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Comments on Interstate Transport SIP
 

Bachman, Tom A.
 

to:
 

Domenico Mastrangelo
 

05113/2010 08:13 AM
 

Cc:
 

"O'Clair, Terry L."
 

Show Details
 

Domenico:
 

This email is a follow up to our telephone conversation yesterday. To my knowledge, North Dakota has
 

never included in a permit the variance language ofNDAC 33-15-01-07 or anything similar. A review
 

of recent PSD permits, minor source Pemiits to Construct, Title V Permits to Operate and Minor Source
 

Permits to Operate indicate no such language is included. As I have indicated, the variance procedures
 

are used exclusively for open burning. I have discussed this issue with Terry O'Clair, Director of the
 

Division of Air Quality, and he has indicated that no variances, other than open burning variances, have
 

been issued since he became director in 2001. I managed the permitting program from 1987 until 2000
 

and to the best of my recollection, no variances, except open burning variances, have been issued in the
 

last 15-20 years. Our records are open for anyone to review during normal working hours. NDCC 23­


25-03 .11 states "The granting of a variance is not a right of the applicant but must be at the discretion of
 

the Department". It is the position of the Department that variances will not be used to avoid permitting
 

requirements or allow violations of emissions limits. The lack of variances, as explained above,
 

indicates we have adhered to this position. Regarding the open burning variance, these are generally
 

issued for small fires that consume wood, tree branches, etc. which would use up landfill space or small
 

hydrocarbon spills which cannot be cleaned up by other methods or threaten a waterway. The bums are
 

generally completed in a few hours. Each variance contains conditions which limit the exposure of the
 

general population, promotes dispersion and protects the Federal Class I areas. Attached is a copy of the
 

conditions included in any open burning variance. Our internal discussions also indicate that we not
 

aware of ever having a complaint from a neighboring state, or a person in a neighboring state, regarding
 

open burning in North Dakota.
 

Regarding startup/shutdown/malfunction (SSM) requirements, we include the requirements ofNDAC
 

33-15-01-13 as a standard permit condition in Title 5 Permits and Permits to Construct for major
 

sources. As you know, we have revised our rules for SSM as of April 2009. Our standard condition for
 

permits has been revised to mirror the April 2009 rule revision. NDAC 33-15-01-13.1.fmakes it clear
 

that nothing in the SSM rules allows or authorizes the emission of air contaminants in excess of the rate
 

allowed by any other provision of the rules or any permit condition. Our standard permit condition
 

includes NDAC 33-15-01.13.1.f.
 

If you have any other questions, please feel free to contact me.
 

Tom Bachman 

Sr. Env. Engr. 

ND Dept. of Health 

(701) 328-5188 

file://C :\Documents and Settings\dmastran\Local Settings\Temp\notesD73 EE8\~web5351.... 5113/2010 
VARIANCE APPROVAL TO OPEN BURN 

North Dakota Department of Health 

Division of Air Quality 

SFN8510 (10-05) 

Name of Individual or Company 

Mailing Address ICity I State Zip Code 

Materials To Be Burned 

Location of Burn Site I 3 

Section Section I Township I Range County 

The North Dakota Department of Health rants the above named Indlvic ual or compan a vanance to open burn the matenals 

located at the burn site stated above. Th~ following conditions and/or restrictions shall a~ply:

TYPES AND CONDITION OF MATERIALS 

1.	 Oil, rubber, asphalt and other materials which produce unreasonable amounts of air contaminants shall not be burned. 

2.	 The material must be dry enough to burn cleanly. 

3.	 Care must be used to minimize the amount of dirt on the material being burned. 

BURN PROCEDURE 

4.	 The burning may be conducted only when meteorological conditions favor smoke dispersion and air mixing. 

5.	 The burning must be conducted in such a manner to ensure that the fire will not spread to any material not approved for 

burning. 

6.	 When burning is in progress, winds must be blowing away from any nearby city or occupied residence, and away from any 

airport or landing strip adjacent to the burn . 

7.	 When the burning is conducted near any highway or public road, jt must not be allowed to create a traffic hazard. 

8.	 The burning may not be conducted in such proximity of any Class 1 area that the ambient air quality or visibility of such area 

is adversely impacted, as defined in Chapter 33-15-19 of the North Dakota Air Pollution Control Rules. 

SUPERVISION AND NOTIFICATION 

9.	 The local/appropriate fire department must be notified at least two hours prior to burning. 

10.	 Burning activities must be attended and supervised at all times burning is in progress. 

11.	 Burning is prohibited if the fire index is in the "extreme" category as issued by the National Weather Service. Notification to 

this department is required prior to starting the burn if the fire index is in the "very high" category. 

12.	 If state or local fire officials determine conditions to be unsafe for open burning, such burning must cease until conditions are 

deemed to be safe by such officials. 

TERM OF VARIANCE 

13. The variance expires within sixty (60) days from the approval date shown below.
 

This variance shall in no way permit or authorize the maintenance of a nuisance or a danger to public health or safety.
 

This variance does not exempt or excuse the above named individual or company from the consequences, damages or injuries
 

which may result from the burning activity.
 

A copy of this variance will be sent to the county/district health unit or county sheriff's department as appropriate.
 

Approved By
 

Casey Mutzenberger	 Date 

North Dakota Department of Health 

Division of Air Quality

918 E Divide Avenue, 2nd Floor 

Bismarck, ND 58501-1947 

(701)328-5188 ,