NOTICE OF INTENT TO ISSUE AN

AIR POLLUTION CONTROL

PERMIT TO CONSTRUCT

Take notice that the North Dakota Department of Environmental Quality proposes to issue an AirPollution Control Permit to Construct to Leonardite Products, LLC in accordance with the NorthDakota Air Pollution Control Rules. The project involves the installation/operation of equipmentfor a leonardite processing plant located at 13375 Highway 1804, Williston, Williams CountyND.

Preliminary evaluations made by Department staff indicate that the project will comply with allapplicable Air Pollution Control Rules and there will be no significant detrimental effects to airquality.

A 30-day public comment period for the proposed permit will begin August 30, 2019 and end onSeptember 30, 2019. Direct comments, in writing, to the North Dakota Department ofEnvironmental Quality, Division of Air Quality, 918 E Divide Avenue, Bismarck, ND 58501 -1947or by email at AirOuaIitv@nd.gov. Comments must be received during the public commentperiod to be considered in the final permit determination.

A public meeting regarding issuance of the Permit to Construct will be held if a significant degreeof public interest exists as determined by the Department. Requests for a public meeting must bereceived in writing by the Department before the end of the public comment period. Theapplication. Department analysis and draft permit are available for review at the above address andon the Department's website at https://deQ.nd.gov/AO/PubIicCom.aspx. A copy of thesedocuments may be obtained by writing to the Division of Air Quality or contactingCraig Thorstenson at (701)328-5198 or by email at cthorstenson@nd.gov.

Dated this 27^*^ day of August 2019.

Jim Semerad

Director

Division of Air Quality

NORTH

DakotaBe Legendary."

Environmental Quality

Air Quality Effects AnalysisFor

Permit to Construct

PTC19027

I. Date of Review:

August 23, 2019 (Preliminary)

II. Applicant:

Leonardite Products, LLCP.O. Box 548

Williston, ND 58802-0548

III. Source Location:

13375 Highway 1804Williston, Williams County, North Dakota

IV. Introduction and Background:

Leonardite Products, LLC submitted a permit application on July 8, 2019 for the construction andoperation of new equipment at the Leonardite Products facility. The facility previously operatedunder the name GeoResources under Permit to Operate No. M82002, which expired on August 31,2009. Under the previous owner/operator, the facility had a history of complaints; in theDepartment's opinion, these complaints were the result of inadequate operation and maintenanceof control equipment and improper control of fugitive emissions. With proper attention tooperations and maintenance of control equipment and adequate fugitive dust control, emissionsfrom the facility are not expected to be significant. Equipment to be located at the facility isshown below.

Table 1-Equipment List

Emission Unit Description

Emission

Unit (EU)

Emission

Point

(EP)

Air Pollution

Control

EquipmentSilo hopper 001 N/A* N/A*Silo crusher 002 N/A* N/A*Material handling (crusher to silo) 003 N/A* N/A*Material handling (silo to dryer/classifier system) 004 N/A* N/A*

Dryer/classification system. The dryer is rated at approximately 15tons/hour ofleonardite and is equipped with a natural gas-fired burnerrated at approximately 18 MMBtu/hr

005 SVOOlBaghouse(CEOOl)

Bagging operation 006 N/A* N/A*'

Rail loading 007 N/A* N/A*

Soda ash blending 008 N/A* N/A*

Material handling (product bin 1) 009 N/A* N/A*Material handling (product bin 2) 010 N/A* N/A*

918 East Divide Avenue | Bismarck ND 58501-1947 | Fax 701-328-5200 deq.nd.gov

Director's Office Division of Division of Division of Division of701-328-5150 Air Quality Municipal Facilities Waste Management Water Quality

701-328-5188 701-328-5211 701-328-5166 701-328-5210

Division of Chemistry701-328-6140

2635 East Main Ave

Bismarck ND 58501

Emission Unit DescriptionBlended product bin 1Blended product bin 2

Emission

Unit (EU)

Oil

Emission

Point

(EP)

N/A*

Air Pollution

Control

Equipment

N/A*

Temporary hopper

Temporary dryer rated at approximately 5 tons/hour of leonardite; thedryer is equipped with a natural gas-fired burner rated at approximatelv8 MMBtu/hr

Temporary conveyorTemporary screen hopper

Temporary screener* Fmiccinnc \/onta/-t . i . .

012

013**

014**

015**

016**

017**

N/A*

N/A*

SV002

N/A*

N/A*

N/A*

N/A*

N/A*

Baghouse(CE002)

N/A*

N/A*

N/A*

** Temporary equipment.

V. Potential to Emit (PTE)

Potential emissions from the facility are as follows:

PM/PM10/PM2.5 SO2 NOx CO VOCs Pb

Total

HAPs

1.3/1.3/1.3A .

0.05 8.5 7.2 0.5 <0.01 0.2

PM: particulate matterPMio: particulate matter under 10 microns (<10 pg), includes PM2.5.PM2.5: particulate matter under 2.5 microns (<2.5 pg)SO2: sulfur dioxide

NOx: nitrogen oxidesVOC: volatile organic compoundsCO: carbon monoxide

Pb: lead

HAPs: hazardous air pollutants® Only emissions from EU005 and EUO14 are vented to atmosphere (other emission units are vented

inside buildings). The permit application conservatively calculated PM/PM10/PM2.5 emissions of15.6/8.3/8.3 tons/year by including emissions vented internally. The Department does not includeemissions which are vented internally (not vented to the atmosphere) when calculating potential toemit; therefore, only emissions vented to the atmosphere are shown in the table.

See application for detailed emission calculations.

VI. Applicable Standards

A. NDAC 33.1-15-02 — Ambient Air Quality Standards

The facility must comply with the Ambient Air Quality Standards (AAQS). Otherrequirements of this chapter include general prohibitions against harming health, causingdamage to plants, animals, other property and visible degradation. In addition to thesestandards, compliance with the Department's Air Toxics Policy is required.

B.

Expected Compliance

In accordance with an October 6, 2014 Department memorandum (copy attached),dispersion modeling is not required since NOx, SO2 and PM10/PM2.5 emissions are belowthe levels established in the memorandum. PM/PM10/PM2.5 emissions are expected to below at less than 1 Ib/hr. The stack for the permanent dryer (EU005) will be required to beat least 85 feet high. Given the low emission rate and high stack height, compliance withthe AAQS is expected.

Total combined HAP emissions are low at 0.2 tons/year; a conservative "Tier 1" analysiswas included with the permit application. The analysis was reviewed, appears to beaccurate, and demonstrates that air toxics emissions are expected to comply with the AirToxics Policy'. Based on this analysis, compliance with the Air Toxics policy is expected.

NDAC 33.1-15-03 - Restriction of Emission of Visible Air Contaminants

This chapter restricts the amount of visible air contaminants, primarily particulate matter,from incinerators and fuel-burning units.

Expected Compliance

Based on the fuels used and the pollution control equipment, visible air emissions areexpected to be well below the 20% opacity limit established by this chapter.

Table 3 - Opacity Limits

Emission Unit Description EU

Pollutant/

Parameter Emission Limit

Dryer/classification system 005 Opacity 20%

Temporary dryer 014 Opacity 20%-^

^ 40% permissible for not more than six minutes per hour.

Chapter 33.1-15-05 - Emissions of Particulate Matter Restricted

This chapter restricts the amount of particulate matter from industrial process units andincinerators and fuel burning units.

Gaseous fuel is combusted, so particulate matter emissions from fuel combustion areexempt from this Chapter.

The processing and handling equipment are subject to the requirements of this Chapter.

1 August 25, 2010 NDDOH Policy for the Control of Hazardous Air Pollutant (HAP) Emissions in ND (aha AirToxics Policy), https://deq.nd.g0v/publications/AO/Doiicv/Modeling/Air Toxics Policv.pdf

3

Using the formulas in the chapter, allowable PM emissions (AE) are calculated as follows:

AE = 4.10(pf6'

Where p = process weight rate in tons/hour

AE (EU005) = 4.10( 15)°^' = 25.16 Ib/hr

AE (EUO14) = 4.10(5)®-^^ = 12.05 Ib/hr

Expected Compliance

Emissions from both EU005 and EUO 14 are less than 0.5 Ib/hr; therefore, compliance withthe requirements of this chapter is expected.

D. NDAC 33.1-15-06-Emissions of Sulfur Compounds Restricted

This chapter applies to any installation in which fuel is burned in which the SO2 emissionsare substantially due to the sulfur content of the fuel burned and in which the fuel is burnedprimarily to produce heat. This chapter is not applicable to installations which are subjectto a SO2 emission limit under Chapter 33.1-15-12, Standards for Performance for NewStationary Sources, or installations which burn pipeline quality natural gas.

Expected Compliance

The facility is restricted to combusting only natural gas containing no more than 2 grainsof sulfur per 100 standard cubic feet; therefore, compliance with this chapter is expected.

E- Chapter 33.1-15-12 - Standards of Performance for New Stationary Sources

There does not appear to be a federal New Source Performance Standard (NSPS) applicableto the facility. Although NSPS Subpart Y is applicable to coal preparation and processingplants, leonardite is not classified as coal and is therefore not subject to NSPS Subpart Y.

E- Chapter 33.1-15-14 - Designated Air Contaminant Sources. Permit to Construct.Minor Source Permit to Operate, Title V Permit to Operate

This chapter requires the facility to obtain a Permit to Construct prior to installation ofsources of air pollution. This chapter also applies to Permit to Operate requirements forfacilities that have sources of air pollution.

Expected Compliance

The company has submitted an application for a Permit to Construct and has met thoserequirements. The facility is classified as a minor source; accordingly, a minor sourcePermit to Operate must ultimately be obtained for the facility.

G- Chapter 33.1-15-15 - Prevention of Significant Deterioration of Air Quality

A Prevention of Significant Deterioration (PSD) review could potentially apply to thisfacility if it is classified as a "major stationary source" under Chapter 33.1-15-15.

Applicability and Expected Compliance Status

Potential criteria pollutant emissions are well below the 250 tons/year PSD major sourcethreshold applicable to the facility; therefore, the facility is not subject to PSD review.

H. Chapter 33.1-15-16 — Restriction of Odorous Air Contaminants

This chapter limits the odorous impact of emissions from the facility.

Applicability and Expected Compliance Status

Odors from the facility are not expected to be significant and are expected to comply withthe requirements of this chapter.

I- Chapter 33.1-15-17 - Restriction of Fugitive Emissions

This chapter establishes restrictions applicable to fugitive emissions.

Expected Compliance

The main source of fugitive emissions at the facility is expected to be the leonardite storagepile and the handling of leonardite prior to processing in the facility. Fugitive dust controlmeasures are incorporated into the permit and are expected to result in fugitive dustemissions in accordance with this chapter.

J- Chapter 33.1-15-22 - Emission Standards for Hazardous Air Pollutants for SourceCategories

This chapter adopts several of the National Emission Standards for Hazardous AirPollutants for Source Categories (MACT) under 40 CFR Part 63.

Expected Compliance

The facility does not appear to be subject to any requirements under this chapter. OneMACT standard (40 CFR 63, Subpart CCCCCC) appears to apply to a 500-gallon gasolinetank used to fuel equipment and vehicles at the facility; however, this subpart has not beenadopted into Chapter 33.1-15-22 and is therefore not enforceable by the Department. Allrequired reports regarding this subpart should be submitted to EPA Region 8.

Conclusions and Recommendations:

ll is recommended that PTC19027 be issued for the proposed equipment at the LeonarditeProducts, LLC. A copy of the draft/proposed PTC19027 is attached.

The facility has been the subject of complaints in the past; given the potential for public concernlegarding the facility, it is recommended that a 30-day public comment period be held prior tomaking a final determination on issuance of the permit.

Analysis Bv:

Craig D. ThorstensonEnvironmental EngineerDivision of Air Quality

CDT;sajAttachments:

A October 6, 2014 Department Memorandum, "Criteria Pollutant Modeling Requirementsfor a Permit to Construct"

B Draft/Proposed Permit to Construct No. PTC19027

Attachment A

October 6, 2014 Department Memorandum'Criteria Pollutant Modeling Requirements for a Permit to Construct"

NORTH DAKOTADEPARTMENT o/ HEALTH

ENVIRONMENTAL HEALTH SECTION

Gold Seal Center, 918 E. Divide Ave.

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

MEMO TO : Interested Parties

FROM Terry L. O'CIair, P.E. / tDirector

Division of Air Quality ^

Criteria Pollutant Modeling Requirementsfor a Permit to Construct

DATE October 6, 2014

Projects Subject to PSD:

Under the Prevention of Significant Deterioration of Air Quality (PSD) rules, dispersionmodeling for criteria pollutants is required prior to issuance of a Permit to Construct (PTC) if thepermit is for either a new facility classified as a "major stationary source" or a modification to anexisting major stationary source when the modification is classified as a "major modification"under the PSD rules (adopted into Chapter 33-15-15 of the North Dakota Air Pollution ControlRules). Modeling is required when emissions exceed the "PSD significant levels", which aredefined as follows (only the significant levels for criteria pollutants are shown):

Pollutant Emissions

Carbon Monoxide 100 tons/year

Nitrogen Oxides 40 tons/year

Sulfur Dioxide 40 tons/year

15 tons/year

0.6 tons/year

10 tons/year

* A source that emits 40 tons per year or more of sulfur dioxide and/or 40 tons peryear or more of nitrogen oxides is significant for PM2.5 (40 CFR 52.21(b)(23)(i)).

Projects Not Subject to PSD:

For those projects which are not subject to the PSD rules, as a general rule, modeling will berequired if the potential emissions from a new facility or the change in potential emissions froman existing facility exceed the following amounts:

Environmental Health

Section Chief's Office

701.328.5150

Division of

Air Quality701.328.5188

Division of

fvlunicipal Facilities701.328.5211

Division of

Waste Management701.328.5166

Division of

Water Quality701.328.5210

Printed on recycled paper.

Modeling Memo 2 October 6, 2014

Pollutant

All emissions vent from stacks with

height > 1.5 times nearby bldg. height

Some emissions vent from stacks

with height < 1.5 times nearby bldg.height

Nitrogen Oxides 100 tons/year 40 tons/year

Sulfur Dioxide 100 tons/year 40 tons/year

PM,o 40 tons/year 15 tons/year

PM2.5 25 tons/year 10 tons/year

Modeling of carbon monoxide and/or lead emissions will generally only be required for sourcesrequired to conduct modeling of carbon monoxide and/or lead emissions under the PSD rules.

Additional Information Tapplicable to both PSD and non-PSD Proiects'l:

Note that there are instances where modeling may be required at lower emissions than outlinedabove. These include cases when a facility will be located close to a Class I area or there arechanges to an existing facility whose current emission rates are causing concentrationsapproaching either the Ambient Air Quality Standards or the PSD increment levels.

With respect to nearby sources of emissions, the impact of emissions from sources wjthin 20kilometers ('- 12 miles) shall generally be included in the modeling analysis. The impact ofemissions from sources greater than 20 kilometers and less than 50 kilometers (-31 miles) shallgenerally be included if potential emissions from the source of the pollutant being modeledexceed 100 tons/year.

Modeling submitted with a PTC application for a PSD project must address compliance with theAmbient Air Quality Standards as well as the PSD increments. Modeling submitted with a PTCapplication for a project not subject to the PSD rules must address compliance with the AmbientAir Quality Standards.

Modeling of PSD Class I increments will be required for PSD projects located within 250kilometers of the nearest North Dakota Class I area, and for non-PSD projects (meeting potentialemissions criteria above) located within 50 kilometers of the nearest Class I area. If the subjectsource significantly impacts a Class I area, a cumulative analysis including other increment-consuming sources must be conducted. The cumulative analysis must include all major sources,located within 250 kilometers and minor sources located within 50 km of the Class I area. Theinventory will be provided by the Department. If an analysis is required for Class I incrementconsumption, a Class II increment consumption analysis shall also be submitted.

NDDH Class I Significant Impact Levelspg/m^

Pollutant

Averaging Time

Annual 24-hour 3-hour

SO2 0.1 0.2 1.0

PM.o 0.1 0.2 -

NO2 0.1 - -

PM25 0.06 0.07 -

TB:saj

Attachment B

Draft/Proposed Permit to Construct No. PTei9027

NORTH

DakotaBe Legendary."

Environmental Quality

AIR POLLUTION CONTROL

PERMIT TO CONSTRUCT

Pursuant to Chapter 23.1-06 of the North Dakota Century Code, and the Air Pollution ControlRules of the State of North Dakota (Article 33.1-15 of the North Dakota Administrative Code),and in reliance on statements and representations heretofore made by the owner designated below,a Permit to Construct is hereby issued authorizing such owner to construct and initially operate thesource unit(s) at the location designated below. This Permit to Construct is subject to allapplicable rules and orders now or hereafter in effect of the North Dakota Department ofEnvironmental Quality and to any conditions specified below:

I. General Information:

A. Permit to Construct Number: PTC19027

B. Source:

1. Name: Leonardite Products, LLC2. Location: 13375 Highway 1804

Williston, Williams County, North Dakota3. Source Type: Leonardite Processing Facility4. Equipment at the Facility:

The facility will consist of the following equipment:

Emission Unit DescriptionEmission

Unit (EU)

Emission

Point

(EP)

Air Pollution

Control

EquipmentSilo hopper 001 N/A* N/A*

Silo crusher 002 N/A* N/A*Material handling (crusher to silo) 003 N/A* N/A*Material handling (silo to dryer/classifier system) 004 N/A* N/A*Dryer/classification system. The dryer is rated atapproximately 15 tons/hour of leonardite and is equipped witha natural gas-fired burner rated at approximately 18MMBtu/hr

005 SVOOlBaghouse(CEOOl)

Bagging operation 006 N/A* N/A*

Rail loading 007 N/A* N/A*

Soda ash blending 008 N/A* N/A*

Material handling (product bin 1) 009 N/A* N/A*

Material handling (product bin 2) 010 N/A* . N/A*

Blended product bin 1 Oil N/A* N/A*Blended product bin 2 012 N/A* N/A*

Temporary hopper 013** N/A* N/A*

Temporary dryer rated at approximately 5 tons/hour ofleonardite; the dryer is equipped with a natural gas-firedburner rated at approximately 8 MMBtu/hr

014** SV002Baghouse(CE002)

Temporary conveyor 015** N/A* N/A*

Temporary screen hopper 016** N/A* N/A*

918 East Divide Avenue | Bismarck NO 58501-1947 | Fax 701-328-5200 | deq.nd.gov

Director's Office

701-328-5150

Division of

Air Quality701-328-5188

Division of

ryiunicipal Facilities701-328-5211

Division of

Waste Management701-328-5166

Division of

Water Quality701-328-5210

Division of Chemistry701-328-6140

2635 East Main Ave

Bismarck ND 58501

Page ̂ ofPermit No. PTC19027

*

**

11.

Emissions are vented inside the building (not vented to atmosphere).Temporary equipment.

C. Owner/Operator (Permit Applicant):

1. Name: Leonardite Products, LLC2. Address: P.O. Box 548

Williston, ND 58802-05483. Application Date: July 8,2019

Conditions: This Permit to Construct allows the construction and initial operation of theabove-mentioned new or modified equipment at the source. The source may be operatedunder this Permit to Construct until a Permit to Operate is issued unless this permit issuspended or revoked. The source is subject to all applicable rules, regulations, and ordersnow or hereafter in effect of the North Dakota Department of Environmental Quality andto the conditions specified below.

A. Emission Limits: Emission limits from the operation of the source unit(s)identified in Item LB of this Permit to Construct (hereafter referred to as "permit")are as follows. Source units not listed are subject to the applicable emission limitsspecified in the North Dakota Air Pollution Control Rules.

Emission Unit Description EU EP

Pollutant /

Parameter Emission

Limit

Dryer/classification system 005 SVOOl Particulate Matter

Opacity

0.41 Ib/hr

20%*

Temporary dryer 014 SV002 Particulate Matter

Opacity

0.11 Ib/hr

20%*

40% opacity is permissible one six-minute period per hour.

B. Fuel Restriction: The dryers (EUs 005 and 014) are restricted to combusting onlynatural gas containing no more than 2 grains of sulfur per 100 standard cubic feet.

C. Stack Height: Emissions shall be vented from the following minimum stackheights:

Emission Unit Description EU EP

Minimum Stack

Height (feet)

Dryer/classification system 005 SVOOl 85

Temporary dryer 014 SV002 23

Page J of 6Permit No. PTC19027

D. Shutdown of Temporary Equipment: Unless otherwise approved by theDepartment, the temporary equipment (EUs 013-017) will be removed from servicewithin 90 days of startup of the new equipment.

E. Fugitive Emissions: The release of fugitive emissions shall comply with theapplicable requirements in NDAC 33.1-15-17.

Fugitive Dust Control:

The permittee shall control fugitive dust as follows:

1) Use fitgitive dust preventative measures such as watering, covering,shielding, or enclosing stockpiles, both active and inactive, as necessary tocontrol emissions unless natural moisture is sufficient to control emissions.

2) Fugitive dust preventative measures such as frequent watering or additionof dust palliatives shall be used unless natural moisture is sufficient tocontrol emissions.

3) Construct, protect, or treat all conveyors, transfer point, crushers, screens,and dryers to minimize particulate matter emissions.

4) The permittee shall follow the procedures outlined in the Fugitive DustControl Plan submitted with the permit application or with the most recentDepartment-approved Fugitive Dust Control Plan.

F. Construction. Construction of the above described facility shall be in accordancewith information provided in the permit application as well as any plans,specifications and supporting data submitted to the Department. The Departmentshall be notified ten days in advance of any significant deviations from thespecifications furnished. The issuance of this Permit to Construct may besuspended or revoked if the Department determines that a significant deviationfrom the plans and specifications furnished has been or is to be made.

Any violation of a condition issued as part of this permit to construct as well as anyconstruction which proceeds in variance with any information submitted in theapplication, is regarded as a violation of construction authority and is subject toenforcement action.

G. Startup Notice: A notification of the actual date of initial startup shall besubmitted to the Department within 15 days after the date of initial startup.

H. Permit Invalidation: This permit shall become invalid if construction is notcommenced within eighteen months after issuance of such permit, if constructionis discontinued for a period of eighteen months or more; or if construction is notcompleted within a reasonable time.

Page 4 of 6Permit No. PTC19027

I. Annual Emission Inventory/Annual Production Reports: The owner/operatorshall submit an annual emission inventory report or an annual production report,upon request, on forms supplied or approved by the Department.

J. Source Operations: Operations at the installation shall be in accordance withstatements, representations, procedures and supporting data contained in the initialapplication, and any supplemental information or application(s) submittedthereafter. Any operations not listed in this permit are subject to all applicableNorth Dakota Air Pollution Control Rules.

K. Alterations, Modifications or Changes: Any alteration, repairing, expansion, orchange in the method of operation of the source which results in the emission of anadditional type or greater amount of air contaminants or which results in an increasein the ambient concentration of any air contaminant, must be reviewed andapproved by the Department prior to the start of such alteration, repairing,expansion or change in the method of operation.

L. Air Pollution from Internal Combustion Engines: The permittee shall complywith all applicable requirements of NDAC 33.1-15-08-01 - Internal CombustionEngine Emissions Restricted.

M. Recordkeeping: The owner/operator shall maintain any compliance monitoringrecords required by this permit or applicable requirements. The owner/operatorshall retain records of all required monitoring data and support information for aperiod of at least five years from the date of the monitoring sample, measurement,report or application. Support information may include all calibration andmaintenance records and all original strip-chart recordings/computer printouts forcontinuous monitoring instrumentation, and copies of all reports required by thepermit.

N. Nuisance or Danger: This permit shall in no way authorize the maintenance of anuisance or a danger to public health or safety.

0. Malfunction Notification: The owner/operator shall notify the Department ofany malfunction which can be expected to last longer than twenty-four hours andcan cause the emission of air contaminants in violation of applicable rules andregulations.

P. Operation of Air Pollution Control Equipment: The owner/operator shallmaintain and operate all air pollution control equipment in a manner consistent withgood air pollution control practice for minimizing emissions.

Q. Transfer of Permit to Construct: The holder of a permit to construct may nottransfer such permit without prior approval from the Department.

Page ofPermit No. PTC19027

R. Right of Entry; Any duly authorized officer, employee or agent of the NorthDakota Department of Environmental Quality may enter and inspect any property,premise or place at which the source listed in Item l.B of this permit is located atany time for the purpose of ascertaining the state of compliance with the NorthDakota Air Pollution Control Rules. The Department may conduct tests and takesamples of air contaminants, fuel, processing material, and other materials whichaffect or may affect emissions of air contaminants from any source. TheDepartment shall have the right to access and copy any records required by theDepartment's rules and to inspect monitoring equipment located on the premises.

S. Other Regulations: The owner/operator of the source unit(s) described in ItemLB of this permit shall comply with all State and Federal environmental laws andrules. In addition, the owner/operator shall comply with all local burning, fire,zoning, and other applicable ordinances, codes, rules and regulations.

T. Permit Issuance: This permit is issued in reliance upon the accuracy andcompleteness of the information set forth in the application. Not withstanding thetentative nature of this information, the conditions of this permit herein become,upon the effective date of this permit, enforceable by the Department pursuant toany remedies it now has, or may in the future have, under the North Dakota AirPollution Control Law, NDCC Chapter 23.1-06.

U. Odor Restrictions: The owner/operator shall not discharge into the ambient airany objectionable odorous air contaminant which is in excess of the limitsestablished in NDAC 33.1-15-16.

V. Sampling and Testing: The Department may require the owner/operator toconduct tests to determine the emission rate of air contaminants from the source.The Department may observe the testing and may specify testing methods to beused. A signed copy of the test results shall be furnished to the Department within60 days of the test date. The basis for this condition is NDAC 33.1-15-01-12which is hereby incorporated into this permit by reference. To facilitate preparingfor and conducting such tests, and to facilitate reporting the test results to theDepartment, the owner/operator shall follow the procedures and formats in theDep^ment's Emission Testing Guideline.

FOR THE NORTH DAKOTA DEPARTMENTOF ENVIRONMNENTAL QUALITY

Date By.James L. Semerad

Director

Division of Air Quality