### Page 1of 1 Comments on Interstate Transport SIP Bachman, Tom A. 

### to: Domenico Mastrangelo 05113/2010 08:13 AM Cc: "O'Clair, Terry L." ShowDetails

Domenico: This email is a follow up to ourtelephone conversationyesterday. To my knowledge, North Dakotahas never included in a permitthe variance language ofNDAC 33-15-01-07 or anything similar. A review ofrecent 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 ofthe Division ofAir Quality, and he has indicatedthatno variances, otherthan openburningvariances, have been issued since he became director in 2001. I managedthe permitting program from 1987 until 2000 and to the best ofmy recollection, no variances, exceptopenburningvariances, have been issued in the last 15-20 years. Ourrecords are open for anyone to review during normal working hours. NDCC 23­ 25-03.11 states "Thegranting ofa variance is not a right ofthe applicantbutmustbe at the discretion of the Department". It

### is the position ofthe Departmentthat variances will not be used to avoid permitting requirements or allow violations ofemissions limits. The lack ofvariances, 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 cannotbe cleaned up by othermethods or threaten a waterway. The bums are generally completed in a few hours. Each variance contains conditions which limitthe exposure ofthe general population, promotes dispersion and protects the Federal Class I areas. Attached is a copy ofthe conditions included in any open burning variance. Our internal discussions also indicatethat we not aware ofever 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 standardpermitcondition in Title 5 Permits and Permits to Construct for major sources. As you know, we have revised our rules for SSM as ofApril 2009. Our standard condition for permits has beenrevised 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 ofair contaminants in excess ofthe rate allowed by any otherprovision ofthe rules or any permit condition. Our standard permitcondition includesNDAC 33-15-01.13.1.f. Ifyou have any other questions, please feel free to contact me. Tom Bachman Sr. Env. Engr. ND Dept. ofHealth (701) 328-5188



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### 351.... 5113/2010VARIANCE APPROVAL TO OPEN BURN North Dakota Department of Health Division ofAir Quality SFN8510 (10-05)

Name of Individual orCompany

Mailing Address 

# I City 

# 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 Indlvicual 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 ofair contaminants shall not be burned. 2. The material must be dry enough to burn cleanly. 3. Care must be used to minimize the amount ofdirt 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 ofany Class 1area that the ambient airqualityorvisibility ofsuch area is adversely impacted, as defined in Chapter 33-15-19 ofthe North Dakota Air Pollution Control Rules. SUPERVISION AND NOTIFICATION 9. The local/appropriate fire department must be notified at least two hours priorto burning. 10. Burning activities must be attended and supervised at all times burning is in progress. 11. Burning is prohibited ifthe fire index is in the "extreme" category as issued bythe National Weather Service. Notification to this department is required priorto starting the burn ifthe fire index is in the "very high" category. 12. Ifstate or local fire officials determineconditions to be unsafefor open burning, such burning mustcease 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 ofa nuisance or a dangerto 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 ofthis variance will be sentto the county/district health unit or county sheriff's department as appropriate. Approved By Casey Mutzenberger Date North Dakota Department of Health Division ofAir Quality 918 E Divide Avenue, 2nd Floor Bismarck, ND 58501-1947 (701)328-5188 ,