# ~ NORTH DAKOTA

, DEPARTMENT

### ofH EALTH



### April 18, 2011



### Mr. James

### B. Martin RegionalAdministrator U.S. EPA, Region 

### 8 1595 

### Wynkoop Street Denver, CO 80202-1129


### Re: SIPRevision
Dear

### Mr. Martin: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328

.5200 (fax) 

### www.ndhealth.gov



### Accompanyingthisletteris a letterfrom GovernorDalrympletoAdministratorJacksonformally submitting revisions to the North Dakota State Implementat ion Plant for the Control of Air Pollution. The SIPrevisionaddressesthe newAmbientAir QualityStandardsfor sulfurdioxide, nitrogen dioxide and lead 

### as well as revisions to several chapters of the North Dakota Air PollutionControlRules that are part ofthe SIP. Specificchanges are addressedinthe summary included 

### inthe SIP submittal.
Also enclosed is a revision to the North Dakota Section 

### lll(d) Plan for hospital/medical/infectious wasteincinerators. Therevision updates the regulatoryrequirements tomatch40CFR60, SubpartCe

. Ifyour staffhas any questions about the revisions, please have them contact TomBachman of mystaffat (701) 328-5188. 

### Sincerely,

# ~0~ Terry 

### L. O'Clair,P.E. Director DivisionofAirQuality TLO/TB:saj Enc: xc/enc:Gail Fallon,EPA, Region 8

Environmental Health Section Chief's Office 701

.328

.5150 Division of AirQuality 701

.328

.5188 Division of Municipal Facilities

701

.328

.5211 Printedon recycledpaper. Division of Waste Management 701

.328.5166 Division of WaterQuality 701.328

.5210

# --State of 

# NorthDakota Office of the Governor 

### JackDalrymple Governor



### LisaJackson,Administrator April14, 2011

c/oJames B. Martin, RegionalAdministrator U.S. EPA, Region 8 1595 Wynkoop Street Denver, CO 80202-1129
DearAdministratorJackson:
I am submittingto the EnvironmentalProtectionAgency for approval five copies ofrevisions to the State ImplementationPlan for the Control ofAir

### Pollution for the State ofNorth Dakota. The State Health Departmentheld a hearing on August 19,2010,received testimony concerningthe amendments to the Air

### Pollution Control Rules and changes to the State ImplementationPlan. Consideration has been given to the testimony as well as written comments received during the public commentperiod. A copy ofthe hearingrecordis incorporatedwith the revisions. Also, enclosedis arevision to the North Dakota 111(d) Plan for hospital/medical/infectious waste incinerators.
If

### youhave any questions concerningthe revisions, please feel free to contact the Division ofAir 

### Qualityofthe NorthDakotaDepartment ofHealth 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 ImplementationPlan for the Control ofAir Pollution
and
The AirPollution Control Rules

ofthe State ofNorthDakota

NorthDakotaDepartmentofHealth Division ofAir Quality Air Pollution Control Program 918 E Divide Avenue Bismarck,North Dakota 58501-1947
April 2011

### Revisions to the Implementation Plan for the Control ofAir Pollution for the TABLE OF CONTENTS

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

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

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

FORTHE STATE OF NORTH DAKOTA

- SECTION 11.23, Regulation Revisions

### Chapter 11 Section 11.23 RegulationRevisions Public Hearing August 19, 2010
Chapter 23-25 oftheNorth Dakota Century Code providesthe legal authority that empowers the NorthDakotaStateDepartmentofHealthto implementthe AirPollutionControl Lawforthe State ofNorthDakota. Article 33-15 "AirPollutionControl" oftheNorthDakotaAdministrative Code containsthe rules andregulations implementedto control airpollutioninthe State. Article 33-15 consists of25 chapters numbered from 33-15-01 through 33-15-25. There are several different processes by which EPA delegates authority to the State to manage and protect the air quality resources of the State. Historically, the State has gained such authority through the State Implementation Plan process. Two other processes are also used. The first is through direct delegationprocedures and the secondinvolves rules thatdeal withTitle V authorities inthe Clean AirAct. 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 ofAir Contaminants inthe AmbientAir Restricted • Table 1. AmbientAir Quality Standards • Table 2. National AmbientAir Quality Standards Designated Air Contaminant Sources, Permit to Construct, Minor Source Permitto Operate, Title V Permitto 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 ofSignificantDeteriorationofAir Quality • 33-15-15-01.2 Scope

The "Revision Summary" is presented which shows all ofthe changes made to the North Dakota Air Pollution Control Rules. However, only the previously listed sections are revisions to the State Implementation Plan. The revised sections are included as Appendix C of this State Implementation Planrevision.

### SECTION II HEARING RECORD



### Appendix A ofthePlan

### SUMMARY OFPROCEEDINGS 

### The North Dakota Department of Health, prior to revising the Implementation Plan and Air Pollution Control Rules, conducted apublic hearing on the planandrules. Reasonable notice as required by Title 40 ofthe Code ofFederal Regulations, Section 51.102, Public Hearings, and as required by the North Dakota Century Code, Chapter 23-25 was given. Notice ofthe public hearing was provided by two publications in each ofthe official county newspapers in the State. The first 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 oneweekbeforethe hearing. The Administrator of the Environmental Protection Agency, the Directors of the Minnesota Pollution Control Agency; the Natural Resources Program Administrator for the State ofSouth Dakota; the Chief of the Air Quality Bureau, Montana State Department of Environmental Quality; Indian governing bodies within North Dakota; Federal Land Managers ofClass I areas withinNorthDakota;theBureauofNationalAffairs andmanyinterestedpartieslistedonthe State Department ofHealth Air Pollution Control mailing list, were notified ofthe public hearing. The revisions to the ImplementationPlanandthe amendments to the Air Pollution Control Rules were made available for public inspection 30 days priorto the public hearing. TheNorthDakotaDepartmentofHealth submittedadraftcopyoftheproposedrulechangesto the Environmental Protection Agency. Copies ofthe record ofthe hearing were furnished to the public upon request. Copies ofthe notice ofpublic hearing and certification that the hearing was held in accordance with the notice as required by Section 51.102, Public Hearings, Title 40 ofthe Code ofFederal Regulations, are included in Appendix A ofthis document. As required by the North Dakota CenturyCode, Chapter23-25,therevisionstotherules werereviewedbytheAirPollutionControl Advisory Council and any recommendations considered by the North Dakota State Health Council. Following review and consideration by the State Health Department, the rules were consideredand adoptedbytheNorthDakotaStateHealth Council. The legal opinionofthe State Attorney General that the amendments are legal, valid and have the force and effect oflaw was obtainedbefore final adoption oftherules. The legal opinionofthe Attorney Generalis included in Section V ofthis document and will be included in Appendix D ofthe original SIP document maintainedin the Department offices.

### HEARINGRECORD AirPollution Control Rules Revisions and State ImplementationPlanAmendments

NorthDakotaDepartment ofHealth AirPollution Control Program

Hearing Date: August 19, 2010

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

### Amendments to North DakotaAirPollution Control Rules Effective April 1, 2011 04/04/11

Chapter 33-15-01

- General Provisions was updated to change the date of incorporation by reference ofthe definitionofvolatile organic compoundsto 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 longerapplicable languagein Sections 2 and 7, was deleted.

Chapter 33-15-12- Standards ofPerformance 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 incorporatedby reference. Chapter 33-15-13- Emission Standards for Hazardous Air Pollutants was revised to change the date ofincorporationby referenceto 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 ofChapter 2 is a designated source category; and 4) to indicate that only stationary sourcesthatare subject to a federal requirement is a designated source category. Section 2 was revised to eliminatethe requirement that all owners oroperators ofsources subject to an NSPS are required to obtain a Permit to Construct and to eliminate the condition for exemption from thepermittingrequirements thatno NSPS orNESHAP 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 Tailoringrule for greenhouse gases. Section 10 was revisedto update the date for incorporationby referenceto July 2, 2010. /

### Chapter 33-15-15- Prevention ofSignificant Deterioration ofAir 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 compatiblefor incorporationby reference. Chapter 33-15-21 -Acid Rain Program Sections 8.1, 9 and 10 were revised to change the date for incorporationby referenceto 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 stationaryreciprocating engines at major sources was added.

### Abbreviated Notice ofIntentto Adopt and Amend Administrative Rules Relating to AirPollutionControl NorthDakotaDepartmentofHealth and Air Pollution Control Advisory Council

willholdapublichearingto addressproposedchangestotheN.D. Admin. CodeArticle 33-15 and the State ImplementationPlan (SIP) for the control ofairpollution.
4th Floor Conference Rm. Gold Seal Center 918 E DivideAve. 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 ofthe proposed rules may be obtained by writingto theNorthDakotaDepartmentofHealth,DivisionofAirQuality, 918 EDivideAvenue, 2"d Floor, Bismarck, ND 58501-1947 or calling (701 )328-5188. Written comments may be submitted to the above-address from July27, 2010 through August30, 2010. Ifyou plan to attendthepublichearing andwillneedspecial facilities orassistancerelatingto adisability, please contact the Department ofHealth at the above-address at least seven days prior to the public hearing.
Datedthis 28th day of June2010 Terry 

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

# ~~ NORTH DAKOTA**~"** DEPARTMENT

### ofHEALTH

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 ofthe 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 Permitto Operate Prevention ofSignificant Deterioration Changesto 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

- Chapter33-15-22

- Standards for Performance for New Stationary Sources Emissions Standards for Hazardol!S AirPollutants Title V Permitto Operate Acid RainProgram Emission Standards for Hazardous Air Pollutants for Source Categories
We are providing these documents to you so that your staffcan 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 I9, 20I0 at the Department's 4th Floor conference room at 9\8 E. Divide Ave., Bismarck, ND at 9:00a.m. CDT.
Ifyou have any questions, please feel free to contact me orTom Bachman ofmy staffat (701)328-5188.

# r?~o~ Terry L. O'Ciair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 

### 7, 2010

Division ofAir Quality Minnesota Pollution Control Agency 

### 520 Lafayette Road St. Paul, MN 

### 55155
Ladies/Gentlemen: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax} www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 theproposedchanges. Thehearing is scheduled forAugust 

### 19, 2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyou have any questions, pleasecontactTom Bachman ofmy staffat 

### (701 )328-5188. Sincerely, / 

# 7 a&.vt
Terry L. O'Clair, P.E. Director Division ofAirQuality
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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### of HEALTH



### July 7, 2010

Mr. JohnBunyak ChiefofPolicy Planning & 

### Permit Review Branch National ParkService-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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d 

### Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 regardingtheproposed 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 presenttestimony at the hearing.
Ifyouhave any questions, please contact Tom Bachman ofmy staffat (701 )328-5188. Sincerely, 

# e:L ot**~** Terry 

### L. O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

## NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July7,2010

Ms. Sheila Crawford-Oliver Water Resource Unit Sisseton-Wahpeton Dakota Nation Old Agency Box 509 Agency Village, SO 57262-0509
DearMs. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, 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 regardingthe proposed changes. The hearing is scheduledfor 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 invitedto attend andpresenttestimony at the hearing.
Ifyou have any questions, please contact Tom Bachman ofmy staffat (701)328-5188.

# ~od Terry

# ~r, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section ChiefsOffice 701.328.5150 Division of Air Quality 701.328.5ffi8 · Division of Municipal Facilities

701.328 5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### July 

### 7, 2010

Tribal Chairman Turtle Mountain Tribe Belcourt, NO 

### 58316
DearTribal Chairman: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 theproposed changes. The hearing is scheduled for August 

### 19, 201 0. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony at the hearing.
Ifyouhave any questions, pleasecontactTom Bachmanofmy staffat 

### (701 )328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 

### 7, 2010

Tribal Chainnan Three Affiliated Tribes Fort BertholdIndian 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony at the hearing. lfyouhave any questions, please contact Tom Bachman ofmy staffat 

### (701)328-5188. Sincerely,

Terry 

### L. O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of · Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENTofHEALTH



### July7,2010

Tribal Chairman SpiritLake Tribe P.O. Box 359 FortTotten,ND 58335
DearTribal 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe 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 scheduledfor 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 sentto the address listed above.
You are invited to attend and present testimony atthe hearing.
Ifyouhave any questions, pleasecontactTom Bachmanofmy staffat (701)328-5188. Sincerely,

Terry L. O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### July 7, 2010

Tribal Chainnan Standing RockSioux Tribe Fort Yates, ND 58538
DearTribal 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 scheduledfor 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 sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyou have any questions, please contactTom Bachmanofmy staffat (701)328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 2"d Floor, Bismarck, 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 theproposed 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 sentto the address listed above.
You are invited to attend and present testimony at the hearing.
Ifyouhave any questions, please contactTom Bachmanofmy staffat 

### (701)328-5188.

Terry L. 

### O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printed on recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# ~ NORTH DAKOTA

, DEPARTMENT

### of HEALTH



### July7,2010

DepartmentofEnvironmental Quality Air QualityDivision Montana State Department of Health & 

### Environmental Services MedcalfBuilding 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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. Thehearing 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 sentto the address listed above.
You are invited to attend andpresenttestimony atthehearing. If

### you have any questions, pleasecontactTom Bachmanofmy staffat (701 )328-5188. Sincerely,

### ~

# --------Te~air,P.E Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

# ~ NORTH DAKOTA

, DEPARTMENT

### of HEALTH



### July 

### 7, 2010

Administrator Natural Resources Program Environmental Regulation Division SouthDakotaDepartment of Environmentand Natural Resources 

### 523 E. Capitol Avenue Joe Foss Building Pierre, SD 

### 57501
Ladies/Gentlemen: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 regardingthe 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 sentto the address listed above.
Youare invitedto attend andpresenttestimony atthe hearing.
Ifyou have any questions, please contact Tom Bachmanofmy staffat 

### (701 )328-5188. Sincerely,

TerryL. O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010

Ms. Gail Fallon (8P-AR) U.S. EPA- Region VIII 1595 Wynkoop Street Denver, CO 80202-1129
DearMs. Fallon: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax} www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe NorthDakota 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 theproposed changes. Thehearing is scheduledfor August 19, 2010. TheDepartment welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
Youare invitedto attend and presenttestimony atthehearing.
Ifyou have any questions, pleasecontactTomBachmanofmy staffat (701)328-5188. Sincerely,

TerryL. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### July6,2010

Ms. TinaAnderson DEQ- Air Quality Division State ofWyoming 1866 S. SheridanAve. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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. TheDepartment welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyouhave any questions, please contactTom Bachman ofmy staffat (701)328-5188. Sincerely, 1 /

# --~oC-kq Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### July 6, 2010



### Mr. Kevin Johnson Env. Contaminants Specialist U.S. Fish & 

### Wildlife Service 3425 

### Miriam Avenue Bismarck, NO 58501-7926


### DearMr. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 

### E. Divide Ave., 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 regardingthe proposed changes. The hearing is scheduled for August 19,2010. 

### The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyouhave any questions, please contact TomBachmanofmy staffat (701)328-5188.



### Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 

### 6, 2010



### Mr. Ken Tupa ND AssociationofNurseAnesthetists 

### P.D. Box 

### 2264 Bismarck, ND 

### 58502-2264
DearMr. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 2"d Floor, Bismarck, ND or at the Department's website at www.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 regardingtheproposed changes. The hearing is scheduled for August 

### 19, 2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyou have any questions, please contactTomBachmanofmy staffat 

### (701 )328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENTofHEALTH



### July 

### 6, 2010

Ms. Ruth Jensen NorthemBorderPipeline Company 

### 13710 FNB Parkway Omaha, NE

### 68154-5200
DearMs. Jensen: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 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 staffmay have regarding the revisions. All comments received byAugust 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend andpresenttestimony atthe hearing.
Ifyou have any questions, please contactTom Bachman ofmy staffat 

### (701)328-5188.

# ------8-i-n~

# oe4

Terry L. 

### O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section ChiefsOffice 701.328.5150 Division of Air Quality 701.328.5188 Division of Municipal Facilities

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

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### July 6, 2010

Mr. M.E. Bonnickson WCK4508 Shell Western E&P, Inc. P.O. Box 576 Houston, TX 77001-0576
DearMr. Bonnickson: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyou have any questions, please contactTom Bachman ofmy staffat (701 )328-5188.

Terry L. 

### O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010



### Ms. Mary Jo Roth Great RiverEnergy 12300

### Elm CreekBoulevard 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 

### E. Divide Ave., 2"d 

### Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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. Thehearing is scheduled for August 19,2010. 

### The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend andpresenttestimony at the hearing.
Ifyou have any questions, please contactTomBachmanofmy staffat (701)328-5188. 

### Sincerely,
1 /

# --~0~ Terry L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, 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 regardingthe proposed changes. The hearing is scheduledfor August 19, 2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony at the hearing.
Ifyouhave any questions, please contactTom Bachmanofmy staffat (701)328-5188.

# ~ad Terry 

### L. O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010



### Lignite Energy Council 1016 

### E. OwensAve. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe 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. Thehearing 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 invitedto attend andpresenttestimony at thehearing.
Ifyou have any questions, please contactTom Bachmanofmy staffat (701)328-5188. 

### Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# ~ NORTH DAKOTA ' DEPARTMENTofHEALTH



### July 

### 6, 2010

Environmental Manager AmericanCrystal Sugar 1

01Third StreetN Moorhead, MN 

### 56560 ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, N D58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Rules. The proposed rule changes may be viewed at the office ofthe 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 regardingthe proposed changes. The hearing is scheduled for August 

### 19,2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and present testimony atthe hearing.
Ifyou have any questions, please contactTom Bachman ofmy staffat 

### (701 )328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010



### Mr. Mark Trechock DakotaResource Council 113 

### W. First Street P.O. Box 1095 

### Dickinson, NO 58604

# Dear~:4JENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North DakotaDepartment 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 regardingthe proposed changes. The hearing is scheduled for August 19,2010. 

### The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing. Ifyouhave any questions, please contact Tom Bachman ofmy staffat (701)328-5188

.

# .---S-i-nc-e~

# acL

Terry L. 

### O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 hearingis scheduled for August 

### 19,2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyouhave any questions, please contactTom Bachman ofmy staffat 

### (701)328-5188. Sincerely,

Terry L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA**~** DEPARTMENT

### ofHEALTH



### July 6, 2010

Mr. David Clark Petro-Hunt LLC 3900ThanksgivingTower 1601 Elm Street Dallas, TX 75201
DearMr. Clark: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 

### E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 proposedchanges. The hearingis scheduledfor 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 sentto the address listed above.
You are invited to attend and present testimony atthe hearing.
Ifyouhave any questions, please contactTomBachmanofmy staffat (701)328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~~ NORTH DAKOTA**~~** DEPARTMENTofHEALTH



### July6,2010

Mr. Rodney Krogh PlantManager Petro-HuntL.L.C. 813- 123rdAvenue SW Killdeer, ND 58640
DearMr. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyou have any questions, please contactTom Bachman ofmy staffat (701)328-5188. Sincerely, 

# c4

C)/

.

# -~ Terry L. O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010

Ms. VictoriaParkerChristensen U.S. EPA- Region VIII (8P-AR) 1595 Wynkoop Street ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Denver, CO 80202-1129 

### Dear

# M~en:**);},~** 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air 

### Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and present**testimon~** 

### atthe hearing.
Ifyouhave any questions, please contact Tom Bachmanofmy staffat (701)328-5188.

# -----Sinre~~ Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### July6,2010

RegulationsManager StateNet 2101 K Street Sacramento, CA 95816
Ladies and Gentlemen: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 regardingthe proposed changes. Thehearing 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 andpresenttestimony atthe hearing.
Ifyou have any questions,please contactTom Bachman ofmy staffat (70 1 )328-5188.

Terry L. O'Clair, P.E. Director DivisionofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, 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 ofthe hearing record. Comments must be sent to the address listed above.
You are invited to attend and presenttestimony at the hearing. 

### Ifyou have any questions, pleasecontact TomBachmanofmy staffat (701)328-5188.

# ~0~ Terry L. 

### O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# d NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### July 6, 2010

Mr. LawrenceBender Pearce & 

### Durick 314 E ThayerAvenue P.O. Box 400 Bismarck, ND 58502

## Dear~~~~ ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 {fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North DakotaDepartment 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 regardingthe 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 sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyouhave any questions, please contactTomBachman ofmy staffat (701)328-5188. Sincerely,

Terry 

### L. O'Clair, P.E. Director DivisionofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### 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. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FIL

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 

### 2"d Floor, Bismarck, 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 regardingthe proposed changes. The hearing is scheduledfor 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 sentto the address listed above.
You are invitedto attend and present testimony atthe hearing.
Ifyou have any questions, please contact Tom Bachmanofmy staffat (701 )328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENTofHEALTH



### July 6, 2010



### Mr. Steven D. Strege ND Grain Dealers Association BlackBuilding, Suite 606 118 Broadway Fargo, ND 58102
Dear Mr. Strege: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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. Thehearing 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 sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyouhave any questions, pleasecontactTom Bachmanofmy staffat (701)328-5188. Sincerely,

# ----~ad Terry 

### L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### July 6, 

### 2010

Ms. Abbie Krebsbach Montana-Dakota Utilities Co. 

### 400 NFourth 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 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 staffmay have regarding the revisions. All comments received by August 

### 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyou have any questions, pleasecontactTom Bachman ofmy staffat 

### (701 )328-5188.

# ----8-in_c.-e~d Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH



### July 6, 2010



### Mr. John T. Graves Minnkota PowerCooperative P.O. Box 13200 

### Grand Forks, ND 58208-3200

# Dear~:::;;;ft,J ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 

### E. Divide Ave., 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 regardingthe 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 sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyou have any questions, please contactTom Bachman ofmy staffat (701 )328-5188.



## _____

# s~_·n_re~

# d

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010



### Stevan G. Dewald, PE LightowlerJohnson Associates 700 

### MainAvenue P.O. Box2464 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 

### E. Divide Ave., 2"d 

### Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 theproposed changes. Thehearing is scheduled for August 19,2010. 

### The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyou have any questions, please contactTom Bachinanofmy staffat (701 )328-5188.

# ~~ Terry L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July6,2010

Ms. PaulaKoble Gores DakotaWestmoreland Corporation P.O. Box 39 Beulah, ND 58523-0039
DearMs. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, 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 scheduledfor 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 sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyou have any questions, please contactTom Bachmanofmy staffat (701)328-5188. Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July6,2010

Hogenson Construction, Inc. P.O. Box777 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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. Thehearing 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 sentto the address listed above.
You are invitedto attend and presenttestimony at the hearing.
Ifyou have any questions, pleasecontactTom Bachman ofmystaffat (701)328-5188.

# ~d Terry L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. 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 MotorCompany 1201

### NWBriarcliffPkwy #315 

### Kansas City, MO 64116-1774


### DearMr. Crawford: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 

### E. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe NorthDakota 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyou have any questions, please contactTomBachman ofmy staffat (701)328-5188. 

### Sincerely,

Terry L. 

### O'Clair, P.E. Director Division ofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### 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. DivideAve. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov



### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 

### E. Divide Ave., 2"d 

### Floor, Bismarck, 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 staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony atthehearing.
Ifyouhave any questions, pleasecontactTom Bachmanofmy staffat (701)328-5188. 

### Sincerely,

Terry L. 

### O'Clair, P.E. Director DivisionofAir Quality
TLO/TB:csc Enc:

Environmental Health Section Chiefs Office 701.328.5150 Division of AirQuality 701.328.5188 Division of Municipal Facilities

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

# ~ NORTH DAKOTA

, DEPARTMENT

### ofHEALTH



### July 6, 2010

Mr. D. Randall Crooke FalkirkMining 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 regardingthe 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyouhave any questions, please contactTom Bachman ofmy staffat (701 )328-5188.

# ~d**Terry~r,** P.E. Director Division ofAir 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 Printedon recycledpaper. 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 ENSRConsulting 1601 ProspectParkway Ft. Collins, CO 80525-9769
DearMr. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 theproposed changes. Thehearingis scheduledfor August 19,2010. TheDepartment 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 sentto the address listed above.
You are invited to attend and presenttestimony atthe hearing.
Ifyou have any questions, please contact Tom Bachmanofmy staffat (701)328-5188.

# ~-7d Terry L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 2010



### Ms. DonnaBauerOwen EHS Manager Burlington Resources P.O. Box 51810 

### Midland, TX 79710-1810


### DearMs. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe 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 scheduledfor August 19,2010. 

### The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 

### will be included as part ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend andpresenttestimony atthe hearing.
Ifyou have any questions, please contactTomBachmanofmy staffat (701)328-5188.

# ;:;~ad Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### of HEALTH



### July6,2010

Ms. DeborahLevchak BasinElectricPowerCoop. 1

717 E InterstateAvenue 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. Theproposed rule changes may be viewed at the office ofthe 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 theproposed changes. The hearing is scheduled for August 19, 2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received byAugust 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
Youare invitedto attend and presenttestimony atthe hearing.
Ifyou have any questions,pleasecontactTomBachmanofmy staffat (701)328-5188. 

# ;:;-7CJC!L

Terry 

### L. O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### July 6, 

### 2010



### Mr. Robert

### L. Ericksen BasinElectric Power Coop. 

### 1717E Interstate Avenue 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 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 theproposed 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 sentto the address listed above.
You are invited to attend and presenttestimony at the hearing.
Ifyouhave any questions, please contactTom Bachmanofmy staffat 

### (701)328-5188.

# ~od Terry 

### L. O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. 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
DearMr. 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 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 ofthe hearing record. Comments must be sentto the address listed above.
You are invitedto attend and presenttestimony atthe hearing.
Ifyou have any questions, please contact Tom Bachmanofmystaffat (701)328-5188.

# ~_;od Terry L. 

### O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of Water Quality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### ofHEALTH



### 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. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov



# FILE

Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 918 E. Divide Ave., 

### 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 regardingtheproposed changes. Thehearing is scheduled for August 19, 2010. The Department welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.

You are invitedto attend and presenttestimony at the hearing.

Ifyou have any questions, pleasecontact Tom Bachmanofmy staffat (701)328-5188. Sincerely,

# ~~od Terry L. O'Clair, P.E. Director DivisionofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

### NORTH DAKOTA DEPARTMENT

### of HEALTH



### July 

### 6, 2010

AmeradaHess Corporation 113 Fourth StreetE 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 ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may be viewed at the office ofthe North Dakota Department of Health, 

### 918 E. Divide Ave., 

### 2"d Floor, Bismarck, ND or at the Department's website at www.ndhealth.gov/EHS/PublicNotices.aspx. A copy 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 regardingthe proposed changes. Thehearing is scheduled for August 

### 19,2010. TheDepartment 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 sentto the address listed above.

You are invitedto attend andpresenttestimony atthe hearing.

Ifyouhave any questions, pleasecontact Tom Bachmanofmy staffat 

### (701)328-5188.

# ~~cL Terry L. 

### O'Clair, P

### .E. Director DivisionofAir 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 Printedon recycledpaper. 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 MinotAFB, ND 58705-5006
Ladies/Gentlemen: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# F!L

OOlllllllllillll

### Attached is a summary ofthe proposed amendments to the North Dakota Air Pollution Control Rules. The proposed rule changes may.be viewed at the office ofthe North DakotaDepartment 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 regardingthe proposed changes. Thehearingis scheduledfor August 19, 2010. TheDepartment welcomes any comments you or your staffmay have regarding the revisions. All comments received by August 30, 2010 will be included as part ofthe hearing record. Comments must be sentto the address listed above.
Youare invitedto attend and presenttestimonyatthe hearing.
Ifyouhave any questions, please contact TomBachman ofmy staffat (701)328-5188.


### -Since;,

# ~**(__/~.** 

### Terry

### L. O'Clair, P.E. Director Division ofAir 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 Printedon recycledpaper. Division of Waste Management 701.328.5166 Division of WaterQuality 701.328.5210

# ~~ NORTH DAKOTA**~ DEPARTMENT~[**  HEALTH

ForImmediate Release: Aug. 16, 2010 

# NEWSRELEASE

ForMore Information, Contact: Tom Bachman, Environmental Engineer North Dakota DepartmentofHealth Division ofAir Quality Phone: 701.328.5188 E-mail:**t_gpcJ!ID~\l}(£!:,1_1c_l,gg_y** 

### AirPollution ControlAdvisory Council Schedules PublicHearing BISMARCK, N.D.- The North Dakota AirPollution Control Advisory Council and the North Dakota DepartmentofHealth 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 airpollution. The public hearing will be held Aug. 19, 2010, at 9 a.m. COT in the Fourth Floor Conference Room atthe Gold Seal Center, 918 E. Divide Ave., Bismarck, N.D.
The primary amendments to the North DakotaAir Pollution Control Rules include changes to the following: • Prevention ofSignificant Deterioration Program • Ambient air quality standards • Title V Permitto 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 ofAir Quality, North Dakota Department ofHealth, 918 E. Divide Ave., Bismarck, N.D. 58501-1947.
The Air Pollution Control Advisory Council is a nine-memberpanel that considers and makes recommendations regarding the adoption, amendment orrepeal ofrules and standards pertaining to North Dakota air quality.
Formore information, contact Tom Bachman, North Dakota DepartmentofHealth, at 701.328.5188.

-- 30

-- Please note: To accessarchivednews releases andother information, visittheNorth Dakota Departmentof Health PressRoom 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: hcalthi(i,:rtd.gov

Visit thehealth department homepageat www.ndhealtlt.gm·.

# Affidavit of Publication

Colleen Park, being duly sworn, states as follows:
1. I am the designated agent, underthe provisions and for the purposes of, Section 31-04-06, NDCC, for the newspapers listed on the attached exhibits.
2. The newspapers listed on the exhibits published the advertisement of: 

### ND Health Department- Air Pollution Control Administrative Rules; 2 time(s) as required by law orordinance. 3. All ofthe listed newspapers are legal newspapers in the State ofNorth Dakota and, underthe provisions ofSection 46-05-01, NDCC, are qualified to publish any public notice orany matter required by law or ordinance to be printed or published in a newspaper in North Dakota.

LINDA J. JUDD 4 Notary Public • State of North Dakota**~** MyCommission Expires July 9, 2014**~**Order 28075-10075NDO Attn: TOM BACHMAN 

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

## INVOICE

Invoice# 133706 August6, 2010 Advertiser: Division ofAirQuality P.O.#: ND HEALTHDEPARTMENT 600 EBOULEVARDAVE. DEPT.301 AmountDue 

### $3,563.60 BISMARCK, ND 58505-0200 Voice: 701.328.5188 Fax: 701.328.5200 AmountPaid

DivisionofAirQuality Invoice# 28075-10075ND0-13370 AdSize Rate Type Rate Page RunDate

AshleyTribune (AshleyNO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control

.07/14/10 AshleyTribune (AshleyNO) 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 BismarckTribune (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 CountyTribune (Bowbells NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 Bowbells Burke CountyTribune (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 CandoTowner Co Record Herald (Cando NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 Cando TownerCo Record Herald (Cando NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07117110

North Dakota NewsoaoerAssociation 08/06/10 OneSvs rbondawilliams II rbondaw Page IDivision ofAir Quality Invoice# 28075-10075ND0-133706 AdSize Rate Type Rate Total Discount r'AI) Caption Page RunDate
COUNTY Carrington FosterCo 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 CavalierChronicle (Cavalier NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 CavalierChronicle (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 GriggsCountyCourier(Cooperstown NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 Cooperstown GriggsCountyCourier(Cooperstown NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 CrosbyTheJournal (Crosby ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 CrosbyThe Journal (Crosby NO) 5.50 SPR1 5.57 Did NotRun 0.00 Air Pollution Control 07/21/10 CrosbyThe Journal (Crosby NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/28/10 Devils Lake DallyJournal (Devils Lake ND) 5.50 SPR1 7.57 41.64 0.00 Air Pollution Control 07/12110 Devils Lake DailyJournal (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 GrantCountyNews (Elgin NO) 5.50 SPR1 5.57 30.64 

## o:oo Air Pollution Control 07/14/10 Elgin GrantCounty News (Elgin NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/21/10 Ellendale DickeyCo Leader (Ellendale ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10 Ellendale DickeyCo Leader (Ellendale NO) 5.50 SPR1 5.57 Did Not Run 0.00 Air Pollution Control 07/22110 Ellendale DickeyCo 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 FinleySteele CountyPress (Finley NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10

NnrthDalrnta New•nanerA•sociatinn ORIO/i/10 OneSv• rhnndllwillillm• 1i mnndawDivisionofAirQuality Invoice# 28075-l007SNDO-l33706 AdSize Rate Type Rate Total Discount f'/o) Caption Page RunDate
COUNTY FinleySteele CountyPress (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 HarveyThe Herald-Press (Harvey NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 HarveyThe 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 HettingerAdams Co Record (Hettinger NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 HettingerAdams 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 CountyHerald (Killdeer ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 Killdeer Dunn CountyHerald (Killdeer ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 LakotaAmerican (Lakota ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 LakotaAmerican (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 LaMoureChronicle (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 CountyRecord (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

NorthDakota NewsoaoerAssociation 08/06110 OneSvs rbondawilliams IImondaw Pa2e3DivisionofAirQuality Invoice# 28075-10075ND0-133706 AdSize Rate Type Rate Total Discount (%) Caption Page RunDate
COUNTY Lisbon Ransom CountyGazette (Lisbon ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/12/10 Lisbon Ransom CountyGazette (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 CountyTribune (Mayville ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 Mayville*Tralll CountyTribune (Mayville NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 01117110 McCluskyGazette (McCluskyND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/15/10

·McCIuskyGazette {McCiuskyND) 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 BillingsCo Pioneer(Beach NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/22/10 MilnorSargent CountyTeller (Milnor NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/09/10 MilnorSargentCountyTeller (Milnor ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/16/10 Minnewaukan BensonCo Farmers Press (Minnewaukan ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 Minnewaukan BensonCo 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 CountyFarmer(Mohall ND) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 Mohall Renville CountyFarmer (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 EnglandThe 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

NorthDakota NewsoaoerAssociation 08106/10 OneSvs rbondawilliams IIrhondaw Pal!e4Division ofAirQuality Invoice# 28075-10075ND0-133706 AdSize Rate Type Rate Total Discount ("AI) Caption Page RunDate


### COUNTY Rolla Turtle Mountain Star (Rolla NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/19/10 Rugby Pierce CountyTribune (Rugby NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/10/10 Rugby Pierce CountyTribune (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 & KidderCo. Press (Steele NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07121110 Towner Mouse RiverJournal (Towner NO) 5.50 SPR1 5.57 30.64 0.00 Air Pollution Control 07/14/10 Towner Mouse RiverJournal (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 CityTimes-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 CityNO) 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 TotalMise 0.00 AmountPaid ' 0.00 AgencyDiscount Tax 0.00 Adjustments 0.00

OtherDiscount 0.00 TotalBilled 3,563.60 PaymentDate ServiceCharge 0.00 Unbilled 0.00 BalanceDue 3,563.60

Yourpayment Isdue upon receipt. Thankyou In advanceforyourpromptpayment!

NorthDakota NewsnanerAooociatinn OR/M/10 o
.....Sv• mnNI•willi•m•ll mnNI•w/



### :ver

erl 

### vas· l'ed·. l8n rite

ad OU. '· 11-

. :ht,. ad r Cll \•lllllt:l I.011UI !;,II.**::>~;;1,;•** retary for Zion Lutheran Church. Mornings, 15-20 · hours perweek. Must be computer literate and workwell

.with people. St!'!rting ·date, August 1, 2010. Send resume by July

· 23to Gary Jenner,

9910 Hwy3, Ashley, · NO 58413 

# BarberShop willbe·closing JULY 

# 16 & REOPEN ON AUG.

# 3

ABBREVIATED NOTICEOFINTENT·



### .TOADOPT&AMEND ADMINISTRATIVERULES relatingto
· AirPollution Contml 

### o/.':J,J · ttasement 'tr 

## -North Dakota Department of ·Health andAir· >n

lC
lS
I .e


# . -· :s



# . ,, e 1 •ASHLEY, NORTH .DAKOTA-613 CenterAve N; 3bedroom Split Level, Interiorwalls all recently painted 2010. IncludeS appliances. Central Vac, wood burner and kitchenette on secpnd level. Large.dlnlng and living room. Newductworkand· ·· Jots ofstorage. Patio doorleads to spacious backyard on
· tower level. Two stall attached garage at rearof home. Lo·

cated right across the streetfrom the Hospital. $55,000.ACCEPTING OFFERS.
•ZEELAND, NORTH DAKOTA-The home Is avery)lice 2, story home with single stall attached garage, new porch, 1 bedroom on main floor, full bath, 2bedrooms upstairs and half-bath, electric heat, newwindows. Flooring is updated.
•DANZIG, NORTH DAKOTA-North of Danzig (Ashley/Wishekarea), 43 +1- acreswith Farmstead. Two·bed· room home, barns and outbuildings. South of Green Lake. Great fishing &hunting area. Land is mostlygrass and alfalfa**~** · atthe presenttime. Will lookatall offers.

1



## .. ·MCINTOSH COUNTY, NORTH DAKOTA-160Acres, Consists of Pasture, cropland, &low land. SuperhuntingArea
•ASHLEY, NORTH DAKOTA-East ofAshley, 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. 10.32acres seeded into alfalfa & grass. Newwell &septic tank, electricity, high speed Internet &cable at the site.'Super location.

CALL FRANCES HOFFMAN AT 701-321-5696 

## Pollution Control AdvisoryCouncil hold a public hearing to proposedchangestothe Admin. Code Artide 33-15 and the State Implementation Plan (SIP) for the control of air poll\ltiOn; 

### 4thAoorConferenceRm. 

### GoldSealCenter 918**~Divide**

### Ave.

Bismarek,

### ND Thurs.,Aug.19,2010 

### 9:00am.CDT Acopy.ofthe proposed rules may be viewedattheDepartmenfswebsiteat: www.n**he'alth.gov/E~S/** PublllcNcltlce:s.aslpx. Acopy of the may be obtained by NorthDakotaDepartment Divisionof flJr**~.**918E. DlvkleAve., 2nd FlOOr, Bismarck, NO 58501-1947 orcamng(701)328-5188. Writtencommentsmaybesubmittedto theaboveaddressfn:im July27,2010 throughAugust30,2010. Ifyouplanto attendthe ptJbffc hearingandwrll need special facilities orassistanc:e relating toadisability, please contactthe DepL ofHealthattheaboveaddressatleast seven (7) days prior to the public hearing. Datedthis28tlldayofJune2010. TenyLO'Cialr,P.E. Director,Divisionof Ai'Quality OfficialNewspaperof McintoshCountyand et1iesandschooldistricts ofAshleyand 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·atWishek. ·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 ofan ad orfor 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 

# /v YV! 

# t3a.

## c._h YV1

### a-v- 

# 9/c:r

# t.**D~** 

## .;,· rk ·**BdfVI~** 

# AJD}) 

# t--1**Va.n~** 

# s**s~ -Mi~t~l.fJ**  1/)tj"-) 

## u'JvAKDoD/

## g

## l»t?~/2; FJ?A**Pd/Jt~** t//1l 

# G'all Falfn/7 1srl!J

# r 

# w.A"'f**~,**

# s;.**~** B /). 

# In

.d AJ:.- I JJ II 

# D**/a~** 

## 3/aJJt£1./t/ • r 

## {;12& p 

## 4/L./-('!Cf/1r ..._5f, 

### fii{J/**~(',~**

## ~

## or~ /7LO" 

# +L**o~~~~b** lAG 

# t.A (0-1 

## ;J

## b 

# bot+**~~LJ** 

# .. {bj

## ~60/)**~~**....

# (L 1?..1**~lY'** 'Vzd(

# w.-f.,.,...._**f4.tt~ew**.. 

# 1<'n n. 

# J-1-el\ke..**UJ~ ~~** **~'~V'o..r-1.** 

# IJ-u-r;;,o-( 7 

# 5c..o# Sl.L.!KG)S 

# l(.)s'It 

## 3f'4

## /tV£~ 

# !JAbfit /afrJVI/.1 UJrJIIC•t. 

# X



# -

''""'"'''·



# -

### Public Hearing Air Pollution ControlRules August 19, 2010 9:00a.m. CDT- Gold SealCenter



### I am Diane Stockdilland I will

### be acting as hearing officer for this public hearing. 

### Itis now 9:00 a.m. on August 19thinthe Gold Seal Center. Atthis time, Iopenthis 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

. deliberationandfinal decision. Thecommentsreceived atthishearingwill beconsideredwithany

written comments that are received and the Department ofHealth will present its consideration of all the comments in writing. You may request a copy ofthe written response and one will be providedto you. Thishearingis beingtaped and we askeveryoneto use the podium so that the tape will be ofgood quality for transcribingpl.U'poses. Please identify yourselffor therecordbefore you speak. Everyone present will be given the opportunity to speak. If you have a prepared statement, a written copyofyour statementis appreciated and will be helpful. A registration sheet has been placed on the table next to the door. I ask that everyone present please signthis sheet and indicate ifyou wish to present oral testimony. Atthis point, Icall on Tom Bachman ofthe Departmentto summarizetheproposed changes. Chapter 33-15-01 -General Provisions is being updated to change the date ofincorporation by reference ofthedefinition ofvolatile 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 apastcompliance date andto incorporate changesmade by EPA inthe October 6, 2009 Federal Register. New Federal Subparts 1111 and JJJJ 

### for stationary internal combustion engines are also being incorporated by reference. Chapter33-15-13 -EmissionStandardsfor HazardousAirPollutantsis beingrevisedtochangethe date ofincorporationby referenceto 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 1is being revised to: 1) indicate that only sourcesthat are subjectto aNewSourcePerformanceStandard(NSPS) whichthe Statehas 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 adesignated sourcecategory;3)to clarifythat any sourcethatcausesorcontributesto a violationofa StateAmbientAir QualityStandardorviolatesany otherprovisionofChapter2 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 anNSPS are required to obtain a Permit to Construct and to eliminate the condition for exemption from the permittingrequirements that no NSPS orNESHAP 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 Tailoringrule for greenhouse gases. Section 10 is beingrevised to update the date for incorporationbyreferenceto 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 Wis beingrevisedto July2, 2010. Otherchanges are beingmade to make 40 CFR 52.21 compatible for incorporation byreference. Chapter33-15-21 -AcidRain Program Sections 8.1, 9 and 10 are beingrevised to change the date for incorporationby reference to July 2, 2010. Chapter33-15-22-EmissionStandardsforHazardousAirPollutantsfor SourceCategoriesisbeing revised to change the date for incorporation by reference to July 2, 2010 and Subpart ZZZZ for stationaryreciprocating engines at major sources is being added.
Inowopenthe hearing for comment. Is there anyone who wishes to presentoral testimony? Scott Skokos withthe DakotaResource Council commentedthat the DakotaResource 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 ofcoming. All ofthe information gathered at this hearing will be provided to the North DakotaDepartmentofHealth, which is the decision-making body. Therecord will be held open for writtencomment 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, AirPollutionControl. Respectfully**Submitte~.** 

### /

## 0~

.Terry L. O'Clair AdministrativeOfficer TLO:saj

3

# ~ NORTH DAKOTA ' DEPARTMENT

### ofHEALTH ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov

CertificationofPublic Hearing

Re: Implementation Plan for the Control ofAirPollution for the State ofNorth Dakota
Certification: The undersigned certifies thatthe public hearing held by the North Dakota DepartmentofHealth on August 19, 2010, for the purpose of receiving and considering testimony and evidence bearing on the proposed revisions to the ImplementationPlan for the Control ofAir Pollution for the State ofNorth Dakota was held in accordance with the notice required by Section 51.102 Public Hearings ofthe Requirements for Preparation, Adoption, and Submittal of Implementation Plans, Code of Federal Regulations, Title 40, ChapterI, SubchapterC, Part 51.

Date: April4, 2011

Affidavit:
State ofNorth Dakota County ofBurleigh
On the 41 h day ofApril 2011 before me personally appeared Tom Bachman, who having been duly

sworn, statedthatto the best ofhis knowledge and beliefthe statements in the foregoing certificatin are true.

Environmental Health Section Chiefs Office 701.328.5150 Division of Air Quality 701.328.5188 Subscribedand swornto before me Sherri A. Jahraus Type, Printor StampName

North Dakot My Commis SHERRIA. JAHRAUS on expites Notary Public**~late** of North DaRota My Commission Expires Oct. 18, 2014

Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. 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

ofthe State ofNorthDakota

Public Comment Period July 27, 2010- August 30, 2010

North DakotaDepartmentofHealth Division ofAir Quality 918 E Divide Avenue, 2nd Floor Bismarck, ND 58501-1947

### Table ofContents



### Summary ofComments and Responses 1. Oral Comments 2. Written Comments onRules
Environmental Protection Agency Comments And Department'sResponse
Dennis Kost Comments

### 1. Oral Comments Summary ofComments 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 submittingdetailed written comments by August 30, 2010. Response: 

### Note that the DRC did not submit written comments on the rule revision. Since no details ofthe 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 ifthe modelingprocedures 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 ofthe 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 contaminantemissions 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 stringentto protect public health. Response: 

### The North DakotaAir 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 inthe 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.

2UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8

Ref: 8P-AR

Terry O'Clair, Director Division ofAir Quality Enviromnental Health Section North Dakota Department ofHealth 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 30 201n

RE: EPA Comments for August 19,2010 Public Hearing on Proposed Revisions to the North Dakota AirPollution 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. Ourcomments and questions for the August 19, 2010public hearing are detailed in Enclosure 1to this letter. In addition and as we have done previously, we also included comments on problematic Director's discretion concerns in the chapters noticed for the hearing.
Several proposed revisions listed beloware not appropriate for incorporation into the North Dakota SIP. EPA willtake separate actions on them when submitted. The only comments on these revisions were related to Chapter 33-15-14-06 TitleV Pennitto 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 othercomments received, is required to meet thecompletenesscriteria outlined in 40 CFR Part 51 Appendix V and must be included in the formal Governor's submittal ofthe revisions to the SIP once they are finalized. We emphasize that we will only cometo a final conclusion regarding the adequacy ofthese North Dakota SIP revisions when we act onthem through our ownpublic notice <md comment rulemaking. 

### - 1 -

### We appreciate the opportunity to provide comments for your public hearing. Ifyou 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, 2010Public Hearing
Chapter 33-15-01, General ProYisions
We have previously expressed concerns about Director'sdiscretion language inparts of 33-15-01. lt appears that the State is not proposing to revise those parts of33-15-0J in this action. However, ifthe State ultimately adoptsits 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 youto revise orremove the following sections priorto submittal:
I. 33-15-01-07, Variances. This entire section is problematic because it appears to make variances immediately effective upon Departmentapproval. Underthe CleanAir Act, no variance should be effective until EPA approves it as a SIP revision pursuant to section 110 ofthe 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. Chapter33-15-02, Ambient Air Qualit)' Standards
We note and appreciate that you have addressed ourprevious Director'sdiscretion concern under 33-15-02-07. We have one comment on the proposed revision to S02national 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 S02NAAQS set forth in this section will no longer apply to an area one year afterthe etTectivc date ofthc designation ofthat area, pursuantto section 107 ofthe Clean AirAct, for S02 NAAQS set fotth in 

### § 50.17

..." Chapter33-15-14, Designated Air Contaminant Sources, Permitto Construct, Minor Source Permit 

### to Operate, Title 

### VPermit

### to Operate
4. 33-15-14-02, Permit to Construct and 33-15-14-03, Minor SourcePem1it 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, 

### ifthe 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 orremove sections 33-15-14-02.13.n, 33-15-14-02.I9, and 33-15-14-03.16 priorto submittal.
5. 33-15- J4-02, 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 participationrequirements. We have previously discussed with the State our concerns with this section ofthe rule. Ifthe 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 orremove section 33-15-14-02.6 priorto submittal.
6. 33-015-14-06, Title V Permit to Operate. Under definitions, 33-015-14-06.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 Permitto Operate. Forconsistency, we suggestrevising the first line of33-015-14-06.5.a(9) (on page 14-50)to read, "Terms andconditions for reasonably anticipated alternative operating scenarios

..."



### - 2 -

### NORTH DAKOTA DEPARTMENT

### ofHEALTH

August 31, 2010

Ms. Callie Videtich Director, AirProgram U.S. EPA, Region 8 1595 Wynkoop Street Denver, CO 80202-1129 ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. DivideAve. Bismarck, NO 58501-1947 701.328.5200 (fax) www.ndhealth.gov 

# FILE

Re: Response to Comments onProposed Rule Revisions
DearMs. Videtich:
This letter is in response to your letter ofAugust 30, 2010 which provided comments on the proposed revisions to the North Dakota Air Pollution Control Rules and State Implementation Plan. With respect to yourcomments, we have thefollowing response: I. Chapter 33-15-0l, General Provi!lions -TheDepartment will not submit Sections 33-15-0l-07 or 33-15-01-14 for approval when we submit therevisions 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 afterthe designations under Section 107 ofthe Clean Air Act. The 3-hourstandard will be incorporated into the State AmbientAir Quality Standards.
3. Chapter 33-15-14,

- The Department will not submit the referenced sections for approval when we submitthe 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. Ifyou have any questions, please feel free to contactTom Bachman ofmy staff.

# ~6~ Terry

### L. O'Ciair, P.E. Director Division ofAir 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 Printedon recycledpaper. 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 ofthe Plan

### CHAPTER23-25 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 oflife 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 airwhich 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 ofair contaminants into the ambient air. 9. "Emission standard" means a limitation on the release of any air contaminant into the ambient air. 10. "Friable asbestos material" means any material containing more than one percent asbestos that hand pressure or mechanical forces expected to act on the material can crumble, pulverize, or reduce to powderwhen dry. 11. "Indirect air contaminant source" means any facility, building, structure, or installation, or any combination thereof, which can reasonably be expected to cause or induce emissions ofair contaminants. 12. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight. 13. "Person" means any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative agency, or agency ofthe foregoing.

Page No. 123-25-01.1. 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 ofthis state, to foster the comfort and convenience ofthe people, and to facilitate the enjoyment ofthe natural attractions ofthis state. 23-25-02. State air pollution control agency -Advisory council. 1. The state department of health, hereinafter referred to as the department, is hereby designated as the agency to administer and coordinate a statewide program of air pollution control consistent with the provisions ofthis chapter. 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 ofthe solid fuels industry, one a representative of the fluid and gas fuels industry, one a representative ofthe 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 ofthose four first appointed, two shall serve for two years and two for four years, and the lengths oftheir terms must be designated by the governor at the time ofappointment. 4. The advisory council shall select its own chairman from among its members. The state health officer, state geologist, and director of the department oftransportation each may designate a principal deputy or assistant to act in the officer's place and stead. The chief sanitary engineer ofthe state department of health, or that officer's designated assistant, must be the principal administrative officer ofthe council. 5. The advisory council shall hold at least one regular meeting each year, and such additional meetings as the chairman deems necessary, at a time and place to be fixed by the chairman. Special meetings must be called by the chairman on the written request ofany three members. Five members constitute a quorum. 6. The advisory council shall hold a public hearing to consider and recommend the adoption, amendment, or repeal of rules, regulations, and standards as provided in this chapter. Notice ofsuch 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 leasttwo publications, one week apart, the last publication being at least thirty days prior to the first hearing. The hearing or hearings must be held in the state capitol in Bismarck and interested parties may present witnesses and other evidence pertinent and relevant to proposed rules, regulations, and standards. The advisory council shall consider any other matters related to the purposes ofthis chapter and may make recommendations on its own initiative to the department concerning the administration ofthis chapter. 23-25-03. Power and duties ofthe department. The department shall: 1. Encourage the voluntary cooperation of persons or affected groups to achieve the purposes ofthis chapter. 2. Determine by scientifically oriented field studies and sampling the degree of air pollution in the state and the several parts thereof. 3. Encourage and conduct studies, investigations, and research relating to air pollution and its causes, effects, prevention, abatement, and control. Page No. 24. 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 tothe construction ofany 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 necessaryto 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 ofair pollution in this state including achievement ofambient 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 ofwitnesses and the production ofevidence. 10. Require the owner or operator of a regulated air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures; and provide such other information as may be required. 11. Provide by rules and regulations a procedure for the handling of applications for the granting of a variance to any person who owns or is in control of any plant, establishment, process, or equipment. The granting of a variance is not a right of the applicant but must be in the discretion ofthe department. 12. Provide by rules any procedures necessary and appropriate to develop, implement, and enforce any air pollution prevention and control program established by the Federal Clean Air Act, as amended, and the authorities and responsibilities ofwhich 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 benefitto 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. 31. 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 ofthis section. For nonpublic employees performing asbestos abatement in facilities or on facility components owned or leased by their employer, only the provisions of rules adopted in accordance with the federal Asbestos Hazard Emergency Response Act of 1986 [Pub. L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended, or the federal Clean Air Act [Pub. L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et seq.], as amended, apply to this section. This does not include ownership that was acquired solely to effect a demolition or renovation. 23-25-03.2. Sulfur dioxide ambient air quality standards more strict than federal standards prohibited. The department may not adopt ambient air quality rules or standards for sulfur dioxide that affect coal conversion facilities or petroleum refineries that are more strict than federal rules or standards under the Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department adopt ambient air quality rules or standards for sulfur dioxide that affect these facilities and refineries when there are no corresponding federal rules or standards. Any ambient air quality standards that have been adopted by the department for sulfur dioxide that are more strict than federal rules or standards under the Clean 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 ofless than one hourto 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. 423-25-03.3. 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 departmentfor inspection and copying. If at any time the department intends to rely upon any studies, opinions, risk assessments, cost-benefit analyses, or other information that were not available from the department when it gave its notice of hearing, the department shall give a new notice of hearing not less than ninety days prior to the hearing that clearly identifies the additional or amended studies, analyses, opinions, data, or information upon which the department intends to rely and conduct an additional hearing ifthe first hearing has already been held. 3. In this section:

a. "Cost-benefit analysis" means both the analysis and the written document that contains: (1) A description and comparison ofthe benefits and costs ofthe 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. 5an 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 ofwhether 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 ofthis section for which new rules or standards have not been adopted, and the department shall have a reasonable amount of additional time to comply with the more stringent requirements of this section. To the extent section 23-01-04.1 conflicts with this section, the provisions of this section govern. This section does not apply, however, to existing rules that set air quality standards for odor, hydrogen sulfide, visible and fugitive emissions, or emission standards for particulate matter and sulfur dioxide, but does apply to any new rules governing such matters. Page No. 623-25-04. Classification and reporting ofair pollution sources. 1. After consultation with the advisory council the department, by rule or regulation, may classify air contaminant sources according to levels and types of emissions and other criteria which relate to air pollution and may require reporting for any of such class or classes. Classifications made pursuant to this subsection may apply to the state as a whole 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 ofany 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 ofthe responsibility to complywith applicable emission limitations orwith 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 chapter43-07. 5. The department by rule or regulation may provide for registration and registration renewal of certain air contaminant sources in lieu ofthe 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 ofonsite inspection. 1. Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and rules and Page No. 7regulations 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 powerto 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 ofthe 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 ofthe 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 departmentthatthe record, report, or information, or particular part thereof, other than emission data, to which the department has access under this chapter, if made public, would divulge trade secrets, the department shall consider the record, report, or information or particular portion thereof confidential in the administration ofthis chapter. 2. 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 underthis 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 chapterfor: 1. The issuance or modification of rules and regulations including emergency orders relating to control of air pollution; or 2. Determining compliance with rules and regulations ofthe department, must be conducted in accordance with the provisions of chapter 28-32, and appeals may be taken as therein provided. When an emergency exists requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet this emergency. Notwithstanding any provision of this chapter, such order must be effective immediately, but on application to the department an interested person must be afforded a hearing before the state health council within ten days. On the basis of such hearing, 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. 823-25-09. 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 underthis 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 twoyears, 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 notto exceed ten thousand dollars per day perviolation. 5. Without prior revocation ofany pertinent permits, the department, in accordance with the laws ofthis state governing injunction or other process, may maintain an action in the name of the state against any person to enjoin any threatened or continuing violation of any provision of this chapter or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter. 23-25-11. Regulation of odors - Rules. 1. In areas located within a city or the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that measures seven odor concentration units or higher outside the property boundary where the discharge is occurring. If an agricultural operation as defined by section 42-04-01 has been in operation for more than one year, as provided by section 42-04-02, and the business or residence making the odor complaint was built or established after the agricultural operation was established, the measurement for compliance with the seven odor concentration units standard must be taken within one hundred feet [30.48 meters] ofthe subsequently established residence, church, school, business, or public building making the complaint rather than at the property boundary ofthe agricultural operation. The measurement may not be taken within five hundred feet [.15 kilometer] ofthe property boundary ofthe agricultural operation. 2. In areas located outside a city or outside the area over which a city has exercised extraterritorial zoning as defined in section 40-47-01.1, a person may not discharge into the ambient air any objectionable odorous air contaminant that causes odors that measure seven odor concentration units or higher as measured at any of the following locations: Page No. 9a. 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 ofthe owner or operator ofthe 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 ofthe 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 ofthe 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 ifthe setback distance under subsection 7 is greater than one-half mile [.80 kilometer], measurements for compliance with the seven odor concentration units standard must be taken at the setback distance rather than one-half mile [.80 kilometer] from the facility under subdivision b, except for any residence, church, school, business, public building, park, or campground within the setback distance which was built or established before the animal feeding operation was established, unless the animal feeding operation has obtained an odor easement from the preexisting facility. 3. An odor measurement may be taken only with a properly maintained scentometer, by an odor panel, or by another instrument or method approved by the state department of health, and only by inspectors certified by the department who have successfully completed a department-sponsored odor certification course and demonstrated the ability to distinguish various odor samples and concentrations. Ifa 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. Ifthe 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 measurementtaken by each certified inspector, at least fifteen minutes, but no more than two hours, afterthe first measurement. 4. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land in accordance with a nutrient management plan approved by the state department of health. A person is exempt from this section while spreading or applying animal manure or other recycled agricultural material to land owned or leased by that person in accordance with rules adopted by the department. An owner or operator of a lagoon or waste storage pond permitted by the department is exempt from this section in the spring from the time when the cover of the permitted lagoon or pond begins to melt until fourteen days after all the ice cover on the lagoon or pond has completely melted. Notwithstanding these exemptions, all persons shall manage their property and systems to minimizethe impact ofodors 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 ofhealth has established a specific limitation by rule.

Page No. 106. For purposes of this section, a public park is a park established by the federal government, the state, or a political subdivision ofthe 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) Ifthere 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) Ifthere 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) Ifthere are five thousand one or more animal units, the setback for a hog operation is one and one-half miles [2.40 kilometers] and the setback for any other animal operation is one mile [1.60 kilometers]. b. The setbacks set forth in subdivision a do not apply if the owner or operator applying for the permit obtains an odor easement from the preexisting use that is closer.

c. For purposes ofthis section: (1) One mature dairy cow, whether milking or dry, equals 1.33 animal units; (2) One dairy cow, heifer or bull, other than an animal described in paragraph 1equals 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 1through 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 withouttriggering 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 AIRPOLLUTION CONTROL RULES OF THE STATEOFNORTHDAKOTA

Appendix C ofthePlanChapter 

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

Section 

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

General Provisions Ambient Air Quality Standards Restriction of Emission ofVisible Air Contaminants Open Burning Restrictions Emissions of Particulate Matter Restricted Emissions ofSulfur Compounds Restricted Control of Organic Compounds Emissions Control of Air Pollution From Vehicles and Other Internal Combustion Engines Emission of Certain Settleable Acids and Alkaline Substances Restricted·[Repealed] Control of Pesticides Prevention ofAir Pollution Emergency Episodes Standards of Performance for New Stationary Sources Emission Standards for Hazardous Air Pollutants Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate Prevention ofSignificant Deterioration ofAir Quality Restriction ofOdorous 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 ofFederal Regulations 51.100(s) as itexists 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

4/2011Section 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 effectiveOctober 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 airfrom any source in such a mannerand amountthat causes or contributes to aviolation in the ambient air ofthose standards stated in section 33-15-02-04.
2. Nothing in any other part or section ofthis article may in any manner be construed as authorizing or legalizing the emission ofair 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 4/2011Table 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 ofthe annual 99th percentile ofthe 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, notto be exceeded more than once per calendaryear.



### 4Nitrogen Dioxide

Lead 0.053 parts per million (100 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 ofthe annual 98th percentile ofthe 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 ofair, arithmetic mean averaged over a 3-month rolling period. The standard is metwhen 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 ofair) maximum annual arithmetic mean concentration, not to be exceeded in a calendar year 0.14 parts per million (365 micrograms per cubic meter ofair) maximum 24-hour concentration, notto be exceeded more than once per calendaryear



### 5 4/2011

### The standards in Table 2will remain in effect until one year afterthe effective date ofthe designation for the one-hoursulfurdioxide standard pursuantto 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 ofcausing 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 ofchapter 33-15-02.

15. Otherstationary sources subjectto astandard or requirement underthe 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 813. 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 majorsource as defined in section 33-15-14-06.



### 18History: 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. Minorsource permit to operate. 

### 1. Permitto 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 4/2011CHAPTER 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 ofsignificant deterioration program in 1\Jorth Dakota. The department will continue to implement the prevention of significant deterioration program as part ofthe state implementation plan. History: Effective February 1, 2005. General Authority: NDCC 23-25-03, 23-25-04.1 Law Implemented: NDCC 23-25-03, 23-25-04.1 33-15-15-01.2. Scope. The provisions of40 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 bythis date but had not been published in the Code ofFederal Regulations yet. Any changes or additions to the provisions are listed below the affected paragraph. For purposes ofthis 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 offederally enforceable. (b)(37)(i)

- Definition of repowering. (b)(43)- Definition of prevention ofsignificant 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 4/2011Forpurposes ofthis chapter, permitorapproval 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 ofthis 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 ofthe equipment replacement provisions contained in paragraph (cc). The words "the administrator or other reviewing authority" are replaced with "the department orthe administrator ofthe United States environmental protection agency". The following is added: (v) The department shall provide a list of baseline dates for each contaminantforeach baseline area. The following is added: (iv) North Dakota is divided into two intrastate areas under section t07(d)(1)(D) or (E) ofthe 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 51.1OO(s) ofthis chapter is deleted and replaced with "40 CFR 51.1OO(s)". The paragraph is deleted in its entirety and replaced with the following:


### 240 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 ofthe United States environmental protection agency and incorporated into the state implementation plan pursuant to 40 CFR 51.166 to implement the requirements ofthat 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 ofthe United States environmental protection agency in title 40, Code of Federal Regulations, chapter I subchapter C. 

### "§ 86.181-12(a) ofthis chapter" is deleted and replaced with: 40 CFR 86.1818-12(a). 40 CFR "Table A-1 to subpartA of part 98 ofthis 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 4/201140 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 ofthe 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 ofthe Theodore Roosevelt Elkhorn Ranch Site ofthe Theodore Roosevelt National Park shall apply to sources or modifications for which complete applications were filed after July 1, 1982. The impact ofemissions 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 ofthis article have been met, permits will be issued on a ·first-come, first-served basis as determined by the completion date ofthe 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 ofthe United States; or This subparagraph is deleted and replaced with the following:



### 440 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 ofambient 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 appendixw of40 CFR 51 ("guideline on air quality models" as it exists on July 2, 2010) 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 Bto part 58 ofthis 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 ofthe United States environmental protection agency through the region VIII regional administrator a copy ofeach permit application relating to a major stationary source or major modification received by the departmentand provide notice to the administrator ofevery action related to the consideration ofsuch permit. This paragraph is deleted and replaced with the following:

q. Public participation. (1) Within thirty days after receipt ofan application to construct a source or modification subjectto**t~1is** chapter, or any addition to such application, the departmentshall advise the applicant as to the completeness ofthe application or ofany deficiency in the application or information submitted. In the event of 

### 5 4/2011

### such adeficiency, the date ofreceiptofthe application, forthe purposeofthis chapter, shall bethe date on which all required information to form a complete application is received by the department. (2) With respectto acompleted application, the departmentshall: (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 ofthis 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 ormodification, and the opportunity for comment at a public hearing as well as written public comment on the information submitted by the owneror 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 ofwritten 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 6be held during the public commentperiod for interested persons, including representatives ofthe United States environmental protection agency administrator, to appear and submitwritten or oral comments on the air quality impactofthesourceormodification, 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 ofthe 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 ofthis 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 ofmajor 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 4/201140 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 aviolation ofan 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 ofthe United States; or This subparagraph is deleted and replaced with the following: (1) Any permit issued underthis chapteror a priorversion ofthis chapter shall remain in effect, unless and until it expires under40 CFR 52.21 (r) or is rescinded. This paragraph is deleted in its entirety

History: Effective February 1, 2005; amended effectiveApril1, 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

AppendixD ofthe PlanSTATE OF NORTH DAKOTA 

### OFFICE OF ATTORNEY GENERAL

Wayne Stenehjem ATTORNEY GENERAL



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



### OPINION

October 27, 2010

North Dakota Department of Health 918 E Divide Ave Bismarck, ND 58501-1947 Dear Mr. O'Ciair: The Office ofAttorney General has examined the proposed amendments to N.D.A.C. art. 33-15 concerning air pollution control, along with the notice of the proposed rules, the publication of that notice, and the filing of that notice with the Legislative Council. This office has also determined that 1) a written record ofthe agency's consideration of any comments to the proposed rules was made, 2) a regulatory analysis was issued, 3) a takings assessment was prepared, 4) a small entity regulatory analysis and an economic impact statement were not prepared because small entities are not affected by these rules, 5) a stringencyjustification 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