FINAL 

Revisions to 

Implementation Plan for the Control of Air Pollution 

and 

The Air Pollution Control Rules 

of the State ofNorth Dakota 

North Dakota Department of Health 

Division of Air Quality 

Air Pollution Control Program 

918 E Divide A venue 

Bismarck, North Dakota 58501-1947 

January 2013 
Revisions to the Implementation Plan 

for the Control of Air Pollution for the 

TABLE OF CONTENTS 

State of North Dakota........................................................................................... Section I 

Hearing Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section II 

State Laws............................................................................................................. Section III 

Revisions to the Air Pollution 

Control Rules of the State of 

North Dakota......................................................................................................... Section IV 

Legal Opinion of the Attorney 

General................................................................................................................... Section V 
CHAPTER 11 

SECTION I 

FINAL 

REVISION TO THE IMPLEMENTATION PLAN 

FOR THE CONTROL OF AIR POLLUTION 

FOR THE STATE OF NORTH DAKOTA 

- SECTION 11.24, Regulation Revisions 
Chapter 11 

Section 11.24 

Regulation Revisions 

Public Hearing 

AprillO, 2012 

Chapter 23-25 of the North Dakota Century Code provides the legal authority that empowers the 

North Dakota Department of Health to implement the Air Pollution Control Law for the State of 

North Dakota. Article 33-15 "Air Pollution Control" of the North Dakota Administrative Code 

contains the rules and regulations implemented to control air pollution in the 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 

delegation procedures and the second involves rules that deal with Title V authorities in the Clean 

Air Act. 

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 3 3-15-01-04. 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 added to clarify 

the alternative monitoring requirements do not apply to 

sources that are required to comply with the Acid Rain rules. 

Restriction of Emissions of Visible 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 of Particulate Matter Restricted 

• Paragraph 33-15-05-01.2.a(l)- Removed 

• Subsection 33-15-05-04.3 - Revised to indicate PM2.s 

measurements must be made in accordance with 40 CPR 51, 

AppendixM. 

Designated Air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit to Operate 

• Subdivision 33-15-14-02.l.c- Added to allow for a General 

Permit to Construct program. 

• Subdivision 33-15-14-02.5.a Significant impact 

concentrations were revised. 

• Paragraph 3 3-15-14-02.13 .c( 4) - Revised to eliminate the 

MACT applicability criteria. 

Prevention of Significant Deterioration of Air 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 of Fugitive emissions 

• Subsection 33-15-17-02.4- A reference 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 sent before a final determination is made on 

a permit. 

• 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 section that requires a fee for oil 

and gas well registration. 

The "Revision Summary" is presented which shows all of the 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 of the 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 on the plan and rules. Reasonable notice as 

required by Title 40 of the Code ofF ederal Regulations, Section 51.102, Public Hearings, and as 

required by the North Dakota Century Code, Chapter 23-25 was given. Notice of the public 

hearing was provided by two publications in each of the official county newspapers in the State. 

The first publication occurred at least 30 days prior to the hearing. The hearing was held April 10, 

2012, at the Health Department's office located in Bismarck. In addition to the official public 

notice, a press release announcing the hearing was made available in the State's major newspapers 

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 of Class I areas 

within North Dakota; the Bureau ofNational Affairs and many interested parties listed on the State 

Department of Health Air Pollution Control mailing list, were notified of the public hearing. 

The revisions to the Implementation Plan and the amendments to the Air Pollution Control Rules 

were made available for public inspection 30 days prior to the public hearing. 

The North Dakota Department of Health submitted a draft copy of the proposed rule changes to the 

Environmental Protection Agency. Copies of the record of the hearing were furnished to the 

public upon request. 

Copies of the notice of public hearing and certification that the hearing was held in accordance 

with the notice as required by Section 51.102, Public Hearings, Title 40 of the Code of Federal 

Regulations, are included in Appendix A of this document. As required by the North Dakota 

Century Code, Chapter 23-25, the revisions to the rules were reviewed by the Air Pollution Control 

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 

of the State Attorney General that the amendments are legal, valid and have the force and effect of 

law was obtained before final adoption of the rules. The legal opinion of the Attorney General is 

included in Section V of this document and will be included in Appendix D of the original SIP 

document maintained in the Department offices. 
HEARING RECORD 

Air Pollution Control Rules Revisions 

and 

State Implementation Plan Amendments 

North Dakota Department of Health 

Air Pollution Control Program 

Hearing Date: AprillO, 2012 
Revision Summary 

Hearing Notice 

Press Release 

Affidavit of Publication 

Invoice of Publication 

Registration List of Attendees 

Hearing Transcript 

Certification of Hearing 

Response to Public Comments 

HEARING RECORD 

TABLE OF CONTENTS 
Amendments to 

North Dakota Air Pollution Control Rules 

Rule Revision Summary 

Effective January 1, 2013 

1. Chapter 33-15-01: General Provisions 

a) Page 1-8; 33-15-01-04.52 - The date for incorporation by reference of the 

definition of"volatile organic compounds" was updated to January 1, 2012. 

b) Page 1-10; 33-15-01-05- The description for the abbreviation PMw was revised 

to be consistent with that ofPM2.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 Chapter 33-15-21. 

2. Chapter 33-15-03: Restriction ofEmission ofVisible Air Contaminants 

a) Page 3-2; 33-15-03-04.4 - This subsection was 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 was added to this subsection indicating that farms must be managed in such 

a manner as to minimize dust. 

3. Chapter 33-15-05: Emissions of Particulate Matter Restricted 

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, 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 was updated 

to January 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 adopted by 

reference. 

d) Page 12-10; 33-15-12-02- A typo was corrected in Subpart JJJJ. 

5. Chapter 33-15-14: Designated Air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit to Operate 

a) Page 14-9; 33-15-14-02.1.c- A new subdivision was added which will allow the 

Department to issue General Permits to Construct. 

b) Page 14-12; 33-15-14-02.5- The significant impact concentrations were 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 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 

under the Title V program. 

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 V program until July 21, 2014. 

6. Chapter 33-15-15: Prevention of Significant Deterioration of Air Quality 

a) Page 15-1; 33-15-15-01.2- The date for incorporation by reference was updated 

to January 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) were rearranged to place them in proper alphanumeric order. 

c) Page 15-4; 40 CFR 52.21(d)- The paragraph was updated to more closely match 

the federal requirement. 

d) Page 15-5; 40 CFR 52.2l{k)(l) - The paragraph was 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 was 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. 

f) Page 15-8; 40 CFR 52.21(v)(2)(iv)(a)- This subitem was updated to more closely 

match the federal requirement. 

2 
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 was added. 

b) Page 17-2; 33-15-17-02.6- This subsection was 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 updated to 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 incorporation by 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 incorporated by 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 on the 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 subsection was deleted. 

d) Page 23-5; 33-15-23-04.11 -A subsection 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 ofinterit to Adopt 

and Amend Administrative Rules and Stat~ Implementation Plan 

Relating to Air Pollution Control 

North bakota Department of Health 

and Air Pollution Control Advisory Counoil 

· 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. · 

4th Floor Conference Rm. 

Gold Seal 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 of the proposed 

rules, full public notice; and SIP revisions may be obtained by writing. to the North Dakota 

Department of Heaith; Division of Air Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 

58501-1947 or calling (701)328-5188. Written comments maybe submitted to the above-address . . . 

from March 8, 2012 through April21, 2012. If you plan to attend the public hearing and will 

need special facilities or assistance relating to a disability, please contact the Department of Health 

at the above-address at least seven days prior to the public hearing. 

Dated this· 8th day of February 2012 . 

Terry L. O'Clair, P.E. 

Director, Division of 

Air Quality 
Full Notice of Intent to Adopt 

and Amend Administrative Rules and State Implementation Plan 

Relating to Air Pollution Control 

North Dakota Department of Health 

and Air Pollution Control Advisory Council 

will hold a 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. · 

4th Floor Conference Rm. 

Gold Seal Center 

918 E Divide Ave. 

Bismarck, ND 

Tuesday, April10, 2012 

9:00a.m. CDT 

The purpose of the 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 Air Act. Other changes provide for a General Permit to Construct, exemption from 

permitting requirements for certain small sources and other changes to be consistent with Federal 

rules. Revisions to the following rules (not the 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 of Emission of Visible Air Contaminants 

Emissions of Particulate Matter Restricted 

Permit to Construct 

Prevention of Significant Deterioration of Air Quality 

Restriction of Fugitive Emissions 

Permit to Construct Fees 

Minor Source Permit to Operate Fees 

The revisions listed above are intended to maintain compliance with the National Ambient Air 

Quality Standards; and address the Prevention of Significant Deterioration and fee requirements of 

the Federal Clean Air Act. 

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 1 Main Boiler 

2. Certification that the North Dakota SIP is adequate to meet the requirements for 

implementation of the 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 of the 1997 Ozone NAAQS. 

The alternative monitoring plan for the M.R. Young Station Unit 1 boiler addresses requirements 

in 40 CFR 51, Appendix P. The certifications address requirements in the Federal Clean Air Act 

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 Permit to 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 the New Source Performance Standards, Title V Permit to 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 of one-hundred fifty dollars is proposed for 

each oil and gas well registration. 

The rule changes are expected to have an impact on the regulated community in excess of$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 of the proposed 

rules, SIP Revisions and regulatory analysis may be obtained by writin~ to the North Dakota 

Department of Health, Division of Air Quality, 918 E Divide Avenue, 2n Floor, Bismarck, NO 

58501-1947 or calling (701)328-5188. Written comments may be submitted to the above-address 

from March 8, 2012 through April 21, 2012. If you plan to attend the public hearing and will 

need special facilities or assistance relating to a disability, please contact the Department of Health 

at the above-address at lea~t seven days prior to the public hearing. 

Dated this~ day of February 2012 . 

Terry L. O'Clair, P.E. 

Director, Division of 

Air Quality 
Abbreviated Notice of Intent to Adopt 

and Amend Administrative Rules and State Implementation Plan 

Relating to Air Pollution Control 

North Dakota Department of Health 

and Air Pollution Control Advisory Council 

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. 

4th Floor Conference Rm. 

Gold Seal Center 

918.E Divide Ave. 

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 of the proposed· 

rules, full public notice, and SIP revisions may be obtained by writing to the North Dakota 

Department of Health, Division of Air Quality, 918 E Divide Avenue, 2nd Floor, Bismarck, ND 

58501-1947 or calling (701)328-5188. Written comments maybe submitted to the above-address 

from March 8, 2012 through April21, 2012. If you plan to attend the public hearing and will 

need special facilities or assistance relating to a disability, please contact the Department of Health 

at the above-address at least seven days prior to the public hearing. 

Dated this 8th day of · February 2012. 

Terry L. O'Clair, P.E. 

Director, Division of 

Air Quality 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

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 of Air Quality 

North Dakota Air 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 Implementation Plan for the control of air pollution. 

Attached is a summary of the proposed amendments to the North Dakota Air Pollution Control 

Rules. The proposed rule changes may be viewed at the office of the 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 of the proposed rules, SIP revisions and a 

regulatory analysis may be requested by writing the Department at the above address or calling 

(70 1 )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 by the close of business on April21, 2012 will be included as part of the hearing record. 

Comments must be sent to the address listed above. 

You are invited to attend and present testimony at the hearing. 

If you have any questions, please contact Tom Bachman of my staff at (70 1 )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 

Printed on recycled paper. 

Division of 

Waste Management 

701.328.5166 

Division of 

Water Quality 

701.328.5210 
Department of Environmental Quality 

Air Quality Division 

Montana State Department of 

Health & Environmental Services 

Medcalf Building 

P.O. Box 200901 

Helena, MT 59620-0901 

Division of Air Quality 

· Minnesota Pollution Control Agency 

520 Lafayette Road 

St. Paul, MN 55155 

Tribal Chairman 

·Standing Rock Sioux Tribe 

Fort Yates, ND 58538 

Tribal Chairman 

Spirit Lake Tribe 

P.O. Box 359 

Fort Totten, ND 58335 

Administrator 

Natural Resources Program 

Environmental Regulation Division 

South Dakota Department of 

Environment and Natural Resources 

523 E Capitol A venue 

Joe Foss Building 

Pierre, SD 57501 

Tribal Chairman 

Three Affiliated Tribes 

Fort Berthold Indian Reservation 

P.O. Box460 

New Town, ND 58736 

Tribal Chairman 

Turtle Mountain Tribe 

Belcourt, ND 58316 

Mr. Kevin Fetherston 

Bureau of National Affairs 

1231 25th Street NW 

Washington, DC 2003 7 
Chief of Policy Planning & 

Permit Review Branch 

National Park Service-AIR 

P.O. Box 25287 

Denver, CO 80225 

Ms. Jackie Duarte 

Environmental Specialist 

Environment Reporter 

1231 25th Street NW, Rm 347 

Washington, DC 20037 

Ms. Sheila Crawford-Oliver 

Water Resource Unit 

Sisseton-Wahpeton Dakota Nation 

Old Agency Box 509 

Agency Village, SD 57262-0509 

Ms. Sandra Silva 

U.S. Fish & Wildlife Service 

P.O. Box 25287 

Denver, CO 80225 
5 CES/CEVC 

Atten: Air Program Manager 

320 Peacekeeper Place 

Minot AFB, ND 58705-5006 

Michael Ford 

Amerada Hess Corporation 

P.O. Box 2040 

Houston, TX 77252-2040 

Hess Corporation 

10384- 68th Street NW 

Tioga, ND 58852-9420 

Mr. Donny Worthington 

Hunt Petroleum Corp. 

P.O. Box 1350 

Houston, TX 77251-1350 

Mr. Robert L. Eriksen 

Basin Electric Power Coop. 

1717 E Interstate A venue 

Bismarck, ND 58504 

Ms. Deborah Levchak 

Basin Electric Power Coop. 

1717 E Interstate Avenue 

Bismarck, ND 58501 

Mr. Jason Charton 

Burlington Resources/Conoco Phillips 

743 Horizon Ct, Ste 101 

Grand Junction, CO 81506 

Mr. Bruce Macdonald 

ENSR Consulting 

1601 Prospect Parkway 

Ft. Collins, CO 80525-9769 

Mr. Joe Clarke 

Falkirk Mining Company 

P.O. Box 1087 

Underwood, ND 58576-1087 
Mr. Rainey J. Crawford 

Ford Motor Company 

1201 NW Briarcliff Pkwy #315 

Kansas City, MO 64116-1774 

· Hogenson Construction, Inc. 

P.O. Box 777 

West Fargo, ND 58078-0777 

Ms. Paula Koble Gores 

Dakota Westmoreland Corporation 

P.O. Box39 . 

Beulah, ND 58523-0039 

Stevan G. Dewald, PE 

Lightowler Johnson Associates 

700 Main A venue 

P.O. Box 2464 

Fargo, ND 58103 

Mr. John T. Graves 

Minnkota Power Cooperative 

P.O. Box 13200 

Grand Forks, ND 58208-3200 

Ms. Abbie Krebsbach 

Montana-Dakota Utilities Co. 

400 N Fourth Street 

Bismarck, ND 58501 

Mr. Steven D. Strege 

ND Grain Dealers Association 

Black Building, Suite 606 

118 Broadway 

Fargo, ND 58102 

Ms. Ruth Jensen 

Northern Border Pipeline COmpany 

13 710 FNB Parkway 

Omaha, NE 68154-5200 

Mr. Terry Graumann 

Otter Tail Power Company 

P.O. Box496 

Fergus Falls MN 56538-0496 
Mr. Lawrence Bender 

Pearce & Durick 

314 E Thayer A venue 

P.O. Box400 

Bismarck, ND 58502 

Safety Officer 

Radiation Safety Office 

NDSU 

Dept. 330 

P.O. Box 6050 

Fargo, ND 58108-6050 

Regulations Manager 

State Net 

2101 K Street 

Sacramento, CA 95816 

Mr. Kevin Johnson 

Env. Contaminants Specialist 

U.S. Fish & Wildlife Service 

3425 Miriam Avenue 

Bismarck, ND 58501 

Ms. Carla Trotter 

Petro-Hunt L.L.C. 

813- 123rd Avenue SW 

Killdeer, ND 58640 

Mr. David Clark 

Petro-Hunt LLC 

3900 Thanksgiving Tower 

1601 Elm Street 

Dallas, TX 75201 

Mr. Ken Tupa 

ND Association of Nurse Anesthetists 

P.O. Box 1755 

Bismarck, ND 58502 

DRC 

103Y2 S 3rd Street 

Bismarck, ND 58502 
Mr. Mark Trechock 

Dakota Resource Council 

113 W First Street 

P.O. Box 1095 

Dickinson, ND 5 8604 

Lignite Energy Council 

1016 E Owens Avenue 

Bismarck, ND 58501 

Ms. Annette Cederberg 

American Crystal Sugar Company 

1 0 1 Third Street N 

Moorhead, MN 56560 

Ms. Tina Anderson 

DEQ - Air Quality Division 

State of Wyoming 

2100 W Fifth Street 

Sheridan, WY 82801 

Environmental Staff 

WBI Holdings, Inc. 

Box 131 

Glendive, MT 59330 

Ms. Mary Jo Roth 

Great River Energy 

12300 Elm Creek Boulevard 

Maple Grove, MN 55369-4718 

Mr. M.E. Bonnickson WCK4508 

Shell Western E&P, Inc. 

P.O. Box 576 

Houston, TX 77001-0576 

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 of America 

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 with that of PM2.5• 

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 of Emission ofVisible Air 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 a manner as to minimize dust. 

3. Chapter 33-15-05: Emissions of Particulate 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 of air 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 of PM2.s be made in accordance with 40 CFR 51, Appendix M. 

4. Chapter 33-15-12: Standards of Performance 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- A typo is being corrected in Subpart JJJJ. 

5. Chapter 33-15-14: Designated Air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit to Operate 

a) Page 14-9; 33-15-14-02.1.c- A new subdivision is being added which will allow 

the Department to 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 V program. 

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 V program until July 21, 2014. 

6. Chapter 33-15-15: Prevention of Significant Deterioration of Air 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 

closely match the federal requirement. 

7. Chapter 33-15-17: Restriction of Fugitive 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 

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 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 combustion turbines are being incorporated by reference. 

10. Chapter33-15-23: Fees 

a) Page 23-2; 33.:.15-23-02.2.c- This subdivision indicates that statements of actual 

Permit to Construct processing costs will be sent. These statements can now be 

sent before a final determination is made on the 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 of HEALTH 

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 

For More Information, Contact: 

Tom Bachman, Environmental Engineer 

North Dakota Department of Health 

Division of Air Quality 

Phone: 701-328-5188 

E-mail: tbachman@nd.gov 

Air Pollution Control Advisory Council Schedules Public Hearing 

BISMARCK, ND- The North Dakota Air Pollution Control Advisory Council and the North 

Dakota Department of Health 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 of air pollution. The public hearing will be held April 10, 2012, at 9 a.m. CDT in the 

Fourth Floor Conference Room at the Gold Seal Center, 918 E. Divide Ave., Bismarck, N.D. 

The primary amendments to the North Dakota Air Pollution Control Rules include changes to the 

following: 

• Prevention of Significant Deterioration Program 

• New Source Performance Standards 

• Title V Permit to Operate Program 

• Emission Standards for Hazardous Air Pollutants 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 of Air Quality, 

North Dakota Department of Health, 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 or repeal of rules 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 archived news releases and other information, visit the North Dakota 

Department of Health Press Room at www.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 

Printed on recycled paper. 

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, under the 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 of the listed newspapers are legal newspapers in the State of North 

Dakota and, under the provisions of Section 46-05-01, NDCC, are qualified 

to publish any public notice or any 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, 2017 
Order 30257-12031NAO 

Attn: TOM BACHMAN 

North Dakota Newspaper Association 

1435 Interstate Loop· 

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 HEALTH DEPARTMENT 

600 E BOULEVARD AVE. 

DEPT.301 

BISMARCK, ND 58505-0200 

Amount Due j. 

~=========::::::: Amount Paid ._! ________ ...... Voice: 701.328.5188 Fax: 701.328.5200 

Total ·Discount (%) Page Run Date 

COUNTY 

Ashley Tribune (Ashley N 

6.00 SPR1 33.90 0.00 SIP; Control Air Poll 02/22/12 

Ashley Tribune (Ashley ND) 

6.00 SPR1 0.00 SIP; Control Air Poll 02/29/12 

Ashley Tribune (Ashley ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/07/12 

Beach Golden Valley News (Beach ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/23/12 

Beach Golden Valley News (Beach ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/01/12 

Bismarck Tribune (Bismarck NO) 

6.00. SPR1 11.45 68.70 0.00 SIP; Control Air Poll 02/22/12 

Bismarck Tribune (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'lty Tribune (Bowbells NDl · 

6.00 SPR1 6.65 33.90 0.00 SIP; Control Air Poll 02/22/12 

Bowbells Burke County Tribune (Bowbells ND) 

6.00 SPR1 6.65 33.90 0.00 SIP; Control Air Poll 02/29/12 

Bowman County Pioneer (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 

Cando Towner Co Record Herald (Cando ND) 

6.00 SPR1 5.65 33.90. 0.00 · SIP; Control Air Poll 02/25/12 

North Dakota Newspaper Association 03112/12 OneSys rhondawifliams # rhondaw Pagel 
Administrative Serv: Accounting Invoice# 30257-l2031NA0-157317 

Ad Size Rate Type Rate Total Discount f'A) Caption Page Run Date 

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 Foster Co lndepend (Carrington ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Co~trol Air Poll 02/27/12 

Carrington Foster Co 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 

Cavalier Chronicle (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 Griggs County Courier (Cooperstown NO) 

6~00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/24/12 

Cooperstown Griggs County Courier (Cooperstown ND) 

6.00 SPR1 5.65 33.90 0.00 ·siP; Control Air Poll 03/02/12 

Crosby The Journal (Crosby NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; cOntrol Air Poll 02/22/12 

Crosby The Journal (Crosby NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/29/12 

Devils Lake Dally Journal (Devils Lake NO) 

6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02/27/12 

Devils Lake Daily Journal (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 County News (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 Dickey Co Leader (Ellendale NO) 

.6.00 SPR1. 5.65 33.90 0.00 SIP; .Control Air Poll 02/23/12 

Ellendale Dickey Co 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 

Finley Steele County Press (Finley NO) 

6.00 SPR1 5.65. 33.90· 0.00 SIP; Control Air Poll 02/24/12 

Finley Steele County Press (Finley ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/02/12 

North Dakota Newspaper Association 03/12/12 OneSys rhondawilliams # rhondaw Page2 
Administrative Serv: Accounting Invoice# 30257-l2031NAO-l57317 

Ad Size Rate Type Rate Total Discount (%) Caption Page Run Date 

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 

Harvey The Herald-Press (Harvey NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02125/12 

Harvey The 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 

. Hettinger Adams Co Record (Hettinger NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02124/1Z 

Hettinger Adams 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 

Lakota American (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 Cavalier Co Republican (Langdon NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/27/12 

Langdon Cavalier Co 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 

North Dakota Newspaper Association 03/12/12 OneSys rhondawilliams # rhondaw Page3 
Admini~trative Serv: Accounting Invoice# 30257-l203lNAO-l573l7 

Ad Size Rate Type Rate Total Discount (%) Caption Page Run Date 

COUNTY 

Lisbon Ransom County Gazette (Lisbon NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/27/12 

· Lisbon Ransom County Gazette (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 County Tribune (Mayville NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/25/12 

Mayville * Tralll County Tribune (Mayville NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/03/12 

McClusky Gazette (McClusky NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Contro.l Air Poll 02/23/12 

McClusky Gazette (McClusky NO) 

6.00 SPR1 5.65 Did Not Run 0.00 SIP; Control Air Poll 03/01/12 

McClusky Gazette (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 

Milnor Sargent County Teller (Milnor NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Po.ll 02/24/12 

Milnor Sargent County Teller (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 

North Dakota Newspaper Association 03/12/12 OneSys rhondawllliams II rhondaw Page4 
Administrative Serv: Accounting Invoice# 30257-l2031NA0-157317 

Ad Size Rate Type Rate Total Discount (!'AS} Caption Page Run Date 

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 County Tribune (Rugby ND) · 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/25/12 

Rugby Pierce County Tribune (Rugby ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 03/03/12 

Stanley Mountrail 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 & Kidder Co. 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 River Journal (Towner ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02122/12 

Towner Mouse River Journal (Towner ND) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02/~9/12 

Valley City Times-Record (Valley City ND) 

6.00 SPR1 7.78 46.68 0.00 SIP; Control Air Poll 02122/12 

Valley City Times-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 City NO) 

6.00 SPR1 5.65 33.90 0.00 SIP; Control Air Poll 02122/12 

Watford City McKenzie Co Farmer (Watford City ND) 

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 Total Mise 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. 

Your payment Is due upon receipt. Thank you In advance for your prompt payment! 

North Dakota Newspaper Association 03112112 OneSys rhondawilliams II rhondaw PageS 
i. 

. i 

I 

·i, 

1~. j .. I, 

I 

i' .. 

,j' 

! 

I .. 

i 

I' 

! 

0 ~ 

ABBREVIATED 

NOTICE OF INTENT 

TO ADOPT and AMEND . 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~ . 

Attorney General's Office. . 500 N •. 9th Street · . Bismarck, NO . 

·• Wed.,"·March 28, 2012 · · · 9:00 a.m;:c:r . 

.. ·· 

Please 

· support your.·· 

, .. ; local . . . ·:; m.erchar1ts · ... · 

· Yousaidft · 

:NorthThkOiaJ .·• 't. . 

• fiOTNiNG. WORKS wKE NEWSPAPER. 

ADVERTISING. 

···~~ 

.. • .. ·.i':. ' :.:. ··::..v· 

. NOTICE OF INTENT . · ... Pii( )f,o~~:-Monty':·>>~ . TO ADOPT AND AMEND . · Where 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 

· Advisory Council . 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 of air pollution: · 

4th Floor Conference Rin. · .. Gold Seal Center 

918'E. Divide Ave . . Bismarck, NO 

Tues.,April10, 2012 

9:00 a.m.' COT 

A copy of ih_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 Department of Health, .Division· 

cif J\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, 2012 through April21, 2012. If you plan io 

· aUend the public hearing and will need special 

facilities or assistance 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 day of Febru;;try 2012. 

Terry L.-b'Ciair, P.E. 

Pi rector, Division of Alr 

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Transcript 

. Public Hearing 

Air Pollution Control Rules 

April tO, 2012 

9:00 a.m. CDT - Gold Seal Center 

I am David Schaaf and I will be acting as hearing officer for this public hearing. It is now 9:00 

a.m. on April1 0, 2012, in the North Dakota Department of Health's Fourth Floor Conference Room 

hi the Gold Seal Center. At this time, I open this 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 

Implementation Plan for the Control of Air Pollution. 

Information gathered at this hearing will be transmitted to . the Department of Health for its 

deliberation and final decision. The comments received at this hearing will be considered with any 

written comments that are received arid the Department of Health will present its consideration of 

all the comments in writing. You may request a copy of the written response and one will be 

provided to you. 

This hearing is being taped and we ask everyone to use the podium so that the tape will be of good 

quality for trailscribing purposes. Please identify yourselffor the record before you speak. 

Everyone present will be given the opportunity to speak.· ·If you· have a prepared statement, a 

written copy of your statement is appreciated and will be helpful. 

A registration sheet has been placed on the table next to the door. I ask that everyone present 

please sign this sheet and indicate if you wish to present oral testimony~ 

At this point, I call on Tom Bachman of the Department to su:mmarize the proposed changes. 

In Chapter 33-15-01: General Provisions - The date for incorporation by reference of the defmition 

of "volatile organic compounds" is being updated to January 1, 2012. In Subsection 13.3 a 

sentence is b~ing added to clarify that the alternative monitoring requirements do not apply to Acid 

Rain sources covered under Chapter 33-15-21. 

·In Chapter 33-15-03: Restriction of Emission of Visible Air Contaminants- Subsection 4.4 is being 

removed and in Subsection 4.5- Language that was previously located in Chapter 33-15-17 is being 

added to this subsection. 

In Chapter 33-15-05: Emissions of Particulate Matter Restricted -Paragraph 1.2.a(l) is being 

removed and in Subsection 4.3, this subsection is being revised to require measurements ofPM2.s be 

made in accordance with 40 CFR 51, Appendix M. 
In Chapter 33-15-12: Standards of Performance for New Stationary Sources - The date for 

incorporation by reference is being updated to January 1, 2012 and Subparts Ja and GGGa are being 

added. · 

In Chapter 33-15-14: Designated Air Contaminant Sources, P~rmit to Construct, Minor Source 

Permit to Operate, Title V Pertnit to Operate - A new subdivision is being added which will allow 

the Department to issue General Permits to 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 

being revised to provide an exemption from inclusion in the applicability calculation for the Title V 

program for carbon dioxide emissions from biomass combustion and decomposition. . ' 

Chapter 33-15-15: Prevention of Significant Deterioration of Air Quality - The date for 

incorporation by referenceis being updated to January 1, 2012. · Several changes are being made to 

more closely match federal requirements. The date for incorporation of 40 CFR 51 Appendix W is 

being updated to January 1, 2012. The reference to the North Dakota Guideline for Air Quality 

Modeling is deleted· and a reference to North Dakota guidance added. 

In Chapter 33-15-17: Restriction of Fugitive 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 being deleted. · · 

Chapter 33-15-21: Acid Rain Program- The date for incorporation by reference is being updated to 

· 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 

YYIT are being added by reference. 

Chapter 33-15-23: Fees- Subdivision 2.2.c is being revised to indicate that statements of costs 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 minor sources that operate a monitor, an ambient 

air quality monitor site, is being eliminated. Subsection 4.9 is being deleted and Subsection 4.11 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 of an oil or gas well to pay a $150 

filing fee with their 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 Implementation Plan is adequate for implementing the 1997 PM2.s and 

Ozone National Ambient Air Quality Standards and the 2008 National Ambient Air Quality 

Standard for Lead. · · · 

This completes the summary of revisions. 

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· of the information gathered at this 

hearing will be provided to the North Dakota Department of Health, 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 the North Dakota Administrative Code, Article 

33-15, Air Pollution Control and the State Implementation Plan. 

Respectfully Submitted, 

~oe.L Terry L. O'Clair 

Administrative Officer 

TLO:saj 

3 
~ NORTH DAKOTA ..,, DEPARTMENT of HEALTH 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave . 

Bismarck, NO 58501-1947 

701.328.5200 (fax} 

www.ndhealth.gov 

Certification of Public Hearing 

Re: Implementation Plan for the Control of Air Pollution 

for the State of North Dakota 

Certification: 

The undersigned certifies that the public hearing held by the North Dakota Department of Health on 

April 10, 2012, for the purpose of receiving and considering testimony and evidence bearing on the proposed 

revisions to the Implementation Plan for the Control of Air Pollution fo~ the State of North Dakota was held in 

accordance with the notice required by Section 51.102 Public Hearings of the Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans, Code of Federal Regulations, Title 40, Chapter I, 

Subchapter C, Part 51. 

Date: Aprilll, 2012 

Affidavit: 

State ofNorth Dakota 

County of Burleigh 

On the llih day of April2012 before me personally appeared Tom Bachman, who having been duly 

sworn, stated that to the best of his knowledge and belief the statements in the foregoing certification are true. 

Environmental Health 

Section Chiefs Office 

701.~28.5150 

DMslonof 

AJrQuality 

701.328.5188 

Subscribed and sworn to before me 

ShelTi A. Jahraus 

Type, Print or Stamp Name 

5~a.J~ 

North Dakota •. . ·sHERRI A. JAHRAUS 

My Commission eXPt s Netary Public 

DMsionof 

Municipal Facilities 

701.328.5211 

Printed on recycled paper. 

Slate of North Dakota 

My Commission Expires Oct. 18, 201.t 

Division of 

waste Management 

701.328.5166 

DMslooof 

Water Quality 

701.328.5210 
Response to Public Comments 

on 

Proposed Revisions 

to 

The Air Pollution Control Rules 

of the State ofNorth Dakota 

and 

State Implementation Plan 

Public Comment Period 

March 8, 2012 -April21, 2012 

North Dakota Department of Health 

Division of Air Quality 

918 E Divide Avenue, 2"d Floor 

Bismarck, ND 58501-1947 
Table of Contents 

Summary of Comments and Responses 

1. Oral Comments 

2. Written Comments on Rules 

Martin Schock Comments 

Environmental Protection Agency Comments 

And Department's Response 
1. Oral Comments 

No oral comments were received. 

2. Written Comments 

Summary of Comments 

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 of guidance, and approval of 

technical inputs used for dispersion modeling in Prevention of Significant 

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 33-15-15-0 1.2.q(2)( d), Public 

Participation. No revision is required. 

B. EPA Comments 

1. Rule Comments 

EPA urged the Department to revise several sections of Article 33-15 that 

contain "Director's Discretions." EPA provided a list of the sections in 

need of revision and indicated these sections would not be approvable if 

resubmitted without eliminating the "Director's Discretions." None of the 

sections listed by EPA were part of the proposed rule 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 

North Dakota Department of Health 

Division of Air Quality 

918 East Divide Avenue, 2nd Floor 

Bismarck, ND 58501-1947 

Comments on Proposed Changes to Air Pollution Control Rules per Notice of Proposed Rule 

Making dated February 8, 2012. 

Gentlepersons: 

The NDDH, DAQ, (hereafter DAQ) proposes a change to NDAC 33-33-15-01.2 relating to 40 

CFR 52.21(1){1), which reads as follows: 

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 July 2, 2010 January 1, 2012) as supplemented hy the "North Dakota gW.deline for 

air qaality mo~ling ~yses." as supplemented by department guidance. These docllm.eBts are 

incorporated, by refer~e .. T~cJwj.caf4J.pnts for these models shall be based upon credible 

techrllcal data approved m:'advance by' the department. In making such determinations, the 

department shall review such technical data to determine whether it is representative of actual 

.. · : . · .. souice;:riieteorological, topographical, or local air quality circumstances. . 

the Federal CAA requires that the U.S. EPA provide, through rule making, for public review 

and comment on its Guideline on Air Quality Models. DAQ guidance that supplements any EPA 

guidance and DAQ' s interpretations of any EPA guidance, whether written or unwritten, 

represents and implements DAQ adniinistrative and technical discretion that can impact 

modeling outcome. The above NDAC required DAQ advance approval of technical inputs is 

also an application of discretion that can impact modeling outcome. During the past decade, 

modeling outcome has, in turn, impacted determinations of compliance with NAAQS, SILs, PSD 

increments, and visibility thresholds. 

Any supplemental DAQ guidance and DAQ's interpretation of any EPAguidance apparently are 

administrative and technical policies as well as acts of discretion and, thus, must be explained, 

justified and presented for public review and comment either in advance of permitting actions or 

as attachments to proposed permitting actions. Similarly, all advance approvals of technical 

inputs must be fully documented, explained and provided for public review. (See also the DAQ 

adopted policy in 2005 relating to a CALMET and CALPUFF protocol.) The above NDAC 

paragraph should be amended to require the DAQ to give notice and provide for public review its 

guidance, interpretations ofguidance, and approvals of technical inputs. .. . ,._ .. 

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 

Division of Air Quality 

Environmental Health Section 

North Dakota Department of Health 

918 East Divide A venue 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

APR 2 0 2012 

Bismarck, North Dakota 58501-1947 

Dear Mr. O'Clair: 

RE: EPA Comments for Apri110, 2012 Public Hearing 

on Proposed Revisions to the North Dakota Air 

Pollution Control Rules and State Implementation 

Plan 

The EPA has completed a preliminary review of the draft revisions to the North Dakota State 

Implementation Plan (SIP) and Air Pollution Control Rules, as submitted by you with a letter 

dated February 14, 2012. Our comments and questions are detailed in Enclosure 1 to 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 Permit to Operate 

Acid Rain Program 

Emission Standards for Hazardous Air Pollutants for 

Source Categories 

Major Source Permit to Operate Fees (Title V Fees) 

A written response to the EPA's comments, and all other comments received, is required to meet 

the completeness criteria outlined in 40 CFR part 51, appendix V and must be included in the 

formal Governor's submittal of the revisions to the SIP once they are finalized. We will only 

come to a final conclusion regarding the adequacy of these North Dakota SIP revisions when we 

act on them through our own public notice and comment rulemaking. 
We appreciate the opportunity to provide comments for your public hearing record. If you 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):; 

Air 

Carl 

Program 

Daly, Directo~ 

2 
ENCLOSURE 1 

EPA Comments for 

North Dakota's April10, 2012 Public Hearing 

Director's Discretion Language 

We note and appreciate that you have addressed our previous Director's discretion concerns under 

sections 33-15-03-04.4 and 33-15-05.01.2.a(l). Other concerns, including Director's discretion issues, 

that we have previously commented about in parts of Chapter 33-15 of the North Dakota Administrative 

Code still remain and are detailed below. It appears that the State is not proposing to revise those parts in 

this action. However, if the 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 prior to 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 effective upon department approval. Under the Clean Air Act, no variance should 

be effective until EPA approves it as a State Implementation Plan (SIP) revision pursuant to 

section 110 of the Clean Air Act. 

2. 33-15-01-14. Time Schedule for Compliance. The language, "except as otherwise specified" 

creates the problematic Director's discretion in this provision. 

Chapter 33-15-03, Restriction of Emission of Visible Air Contaminants 

3. 33-15-03.03. Restrictions application to fugitive emissions. The Director's discretion language 

of concern in this section is, " ... as determined or identified by the department ... " 

Chapter 33-15-05, Emissions of Particulate Matter Restricted 

4. 33-15-05-01.2.a.(3) Emission limitations. This section includes a cross-reference to section 

33-15-05-04 which includes Director's discretion concerns as noted further below. 

5. 33-15-05-02.2.f. Emission limitations. This section includes the language, "new or 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. New trash incinerators (Design). This section includes the language, 

" ... department may approve an alternate design ... " Performance requirements are not specific . 

enough to ensure that the "alternate design" would provide an equivalent to the requirement for a 

primary combustion chamber or zone which provides complete combustion of solid 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 of such alternative 

procedures for approval by the Administrator. Some examples of situations 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 of part 60, but adequately demonstrate 

a definite and consistent relationship between their measurements and the opacity measurements 

of a system complying with the requirements in Performance Specification 1. The State may 

require that such demonstration be performed for each affected facility." 

Similarly, section 6.0 describes conditions and requirements for the establishment ofalternative 

monitoring requirements and states that, "when the State exempts any source subject to this appendix by 

:use of this provision from installing continuous emission monitoring systems, the State shall set forth 

alternative emission monitoring and reporting requirements ... to satisfy the intent of these regulations." 

According to North Dakota's analysis, the compliailce assurance monitoring (CAM) plan forM. R. 

Young Station Unit 1 indicates that a filterable PM emission rate of 0.062 lb/MMBtueorresponds to 

20% opacity. We reviewed the CAM plan for this unit and the opacity andcorresponding PM test data 

provided therein. 

Based on our.analysisi we are concerned thatthe 0.062 lb/MMBtu (lQ:.minute average) PM emissio·n 

limit may sometimes correspond to an opacity value greater than20%. We note that the data in the 

CAM plan, while reflecting a "definite and consistent relationship" between PM measurements and 

opacity measurements, consist of a limited number of data points and reflect some variability in the 

correlation between PM and opacity values; i.e:, sometimes opacity increased as PM levels decreased. 

While this variability occurred within a narrow range, we are concerned that the proposed PM limit of 

0.062 lb/MMBtu lacks a sufficient safety margin to assure compliance with the opacity limit. A more 

detailed explanation of our analysis is provided in a separate comment section below. 

Based on the available data, we suggest that 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 our understanding that historical PM emissions have 

been well below this level. 

The State has indicated in past discussions that it believes that lowering the emission limit for the 

monitoring requirement will effectively make the opacity limit more stringent which is not its intent. 

The State has also pointed out in discussions that EPA Region 8 's compliance staff has approved PM 

CEMS for meeting opacity requirements under NSPS and that including the 0.062 limit for the SIP 

revision improves upon the NSPS 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 of monitoring methods and compliance with the 

3 
EPA Analysis ofMilton R. Young Station Unit 1, Compliance Assurance Monitoring Plan Test Data 

Stack Opacity Compared to Total Particulate 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 

R2 =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 

Appendix B of the Plan 
CHAPTER 23-25 

AIR POLLUTION CONTROL 

23-25-01. Definitions. 

For purposes of this 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] or three 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 of air 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 of air 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 of this state, any other state or political subdivision or agency thereof, and 

any legal successor, representative agency, or agency of the 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 of the people, and to facilitate the enjoyment of the natural attractions of this 

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 of this chapter. 

Page No.1 
2. 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 of the 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 of their 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 of the 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 of any 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 of this chapter and may make recommendations on its own initiative to the 

department concerning the administration of this chapter. 

23-25-03. Power and duties of the department. 

The department shall: 

1. Encourage the voluntary cooperation of persons or affected groups to achieve the 

purposes of this 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 of this 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.2 
9. Hold hearings relating to any aspect or matter in the administration of this 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 of the 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 of the 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.3 
6. To establish indoor environmental nonoccupational air quality standards for asbestos. 

7. To adopt and enforce rules as necessary for the implementation of this 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 Air Act, 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 if the 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 of the benefits and costs of the rule and of the 

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 of toxicity, 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 of the 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.5 
23-01-04.1. 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 of this 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 of air 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 or to any designated area of the 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 of filing 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.6 
23-25-05. Right of onsite 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 of this 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 of any 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 under this 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 of the 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.7 
the 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 prior to 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 per violation, 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 per violation. 

5. Without prior revocation of any pertinent permits, the department, in accordance with 

the laws of this 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 of this chapter or any permit condition, rule, order, limitation, 

or other applicable requirement implementing this chapter. 

23-25-11. Regulation of odors- 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] of the property 

boundary of the 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.8 
measure seven odor concentration units or higher as measured at any of the 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] of the source of the odor after the source of the 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. If a 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 if the 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, 

after the 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.9 
by 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 of this 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, other than 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 AIR POLLUTION CONTROL RULES 

OF THE STATE OF NORTH DAKOTA 

Appendix C of the Plan 
Chapter 

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 

33-15-0 1-1 0 

ARTICLE 33-15 

AIR POLLUTION CONTROL 

General Provisions 

Ambient Air Quality Standards 

Restriction of Emission of Visible 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 of Air 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 of Air 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: 
PM10 - particulate matter with an aerodynamic diameter less than or equal 

to 1 0 micrometers 
-

3. Continuous emission monitoring system failures. _ 
· . The provisions of this 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, 23-25-04 
CHAPTER 33-15-03 

RESTRICTION OF EMISSION OF VISIBLE 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 of fertilizers, harvesting of crops, and other 

2 
activities shall be managed in such a manner as to minimize dust from 

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 

3 
CHAPTER 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 of the 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 of particulate matter emissions with an aerodynamic 

diameter less than or equal to ten micrometers [PM10] and particulate 

matter emissions with an aerodynamic diameter less than or equal to 

two and one-half micrometers [PM2.

5] must be made in accordance with 

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 PERMIT TO 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 or subpart B of section 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 under the general permit. 
5. Review of application - Standard for granting permits to construct. 

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 for the prevention of significant deterioration program 

in North Dakota. The department will continue to implement the prevention of 

significant deterioration program as part of the 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 Register by this 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 of an applicable 

national ambient air quality standard or any 

ambient air quality standard in chapter 33-15-02; 

or 

History: Effective February 1, 2005; amended effective April1, 2009; April1, 2011; 

January 1, 2013. 

General Authority: NDCC 23-25-03, 23-25-04.1 

Law Implemented: NDCC 23-25-03, 23-25-04.1 
Section 

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 of Affected 

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 of the source, except 

as provided in section 33-15-03-04. 

1 
5. 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 Facilities 
c. 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 

1/2013 

33-15-23-03. 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 permit fee 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 THE ATTORNEY GENERAL 

Appendix D of the Plan 
STATE OF NORTH DAKOTA 

OFFICE OF ATTORNEY GENERAL 

Wayne Stenehjem 

ATTORNEY GENERAL 

Mr. TerryL. O'Ciair 

Director 

Division of Air 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 of the 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 statement were 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