · · Pol.lution Control

·AdvisoryCouncil

. will hpld a public comment period and :pul:ilic hearing to address proposed changes to the N.D. Admin. Code Arficle _33-.15 and the State**lmplement~tlon** Plan (SIP) for control ofair pollution: · 

### 4th FloorConference

### Rin. · .. Gold SealCenter 918'E. DivideAve

.

. Bismarck,NO Tues.,April10,2012 9:00

### a.m.'COT A copy ofih_e woposed rules, SIP revisions arid.full public notice may be viewed at the

· website at: www.ndhealth.gov/ HSI'Piillllclllotlces.asJ)X. A copy of the.

. prop_osed rules, full notice, and SIP

revisions may be obtainad by writing to·.the Noi1h·PaJ<ota Departmentof Health,.Division· cifJ\lr Quality, 918 E Divide Avenue, 2nd floor, Bisrt)arck, NO 58501-1947 or ceiling (701)328 5188. Written comments may be silbmiUed to the above-address from Marcti 8, 2012throughApril21, 2012. Ifyou plan io

· aUendthe publichearing andwill need special facilities orassistance relating to a disabiliW,· please contact the Department of Health · the at)ove-i;lddress at least seven days to th.e pul)lic hearing.

. Dated this 8th dayof Febru;;try2012. Terry L.-b'Ciair,P.E. Pirector, Division ofAlr . .··...**~:··** . ·. . .,

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## Farmers·Union Oil Co.

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## Interstate Cenex 701-872-3590

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## Hot StuffPizza 701-872-3190.

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### Transcript

.Public Hearing AirPollution Control Rules April

### tO, 2012 9:00 a.m. CDT
- Gold SealCenter



### I amDavid SchaafandI will be acting as hearing officerfor this public hearing. It is now 9:00 a.m. onApril10, 2012, intheNorthDakotaDepartmentofHealth'sFourthFloorConferenceRoom hithe Gold Seal Center. Atthis time, I openthis hearing.
This public hearing has been called for the purpose of allowing all interested individuals an opportunity to ·submit

.information concerning proposed amendments to the North Dakota Administrative Code, Article 33-15, Air Pollution Control and amendments to the State ImplementationPlan for the Control ofAirPollution.
Information gathered at this hearing will be transmitted to

. the Department of Health for its deliberationand final decision. The commentsreceived atthishearingwill be consideredwithany written commentsthat are received arid the Department ofHealth will present its consideration of all the comments in writing. You may request a copy ofthe written response and one will be providedto you. Thishearingis beingtaped and we ask everyone to use the podium sothatthetape will be ofgood quality for trailscribing purposes. Please identify yourselffortherecordbefore you speak. Everyone present will be given the opportunity to speak.· ·Ifyou· have a prepared statement, a writtencopyofyour statementis appreciated and will behelpful.
A registration sheet has beenplaced on the table next to the door. I ask that everyone present please signthis sheet and indicateifyou wishto presentoral**testimony~** 

### Atthispoint, I call onTom BachmanoftheDepartmentto su:mmarize theproposedchanges.
InChapter33-15-01: General Provisions

- The date for incorporationbyreference ofthe defmition of "volatile organic compounds" is being updated to January 1, 2012. In Subsection 13.3 a sentence is**b~ing** 

### added to clarifythatthe alternative monitoringrequirements do not applytoAcid Rain sourcescoveredunder Chapter 33-15-21.
·InChapter33-15-03: RestrictionofEmissionofVisibleAirContaminants- Subsection4.4isbeing removedandinSubsection4.5- LanguagethatwaspreviouslylocatedinChapter33-15-17isbeing addedto this subsection.
In Chapter 33-15-05: Emissions of Particulate Matter Restricted -Paragraph 1.2.a(l) is being removedand

### in Subsection4.3, this subsectionisbeingrevisedtorequiremeasurements ofPM2.s be made in accordance with40 CFR51, AppendixM.

### In Chapter 33-15-12: Standards of Performance for New Stationary Sources

- The date for incorporationbyreferenceis beingupdatedto January 1, 2012 and SubpartsJaand GGGaarebeing added. · In Chapter 33-15-14: Designated Air Contaminant Sources,**P~rmit** 

### to Construct, Minor Source Permitto Operate, Title V Pertnit to Operate - A new subdivisionis being added which will allow the Department to issue General Permitsto Construct In Subsection 2.5, the significant impact concentrations are being updated to· reflect changes and additions to the National Ambient Air ·.Quality Standards. Paragraph 13.c(4) is being changed so that it will provide an exemption from permitting requirements for small engines. Subdivision 6.1.x is being revised to provide an exemption for greenhouse gases from fees under the Title V program and Paragraph 6.1.cc(2) is beingrevisedto provide an exemptionfrom inclusioninthe applicability calculationfor theTitle V programfor carbon dioxide emissions from biomass combustion and decomposition.

. ' 

### Chapter 33-15-15: Prevention of Significant Deterioration of Air Quality

- The date for incorporationbyreferenceisbeingupdated to January 1, 2012. · Several changes are beingmadeto more closelymatch federal requirements. The datefor incorporationof40 CFR51 AppendixWis being updated to January 1, 2012. The reference to the North Dakota Guideline for Air Quality Modeling is deleted·and a reference to North Dakotaguidance added.
In Chapter 33-15-17: Restriction ofFugitive Emissions

- Subsection 2.4 is being revised to add a reference to the exceptions to the visible emissions standards in Chapter 33-15-03 and Subsection 2.6 is beingdeleted. · · Chapter33-15-21: Acid Rain Program- The date for incorporationbyreference is being updatedto

· January 1, 2012.

Chapter 33-15-22: Emission Standards for Hazardous Air Pollutants for Source Categories- The date for incorporation byreference is being updated to January 1, 2012 and Subparts EEEE and YYITare being added by reference. Chapter 33-15-23: Fees- Subdivision 2.2.c is beingrevisedto indicatethat statements ofcosts for Permit to

. Construct fees can be sent before the final determination is 1)1ade on the permit application. In Subsection 3.1 the annual fee for minorsourcesthat operate a monitor, an ambient airqualitymonitorsite, is beingeliminated. Subsection4.9isbeingdeleted and Subsection4.11 is being added which indicates greenhouse gases are exempt from Title V fees. Section 6 is also being added. This section will require the owner or operator ofan oil or gas well to pay a $150 filing fee withtheir registration form.
This public hearing also addresses changes to the North Dakota State Implementation Plan including an alternative monitoring plan for opacity for the Milton R. 

### Young Station Unit 1 and certifications that the State ImplementationPlan is adequate for implementing the 1997 PM2.s and Ozone National Ambient Air Quality Standards and the 2008 National Ambient Air Quality StandardforLead. · · · This completes the summary ofrevisions.



### 2

### CLOSING
I will now open· the heating for public·comment. Is there anyone who wishes to present oral testimony? Seeing no one, I thank you all for coming. All·ofthe information gathered at this hearing will beprovided to the North DakotaDepartment ofHealth, which is the decision-making body.

· The record will be held open for written comment through April21, 2012. At this point, I will

close the hearing on the proposed amendments to theNorth Dakota Administrative Code, Article 33-15, AirPollution Control and the State ImplementationPlan. Respectfully Submitted,

# ~oe.L Terry L. 

### O'Clair Administrative Officer TLO:saj

3

# ~ NORTH DAKOTA

..,, DEPARTMENT

### ofHEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve

. Bismarck, NO 58501-1947 701.328.5200 (fax} www.ndhealth.gov



### CertificationofPublicHearing

Re: ImplementationPlanforthe Control ofAirPollution forthe StateofNorthDakota Certification: The undersigned certifiesthat

### the public hearing held by the North DakotaDepartmentofHealth on April 10,

### 2012, forthepurpose ofreceiving andconsideringtestimonyandevidencebearingontheproposed revisionstotheImplementationPlanforthe Control ofAir

### Pollution**fo~**

### the StateofNorthDakotawas held in 

### accordance withthe notice requiredby Section 51.102 Public Hearings ofthe Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Code of Federal Regulations, Title 40, Chapter I, 

### SubchapterC, Part51.



### Date: Aprilll,2012

Affidavit: State ofNorthDakota CountyofBurleigh On the 

### llih day ofApril2012 before me personally appeared Tom Bachman, who having been duly
sworn, statedthattothe

### bestofhisknowledge andbeliefthe statements inthe foregoing certificationaretrue.

Environmental Health Section ChiefsOffice**701.~28.5150** DMslonof AJrQuality 701.328.5188 

### Subscribedand swornto beforeme ShelTiA. Jahraus Type,

### PrintorStampName

# 5~a.J~ North Dakota •.
.·sHERRIA.

### JAHRAUS My CommissioneXPt s NetaryPublic

DMsionof Municipal Facilities

701.328.5211 Printedonrecycledpaper. Slateof

### North Dakota My

### CommissionExpiresOct. 

### 18,201.t

Division of 

### waste Management 701.328.5166 DMslooof WaterQuality 701.328.5210

### Response to Public Comments on Proposed Revisions to The AirPollution Control Rules

ofthe State ofNorthDakota and State ImplementationPlan

Public Comment Period March 8, 2012 -April21, 2012

NorthDakotaDepartmentofHealth DivisionofAir Quality 918 E DivideAvenue, 2"d Floor Bismarck, ND 58501-1947

### Table ofContents



### SummaryofComments and Responses 1. Oral Comments 2. Written Comments onRules
Martin Schock Comments
Environmental Protection Agency Comments And Department's Response

### 1. Oral Comments
No oral comments were received.
2. Written Comments Summary ofComments and Responses

Written comments were provided by the U.S. Environmental Protection Agency (EPA) and Martin Schock.
A. Martin Schock Comment


### 1. Mr. Schock stated that the proposed revision to 40 CFR 52.21(1)(1), should include a requirement that the Department give notice and provide for public review its guidance, interpretations ofguidance, and approval of technical inputs used for dispersion modeling in Prevention ofSignificant Deterioration (PSD) permitting actions. Response: 

### The Department has always provided for public review the· dispersion modeling analysis in any PSD permit action as part of the public participation requirements under 40 CFR 52.21(q). In addition, 40 CFR 51, Appendix W, which is being incorporated by reference, requires approval by the EPA Regional Administrator of alternative models and modeling techniques that are different from the preferred models. Further, the modeling analysis is subject to review by the EPA and any state, federal land manager or Indian governing body whose lands may be significantly affected as required by NDAC 33-15-15-01.2.q(2)(d), Public Participation. No revision is required.
B. EPA Comments
1. 

### Rule Comments
EPA urged the Department to revise several sections ofArticle 33-15 that contain "Director's Discretions." EPA provided a list ofthe sections in need ofrevision and indicated these sections would not be approvable if resubmitted without eliminating the "Director's Discretions." None ofthe sections listed byEPAwere part ofthe proposedrule revisions. Response: 

### The proposed rules revisions either eliminate the "Director's Discretions" or do not contain a "Director's Discretion." Therefore, the proposed revisions comply with the Clean Air Act. No revisions to the rule amendments are necessary.



### 1

### March 19, 2012
NorthDakotaDepartmentofHealth Division ofAir Quality 918 EastDivide Avenue, 2nd Floor Bismarck, ND 58501-1947
Comments onProposed Changes to AirPollution ControlRules perNotice ofProposedRule Making datedFebruary 8, 2012. Gentlepersons: TheNDDH, DAQ, (hereafterDAQ) proposes a changeto NDAC 33-33-15-01.2 relatingto 40 CFR 52.21(1){1), whichreads as follows: All estimates ofambientconcentrations requiredunder

### this chaptershallbebasedonapplicable airqualitymodels, technicaldatabases (includingqualityassuredairqualitymonitoringresults), and otherrequirements specified in appendix

### Wof

### 40 CFR51 ("guideline onairqualitymodels" as it

### exists onJuly

### 2, 2010 January 1, 

### 2012) as supplementedhy

### the 

### "NorthDakotagW.delinefor airqaality**mo~ling ~yses."**  as supplementedbydepartmentguidance. These 

### docllm.eBts are 

### incorporated,by**refer~e**

### ..**T~cJwj.caf4J.pnts** forthesemodels shallbebaseduponcredible 

### techrllcaldata approvedm:'advance by' the department. Inmaking suchdeterminations, the department shall reviewsuchtechnicaldatatodetermine whetheritisrepresentative ofactual

..·:. · .. souice;:riieteorological, topographical, orlocalairqualitycircumstances.

. 

### theFederal CAArequiresthattheU.S. EPAprovide, through rule making, for public review and commenton its Guideline on Air QualityModels. DAQ guidancethat supplements anyEPA guidance andDAQ'sinterpretations ofanyEPAguidance, whetherwrittenorunwritten, represents and implementsDAQ adniinistrative andtechnical discretionthat canimpact modeling outcome. The aboveNDAC required DAQ advance approval oftechnical inputs is also an application ofdiscretionthat can impact modeling outcome. Duringthepast decade, modeling outcome has, inturn, 

### impacted determinations ofcompliancewithNAAQS, SILs, PSD increments, and visibilitythresholds. Any supplementalDAQ guidance andDAQ'sinterpretationofany EPAguidance apparently are administrative andtechnical policies as well as acts ofdiscretion and, thus, mustbe explained, justifiedandpresented forpublicreview and comment eitherin advance ofpermitting actions or as attachmentsto proposed permitting actions. Similarly, all advance approvals oftechnical inputsmustbe fully documented, explained and provided for publicreview. (See also theDAQ adopted policy in 2005 relating to aCALMET and CALPUFF protocol.) The aboveNDAC paragraph shouldbe amendedtorequire theDAQ togive noticeand provide forpublicreviewits guidance, interpretationsofguidance, and approvals oftechnicalinputs.

.. . ,._

## .. SiiiCCrely,

## 1.1~R~; 

# . Martinit'Schod{· .· · ··.:·::, : <··:: •• · '···

.. 

### Cc: 

## L,.' oavid(!lati,

### Cbie~-:

# N:Priit.EHS ·;. ; Margaret Olson, A8s1stantAttomey General . •.
.·: P:

.. "'I';

..

;·**~:** I

..**·:··~**UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8



### Ref: 8P-AR
Terry O'Clair, Director DivisionofAir Quality Environmental Health Section North DakotaDepartmentofHealth 918 East Divide Avenue 1595Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08 

# APR 202012

Bismarck, North Dakota 58501-1947

DearMr. O'Clair: RE: EPA Comments for Apri110, 2012 Public Hearing onProposed Revisions to the North Dakota Air Pollution Control Rules and State Implementation Plan

The EPAhas completeda preliminaryreview ofthe draft revisions tothe North Dakota State Implementation Plan (SIP) and Air Pollution Control Rules, as submitted byyouwith a letter dated February 14, 2012. Our comments and questions are detailed in Enclosure 1to this letter. In addition, and as we have done previously, we also included comments on problematic Director's discretion concerns in the chapters noticed for the hearing.
The proposed revisions listed below will not be incorporated into the North Dakota SIP. The EPA will take separate actions on them when submitted.

• Chapter 33-15-12

• Chapter 33-15-14-06 • Chapter 33-15-21 • Chapter 33-15-22

• Section 33-15-23-04 Standards for Performance for New Stationary Sources Title V Permitto Operate AcidRain Program Emission Standards for Hazardous Air Pollutants for Source Categories Major Source Permitto Operate Fees (Title V Fees)
A written response to the EPA's comments, and all other comments received, is required to meet the completeness criteriaoutlined in40 CFRpart 51, appendixV andmustbe included inthe formal Governor's submittal ofthe revisions to the SIP once they are finalized. We will only cometo a final conclusionregarding the adequacy ofthese NorthDakotaSIP revisions when we actonthemthrough ourownpublic notice and commentrulemaking.

### We appreciate the opportunity to provide comments for your public hearing record. Ifyou have any questions on the EPA's comments, please contact me at 303-312-6416, or have your staff contact Gail Fallon at 303-312-6281.

Enclosure

cc: Tom Bachman, NDDH 

# 5):;

Carl Daly,

# Directo~ AirProgram

2

### ENCLOSURE 1
EPA Comments for North Dakota's April10, 2012 Public Hearing
Director's Discretion Language
We note and appreciate that youhave addressed ourprevious Director's discretion concerns under sections 33-15-03-04.4 and 33-15-05.01.2.a(l). Otherconcerns, including Director's discretion issues, that we havepreviously commented about inparts ofChapter 33-15 ofthe NorthDakotaAdministrative Code still remain and are detailedbelow. It

### appears thatthe State is notproposing to revise those parts in this action. However, ifthe State ultimately adopts its proposed revisions to 33-15, and those parts with Director's discretion are submitted by the Governor, it is likely those parts will not be approvable by EPA. We urge you to revise or remove the described sections priorto submittal. Chapter 33-15-01, General Provisions


### 1. 33-15-01-07. Variances. This entire section is problematic because it appears to make variances immediately effectiveupon departmentapproval. Underthe Clean AirAct, no variance should be effectiveuntil EPA approves it as a State Implementation Plan (SIP) revision pursuantto section 110 ofthe CleanAir Act.
2. 33-15-01-14. Time Schedule for Compliance. The language, "exceptas otherwise specified" creates the problematic Director's discretion in this provision. Chapter 33-15-03, Restriction ofEmission ofVisibleAir Contaminants
3. 33-15-03.03. Restrictions applicationto fugitive emissions. The Director's discretion language ofconcerninthis section is, "

...as determined or identifiedby the department

..." Chapter33-15-05, Emissions ofParticulate Matter Restricted
4. 33-15-05-01.2.a.(3) Emission limitations. This section includes a cross-referenceto section 33-15-05-04 which includes Director'sdiscretion concerns as noted further below.
5. 33-15-05-02.2.f. Emission limitations. This section includes the language, "newor existing source... shall comply

...when directed by department..." and requires clarification that the source cannot avoid new source performance standards (NSPS) requirements.
6. 33-15-05-03.2.3.a. Newtrash incinerators (Design). This section includes the language, "

...department may approve an alternate design

..." Performancerequirements are not specific

. enoughto ensurethatthe "alternatedesign" wouldprovide anequivalentto therequirement for a primary combustion chamberorzonewhichprovides completecombustion ofsolid waste.

1

### "In cases where States wish to utilize different, but equivalent, procedures and requirements for continuous monitoring systems, the State plan.must provide a description ofsuch alternative procedures for approval by the Administrator. Some examples ofsituations that may require .alternatives follow:

3.9.5 Alternative continuous monitoring systems that do not meet the spectral response requirements in Performance Specification 1, appendix B ofpart 60, but adequately demonstrate a definite and consistentrelationship betweentheir measurements and the opacity measurements ofa system complying with the requirements in Performance Specification 1. The State may requirethat such demonstrationbe performed for each affected facility." Similarly, section 6.0 describes conditions andrequirements for the establishmentofalternative monitoring requirements and states that, "whenthe State exempts any source subjectto this appendix by :use ofthis provisionfrom installing continuous emissionmonitoring systems, the State shall setforth alternative emissionmonitoring and reporting requirements

... to satisfy the intent ofthese regulations." According to North Dakota's analysis, the compliailce assurance monitoring (CAM) plan forM. R. Young StationUnit 1indicates that a filterable PMemissionrate of0.062 lb/MMBtueorresponds to 20% opacity. Wereviewed the CAM plan for this unit and the opacity andcorresponding PM test data providedtherein.
Based onour.analysisi we are concerned thatthe 0.062 lb/MMBtu (lQ:.minute average) PM emissio·n limit may sometimes correspondto an opacity value greater than20%. We note that thedatain the CAM plan, while reflecting a "definiteandconsistentrelationship" betweenPMmeasurements and opacity measurements, consist ofa limited number ofdatapoints and reflect somevariability in the correlationbetween PM and opacityvalues; i.e:, sometimes opacity increased as PM levels decreased. While this variability occurred within a narrowrange, we are concerned that the proposed PM limit of 0.062 lb/MMBtu lacks a sufficient safety marginto assure compliance withthe opacity limit. A more detailed explanation ofour analysis is provided in a separate comment section below.
Based onthe available data, we suggestthat a 10% safety margin is warranted. Our analysis indicates that a 10% safety margin would correspond to a PM limit of0.0523 lb/MMBtu. This value should ensure compliance with the 20% opacity limit. It

### is ourunderstandingthathistorical PMemissions have been well below this level.
The Statehas indicated inpast discussions that itbelieves that lowering the emission limit for the monitoring requirement will effectively makethe opacity limitmore stringentwhich is notits intent. The Statehas also pointed out in discussions thatEPARegion 8'scompliance staffhas approvedPM CEMS for meeting opacityrequirements underNSPS andthat including the 0.062 limit forthe SIP revision improves upon theNSPS approval. It

### is not our intent that the State should make the opacity limit more stringent. A slightly lower PM limit than the State has proposed will ensure equivalency ofmonitoring methods and compliance with the 

### 3EPAAnalysis ofMilton R. Young StationUnit 1, Compliance Assurance Monitoring Plan TestData Stack Opacity Comparedto TotalParticulate Emissions Opacity lb/MMBTU lb/hr 3.1 0.0074 15.23 3.4 0.0071 16.24

5 0.0108 21.61 11.5 0.0301 66.83 11.6 0.0271 65.59 14.6 0.0442 112.96 14.8 0.042 101.49 15.1 0.0397 80.22 20.8 0.0665 163.68

mean 11.1 0.0305444 71.53889 std dev 6.092413 0.0199422 49.94652

.8*20 .9*20 16 18 0.0459 110.4866 0.0523 126.3838 1000**~----------~------------------------------------------** 

# I • 100

. . 

## "'t:

v= 7.9486x-16.691 R

2 =0.9401**10+-----~~----------------------------------------------**

1 +-------------------------------------------------------

0.1

y=0.0032x- 0.0053 

### o.o1 I ,..,- 

### rs-

### = v.:u:u

0.001 

## +-------,-------r-----..-------r-----'---., 0 5 10 15 20 25
+lb/MMBTU .lb/hr



### 5

### SECTION III

STATE LAWS

AppendixB ofthe PlanCHAPTER 23-25 AIR POLLUTION CONTROL
23-25-01. Definitions. For purposes ofthis chapter, the following words and phrases are defined: 1. "Air contaminant" means any solid, liquid, gas, or odorous substance, or any combination thereof. 2. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or may be injurious to human health, welfare, or property, animal or plant life, or which unreasonably interferes with the enjoyment of life or property. 3. "Air quality standard" means an established concentration, exposure time, or frequency of occurrence of a contaminant or multiple contaminants in the ambient air which may not be exceeded. 4. "Ambient air" means the surrounding outside air. 5. "Asbestos abatement" means any demolition, renovation, salvage, repair, or construction activity which involves the repair, enclosure, encapsulation, removal, handling, or disposal of more than three square feet [0.28 square meter] orthree linear feet [0.91 meter] of friable asbestos material. Asbestos abatement also means any inspections, preparation of management plans, and abatement project design for both friable and nonfriable asbestos material. 6. "Asbestos contractor" means any partnership, firm, association, corporation, limited liability company, or sole proprietorship that contracts to perform asbestos abatement for another. 7. "Asbestos worker" means any person engaged in the abatement of more than three square feet [0.28 square meter] or three linear feet [0.91 meter] of friable asbestos material, except for individuals engaged in abatement at their private residence. 8. "Emission" means a release ofair contaminants into the ambient air. 9. "Emission standard" means a limitation on the release of any air contaminant into the ambient air. 10. "Friable asbestos material" means any material containing more than one percent asbestos that hand pressure or mechanical forces expected to act on the material can crumble, pulverize, or reduce to powder when dry. 11. "Indirect air contaminant source" means any facility, building, structure, or installation, or any combination thereof, which can reasonably be expected to cause or induce emissions ofair contaminants. 12. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight. 13. "Person" means any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision ofthis state, any other state or political subdivision or agency thereof, and any legal successor, representative agency, or agency ofthe foregoing.
23-25-01.1. Declaration of public policy and legislative intent. It is hereby declared to be the public policy of this state and the legislative intent of this chapter to achieve and maintain the best air quality possible, consistent with the best available control technology, to protect human health, welfare, and property, to prevent injury to plant and animal life, to promote the economic and social development of this state, to foster the comfort and convenience ofthe people, and to facilitate the enjoyment of the natural attractions ofthis state.
23-25-02. State air pollution control agency -Advisory council. 1. The state department of health, hereinafter referred to as the department, is hereby designated as the agency to administer and coordinate a statewide program of air pollution control consistent with the provisions ofthis chapter.

Page No.12. There is hereby established an air pollution control advisory council, hereinafter referred to as the advisory council, of nine members to include the state health officer, the state geologist, the director of the department of transportation, and six other members to be appointed by the governor, one of whom must be a representative of county or municipal government, one a representative ofthe solid fuels industry, one a representative of the fluid**~nd** gas fuels industry, one a representative of the environmental sciences, and two appointed at large. 3. The term of office for the appointed members of the advisory council must be six years, but of those four first appointed, two shall serve for two years and two for four years, and the lengths oftheir terms must be designated by the governor at the time of appointment. 4. The advisory council shall select its own chairman from among its members. The state health officer, state geologist, and director of the department of transportation each may designate a principal deputy or assistant to act in the officer's place and stead. The chief sanitary engineer of the state department of health, or that officer's designated assistant, must be the principal administrative officer ofthe council. 5. The advisory council shall hold at least one regular meeting each year, and such additional meetings as the chairman deems necessary, at a time and place to be fixed by the chairman. Special meetings must be called by the chairman on the written request ofany three members. Five members constitute a quorum. 6. The advisory council shall hold a public hearing to consider and recommend the adoption, amendment, or repeal of rules, regulations, and standards as provided in this chapter. Notice of such public hearing or hearings must be given by publication of a notice of such hearing or hearings in each of the official county newspapers within the state of North Dakota by at least two publications, one week apart, the last publication being at least thirty days prior to the first hearing. The hearing or hearings must be held in the state capitol in Bismarck and interested parties may present witnesses and other evidence pertinent and relevant to proposed rules, regulations, and standards. The advisory council shall consider any other matters related to the purposes ofthis chapter and may make recommendations on its own initiative to the department concerning the administration ofthis chapter.
23-25-03. Power and duties ofthe department. The department shall: 1. Encourage the voluntary cooperation of persons or affected groups to achieve the purposes ofthis chapter. 2. Determine by scientifically oriented field studies and sampling the degree of air

. pollution in the state and the several parts thereof. 3. Encourage and conduct studies, investigations, and research relating to air pollution and its causes, effects, prevention, abatement, and control. 4. Advise, consult, and cooperate with other public agencies and with affected groups and industries. 5. Issue such orders as may be necessary to effectuate the purposes ofthis chapter and enforce the same by all appropriate administrative and judicial procedures. 6. Provide rules and regulations relating to the construction of any new direct or indirect air contaminant source or modification of any existing direct or indirect air contaminant source which the department determines will prevent the attainment or maintenance of any ambient air quality standard, and require that prior to commencing construction or modification of any such source, the owner or operator thereof shall submit such information as may be necessary to permit the department to make such determination. 7. Establish ambient air quality standards for the state which may vary according to appropriate areas. 8. Formulate and promulgate emission control requirements for the prevention, abatement, and control of air pollution in this state including achievement of ambient air quality standards.
Page No.29. Hold hearings relating to any aspect or matter in the administration ofthis chapter, and in connection therewith, compel the attendance of witnesses and the production of evidence. 10. Require the owner or operator of a regulated air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures; and provide such other information as may be required. 11. Provide by rules and regulations a procedure for the handling of applications for the granting of a variance to any person who owns or is in control of any plant, establishment, process, or equipment. The granting of a variance is not a right of the applicant but must be in the discretion ofthe department. 12. Provide by rules any procedures necessary and appropriate to develop, implement, and enforce any air pollution prevention and control program established by the Federal Clean Air Act, as amended, and the authorities and responsibilities of which are delegatable to the state by the United States environmental protection agency. Such rules may include any and all enforceable ambient standards, emission limitations, and other control measures, means, techniques, or economic incentives such as fees, marketable permits, and auctions of emissions rights as provided by the Act. The department shall develop and implement such federal programs if the department determines there is a benefit to the state. 13. Provide by rules a program for implementing lead-based paint remediation training, certification, and performance requirements in accordance with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and 233. After consultation with the advisory council, the department is empowered to adopt, amend, and repeal rules and regulations implementing and consistent with this chapter.
23-25-03.1. Licensing of asbestos and lead-based paint contractors and certification of asbestos and lead-based paint workers. The department is charged with the responsibility of administering and enforcing a licensing program for asbestos contractors and lead-based paint contractors and a certification program for asbestos workers and lead-based paint workers and is given and charged with the following powers and duties: 1. To require training of, and to examine, asbestos workers and lead-based paint workers. 2. To establish standards and procedures for the licensing of contractors, and the certification of asbestos workers engaging in the abatement of friable asbestos materials or nonfriable asbestos materials that become friable during abatement, and to establish performance standards for asbestos abatement. The performance standards will be as stringent as those standards adopted by the United States environmental protection agency pursuant to section 112 ofthe Federal Clean Air Act, as amended. 3. To establish standards and procedures for the licensing of contractors and the certification of lead-based paint workers engaging in the abatement of lead-based paint and to establish performance standards for lead-based paint abatement in accordance with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and 233. 4. To issue certificates to all applicants who satisfy the requirements for certification under this section and any rules under this section, to renew certificates, and to suspend or revoke certificates for cause after notice and opportunity for hearing. 5. To establish an annual fee and renewal fees for licensing asbestos contractors and lead-based paint contractors and certifying asbestos and lead-based paint workers and to establish examination fees for asbestos and lead-based paint workers under section 23-25-04.2. The annual, renewal, and examination fees for lead-based contractors and workers may not exceed those charged to asbestos contractors and workers.
Page No.36. To establish indoor environmental nonoccupational air quality standards for asbestos. 7. To adopt and enforce rules as necessary forthe implementation ofthis section. For nonpublic employees performing asbestos abatement in facilities or on facility components owned or leased by their employer, only the provisions of rules adopted in accordance with the federal Asbestos Hazard Emergency Response Act of 1986 [Pub. 

### L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended, or the federal Clean Air Act [Pub. 

### L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et seq.], as amended, apply to this section. This does not include ownership that was acquired solely to effect a demolition or renovation.
23-25-03.2. Sulfur dioxide ambient air quality standards more strict than federal standards prohibited. The department may not adopt ambient air quality rules or standards for sulfur dioxide that affect coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt ambient air quality rules or standards for sulfur dioxide that affect these facilities and refineries when there are no corresponding federal rules or standards. Any ambient air quality standards that have been adopted by the department for sulfur dioxide that are more strict than federal rules or standards under the Clean AirAct, or for which there are no corresponding federal rules or standards, are void as to coal conversion facilities and petroleum refineries. However, the department may adopt rules for dealing with exposures of less than one hour to sulfur dioxide emissions on a source-by-source basis pursuant to any regulatory program for dealing with short-term exposures to sulfur dioxide that may be established under the Clean Air Act. Any intervention levels or standards set forth in the rules, however, may hot be more strict than federal levels or standards recommended or adopted under the federal program. In adopting the rules, the department shall follow all other provisions of state law governing the department's adoption of ambient air quality rules when there are no mandatory corresponding federal rules or standards.
23-25-03.3. Requirements for adoption of air quality rules more strict than federal standards. 1. Notwithstanding any other provisions of this title, the department may not adopt air quality rules or standards affecting coal conversion and associated facilities, petroleum refineries, or oil and gas production and processing facilities which are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt air quality rules or standards affecting such facilities when there are no corresponding federal rules or standards, unless the more strict or additional rules or standards are based on a risk assessment that demonstrates a substantial probability of significant impacts to public health or property, a cost-benefit analysis that affirmatively demonstrates that the benefits of the more stringent or additional state rules and standards will exceed the anticipated costs, and the independent peer reviews required by this section. 2. The department shall hold a hearing on any rules or standards proposed for adoption under this section on not less than ninety days' notice. The notice of hearing must specify all studies, opinions, and data that have been relied upon by the department and must state that the studies, risk assessment, and cost-benefit analysis that support the proposed rules or standards are available at the department for inspection and copying. If at any time the department intends to rely upon any studies, opinions, risk assessments, cost-benefit analyses, or other information that were not available from the department when it gave its notice of hearing, the department shall give a new notice of hearing not less than ninety days prior to the hearing that clearly identifies the additional or amended studies, analyses, opinions, data, or information upon which the department intends to rely and conduct an additional hearing ifthe first hearing has already been held. 3. In this section: a. "Cost-benefit analysis" means both the analysis and the written document that contains: Page No.4(1) A description and comparison ofthe benefits and costs ofthe rule and ofthe reasonable alternatives to the rule. The analysis must include a quantification or numerical estimate of the quantifiable benefits and costs. The quantification or numerical estimate must use comparable assumptions including time periods, specify the ranges of predictions, and explain the margins of error involved in the quantification methods and estimates being used. The costs that must be considered include the social, environmental, and economic costs that are expected to result directly or indirectly from implementation or compliance with the proposed rule. (2) A reasonable determination whether as a whole the benefits of the rule justify the costs of the rule and that the rule will achieve the rulemaking objectives in a more cost-effective manner than other reasonable alternatives, including the alternative of no government action. In evaluating and comparing the costs and benefits, the department shall not rely on cost, benefit, or risk assessment information that is not accompanied by data, analysis, or supporting materials that would enable the department and other persons interested in the rulemaking to assess the accuracy, reliability, and uncertainty factors applicable to the information. b. "Risk assessment" means both the process used by the department to identify and quantify the degree oftoxicity, exposure, or other risk posed for the exposed individuals, populations, or resources and the written document containing an explanation of how the assessment process has been applied to an individual substance, activity, or condition. The risk assessment must include a discussion that characterizes the risks being assessed. The risk characterization must include the following elements: (1) A description of the exposure scenarios used, the natural resources or subpopulations being exposed, and the likelihood of these exposure scenarios expressed in terms of probability. (2) A hazard identification that demonstrates whether exposure to the substance, activity, or condition identified is causally linked to an adverse effect. (3) The major sources of uncertainties in the hazard identification, dose-response, and exposure assessment portions ofthe risk assessment. (4) When a risk assessment involves a choice of any significant assumption, inference, or model, the department in preparing the risk assessment shall: (a) Rely only upon environmental protection agency-approved air dispersion models. (b) Identify the assumptions, inferences, and models that materially affect the outcome. (c) Explain the basis for any choices. (d) Identify any policy decisions or assumptions. (e) Indicate the extent to which any model has been validated by, or conflicts with, empirical data. (f) Describe the impact of alternative choices of assumptions, inferences, or mathematical models. (5) The range and distribution of exposures and risks derived from the risk assessment. c. The risk assessment and cost-benefit analysis performed by the department must be independently peer reviewed by qualified experts selected by the air pollution control advisory council. 4. This section applies to any petition submitted to the department pursuant to section 23-01-04.1 that identifies air quality rules or standards affecting coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.] or for which there are no corresponding federal rules or standards, regardless of whether the department has previously adopted the more strict or additional rules or standards pursuant to section
Page No.523-01-04.1. This section also applies to any petitions filed under section 23-01-04.1 affecting coal conversion facilities or petroleum refineries that are pending on the effective date ofthis section for which new rules or standards have not been adopted, and the department shall have a reasonable amount of additional time to comply with the more stringent requirements of this section. To the extent section 23-01-04.1 conflicts with this section, the provisions of this section govern. This section does not apply, however, to existing rules that set air quality standards for odor, hydrogen sulfide, visible and fugitive emissions, or emission standards for particulate matter and sulfur dioxide, but does apply to any new rules governing such matters.
23-25-04. Classification and reporting ofair pollution sources. 1. After consultation with the advisory council the department, by rule or regulation, may classify air contaminant sources according to levels and types of emissions and other criteria which relate to air pollution and may require reporting for any of such class or classes. Classifications made pursuant to this subsection may apply to the state as a whole orto any designated area ofthe state and must be made with special reference to effects on health, economic, and social factors and physical effects on property. 2. Any person operating or responsible for the operation of air contaminant sources of any class for which rules and regulations of the department require reporting shall make reports containing information as may be required by the department relevant to air pollution.
23-25-04.1. Permits or registration. 1. No person shall construct, install, modify, use, or operate an air contaminant source designated by regulation, capable of causing or contributing to air pollution, either directly or indirectly, without a permit from the department or in violation of any conditions imposed by such permit. 2. The department shall provide for-the issuance, suspension, revocation, and renewal of any permits which it may require pursuant to this section. 3. The department may require that applications for such permits shall be accompanied by plans, specifications, and such other information as it deems necessary. 4. Possession of an approved permit or registration certificate does not relieve any person of the responsibility to comply with applicable emission limitations or with any other provision of law or regulations adopted pursuant thereto and does not relieve any person from the requirement that that person possess a valid contractor's license issued under chapter 43-07. 5. The department by rule or regulation may provide for registration and registration renewal of certain air contaminant sources in lieu of the permit required pursuant to this section. 6. The department may exempt by rule and regulation certain air contaminant sources from the permit or registration requirements set forth in this section when the department makes a finding that the exemption of such sources of air contaminants will not be contrary to section 23-25-01.1.
23-25-04.2. Fees - Deposit in operating fund. The department by rule or regulation may prescribe and provide for the payment and collection of reasonable fees for the issuance of permits or registration certificates. The permit or registration certificate fees must be based on the anticipated cost offiling and processing the application, of taking action on the requested permit or registration certificate, and conducting an inspection program to determine compliance or noncompliance with the permit or registration certificate. Any moneys collected for permit or registration fees must be deposited in the department operating fund in the state treasury and must be spent subject to appropriation by the legislative assembly.

Page No.623-25-05. Right ofonsite inspection. 1. Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules and regulations enforced pursuant thereto. If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status. 2. The department may conduct tests and take samples of air contaminants, fuel, process material, and other materials which affect or may affect emission of air contaminants from any source, and shall have the power to have access to and copy any records required by department rules or regulations to be maintained, and to inspect monitoring equipment located on the premises. Upon request of the department, the person responsible for the source to be tested shall provide necessary holes in stacks or ducts and such other safe and proper sampling and testing facilities exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants. If an authorized representative of the department, during the course of an inspection, obtains a sample of air contaminant, fuel, process material, or other material, that representative shall issue a receipt for the sample obtained to the owner or operator of, or person responsible for, the source tested. 3. For the purpose of ascertaining the state of compliance with this chapter and any applicable rules, any duly authorized officer, employee, or agent of the department may enter and inspect, at any reasonable time, any property, premises, or place on or at which a lead-based paint remediation activity is ongoing. If requested, the department shall provide to the owner or operator of the premises a report that sets forth all facts found which relate to compliance status.
23-25-06. Confidentiality of records. 1. Any record, report, or information obtained under this chapter must be available to the public, except that upon a showing satisfactory to the department that the record, report, or information, or particular part thereof, other than emission data, to which the department has access under this chapter, if made public, would divulge trade secrets, the department shall consider the record, report, or information or particular portion thereof confidential in the administration ofthis chapter. 2. Nothing herein may be construed to prevent disclosure of any report, or record of information to federal, state, or local agencies when necessary for purposes of administration ofany federal, state, or local air pollution control laws, or when relevant in any proceeding under this chapter.
23-25-07. Emission control requirements. Repealed byS.L.1975, ch. 231, § 11.
23-25-08. Administrative procedure and judicial review. Any proceeding underthis chapter for: 1. The issuance or modification of rules and regulations including emergency orders relating to control of air pollution; or 2. Determining compliance with rules and regulations ofthe department, must be conducted in accordance with the provisions of chapter 28-32, and appeals may be taken as therein provided. When an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet this emergency. Notwithstanding any provision of this chapter, such order must be effective immediately, but on application to the department an interested person must be afforded a hearing before the state health council within ten days. On the basis of such hearing,

Page No.7the emergency order must be continued, modified, or revoked within thirty days after such hearing. Except as provided for in this section, notice of any hearing held under this chapter must be issued at least thirty days priorto the date specified for the hearing.
23-25-09. Injunction proceedings. Repealed by S.L. 1975, ch. 231, § 11.
23-25-10. Enforcement- Penalties -Injunctions. 1. Any person who willfully violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a fine of not more than ten thousand dollars per day per violation, or by imprisonment for not more than one year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment must be by a fine of not more than twenty thousand dollars per day per violation, or by imprisonment for not more than two years, or both. 2. Any person who violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, with criminal negligence as defined by section 12.1-02-02, is subject to a fine of not more than ten thousand dollars per day perviolation, or by imprisonment for not more than six months, or both. 3. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, upon conviction, is subject to a fine of not more than ten thousand dollars per day per violation, or by imprisonment for not more than six months, or both. 4. Any person who violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a civil penalty not to exceed ten thousand dollars per day perviolation. 5. Without prior revocation of any pertinent permits, the department, in accordance with the laws ofthis state governing injunction or other process, may maintain an action in the name of the state against any person to enjoin any threatened or continuing violation of any provision ofthis chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter.
23-25-11. Regulation ofodors- Rules. 1. In areas located within a city or the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that measures seven odor concentration units or higher outside the property boundary where the discharge is occurring. If an agricultural operation as defined by section 42-04-01 has been in operation for more than one year, as provided by section 42-04-02, and the business or residence making the odor complaint was built or established after the agricultural operation was established, the measurement for compliance with the seven odor concentration units standard must be taken within one hundred feet [30.48 meters] of the subsequently established residence, church, school, business, or public building making the complaint rather than at the property boundary of the agricultural operation. The measurement may not be taken within five hundred feet [.15 kilometer] ofthe property boundary ofthe agricultural operation. 2. In areas located outside a city or outside the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that causes odors that

Page No.8measure seven odor concentration units or higher as measured at any ofthe following locations: a. Within one hundred feet [30.48 meters] of any residence, church, school, business, or public building, or within a campground or public park. An odor measurement may not be taken at the residence of the owner or operator of the source of the odor, or at any residence, church, school, business, or public building, or within a campground or public park, that is built or established within one-half mile [.80 kilometer] ofthe source ofthe odor after the source ofthe odor has been built or established; b. At any point located beyond one-half mile [.80 kilometer] from the source of the odor, except for property owned by the owner or operator of the source of the odor, or over which the owner or operator of the source of the odor has purchased an odor easement; or c. Ifa county or township has zoned or established a setback distance for an animal feeding operation which is greater than one-half mile [.80 kilometer] under either section 11-33-02.1 or 58-03-11.1, or ifthe setback distance under subsection 7 is greater than one-half mile [.80 kilometer], measurements for compliance with the seven odor concentration units standard must be taken at the setback distance rather than one-half mile [.80 kilometer] from the facility under subdivision b, except for any residence, church, school, business, public building, park, or campground within the setback distance which was built or established before the animal feeding operation was established, unless the animal feeding operation has obtained an odor easement from the preexisting facility. 3. An odor measurement may be taken only with a properly maintained scentometer, by an odor panel, or by another instrument or method approved by the state department of health, and only by inspectors certified by the department who have successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odor samples and concentrations. If a certified inspector measures a violation of this section, the department may send a certified letter of apparent noncompliance to the person causing the apparent violation and may negotiate with the owner or operator for the establishment of an odor management plan and best management practices to address the apparent violation. The department shall give the owner or operator at least fifteen days to implement the odor management plan. If the odor problem persists, the department may proceed with an enforcement action provided at least two certified inspectors at the same time each measure a violation and then confirm the violation by a second odor measurement taken by each certified inspector, at least fifteen minutes, but no more than two hours, afterthe first measurement. 4. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land in accordance with a nutrient management plan approved by the state department of health. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land owned or leased by that person in accordance with rules adopted by the department. An owner or operator of a lagoon or waste storage pond permitted by the department is exempt from this section in the spring from the time when the cover of the permitted lagoon or pond begins to melt until fourteen days after all the ice cover on the lagoon or pond has completely melted. Notwithstanding these exemptions, all persons shall manage their property and systems to minimize the impaCt of odors on their neighbors. 5. This section does not apply to chemical compounds that can be individually measured by instruments, other than a scentometer, that have been designed and proven to measure the individual chemical or chemical compound, such as hydrogen sulfide, to a reasonable degree of scientific certainty, and for which the state department of health has established a specific limitation by rule. 6. For purposes of this section, a public park is a park established by the federal government, the state, or a political subdivision of the state in the manner prescribed
Page No.9by law. For purposes of this section, a campground is a public or private area of land used exclusively for camping and open to the public for a fee on a regular or seasonal basis. 7. a. In a county that does not regulate the nature, scope, and location of an animal feeding operation under section 11-33-02, the department shall require that any new animal feeding operation permitted under chapter 61-28 be set back from any existing residence, church, school, business, public building, park, or campground. (1) If there are fewer than three hundred animal units, there is no minimum setback requirement. (2) If there are at least three hundred animal units but no more than one thousand animal units, the setback for any animal operation is one-half mile [.80 kilometer]. (3) If there are at least one thousand one animal units but no more than two thousand animal units, the setback for a hog operation is three-fourths mile [1.20 kilometers] and the setback for any other animal operation is one-half mile [.80 kilometer]. (4) If there are at least two thousand one animal units but no more than five thousand animal units, the setback for a hog operation is one mile [1.60 kilometers] and the setback for any other animal operation is three-fourths mile [1.20 kilometers]. (5) If there are five thousand one or more animal units, the setback for a hog operation is one and one-half miles [2.40 kilometers] and the setback for any other animal operation is one mile [1.60 kilometers]. b. The setbacks set forth in subdivision a do not apply if the owner or operator applying for the permit obtains an odor easement from the preexisting use that is closer. c. For purposes ofthis section: (1) One mature dairy cow, whether milking or dry, equals 1.33 animal units; (2) One dairy cow, heifer or bull, other than an animal described in paragraph 1 equals 1.0 animal unit; (3) One weaned beef animal, whether a calf, heifer, steer, or bull, equals 0.75 animal unit; (4) One cow-calf pair equals 1.0 animal unit; (5) One swine weighing fifty-five pounds [24.948 kilograms] or more equals 0.4 animal unit; (6) One swine weighing less than fifty-five pounds [24.948 kilograms] equals 0.1 animal unit; (7) One horse equals 2.0 animal units; (8) One sheep or lamb equals 0.1 animal unit; (9) One turkey equals 0.0182 animal unit; (10) One chicken, otherthan a laying hen, equals 0.008 animal unit; (11) One laying hen equals 0.012 animal unit; (12) One duck equals 0.033 animal unit; and (13) Any livestock not listed in paragraphs 1 through 12 equals 1.0 animal unit per each one thousand pounds [453.59 kilograms] whether single or combined animal weight. 8. A permitted animal feeding operation may expand its permitted capacity by twenty-five percent on one occasion without triggering a higher setback distance. 9. Neither a county nor a township may regulate or through any means impose restrictions or requirements on animal feeding operations or on other agricultural operations except as permitted under sections 11-33-02 and 58-03-11.

Page No. 10

### SECTION IV

REVISIONS TO

THE AIRPOLLUTION CONTROL RULES OF THE STATE OF NORTH DAKOTA

Appendix C ofthe PlanChapter 33-15-01 33-15-02 33-15-03 33-15-04 33-15-05 33-15-06 33-15-07 33-15-08
33-15-09
33-15-10 33-15-11 33-15-12 33-15-13 33-15-14
33-15-15 33-15-16 33-15-17 33-15-18 33-15-19 33-15-20 33-15-21 33-15-22
33-15-23 33-15-24 33-15-25

Section 33-15-01-01 33-15-01-02 33-15-01-03 33-15-01-04 33-15-01-05 33-15-01-06 33-15-01-07 33-15-01-08 33-15-01-09 33-15-01-10 ARTICLE 33-15
AIR POLLUTION CONTROL

General Provisions Ambient Air Quality Standards Restriction of Emission ofVisible Air Contaminants Open Burning Restrictions Emissions of Particulate Matter Restricted Emissions of Sulfur Compounds Restricted Control of Organic Compounds Emissions Control of Air Pollution From Vehicles and Other Internal Combustion Engines Emission of Certain Settleable Acids and Alkaline Substances Restricted [Repealed] Control of Pesticides Prevention ofAir Pollution Emergency Episodes Standards of Performance for New Stationary Sources Emission Standards for Hazardous Air Pollutants Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate Prevention of Significant Deterioration ofAir Quality Restriction of Odorous Air Contaminants Restriction of Fugitive Emissions Stack Heights Visibility Protection Control of Emissions From Oil and Gas Well Production Facilities Acid Rain Program Emissions Standards for Hazardous Air Pollutants for Source Categories Fees Standards for Lead-Based Paint Activities Regional Haze Requirements CHAPTER 33-15-01 GENERAL PROVISIONS
Purpose Scope Authority Definitions Abbreviations Entry Onto Premises

- Authority Variances Circumvention Severability Land Use Plans and Zoning Regulations 

### 1 ,.52. "Volatile organic compounds" means the definition of volatile organic compounds in 40 Code of Federal Regulations 51.1 OO(s) as it exists on January 1, 2012, which is incorporated by reference.

History: Amended effective October 1, 1987; January 1, 1989; June 1, 1990; June 1, 1992; March 1, 1994; December 1, 1994; August 1, 1995; January 1, 1996; September 1, 1997; September 1, 1998; June 1, 2001; March 1, 2003; January 1, 2007; April 1, 2009; April 1, 2011; January 1, 2013. General Authority: NDCC 23-25-03 Law Implemented: NDCC 23-25-03 33-15-01-05. Abbreviations. The abbreviations used in this article have the following meanings:PM 10 - particulate matterwith an aerodynamic diameter less than or equal to 10 micrometers

# -

3. Continuous emission monitoring system failures.

_·. The provisions ofthis subsection do not apply to sources that are subject to monitoring requirements in chapter 33-15-21. History: Amended effective October 1, 1987; January 1, 1989; June 1, 1992; September 1, 1997; January 1, 2007; April1, 2009; January 1, 2013. General Authority: NDCC 23-25-03, 23-25-04 Law Implemented: NDCC 23-25-03, 23-25-04CHAPTER 33-15-03 RESTRICTION OF EMISSION OFVISIBLE AIR CONTAMINANTS Section 

### 33-15-03-01 33-15-03-02 33-15-03-03 33-15-03-03.1 33-15-03-04 33-15-03-05 Restrictions Applicable to Existing Installations Restrictions Applicable to New Installations and All Incinerators Restrictions Applicable to Fugitive Emissions Restrictions Applicable to Flares Exceptions Method of Measurement

### 33-15-03-04. Exceptions.



### 4. [Reserved] 

## 5.

. , However, agricultural practices such as tilling of land, application offertilizers, harvesting ofcrops, and other


### 2activities shall be managed in such a manner as to minimize dustfrom becoming airborne. History: Amended effective February 1, 1982; January 1, 2013. General Authority: NDCC 23-25-03, 28-32-02 Law Implemented: NDCC 23-25-03



### 3CHAPTER 33-15-05 EMISSIONS OF PARTICULATE MATTER RESTRICTED Section 

### 33-15-05-01 33-15-05-02 33-15-05-03 33-15-05-03.1 33-15-05-03.2 33-15-05-03.3 33-15-05-04 Restriction of Emission of Particulate Matter From Industrial Processes Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating Incinerators [Repealed] Infectious Waste Incinerators [Repealed] Refuse Incinerators Other Waste Incinerators Methods of Measurement 33-15-05-01. Restriction of emission of particulate matter from industrial processes.

2. Emission limitations. No person shall cause, suffer, allow, or permit the emission of particulate matter in any one hour from any source in excess ofthe amount shown in table 3 for the process weight allocated to such source.

a. Exceptions. (1) [ReseNed]



### 1

### 33-15-05-04. Methods of measurement.3. The determination ofparticulate matter emissions with an aerodynamic diameter less than or equal to ten micrometers [PM 10] and particulate matter emissions with an aerodynamic diameter less than or equal to two and one-halfmicrometers [PM2.5] must be made in accordancewith the methods established in 40 Code of Federal Regulations, part 51, appendix M, as applicable. History: Amended effective October 1, 1987; June 1, 1992; June 1, 2001; March 1, 2003; January 1, 2013. General Authority: NDCC 23-25-03 Law Implemented: NDCC 23-25-03

11

### CHAPTER 33-15-14 DESIGNATED AIR CONTAMINANT SOURCES, PERMIT TO CONSTRUCT, MINOR SOURCE PERMIT TO OPERATE, TITLE V PERMITTO OPERATE Section 33-15-14-01 33-15-14-01.1 33-15-14-02 33-15-14-03 33-15-14-04 33-15-14-05 33-15-14-06 33-15-14-07 Designated Air Contaminant Sources Definitions Permit to Construct Minor Source Permit to Operate Permit Fees [Repealed] Common Provisions Applicable to Both Permit to Construct and Permit to Operate [Repealed] Title V Permit to Operate Source Exclusions From Title V Permit to Operate Requirements

### 33-15-14-02. Permit to construct. 

### 1. Permit to 

### construct required.

a.



### b.

c. General permits. The department may issue a general permit to construct covering numerous similar sources which are not subject to permitting requirements under chapter 33-15-13 or 33-15-15 orsubpart B ofsection 33-15-22-03. Any general permit shall comply with all requirements applicable to other permits to construct and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the department shall grant the conditions and terms of the general permit. Sources that would qualify for a general permit must apply to the department for coverage under the terms of the general permit or apply for an individual permit to construct. Without repeating the public participation procedures under subsection 6 of section



### 8

### 33-15-14-02, the department may grant a source's request for authorization to construct underthe general permit.

### 5. Reviewof

### application

- Standardforgranting permitstoconstruct.

Contaminant Annual 

### (1Jg/m3) 

### 1.0 Averaging Time (hours) 

### 24 8 3 

### (1Jg/m3) (1Jg/m3) (1Jg/m3) 

### 5 25
11

### 5 1.0

0.3 1.2 500 7.5 2000

### 13. Exemptions.

### (4) The exemptions listed in paragraphs 1, 2, and 3 do not apply to engines that are a utility unit as defined in section 33-15-21-08.1.

### CHAPTER 33-15-15 PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY Section 33-15-15-01 33-15-15-01.1 33-15-15-01.2 33-15-15-02 General Provisions [Repealed] Purpose Scope Reclassification 33-15-15-01. General provisions. Repealed effective February 1, 2005. 33-15-15-01.1. Purpose. The purpose of this chapter is to adopt by reference federal provisions forthe prevention of significant deterioration program in North Dakota. The department will continue to implement the prevention of significant deterioration program as part ofthe state implementation plan. History: Effective February 1, 2005. General Authority: NDCC 23-25-03, 23-25-04.1 Law Implemented: NDCC 23-25-03, 23-25-04.1 33-15-15-01.2. Scope. The provisions of 40 Code of Federal Regulations part 52, section 21, paragraphs (a)(2) through (e), (h) through (r), (v), (w), (aa), and (bb) as they exist on January 1, 2012, are incorporated by reference into this chapter. This includes revisions to the rules that were published as a final rule in the Federal Registerbythis date but had not been published in the Code of Federal Regulations yet. Any changes or additions to the provisions are listed below the affected paragraph. ·,**~-** .40 CFR 52.21 (d) The paragraph is deleted and replaced with the following:

40 CFR 52.21(k)(1) No concentration of a contaminant shall exceed: (1) The concentration permitted under the national primary and secol')dary ambient air quality standards. (2) The concentration permitted by the ambient air quality standards in chapter 33-15-02.

This subparagraph is deleted and replaced with the following:



### 4. i
\ 40 CFR 

### 52.21 (1)(1) (1) Any national ambient air quality standard or any standard in chapter 

### 33-15-02. This subparagraph is deleted and replaced with the following: All estimates of ambient concentrations required under this chapter shall be based on applicable air quality models, technical data bases (including quality assured air quality monitoring results), and other requirements specified in appendix w of 40 CFR 

### 51 ("guideline on air quality models" as it exists on January 

### 1, 2012) as supplemented by department guidance. Technical inputs for these models shall be**~ased** upon credible technical data approved in advance by the department. In making

· such determinations, the department shall review such

technical data to determine whether it is representative of actual source, meteorolog'ical, topographical, or local air quality circumstances

.40 CFR 52.21 (v)(2)(iv)(a) This subitem is deleted and replaced with the following: (a) Cause or contribute to a violation ofan applicable national ambient air quality standard or any ambient air quality standard in chapter 33-15-02; or

History: Effective February 1, 2005; amended effectiveApril1, 2009; April1, 2011; January 1, 2013. General Authority: NDCC 23-25-03, 23-25-04.1 Law Implemented: NDCC 23-25-03, 23-25-04.1Section 33-15-17-01
33-15-17-02 33-15-17-03
33-15-17-04 CHAPTER 33-15-17 RESTRICTION OF FUGITIVE EMISSIONS

General Provisions- Applicability and Designation ofAffected Facilities Restriction of Fugitive Particulate Emissions Reasonable Precautions for Abating and Preventing Fugitive

· Particulate Emissions Restriction of Fugitive Gaseous Emissions

33-15-17-02. Restriction of fugitive particulate emissions. No person shall emit or cause to be emitted into the ambient air from any source of fugitive emissions as specified in section 33-15-17-01 any particulate matter which:

4. Exceed the restrictions on the emission of visible air contaminants of chapter 33-15-03, at or beyond the property line ofthe source, except as provided in section 33-15-03-04.



### 15. Would have an adverse impact on visibility, as defined in chapter 33-15-19, on any class I federal area. · History: Amended effective January 1, 1996; January 1, 2007; January 1, 2013. General Authority: NDCC 23-25-03, 28-32-02 Law Implemented: NDCC 23-25-03**~ ~-·**  .. - -Section 

### 33-15-23-01 33-15-23-02 33-15-23-03 33-15-23-04 33-15-23-05 33-15-23-06 CHAPTER 33-15-23 FEES

Definitions Permit to Construct Fees Minor Source Permit to Operate Fees Major Source Permit to Operate Fees Phase I Substitution Units Oil and Gas Well Production Facilitiesc. Statements will be sent to the applicant containing the actual processing costs incurred by the department.

History: Effective August 1, 1995; amended effective January 1, 2013. General Authority: NDCC 23-25-03, 23-25-04.2 Law Implemented: NDCC 23-25-03, 23-25-04.2

1/201333-15-23-03. Minor source permit to operate fees.
1. The owner or operator of each installation subject to a permit issued under section 33-15-14-03 shall pay an annual permitfee based on the following table: Classification Designated

Other State and local government Exempt Annual Fee ($) 300

100 

### 0 0
The following criteria are used tb classify sources for determining minor source annual fees:



### 2

### 33-15-23-06. Oil and gas well production facilities. The owner or operator of an oil and gas well production facil.ity that is required to register the facility in accordance with section 33-15-20-02 shall pay a nonrefundable filing fee of one hundred fifty dollars per well. The filing fee must be submitted with the registration form. 

### History: Effective January 1, 2013. 

### General Authority: NDCC 23-25-03, 23-25-04.2 

### Law Implemented: NDCC 23-25-03, 23-25-04.2



### 5 1/2013

### SECTIONV

LEGAL OPINION OF THEATTORNEY GENERAL

AppendixD ofthe PlanSTATE OF NORTH DAKOTA 

### OFFICE OF ATTORNEY GENERAL

Wayne Stenehjem ATTORNEY GENERAL



### Mr. TerryL. O'Ciair Director Division ofAir Quality STATE CAPITOL 600 E BOULEVARD AVE DEPT 125 BISMARCK, NO 58505-0040 (701) 328-2210 FAX (701) 328-2226 www.ag.nd.gov



### OPINION
July 31, 2012

North Dakota Department of Health 918 E Divide Ave ·Bismarck, ND 58501-1947

Dear Mr. O'Ciair: 

## AUG 2012 Received

The Office of Attorney General has examined the proposed amendments to N.D.A.C. art. 33-15 concerning air pollution control, along with the notice of the proposed rules, the publication of that notice, and the filing of that notice with the Legislative Council. This office has also determined that 1) a written record ofthe agency's consideration of any comments to the proposed rules was made, 2) a regulatory analysis was issued, 3) a takings assessment was prepared, 4) a small entity regulatory analysis and an economic impact statementwere not prepared because the rules are either required by federal law, do not affect small entities, or will reduce the burden on any affected small entities, 5) a stringency justification has been prepared, and 6) the proposed rules are within the agency's statutory authority. These administrative rules are in compliance with N.D.C.C. ch. 28-32 and are hereby approved as to their legality. Upon final adoption, these rules may be filed with the Legislative Council.

eee/vkk cc: John Walstad, Legislative Council Sincerely,

# ())~ Wayne Stenehjem Attorney General