~ NORTH DAKOTA , DEPARTMENT of H EALTH 

April 18, 2011 

Mr. James B. Martin 

Regional Administrator 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: SIP Revision 

Dear Mr. Martin: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www. ndhea lth. gov 

Accompanying this letter is a letter from Governor Dalrymple to Administrator Jackson formally 

submitting revisions to the North Dakota State Implementation Plant for the Control of Air 

Pollution. The SIP revision addresses the new Ambient Air Quality Standards for sulfur dioxide, 

nitrogen dioxide and lead as well as revisions to several chapters of the North Dakota Air 

Pollution Control Rules that are part of the SIP. Specific changes are addressed in the summary 

included in the SIP submittal. 

Also enclosed is a revision to the North Dakota Section lll(d) Plan for 

hospital/medical/infectious waste incinerators. The revision updates the regulatory requirements 

to match 40 CFR 60, Subpart Ce. 

If your staff has any questions about the revisions, please have them contact Tom Bachman of 

my staff at (701) 328-5188. 

Sincerely, 

~0~ Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:saj 

Enc: 

xc/enc: Gail Fallon, EPA, Region 8 

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 
--State of 

North Dakota 

Office of the Governor 

Jack Dalrymple 

Governor 

Lisa Jackson, Administrator 

April14, 2011 

c/o James B. Martin, Regional Administrator 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Administrator Jackson: 

I am submitting to the Environmental Protection Agency for approval five 

copies of revisions to the State Implementation Plan for the Control of Air Pollution 

for the State of North Dakota. The State Health Department held a hearing on 

August 19,2010, received testimony concerning the amendments to the Air Pollution 

Control Rules and changes to the State Implementation Plan. Consideration has been 

given to the testimony as well as written comments received during the public 

comment period. A copy of the hearing record is incorporated with the revisions. 

Also, enclosed is a revision to the North Dakota 111 (d) Plan for 

hospital/medical/infectious waste incinerators. 

If you have any questions concerning the revisions, please feel free to contact 

the Division of Air Quality of the North Dakota Department of Health at 

(701) 328-5188. 

C: Terry O'Clair, NDDH 

37:67:56 

Sincerely, 

c~t,ut/W/JJJ 

Dalrymple 7/' r - Governor 

600 E Boulevard Ave • Bismclrck, ND 58505-0001 • Phone: 701.328.2200 • Fax: 701328.2205 • www.nd.gov 
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 Avenue 

Bismarck, North Dakota 58501-1947 

April 2011 
Revisions to the Implementation Plan 

for the Control of Air Pollution for the 

TABLE OF CONTENTS 

State ofNorth 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 11.23, Regulation Revisions 
Chapter 11 

Section 11.23 

Regulation Revisions 

Public Hearing 

August 19, 2010 

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

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

ofNorth 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 revisi<;>ns to the State Implementation 

Plan: 

33-15-01 

33-15-02 

33-15-14 

33-15-15 

General Provisions 

• Section 33-15-01-04. Definitions- Definition of "volatile 

organic compounds" 

Ambient Air Quality Standards 

• 33-15-02-04.1. Particulates and Gases 

• 33-15-02-07. Concentrations of Air Contaminants in the 

Ambient Air Restricted 

• Table 1. Ambient Air Quality Standards 

• Table 2. National Ambient Air Quality Standards 

Designated Air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V Permit to Operate 

• 33-15-14-01.9, 10, 12 and 15 

• 33-15-14-02.1 

• 33-15-14-02.13 

• 33-15-14-03.l.c 

Prevention of Significant Deterioration of Air Quality 

• 33-15-15-01.2 Scope 

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 ofthe Plan 
SUMMARY OF PROCEEDINGS 

The North Dakota Department of Health, prior to revising the Implementation Plan and Air 

Pollution Control Rules, conducted a public hearing on the plan and rules. Reasonable notice as 

required by Title 40 of the Code ofF ederal Regulations, Section 51.1 02, 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 

August 19, 2010, 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 ofF ederal 

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 and any recommendations considered by the North Dakota State Health 

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: August 19, 2010 
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 

Effective April 1, 20 11 

04/04/11 

Chapter 33-15-01 - General Provisions was updated to change the date of incorporation by 

reference of the definition of volatile organic compounds to July 2, 2010. 

Chapter 33-15-02 - Ambient Air Quality Standards were revised to include the new Federal 1-

hour Ambient Air Quality Standard for nitrogen dioxide and sulfur dioxide, and the revised 

standard for lead. No longer applicable language in Sections 2 and 7, was deleted. 

Chapter 33-15-12- Standards of Performance for New Stationary Sources was revised to change 

the date for incorporation by reference to July 2, 2010. In Section 2, Subpart Ce was revised to 

delete a past compliance date and to incorporate changes made by EPA in the October 6, 2009 

Federal Register. New Federal Subparts IIII and JJJJ for stationary internal combustion engines 

were incorporated by reference. 

Chapter 33-15-13- Emission Standards for Hazardous Air Pollutants was revised to change the 

date of incorporation by reference to July 2, 2010. 

In Chapter 33-15-14- Designated Air Contaminant Sources, Permit to Construct, Minor Source 

Permit to Operate, Title V Permit to Operate - section 1 was revised to: 1) indicate that only 

sources that are subject to a New Source Performance Standard (NSPS) which the State has 

adopted in Chapter 12 is a designated source category; 2) that only sources that are subject to a 

National Emission Standard for Hazardous Air Pollutants (NESHAP) which the State has 

adopted into Chapter 13 is a designated source category; 3) to clarify that any source that causes 

or contributes to a violation of a State Ambient Air Quality Standard or violates any other 

provision of Chapter 2 is a designated source category; and 4) to indicate that only stationary 

sources that are subject to a federal requirement is a designated source category. 

Section 2 was revised to eliminate the requirement that all owners or operators of sources subject 

to an NSPS are required to obtain a Permit to Construct and to eliminate the condition for 

exemption from the permitting requirements that no NSPS or NESHAP apply. 

Section 3 was revised to eliminate out-of-date requirements for Title V sources. 

Section 6 was revised to incorporate EPA's Flexible Operating Permit requirements and the 

Tailoring rule for greenhouse gases. 

Section 10 was revised to update the date for incorporation by reference to July 2, 2010. 

/ 
Chapter 33-15-15- Prevention of Significant Deterioration of Air Quality was revised to change 

the date for incorporation by reference to July 2, 2010. The date for incorporating 40 CFR 51, v 

Appendix W was revised to July 2, 2010. Other changes were made to make 40 CFR 52.21 

compatible for incorporation by reference. 

Chapter 33-15-21 -Acid Rain Program Sections 8.1, 9 and 10 were revised to change the date 

for incorporation by reference to July 2, 2010. 

Chapter 33-15-22 -Emission Standards for Hazardous Air Pollutants for Source Categories was 

revised to change the date for incorporation by reference to July 2, 2010 and Subpart ZZZZ for 

stationary reciprocating engines at major sources was added. 
Abbreviated Notice of Intent to Adopt 

and Amend Administrative Rules 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 3 3-15 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 

Thurs., Aug. 19,2010 

9:00 a.m. CDT 

A copy of the proposed rules may be viewed at the Department's website at: 

www.ndheath.gov/EHS/PublicNotices.aspx. A copy of the proposed rules may be obtained by 

writing to the North Dakota Department of Health, Division of Air Quality, 918 E Divide Avenue, 

2"d Floor, Bismarck, ND 58501-194 7 or calling (70 1 )328-5188. Written comments may be 

submitted to the above-address from July27, 2010 through August30, 2010. 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 28th day of June 201 0 

Terry L. O'Clair, P.E. 

Director, Division of 

Air Quality 
~~ NORTH DAKOTA 

~" DEPARTMENT of HEALTH 

June 30, 2010 

Ms. Callie Videtich (SP-AR) 

Chief, Air Programs Branch 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Ms. Videtich: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

Please find enclosed five copies of the proposed changes to the North Dakota Air Pollution Control Rules. 

Changes to the following rules will be submitted as revisions to the State Implementation Plan: 

Chapter 33-15-01-

Chapter 33-15-02 -

Sections 33-15-14-01, 02 and 03 -

Chapter 33-15-15-

General Provisions 

Ambient Air Quality Standards 

Designated air Contaminant Sources, Permit to Construct, Minor 

Source Permit to Operate 

Prevention of Significant Deterioration 

Changes to the following rules will be submitted as a request for direct delegation: 

Chapter 33-15-12 -

Chapter 33-15-13 -

Section 33-15-14-06 -

Chapter 33-15-21 -

Chapter 33-15-22 -

Standards for Performance for New Stationary Sources 

Emissions Standards for Hazardol!S Air Pollutants 

Title V Permit to Operate 

Acid Rain Program 

Emission Standards for Hazardous Air Pollutants for Source 

Categories 

We are providing these documents to you so that your staff can review them and provide comments during the 

public comment period. The public comment period is scheduled from July 27 through August 30, 2010. A 

public hearing regarding the proposed rule changes is scheduled for August I 9, 20 I 0 at the Department's 4th 

Floor conference room at 9\8 E. Divide Ave., Bismarck, ND at 9:00a.m. CDT. 

If you have any questions, please feel free to contact me or Tom Bachman of my staff at (701)328-5188. 

r?~o~ Terry L. O'Ciair, P.E. 

Director 

Division of Air Quality 

TLOffB:csc 

Enc: 

xc: Gail Fallon, EPA Region 8 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 7, 2010 

Division of Air Quality 

Minnesota Pollution Control Agency 

520 Lafayette Road 

St. Paul, MN 55155 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax} 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, / 

7 a&.vt 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 7, 2010 

Mr. John Bunyak 

Chief of Policy Planning & 

Permit Review Branch 

National Park Service-AIR 

P.O. Box 25287 

Denver, CO 80225 

DearM~~ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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 and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, e:L 

ot 

Terry L. 

~ O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July7,2010 

Ms. Sheila Crawford-Oliver 

Water Resource Unit 

Sisseton-Wahpeton Dakota Nation 

Old Agency Box 509 

Agency Village, SO 57262-0509 

Dear Ms. Crawford-Oliver: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~od Terry ~r, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

Environmental Health 

Section Chiefs Office 

701.328.5150 

Division of 

Air Quality 

701.328.5ffi8 

· 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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 7, 2010 

Tribal Chairman 

Turtle Mountain Tribe 

Belcourt, NO 58316 

Dear Tribal Chairman: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 20 1 0. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 7, 2010 

Tribal Chainnan 

Three Affiliated Tribes 

Fort Berthold Indian Reservation 

P.O. Box 460 

New Town, ND 58736 

Dear Tribal Chainnan: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

lfyou have any questions, please contact Tom Bachman of my staff at (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July7,2010 

Tribal Chairman 

Spirit Lake Tribe 

P.O. Box 359 

Fort Totten, ND 58335 

Dear Tribal Chairman: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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, NO or at the Department's website at 

www.ndhealth.gov!EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 7, 2010 

Tribal Chainnan 

Standing Rock Sioux Tribe 

Fort Yates, ND 58538 

Dear Tribal Chairman: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth .gov 

FIL 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 will be included as part ofthe 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 7, 2010 

Ms. Sandra Silva 

U.S. Fish & Wildlife Service 

P.O. Box 25287 

Denver, CO 80225 

De~~ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

IL.·.·· .. ,E 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July7,2010 

Department of Environmental Quality 

Air Quality Division 

Montana State Department of 

Health & Environmental Services 

Medcalf Building 

P.O. Box 200901 

Helena, MT 59620-0901 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, ~ 

--------Te~air,P.E Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 7, 2010 

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 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Gail Fallon (8P-AR) 

U.S. EPA- Region VIII 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Ms. Fallon: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax} 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July6,2010 

Ms. Tina Anderson 

DEQ- Air Quality Division 

State of Wyoming 

1866 S. Sheridan Ave. 

Sheridan, WY 82801-6136 

Dear~:~4._ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

1 

/ 

--~oC-kq 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Kevin Johnson 

Env. Contaminants Specialist 

U.S. Fish & Wildlife Service 

3425 Miriam Avenue 

Bismarck, NO 58501-7926 

Dear Mr. Johnson: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Ken Tupa 

ND Association of Nurse Anesthetists 

P.D. Box 2264 

Bismarck, ND 58502-2264 

Dear Mr. Tupa: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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.ndhecilth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 3 0, 201 0 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. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Ruth Jensen 

N orthem Border Pipeline Company 

13 710 FNB Parkway 

Omaha, NE 68154-5200 

Dear Ms. Jensen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth .gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

------8-i-n~ oe4 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 6, 2010 

Mr. M.E. Bonnickson WCK4508 

Shell Western E&P, Inc. 

P.O. Box 576 

Houston, TX 77001-0576 

Dear Mr. Bonnickson: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701 )328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Mary Jo Roth 

Great River Energy 

12300 Elm Creek Boulevard 

Maple Grove, MN 55369-4718 

Dear~$~So 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

F!L 

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 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

1 

/ 

--~0~ Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July6,2010 

Environmental Staff 

WBI Holdings, Inc. 

Box 131 

Glendive, MT 59330 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~ad Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Lignite Energy Council 

1016 E. Owens Ave. 

Bismarck, ND 58501 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Environmental Manager 

American Crystal Sugar 

1 0 1 Third Street N 

Moorhead, MN 56560 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, N D 58501-194 7 

701.328.5200 (fax) 

www.ndhealth.gov 

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

Rules. The proposed rule changes may be viewed at the office of the North Dakota Department 

of Health, 918 E. Divide Ave., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Mark Trechock 

Dakota Resource Council 

113 W. First Street 

P.O. Box 1095 

Dickinson, NO 5 8604 

Dear~:4JENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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 and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Ifyou have any questions, please contact Tom Bachman of my staff at (701)328-5188 . 

.---S-i-nc-e~ acL 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

DRC 

103Y2 S 3rd Street 

Bismarck, NO 58502 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 20 10 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA ~ DEPARTMENT of HEALTH 

July 6, 2010 

Mr. David Clark 

Petro-Hunt LLC 

3900 Thanksgiving Tower 

1601 Elm Street 

Dallas, TX 75201 

Dear Mr. Clark: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~~ NORTH DAKOTA ~~ DEPARTMENT of HEALTH 

July6,2010 

Mr. Rodney Krogh 

Plant Manager 

Petro-Hunt L.L.C. 

813- 123rd Avenue SW 

Killdeer, ND 5 8640 

Dear Mr. Krogh: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth .gov 

FILE 

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 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, c4 

C)/ . 

-~ Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Victoria Parker Christensen 

U.S. EPA- Region VIII (8P-AR) 

1595 Wynkoop Street 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

Denver, CO 80202-1129 

Dear M~en: );},~ 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 testimon~ at the hearing. 

If you have any questions, please contact Tom Bachman of my staff at (701)328-5188. 

-----Sinre~~ 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July6,2010 

Regulations Manager 

State Net 

21 0 1 K Street 

Sacramento, CA 95816 

Ladies and Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701 )328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 6, 2010 

Safety Officer 

Radiation Safety Office 

NDSU 

P.O. Box 5569 

Fargo, NO 58105 

Ladies and Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~0~ Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
d NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Lawrence Bender 

Pearce & Durick 

314 E Thayer Avenue 

P.O. Box 400 

Bismarck, ND 58502 

Dear~~~~ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 {fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Terry Graumann 

Otter Tail Power Company 

P.O. Box 496 

Fergus Falls MN 56538-0496 

Dear~~ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FIL 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Steven D. Strege 

ND Grain Dealers Association 

Black Building, Suite 606 

118 Broadway 

Fargo, ND 58102 

Dear Mr. Strege: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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 and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

----~ad Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Abbie Krebsbach 

Montana-Dakota Utilities Co. 

400 N Fourth Street 

Bismarck, NO 58501 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

----8-in_c.-e~d 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA 

' DEPARTMENT of HEALTH 

July 6, 2010 

Mr. John T. Graves 

Minnkota Power Cooperative 

P.O. Box 13200 

Grand Forks, ND 58208-3200 

Dear~:::;;;ft,J 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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. 

_____ s~_·n_re~ d 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Stevan G. Dewald, PE 

Lightowler Johnson Associates 

700 Main Avenue 

P.O. Box 2464 

Fargo, ND 58103 

Dear Mr. Dewald: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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 ang a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 Bachinan of my staff at (70 1 )328-5188. 

~~ Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July6,2010 

Ms. Paula Koble Gores 

Dakota Westmoreland Corporation 

P.O. Box 39 

Beulah, ND 58523-0039 

Dear Ms. Koble Gores: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth .gov 

FILE 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 ofmy staff at (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July6,2010 

Hogenson Construction, Inc. 

P.O. Box 777 

West Fargo, NO 58078-0777 

Ladies and Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701 )328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 ofmy staff at (701)328-5188. 

~d Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Rainey J. Crawford 

Ford Motor Company 

120 1 NW Briarcliff Pkwy #315 

Kansas City, MO 64116-1774 

Dear Mr. Crawford: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Robert Nolan 

Exxon Company USA 

P.O. Box 2180, Room 4215 

Houston, TX 77252-2180 

Dear Mr. Nolan: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 3 0, 20 10 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 (701)328-5188. 

Sincerely, 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~ NORTH DAKOTA , DEPARTMENT of HEALTH 

July 6, 2010 

Mr. D. Randall Crooke 

Falkirk Mining Company 

2801 First Street SE 

Underwood, ND 58576-1087 

Dear ~e: /arl7 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 20 10 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. 

~d Terry~r, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Bruce Macdonald 

ENSR Consulting 

1601 Prospect Parkway 

Ft. Collins, CO 80525-9769 

Dear Mr. Macdonald: 

I ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

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 and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~-7d Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Ms. Donna Bauer Owen 

EHS Manager 

Burlington Resources 

P.O. Box 51810 

Midland, TX 7971 0-181 0 

Dear Ms. Bauer Owen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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, NO or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

;:;~ad Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July6,2010 

Ms. Deborah Levchak 

Basin Electric Power Coop. 

1 71 7 E Interstate A venue 

Bismarck, ND 58501 

Dear tvt.~: P~.b 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

. . -~·~; 

..:-;~ ' ·"";;.~ ... 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

;:;-7CJC!L 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Robert L. Ericksen 

Basin Electric Power Coop. 

171 7 E Interstate A venue 

Bismarck, ND 58504 

Dear~n:~ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FlLE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~od Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July6,2010 

Mr. Donny Worthington 

Hunt Petroleum Corp. 

P.O. Box 1350 

Houston, TX 77251-1350 

Dear Mr. Worthington: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~_;od Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Mr. Michael Ford 

Amerada Hess Corporation 

P.O. Box 2040 

Houston, TX 77252-2040 

Dear.~ /Y/{b_ 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

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 and a regulatory 

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

(701)328-5188. 

Also included is a notice announcing a public hearing that will held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

Sincerely, 

~~od Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

Amerada Hess Corporation 

113 Fourth Street E 

Williston, ND 58801-5438 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, ND 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FIL .

.. ".' 

.· E 

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 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19,2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

~~cL Terry L. O'Clair, P .E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
NORTH DAKOTA 

DEPARTMENT of HEALTH 

July 6, 2010 

5 CES/CEVC 

Atten: Air Program Manager 

320 Peacekeeper Place 

Minot AFB, ND 58705-5006 

Ladies/Gentlemen: 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

F!L 

OOlllllllllillllAttached 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., 2nd Floor, Bismarck, ND or at the Department's website at 

www.ndhealth.gov/EHS/PublicNotices.aspx. A copy of the proposed rules 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 held to consider testimony 

regarding the proposed changes. The hearing is scheduled for August 19, 2010. The Department 

welcomes any comments you or your staff may have regarding the revisions. All comments 

received by August 30, 2010 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 (701)328-5188. 

-Since;, ~ 

(__/~. 

Terry L. O'Clair, P.E. 

Director 

Division of Air Quality 

TLO/TB:csc 

Enc: 

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 
~~ NORTH DAKOTA ~ DEPARTMENT~[ HEALTH 

For Immediate Release: 

Aug. 16, 2010 

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: t_gpcJ!ID~\l}(£!:,1_1c_l,gg_y 

Air Pollution Control Advisory Council Schedules Public Hearing 

BISMARCK, N.D.- 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 Air Pollution Control Rules and State Implementation Plan for the control of 

air pollution. The public hearing will be held Aug. 19, 2010, at 9 a.m. COT 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 

• Ambient air quality standards 

• Title V Permit to Operate Program 

The public also may submit written comments about the changes by Aug. 30, 2010. 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 ):1'Wl1'_nddo}_jjJressroom.gm·. 

600 E. Boulevard Ave. Dept. 301, Bismarck, North Dakota 58505-0200 

Phone: 701.328.2372 Fax: 701.328.4727 E-mail: hca lthi(i,:rtd.gov 

Visit the health department home page at www.ndhealtlt.gm·. 
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: 

ND Health Department- Air Pollution Control Administrative Rules; 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. 

LINDA J. JUDD 

4 Notary Public 

• State of North Dakota 

~ My Commission Expires July 9, 2014 ~ 
Order 28075-10075NDO 

Attn: TOM BACHMAN 

North Dakota Newspaper Association 

1435 Interstate Loop 

Bismarck, ND 58503-0567 

Ph (701) 223-6397 • Fax (701) 223-8185 

INVOICE 

Invoice# 133706 August 6, 201 0 

Advertiser: Division of Air Quality 

ND HEALTH DEPARTMENT P.O.#: 

600 E BOULEVARD AVE. 

DEPT.301 Amount Due $3,563.60 

BISMARCK, ND 58505-0200 

Voice: 701.328.5188 Fax: 701.328.5200 

Amount Paid 

Division of Air Quality Invoice# 28075-10075ND0-13370 

AdSize Rate Type Rate Page Run Date 

Ashley Tribune (Ashley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control . 07/14/10 

Ashley Tribune (Ashley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Beach Golden Valley News (Beach NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Beach Golden Valley News (Beach NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22/10 

Bismarck Tribune (Bismarck NO) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/12/10 

Bismarck Tribune (Bismarck NO) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/19/10 

Bottineau Courant (Bottineau NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/13110 

Bottineau Courant (Bottineau NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/20/10 

Bowbells Burke County Tribune (Bowbells NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Bowbells Burke County Tribune (Bowbells NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Bowman County Pioneer (Bowman NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Bowman County Pioneer (Bowman NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Cando Towner Co Record Herald (Cando NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 

Cando Towner Co Record Herald (Cando NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07117110 

North Dakota Newsoaoer Association 08/06/10 OneSvs rbondawilliams II rbondaw Page I 
Division of Air Quality Invoice# 28075-10075ND0-133706 

Ad Size Rate Type Rate Total Discount r'AI) Caption Page Run Date 

COUNTY 

Carrington Foster Co lndepend (Carrington ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12110 

Carrington Foster Co lndepend (Carrington ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/19/10 

Carson Press (Elgin NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Carson Press (Elgin NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Cavalier Chronicle (Cavalier NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Cavalier Chronicle (Cavalier NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121110 

Center Republican (Hazen NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Center Republican (Hazen NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22110 

Cooperstown Griggs County Courier (Cooperstown NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Cooperstown Griggs County Courier (Cooperstown NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Crosby The Journal (Crosby ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Crosby The Journal (Crosby NO) 

5.50 SPR1 5.57 Did Not Run 0.00 Air Pollution Control 07/21/10 

Crosby The Journal (Crosby NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/28/10 

Devils Lake Dally Journal (Devils Lake ND) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/12110 

Devils Lake Daily Journal (Devils Lake NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/19/10 

Dickinson Press (Dickinson NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/11/10 

Dickinson Press (Dickinson NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/18/10 

Elgin Grant County News (Elgin NO) 

5.50 SPR1 5.57 30.64 o:oo Air Pollution Control 07/14/10 

Elgin Grant County News (Elgin NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Ellendale Dickey Co Leader (Ellendale ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Ellendale Dickey Co Leader (Ellendale NO) 

5.50 SPR1 5.57 Did Not Run 0.00 Air Pollution Control 07/22110 

Ellendale Dickey Co Leader (Ellendale ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/29/10 

Fargo, The Forum (Fargo NO) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/12110 

Fargo, The Forum (Fargo NO) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/19/10 

Finley Steele County Press (Finley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Nnrth Dalrnta New•naner A•sociatinn ORIO/i/1 0 OneSv• rhnndllwillillm• 1i mnndaw 
Division of Air Quality Invoice# 28075-l 007SNDO-l33 706 

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

COUNTY 

Finley Steele County Press (Finley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Garrison McLean Co lndepend (Garrison ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Garrison McLean Co lndepend (Garrison NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22/10 

Grafton *Walsh Countj Record (Grafton ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Grafton *Walsh County Record (Grafton NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121/10 

Grand Forks Herald (Grand Forks ND) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/13110 

Grand Forks Herald (Grand Forks NO) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/20/10 

Harvey The Herald-Press (Harvey NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 

Harvey The Herald-Press (Harvey NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/17/10 

Hazen Star (Hazen NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Hazen Star (Hazen NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22110 

Hettinger Adams Co Record (Hettinger NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Hettinger Adams Co Record (Hettinger ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16110 

Jamestown Sun (Jamestown ND) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/12/10 

Jamestown Sun (Jamestown ND) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/19/10 

Killdeer Dunn County Herald (Killdeer ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Killdeer Dunn County Herald (Killdeer ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Lakota American (Lakota ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Lakota American (Lakota NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

LaMoure Chronicle (LaMoure ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

LaMoure Chronicle (LaMoure ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Langdon Cavalier Co Republican (Langdon ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12/10 

Langdon Cavalier Co Republican (Langdon NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/19/10 

Linton Emmons County Record (Linton ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15110 

Linton Emmons County Record (Linton NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22110 

North Dakota Newsoaoer Association 08/06110 OneSvs rbondawilliams II mondaw Pa2e3 
Division of Air Quality Invoice# 28075-1 0075ND0-133706 

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

COUNTY 

Lisbon Ransom County Gazette (Lisbon ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12/10 

Lisbon Ransom County Gazette (Lisbon ND) 

5.50 SPR1 5.57 30.64. 0.00 Air Pollution Control 07/19/10 

Mandan News (Bismarck ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Mandan News (Bismarck ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Mayville* Tralll County Tribune (Mayville ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 

Mayville* Tralll County Tribune (Mayville NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 01117110 

McClusky Gazette (McClusky ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

· M cCI usky Gazette {M cCiusky ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22/10 

Medora Billings Co Pioneer (Beach ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 

Medora Billings Co Pioneer (Beach NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22/10 

Milnor Sargent County Teller (Milnor NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

Milnor Sargent County Teller (Milnor ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

Minnewaukan Benson Co Farmers Press (Minnewaukan ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Minnewaukan Benson Co Farmers Press (Minnewaukan NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21110 

Minot Dally News (Minot ND) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/12/10 

Minot Dally News (Minot ND) 

5.50 SPR1 11.14 61.27 0.00 Air Pollution Control 07/19/10 

Mohall Renville County Farmer (Mohall ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Mohall Renville County Farmer (Mohall NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121110 

Napoleon Homestead (Napoleon NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Napoleon Homestead (Napoleon NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

New England The Herald (New England ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 

New England The Herald (New England ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 

New Rockford Transcript (New Rockford ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12/10 

New Rockford Transcript (New Rockford ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/19/10 

Rolla Turtle Mountain Star (Rolla ND) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12/10 

North Dakota Newsoaoer Association 08106/10 OneSvs rbondawilliams II rhondaw Pal!e4 
Division of Air Quality Invoice# 28075-1 0075ND0-133706 

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

COUNTY 

Rolla Turtle Mountain Star (Rolla NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/19/10 

Rugby Pierce County Tribune (Rugby NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 

Rugby Pierce County Tribune (Rugby NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07117110 

Stanley Mountrail Co Promoter (Stanley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Stanley Mountrail Co Promoter (Stanley NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121110 

Steele Ozone & Kidder Co. Press (Steele NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Steele Ozone & Kidder Co. Press (Steele NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121110 

Towner Mouse River Journal (Towner NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Towner Mouse River Journal (Towner NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Valley City Times-Record (Valley City NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/12/10 

Valley City Times-Record (Valley City NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/19/10 

Wahpeton Dally News (Wahpeton NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/11/10 

Wahpeton Dally News (Wahpeton NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/18/10 

Watford City McKenzie Co Farmer (Watford City NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 

Watford City McKenzie Co Farmer (Watford City NO) 

5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 

Williston Herald (Williston NO) 

5.50 SPR1 '7.57 41.64 0.00 Air Pollution Control 07111110 

Williston Herald (Williston NO) 

5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/18/10 

Gross Advertising 3,563.60 Total Mise 0.00 Amount Paid 

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Other Discount 0.00 Total Billed 3,563.60 Payment Date 

Service Charge 0.00 Unbilled 0.00 Balance Due 3,563.60 

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

North Dakota Newsnaner Aooociatinn OR/M/10 o ..... Sv• mnNI•willi•m•ll mnNI•w 
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retary for Zion 

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Mornings, 15-20 · 

hours per week. 

Must be computer literate and work well . with people. St!'!rting ·date, August 1, 2010. 

Send resume by July · 23 to Gary Jenner, 

9910 Hwy 3, Ashley, · NO 58413 

Barber Shop 

will be· closing 

JULY 16 & 

REOPEN ON AUG. 3 

ABBREVIATED 

NOTICE OF INTENT· 

. TO ADOPT &AMEND 

ADMINISTRATIVE RULES 

relating to 

· Air Pollution Contml 

o/.':J,J · ttasement 

'tr 

-North Dakota 

Department of 

·Health and Air· >n 

lC 

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. 

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1 

• ASHLEY, NORTH .DAKOTA-613 Center Ave N; 3 bedroom 

Split Level, Interior walls all recently painted 2010. IncludeS 

appliances. Central Vac, wood burner and kitchenette on secpnd level. Large.dlnlng and living room. New duct work and· ·· Jots of storage. Patio door leads to spacious back yard on · tower level. Two stall attached garage at rear of home. Lo· 

cated right across the street from the Hospital. $55,000. ACCEPTING OFFERS. 

• ZEELAND, NORTH DAKOTA-The home Is a very )lice 2, 

story home with single stall attached garage, new porch, 1 

bedroom on main floor, full bath, 2 bedrooms upstairs and 

half-bath, electric heat, new windows. Flooring is updated. 

• DANZIG, NORTH DAKOTA-North of Danzig (Ashley/Wishek area), 43 +1- acres with Farmstead. Two· bed· 

room home, barns and outbuildings. South of Green Lake. 

Great fishing & hunting area. Land is mostly grass and alfalfa 

~ · at the present time. Will look at all offers. 

1 

.. ·MCINTOSH COUNTY, NORTH DAKOTA-160 Acres, Consists of Pasture, cropland, & low land. Super hunting Area 

• ASHLEY, NORTH DAKOTA-East of Ashley, ND 20 acres 

of land located in Mcintosh County . Includes small farm- . stead. Good hunting area. Take-a-Look! 

• OAKES, NORTH DAKOTA-6 miles west, 1/2 mile south. 

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tank, electricity, high speed Internet & cable at the site.' Super 

location. 

CALL FRANCES HOFFMAN AT 701-321-5696 

Pollution Control 

Advisory Council 

hold a public hearing to 

proposed changes to the 

Admin. Code Artide 33-15 

and the State Implementation 

Plan (SIP) for the control of air 

poll\ltiOn; 

4th Aoor Conference Rm. 

Gold Seal Center 

918 ~Divide Ave. 

Bismarek, ND 

Thurs.,Aug.19, 2010 

9:00am.CDT 

A copy. of the proposed rules may be 

viewed at the Departmenfs website at: 

www.n he'alth.gov/E~S/ 

PublllcNcltlce:s.aslpx. A copy of the 

may be obtained by 

North Dakota Department Division of flJr ~. 918 E. 

Dlvkle Ave., 2nd FlOOr, Bismarck, NO 

58501-1947 orcamng (701) 328-5188. 

Written comments may be submitted to 

the above address fn:im July 27, 2010 

through August 30, 2010. If you plan to 

attend the ptJbffc hearing and wrll need 

special facilities or assistanc:e relating 

to a disability, please contact the DepL 

of Health at the above address at least seven (7) days prior to the public 

hearing. 

Dated this 28tll day of June 2010. 

Teny L O'Cialr, P.E. 

Director, Division of Ai' Quality 

Official Newspaper of 

Mcintosh County and 

et1ies and school districts of Ashley and 

Zeeland 

PUBLISHERS 

Tony & Julie Bender . EDITOR. · Tony Bender 

. REPORTER 

Marie Delzer · 

BOOKEEPING 

Frances Lehr 

BUSINESS HOURS 

Monday -Friday 9-5 

PHONE 701-288~3531 

.FAX 701·288-3532 

E-MAIL redhead@drtel.net 

WEB 

www.ashleynd.com 

centraldakotanews.com 

(USPS#033·940) 

Periodical postage 

paid· at Wishek. 

·Published every 

Wednesday from its · office at 115 W. Main 

Street, Ashley, NO 

58413 

POSTMASTER: Send 

address . changes · to 

Ashley Tribune, Box 

178,Ashley, NO, 58413 

POLICY: No subscrip- . tion refunds. The 

Ashley Tribune is not . monetarily liable for the 

omission of an ad or for 

min<;>r errors in the ad. 

SUBSCRIPTIONS · 

ONE YEAR 

• In county $38 

• In state $43 . • Out of state $48 

·Online $38 
REGISTRATION 

LEASE PRINT 

CHECK HERE 

NAME ADDRESS REPRESENTING TO TESTIFY 

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-

''""'"'''· 

-
Public Hearing 

Air Pollution Control Rules 

August 19, 2010 

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

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

a.m. on August 19th in 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. 

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 and 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 transcribing pl.U'poses. Please identify yourself for 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 summarize the proposed changes. 

Chapter 33-15-01 -General Provisions is being updated to change the date of incorporation by 

reference ofthe definition of volatile organic compounds to July 2, 2010. 

Chapter 33-15-02 -Ambient Air Quality Standards is being revised to include the new Federal 

1 -'hour Ambient Air Quality Standard for nitrogen dioxide and sulfur dioxide, and the revised 

standard for lead. No longer applicable language in Sections 2 and 7, and Table 2 are being 

deleted. 

Chapter 33-15-12 - Standards of Performance for New Stationary Sources is being revised to 

change the date for incorporation by reference to July 2, 2010. In Section 2, Subpart Ce is being 

revised to delete a past compliance date and to incorporate changes made by EPA in the October 6, 

2009 Federal Register. New Federal Subparts 1111 and JJJJ for stationary internal combustion 

engines are also being incorporated by reference. 

Chapter 33-15-13 -Emission Standards for Hazardous Air Pollutants is being revised to change the 

date of incorporation by reference to July 2, 2010. 
In Chapter 33-15-14- Designated Air Contaminant Sources, Permit to Construct, Minor Source 

Permit to Operate, Title V Permit to Operate - section 1 is being revised to: 1) indicate that only 

sources that are subject to a New Source Performance Standard (NSPS) which the State has adopted 

in Chapter 12 is a designated source category; 2) that only sources that are subject to a National 

Emission Standard for Hazardous Air Pollutants (NESHAP) which . the State has adopted into 

Chapter 13 is a designated source category; 3) to clarify that any source that causes or contributes to 

a violation of a State Ambient Air Quality Standard or violates any other provision of Chapter 2 is a 

designated source category; and 4) to indicate that only stationary sources that are subject to a 

federal requirement is a designated source category. 

Section 2 is being revised to eliminate the requirement that all owners or operators of sources 

subject to an NSPS are required to obtain a Permit to Construct and to eliminate the condition for 

exemption from the permitting requirements that no NSPS or NESHAP apply. 

Section 3 is being revised to eliminate out-of-date requirements for Title V sources. 

Section 6 is being revised to incorporate EPA's Flexible Operating Permit requirements and the 

Tailoring rule for greenhouse gases. 

Section 10 is being revised to update the date for incorporation by reference to July 2, 2010. 

Chapter 33-15-15 - Prevention of Significant Deterioration of Air Quality is being revised to 

change the date for incorporation by reference to July 2, 2010. The date for incorporating 40 CFR 

51, Appendix W is being revised to July 2, 2010. Other changes are being made to make 40 CFR 

52.21 compatible for incorporation by reference. 

Chapter 33-15-21 -Acid Rain Program Sections 8.1, 9 and 10 are being revised to change the date 

for incorporation by reference to July 2, 2010. 

Chapter 33-15-22- Emission Standards for Hazardous Air Pollutants for Source Categories is being 

revised to change the date for incorporation by reference to July 2, 2010 and Subpart ZZZZ for 

stationary reciprocating engines at major sources is being added. 

I now open the hearing for comment. Is there anyone who wishes to present oral testimony? 

Scott Skokos with the Dakota Resource Council commented that the Dakota Resource Council has 

concerns about including the North Dakota Modeling Guideline in the rules in Chapter 33-15-15, 

Section (1)(1). He indicated they've had concerns with North Dakota's modeling methodology 

since the last 1990's and will be submitting written comments by August 30th. 

CLOSING 

Thank you all of 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 August 30th. 

2 
At this point, I will close the hearing on the proposed amendments to the North Dakota 

Administrative Code, Article 33-15, Air Pollution Control. 

Respectfully Submitte~. / 

0~ 

. 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, ND 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 

August 19, 2010, 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 for 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: April4, 2011 

Affidavit: 

State ofNorth Dakota 

County ofBurleigh 

On the 41

h day of April 2011 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 certificatin are true. 

Environmental Health 

Section Chiefs Office 

701.328.5150 

Division of 

Air Quality 

701.328.5188 

Subscribed and sworn to before me 

Sherri A. Jahraus 

Type, Print or Stamp Name 

North Dakot 

My Commis 

SHERR I A. JAHRAUS 

on expites Notary Public ~late of North DaRota 

My Commission Expires Oct. 18, 2014 

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 
Response to Public Comments 

on 

Proposed Revisions 

to 

The Air Pollution Control Rules 

of the State ofNorth Dakota 

Public Comment Period 

July 27, 2010- August 30, 2010 

North Dakota Department of Health 

Division of Air Quality 

918 E Divide Avenue, 2nd Floor 

Bismarck, ND 58501-1947 
Table of Contents 

Summary of Comments and Responses 

1. Oral Comments 

2. Written Comments on Rules 

Environmental Protection Agency Comments 

And Department's Response 

Dennis Kost Comments 
1. Oral Comments 

Summary of Comments 

and Responses 

The only person to present oral testimony was Scott Skokos representing the Dakota Resource 

Council. 

Comment: Mr. Skokos indicated the Dakota Resource Council (DRC) had concerns about 

including the North Dakota Modeling Guideline in Chapter 33-15-15, Section (1)(1 ). He 

indicated they have had concerns with North Dakota's modeling methodology since the late 

1990's and would be submitting detailed written comments by August 30, 2010. 

Response: Note that the DRC did not submit written comments on the rule revision. Since no 

details of the DRC's objection to the Department's modeling procedure were provided, it is not 

possible to respond in detail. However, the modeling conducted by the Department for major 

sources under Chapter 33-15-15 is reviewed by EPA and Federal Land Managers. EPA has 

oversight authority if the modeling procedures is incorrect. 

2. Written Comments 

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

Dennis Kost. 

A. EPA Comments 

1. EPA indicated several sections of the rules contain a "director's 

discretion" which would not be approvable if those sections would be 

submitted with the amended sections. 

Response: None of the sections that are being amended contain a 

"director's discretion." 

2. In Chapter 33-15-02, Table 2, the sulfur dioxide (S02) ambient air quality 

standards will remain in effect until one year after the designations under 

Section 107 of the Clean Air Act. These standards must be retained until 

then. 

Response: Table 2 was revised to maintain the 24-hour and annual 

standards with an explanation that they are effective until one year after 

the Section 1 07 designation. 

The 3-hour S02 National Ambient Air Quality Standard is being adopted 

as a State Ambient Air Quality Standard in Table 1. 
3. 33-15-14-06.l.cc(2) should be corrected to add "carbon dioxide 

equivalent" at the end. 

Response: Agreed; change made. 

4. In 33-15-14-06.5.a(9) the word "alternative" should be added before 

operating scenarios. 

Response: Agreed; change made. 

Dennis Kost Comments: 

1. Mr. Kost is concerned about air contaminant emissions from the coal-fired 

power plants and the Mandan Refinery. He indicated he believes more 

monitoring should be required and any rule now, or in the future, should 

be more stringent to protect public health. 

Response: The North Dakota Air Pollution Control Rules do not establish 

specific requirements for monitoring ambient air quality. The Department 

complies with Federal requirements for monitoring, establishes special 

monitoring based on current needs, and requires industry to monitor at 

large sources. The Department will consider Mr. Kost's request for more 

monitoring as a policy decision; however, the amount of ambient 

monitoring in the State is not affected by this rule revision. 

The National Ambient Air Quality Standards established by the U.S. EPA 

are intended to protect public health. North Dakota is in attainment with 

these standards. The Department is adopting more stringent Federal 

standards for so2, nitrogen dioxide (N02) and lead in this rule revision. 

As EPA promulgates more stringent standards, the Department plans to 

adopt them by reference since State rules cannot be less stringent than 

Federal requirements. 

2 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

Ref: 8P-AR 

Terry O'Clair, Director 

Division of Air Quality 

Enviromnental Health Section 

North Dakota Department of Health 

918 E. Divide Ave. 

Bismarck, ND 58501-1947 

Dear Mr. O'Clair: 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://vvww.epa.gov/regionOB 

AUG 3 0 201n 

RE: EPA Comments for August 19,2010 Public 

Hearing on Proposed Revisions to the North Dakota 

Air Pollution Control Rules and State 

Implementation Plan 

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

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

June 30, 2010. Our comments and questions for the August 19, 2010 public hearing 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. 

Several proposed revisions listed below are not appropriate for incorporation into the 

North Dakota SIP. EPA will take separate actions on them when submitted. The only comments 

on these revisions were related to Chapter 33-15-14-06 Title V Pennit to Operate and are 

included in Enclosure l. 

• Chapter 33-15-12 Standards for Performance for New Stationary Sources 

• Chapter 33-15-13 Emission Standards for Hazardous Air Pollutants 

• Chapter 33-15-14-06 Title V Permit to Operate 

• Chapter 33-15-21 Acid Rain Program 

• Chapter 33-15-22 Emission Standards for Hazardous Air Pollutants for Source Categories 

As a reminder, a VvTitten response to EPA's comments, <md 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 emphasize that 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 <md comment 

rulemaking. 

- 1 -
We appreciate the opportunity to provide comments for your public hearing. If you have 

any questions on EPA's comments, please contact me at 303-312-6434, or have your staff 

contact Gail Fallon at 303-3 12-6281. 

Enclosure 

cc: Tom Bachman, NDDH 

• 2-
ENCLOSURE 1 

EPA Comments for 

North Dakota's August 19, 2010 Public Hearing 

Chapter 33-15-01, General ProYisions 

We have previously expressed concerns about Director's discretion language in parts of 

33-15-01. lt appears that the State is not proposing to revise those parts of33-15-0J in this 

action. However, if the State ultimately adopts its proposed revisions to 33-15-01, 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 following sections prior to submittal: 

I. 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 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 33-15-02, Ambient Air Qualit)' Standards 

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

33-15-02-07. We have one comment on the proposed revision to S02 national ambient air 

quality standards (NAAQS). 

3. 33-15-02 Table 2 National Ambient Air Quality Standards. The S02 standards proposed 

for deletion must be retained for one year after designation for the new standard. Per 

revised 40 CFR 50.4, effective August 23,2010 (75 FR 35520, June 22, 2010), ''ltJhe 

S02 NAAQS set forth in this section will no longer apply to an area one year after the 

etTectivc date ofthc designation ofthat area, pursuant to section 107 ofthe Clean Air Act, 

for S02 NAAQS set fotth in § 50.17 ... " 

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

Source Permit to Operate, Title V Permit to Operate 

4. 33-15-14-02, Permit to Construct and 33-15-14-03, Minor Source Pem1it to Operate. We 

have previously expressed concerns about Director's discretion language in sections of 

33-15-14 (see 33-15-14-02.13.n, 33-15-14-02.19, and 33-15-14-03.16). It appears that 

the State is not proposing to revise these sections in this action. However, if the State 

ultimately adopts its proposed revisions to 33-15-14, and those sections with Director's 

discretion are submitted by the Governor, it is likely those sections will not be approvablc 

- 1 -
by EPA We urge you to revise or remove sections 33-15-14-02.13 .n, 33-15-14-02. I 9, 

and 33-15-14-03.16 prior to submittal. 

5. 33-15- J 4-02, Permit to Construct. [t appears that the State is not proposing to revise 

33-15-14-02.6. This section includes language we have never acted on that defines 

which source categories are subject to public participation requirements. We have 

previously discussed with the State our concerns with this section of the rule. If the State 

ultimately adopts its proposed revisions to 33-15-14, and section 33-15-14-02.6 is 

submitted by the Governor, it is likely this section will not be approvable by EPA We 

urge you to revise or remove section 33-15-14-02.6 prior to submittal. 

6. 33-015-14-06, Title V Permit to Operate. Under definitions, 33-0 15-14-06.l.cc(2) (on 

page 14-37) should be corrected to read," ... table A-I -Global Wam1ing Potentials, and 

summing the resultant value l~x each to compute a tons per year carbon dioxide 

equivalent.'' 

7. 33-015-14-06, Title V Permit to Operate. For consistency, we suggest revising the first 

line of 33-0 15-14-06.5.a(9) (on page 14-50) to read, "Terms and conditions for 

reasonably anticipated alternative operating scenarios ... " 

- 2 -
NORTH DAKOTA 

DEPARTMENT of HEALTH 

August 31, 2010 

Ms. Callie Videtich 

Director, Air Program 

U.S. EPA, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

ENVIRONMENTAL HEALTH SECTION 

Gold Seal Center, 918 E. Divide Ave. 

Bismarck, NO 58501-1947 

701.328.5200 (fax) 

www.ndhealth.gov 

FILE 

Re: Response to Comments on Proposed Rule Revisions 

Dear Ms. Videtich: 

This letter is in response to your letter of August 30, 2010 which provided comments on the proposed 

revisions to the North Dakota Air Pollution Control Rules and State Implementation Plan. With respect 

to your comments, we have the following response: 

I. Chapter 33-15-0 l, General Provi!lions -The Department will not submit Sections 33-15-0 l-07 or 

33-15-01-14 for approval when we submit the revisions to Chapter 33-15-01. 

2. Chapter 33-15-02, Ambient Air Quality Standards - The 24-hour and annual S02 standards will 

be retained in Table 2. A statement has been provided in Table 2 to indicate that. the standards 

will be in effect until one year after the designations under Section 107 of the Clean Air Act. The 

3-hour standard will be incorporated into the State Ambient Air Quality Standards. 

3. Chapter 33-15-14, - The Department will not submit the referenced sections for approval when 

we submit the revisions to Chapter 33-15-14. Regarding 33-15-l4-06.1.cc(2), this section will be 

revised as indicated to include the term "carbon dioxide equivalent." In 33-15-14-06.5 .a(9), the 

word "alternative" will be added before "operating scenarios" in the first sentence. 

If you have any questions, please feel free to contact Tom Bachman of my staff. 

~6~ Terry L. O'Ciair, P.E. 

Director 

Division of Air Quality 

TLO/TB:saj 

xc: Gail Fallon, EPA, Region 8 

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 
··-~··· ···-· ...... ·- ····-··---------··-- ------·· ...... , _ _. _______ -·-···---------- ----· --- ··----·-· -·--·· ..... . 

__ s?- 3D~ A:J 

--~~,~0. .. -····· 

.. - -------··· -· .... ----.. -- .. - . . . . . -------- ..... ---
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. 

Page No. 1 
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. 

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 and 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. 

Page No. 2 
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 em1ss1on control requirements for the prevention, 

abatement, and control of air pollution in this state including achievement of ambient 

air quality standards. 

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: 

Page No. 3 
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. 

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; 1 00 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 not 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. 

Page No. 4 
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, arid 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: 

(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 

Page No. 5 
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 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. 

Page No. 6 
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 23-25r01.1. 

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. 

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 

Page No. 7 
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 materia!, 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 materia!, 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. 1\lothing 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 by S.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, 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. 

Page No. 8 
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 40-4 7-01.1, 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 40-4 7-01.1, a person may not discharge 

into the ambient air any objectionable odorous air contaminant that causes odors 

that measure seven odor concentration units or higher as measured at any of the 

following locations: 

Page No. 9 
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. 

Page No. 10 
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 

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; 

Page No. 11 
(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. 12 
SECTION IV 

REVISIONS TO 

THE AIR POLLUTION CONTROL RULES 

OF THE STATE OF NORTH DAKOTA 

Appendix C ofthe 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 

33-15-01-10 

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 

De·finitions 

Abbreviations 

Entry Onto Premises - Authority 

Variances 

Circumvention 

Severability 

Land Use Plans and Zoning Regulations 

1 4/2011 
52. "Volatile organic compounds" means the definition of volatile organic 

compounds in 40 Code of Federal Regulations 51.100(s) as it exists on 

July 2, 2010, 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; April1, 2009; April1, 2011. 

General Authority: NDCC 23-25-03 

Law Implemented: NDCC 23-25-03 

4/2011 
Section 

33-15-02-01 

33-15-02-02 

33-15-02-03 

33-15-02-04 

33-15-02-05 

33-15-02-06 . 

33-15-02-07 

CHAPTER 33-15-02 

AMBIENT AIR QUALITY STANDARDS 

Scope 

Purpose 

Air Quality Guidelines 

Ambient Air Quality Standards 

Methods of Sampling and Analysis 

Reference Conditions 

Concentrations of Air Contaminants in the Ambient Air 

Restricted 

1 4/2011 
33·15·02·04. Ambient air quality standards. 

1. Particulates and gases. The standards of ambient air quality 

listed in table 1 and table 2 define the limits of air contamination by 

particulates and gases. Any air contaminant which exceeds these 

limits is hereby declared to be unacceptable and requires air pollution 

control measures. The stated limits include normal background levels 

of particulates and gases. 

History: Amended effective October 1, 1987; January 1, 1989; September 1, 1998; 

April 1, 2011 . 

. General Authority: NDCC 23-25-03 

Law Implemented: NDCC 23-25-03 

4/2011 2 
33·15-02-07. Concentrations of air contaminants in the ambient air 

restricted. 

1. No person may cause or permit the emission of contaminants to the 

ambient air from any source in such a manner and amount that causes 

or contributes to a violation in the ambient air of those standards stated 

in section 33-15-02-04. 

2. Nothing in any other part or section of this article may in any manner be 

construed as authorizing or legalizing the emission of air contaminants 

in such manner as prohibited in subsection 1. 

History: Amended effective October 1, 1987; September 1, 1998; April 1, 2011. 

General Authority: NDCC 23-25-03 

Law Implemented: NDCC 23-25-03 

3 4/2011 
Table 1. AMBIENT AIR QUALITY STANDARDS 

Standards 

Air Contaminants (Maximum Permissible Concentrations) 

Sulfur 

Dioxide 

4/2011 

0.075 parts per million (196 micrograms per cubic meter) 

1-hour average concentration. The standard is met 

when the 3-year average of the annual 99th percentile 

of the daily maximum '1-hour average concentration 

is less than or equal to 0.075 parts per million, as 

determined in accordance with 40 CFR 50, Appendix T. 

0.5 parts per million (1309 micrograms per cubic meter of 

air) maximum 3-hour concentration, not to be exceeded 

more than once per calendar year. 

4 
Nitrogen 

Dioxide 

Lead 

0.053 parts per million (1 00 micrograms per cubic meter of 

air), maximum annual arithmetic mean 

0.100 parts per million (188 micrograms per cubic meter) 

1-hour average concentration. The standard is met 

when the 3-year average of the annual 98th percentile 

of the daily maximum 1-hour average concentration 

is less than or equal to 0.1 00 parts per million, as 

determined in accordance with 40 CFR 50, Appendix S. 

0.15 micrograms per cubic meter of air, arithmetic mean 

averaged over a 3-month rolling period. The standard is 

met when the maximum 3-month mean concentration 

for a 3-year period, as determined in accordance 

with 40 CFR 50, Appendix R, is less than or equal to 

0.15 micrograms per cubic meter. 

History: Amended effective December 1, 1994; April 1, 2009; April 1, 2011. 

Table 2. NATIONAL AMBIENT AIR QUALITY STANDARDS 

Air Contaminant 

Sulfur oxides 

(sulfur dioxide) 

Standards 

(Maximum Permissible Concentrations) 

0.030 parts per million (80 micrograms per cubic 

meter of air) maximum annual arithmetic mean 

concentration, not to be exceeded in a calendar 

year 

0.14 parts per million (365 micrograms per cubic meter 

of air) maximum 24-hour concentration, not to be 

exceeded more than once per calendar year 

5 4/2011 
The standards in Table 2 will remain in effect until one year after the effective date 

of the designation for the one-hour sulfur dioxide standard pursuant to Section 1 07 

of the Federal Clean Air Act except for areas designated nonattainment with 

respect to the standards in Table 2 and areas not meeting the requirements of a 

state implementation call with respect to requirements for the national ambient 

air quality standards in Table 2. The standards in Table 2 will apply to those 

areas until that area submits, and the environmental protection agency approves, 

an implementation plan providing for attainment of the one-hour sulfur dioxide 

standard. 

History: Amended effective September 1, 1998; April 1, 2011. 

4/2011 6 
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 

33-15-14-01 

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 

33·15-14-01. Designated air contaminant sources. Pursuant to 

subsection 1 of North Dakota Century Code section 23-25-04, stationary sources 

within the following source categories are designated as air contaminant sources 

capable of causing or contributing to air pollution, either directly or indirectly. 

1 4/2011 
4/2011 

9. Any source for which an applicable federal standard of performance 

[40 CFR 60] has been adopted in chapter 33-15-12. 

6 
10. Any source for which an applicable 

emission standard for hazardous air 

[40 CFR 61] has been adopted in chapter 33-15-13. 

national 

pollutants 

12. Any source which is determined by the department to cause or 

contribute to a violation of any state ambient air quality standard or 

violates the other provisions of chapter 33-15-02. 

15. Other stationary sources subject to a standard or requirement under the 

Federal Clean Air Act as amended. 

History: Amended effective October 1, 1987; March 1, 1994; August 1, 1995; 

April 1, 2011. 

General Authority: NDCC 23-25-03, 23-25-04, 23-25-04.1 

Law Implemented: NDCC 23-25-04, 23-25-04.1 

7 4/2011 
33-15-14-02. Permit to construct. 

1. Permit to construct required. No construction, installation, or 

establishment of a new stationary source within a source category 

designated in section 33-15-14-01 may be commenced unless the 

owner or operator thereof shall file an application for, and receive, a 

perrnit to construct in accordance with this chapter. 

4/2011 8 
13. Exemptions. A permit to construct is not required for the following 

stationary sources provided there is no federal requirement for a permit 

or approval for construction or operation. 

15 4/2011 
4/2011 

o. Oil and gas production facilities as defined in chapter 33-15-20 

which are not a major source as defined in section 33-15-14-06. 

18 
History: Amended effective March 1, 1980; February 1, 1982; October 1, 1987; 

June 1, 1990; l\llarch 1, 1994; August 1, 1995; September 1, 1997; September 1, 

1998; June 1, 2001; March 1, 2003; February 1, 2005; January 1, 2007; April 1, 

2009; April 1, 2011. 

General Authority: NDCC 23-25-03, 23-25-04, 23-25-04.1, 23-25-04.2 

Law Implemented: NDCC 23-25-04, 23-25-04.1, 23-25-04.2 

33·15·14·03. Minor source permit to operate. 

1. Permit to operate required. 

4/2011 20 
c. Sources that are subject to the title V permitting requirements of 

section 33-15-14-06 are exempt from the requirements of this 

section. 

21 4/2011 
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 1\Jorth 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 July 2, 2010, 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. 

For purposes of this chapter, administrator means the department except 

for those duties that cannot be delegated by the United States environmental 

protection agency. For those duties listed below, or any others that cannot 

be delegated, administrator means the administrator of the United States 

environmental protection agency: 

(b)(17) - Definition of federally enforceable. 

(b)(37)(i) - Definition of repowering. 

(b)(43)- Definition of prevention of significant deterioration. 

(b)(48)(ii)(c) - Definition of baseline actual emissions. 

(b)(50)(i) - Definition of regulated NSR pollutant. 

(1 )(2) - Air quality models. 

(p)(2) -Consultation with the federal land manager. 

1 4/2011 
For purposes of this chapter, permit or approval to construct means a permit 

to construct. The procedures for obtaining a permit to construct are specified in 

section 33-15-14-02 and this chapter. When there is a conflict in the requirements 

between this chapter and section 33-15-14-02, the requirements of this chapter 

shall apply. 

For purposes of this chapter, the term "40 CFR 52.21" is replaced with "this 

chapter". 

40 CFR 

52.21 (b)(2)(iii)(a) 

40 CFR 

52.21 (b)(3)(iii)(a) 

40 CFR 

52.21 (b)(14) 

40 CFR 

52.21(b)(15) 

40 CFR 

52.21 (b)(22) 

40 CFR 

52.21 (b)(29) 

40 CFR 

52.21 (b)(30) 

40 CFR 

52.21 (b)(43) 

4/2011 

The following is deleted: 

Routine maintenance, repair and replacement shall 

include, but not be limited to, any activity(s) that meets 

the requirements of the equipment replacement provisions 

contained in paragraph (cc). 

The words "the administrator or other reviewing 

authority" are replaced with "the department or the 

administrator of the United States environmental 

protection agency". 

The following is added: 

(v) The department shall provide a list of baseline 

dates for each contaminant for each baseline area. 

The following is added: 

(iv) North Dakota is divided into two intrastate areas 

under section t07(d)(1)(D) or (E) of the Federal 

Clean Air Act [Pub. L. 95-95]: the Cass County 

portion of region no. 130, the metropolitan 

Fargo-Moorhead interstate air quality control 

region; and region no. 172, the North Dakota 

intrastate air quality control region (the remaining 

fifty-two counties). 

The following is added: 

Designating an application complete for purposes 

of permit processing does not preclude the 

department from requesting or accepting any 

additional information. 

The following is added: 

This term does not include effects on integral vistas. 

The term section 51.1 OO(s) of this chapter is deleted and 

replaced with "40 CFR 51.1 OO(s)". 

The paragraph is deleted in its entirety and replaced with 

the following: 

2 
40 CFR 

52.21 (b)(48)(ii) 

40 CFR 

52.21 (b)(49) 

40 CFR 

52.2'1 (b)(49)(i) 

Prevention of significant deterioration (PSD) program 

means a major source preconstruction permit program 

administered by the department that has been approved 

by the administrator of the United States environmental 

protection agency and incorporated into the state 

implementation plan pursuant to 40 CFR 51.166 to 

implement the requirements of that section. Any permit 

issued by the department under the program is a major 

NSR permit. 

The following words are deleted: "by the administrator for a 

permit required under this section or". 

The following words are deleted "administrator in 

subchapter C of this chapter" and replaced with the 

following: 

Administrator of the United States environmental protection 

agency in title 40, Code of Federal Regulations, chapter I 

subchapter C. 

"§ 86.181-12(a) of this chapter" is deleted and replaced 

with: 40 CFR 86.1818-12(a). 

40 CFR "Table A-1 to subpart A of part 98 of this chapter" is deleted 

52.21 (b)(49)(ii)(a) and replaced with the following: 40 CFR 98, subpart A, 

table A-1. 

40 CFR 

52.21 (b)(51) 

40 CFR 

52.21 (b)(50)(i)(c) 

40 CFR 

52.21 (b)(50)(i)(d) 

40 CFR 

52.21 (b)(53) 

40 CFR 

52.21 (b)(54) 

The paragraph is deleted in its entirety and replaced with 

the following: 

Reviewing authority means the department. 

This paragraph is deleted in its entirety and replaced with 

the following: 

Nitrogen oxides are a precursor to PM2.

5 in all attainment 

and unclassifiable areas. 

This paragraph is deleted in its entirety and replaced with 

the following: 

Volatile organic compounds are not a precursor to PM2.

5 in 

any attainment or unclassifiable areas. 

This paragraph is deleted in its entirety and replaced with 

the following: 

Lowest achievable emission rate (LAER) has the meaning 

given in 40 CFR 51.165(a)(1 )(xiii) which is incorporated by 

reference. 

This paragraph is deleted in its entirety and replaced with 

the following: 

Reasonably available control technology (RACT) has the 

meaning given in 40 CFR 51.100(o) which is incorporated 

by reference. 

3 4/2011 
40 CFR This paragraph is deleted in its entirety. 

52.21 (b)(58) 

40 CFR 52.21 (d) The paragraph is deleted and replaced with the following: 

40 CFR 52.21 (e) 

40 CFR 52.21 (h) 

40 CFR 52.21 (i) 

40 CFR 

52.21(k)(1) 

40 CFR 

52.21 (1)(1) 

4/2011 

No concentration of a contaminant shall exceed 

the ambient air quality standards in chapter 

33-15-02 for those areas subject to regulation 

under this article and the national ambient air 

quality standards in all other areas of the United 

States. 

The following is added: 

(5) The class I areas in North Dakota are the 

Theodore Roosevelt National Park- north 

and south units and the Theodore Roosevelt 

Elkhorn Ranch Site in Billings County - and 

the Lostwood National Wilderness Area in 

Burke County. 

The paragraph is deleted and replaced with the 

following: 

The stack height of any source subject to this 

chapter must meet the requirements of chapter 

33-15-18. 

The following subparagraphs are added: 

(11) The class I area increment limitations of the Theodore 

Roosevelt Elkhorn Ranch Site of the Theodore 

Roosevelt National Park shall apply to sources or 

modifications for which complete applications were 

filed after July 1, 1982. The impact of emissions from 

sources or modifications for which permits under this 

chapter have been issued or complete applications 

have already been filed will be counted against the 

increments after July 1, 1982. 

(12) Provided that all necessary requirements of this article 

have been met, permits will be issued on a ·first-come, 

first-served basis as determined by the completion 

date of the applications. 

This subparagraph is deleted and replaced with 

the following: 

(1) Any ambient air quality standard in chapter 33-15-02 

for those areas subject to regulation under this article 

and the national ambient air quality standards in all 

other areas of the United States; or 

This subparagraph is deleted and replaced with 

the following: 

4 
40 CFR 

52.21 (m)(3) 

40 CFR 

52.21 (p)(6) 

40 CFR 

52.21 (p) (7) 

40 CFR 

52.21 (p)(8) 

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, 201 0) as supplemented by the "North 

Dakota guideline for air quality modeling analyses". These 

documents are incorporated by reference. Technical inputs 

for these models shall be based 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, meteorological, topographical, or local air 

quality circumstances. 

"Appendix B to part 58 of this chapter" is replaced 

with 40 CFR 58, appendix B. 

"paragraph (q)(4)" is replaced with 

"paragraph (p)(4)" and "(q)(7)" is replaced 

with "(p)(7)". 

"paragraph (q)(7)" is replaced with 

"paragraph (p)(7)". 

"paragraphs (q)(5) or (6)" is replaced with 

"paragraphs (p)(5) or (6)". 

40 CFR 52.21(p) The following is added: 

40 CFR 52.21 (q) 

(9) Notice to the United States environmental 

protection agency. The department shall 

transmit to the administrator of the United 

States environmental protection agency 

through the region VIII regional administrator 

a copy of each permit application relating to a 

major stationary source or major modification 

received by the department and provide notice 

to the administrator of every action related to 

the consideration of such permit. 

This paragraph is deleted and replaced with the 

following: 

q. Public participation. 

(1) Within thirty days after receipt of an application to construct a 

source or modification subject to t~1is chapter, or any addition 

to such application, the department shall advise the applicant 

as to the completeness of the application or of any deficiency 

in the application or information submitted. In the event of 

5 4/2011 
such a deficiency, the date of receipt of the application, for the 

purpose of this chapter, shall be the date on which all required 

information to form a complete application is received by the 

department. 

(2) With respect to a completed application, the department shall: 

(a) Within one year after receipt, make a preliminary 

determination whether the source should be approved, 

approved with conditions, or disapproved pursuant to 

the requirements of this chapter. 

(b) Make available, in at least one location in each region 

in which the proposed source or modification would 

be constructed, a copy of all materials submitted by 

the applicant, a copy of the department's preliminary 

determination, and a copy or summary of other 

materials, if any, considered by the department in 

making a preliminary determination. 

(c) Notify the public, by prominent advertisement in 

newspapers of general circulation in each region in 

which the proposed source or modification would 

be constructed, of the application, the preliminary 

determination, the degree of increment consumption 

that is expected from the source or modification, and the 

opportunity for comment at a public hearing as well as 

written public comment on the information submitted by 

the owner or operator and the department's preliminary 

determination on the approvability of the source. The 

department shall allow at least thirty days for public 

comment. 

(d) Send a copy of the notice required in subparagraph c 

to the applicant, the United States environmental 

protection agency administrator, and to officials 

and agencies having cognizance over the location 

where the source or modification will be situated as 

follows: the chief executive of the city and county 

where the source or modification would be located; any 

comprehensive regional land use planning agency; and 

any state, federal land manager, or Indian governing 

body whose lands may be significantly affected by 

emissions from the source or modification. 

(e) Hold a public hearing whenever, on the basis of written 

requests, a significant degree of public interest exists 

or at its discretion when issues involved in the permit 

decision need to be clarified. A public hearing would 

4/2011 6 
be held during the public comment period for interested 

persons, including representatives of the United States 

environmental protection agency administrator, to 

appear and submit written or oral comments on the air 

quality impact of the source or modification, alternatives 

to the source or modification, the control technology 

required, and other appropriate considerations. 

(f) Consider all public comments submitted in writing 

within a time specified in the public notice required 

in subparagraph c and all comments received at any 

public hearing conducted pursuant to subparagraph e 

in making its final decision on the approvability of 

the application. No later than thirty days after the 

close of the public comment period, the applicant may 

submit a written response to any comments submitted 

by the public. The department may extend the time 

to respond to comments based on a written request 

by the applicant. The department shall consider 

the applicant's response in making its final decision. 

All comments must be made available for public 

inspection in the same locations where the department 

made available preconstruction information relating to 

the source or modification. 

(g) Make a final determination whether the source should 

be approved, approved with conditions, or disapproved 

pursuant to the requirements of this chapter. 

(h) Notify the applicant in writing of the department's 

final determination. The notification must be made 

available for public inspection in the same locations 

where the department made available preconstruction 

information and public comments relating to the source 

or modification. 

40 CFR 52.21 (r)(2) The following is added: 

40 CFR 52.21 (v)(1) 

In cases of major construction projects involving long 

lead times and substantial financial commitments, the 

department may provide by a condition to the permit 

to construct a time period greater than eighteen 

months when such time extension is supported by 

sufficient documentation by the applicant. 

This subparagraph is deleted and replaced with 

the following: 

7 4/2011 
40 CFR 

52.21 (v)(2)(iv)(a) 

40 CFR 

52.21 (w)(1) 

40 CFR 

52.21 (aa)(15) 

(1) An owner or operator of any proposed major 

stationary source or major modification may request 

the department to approve a system of innovative 

control technology. 

This subitem is deleted and replaced 

with the following: 

(a) Cause or contribute to a violation of an applicable 

ambient air quality standard in chapter 33-15-02 

for those areas subject to regulation under 

this article and the national ambient air quality 

standards in all other areas of the United States; 

or 

This subparagraph is deleted and replaced with the 

following: 

(1) Any permit issued under this chapter or a prior version 

of this chapter shall remain in effect, unless and until 

it expires under 40 CFR 52.21 (r) or is rescinded. 

This paragraph is deleted in its entirety 

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

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

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

4/2011 8 
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. Terry 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 

October 27, 2010 

North Dakota Department of Health 

918 E Divide Ave 

Bismarck, ND 58501-1947 

Dear Mr. O'Ciair: 

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 small entities are not affected 

by these rules, 5) a stringency justification was 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, 

Waf 

Wayne Stenehjem 

Attorney General