UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http:/ / www.epa.gov/region08 

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## 20U Ref: 8P-AR Cris Miller Senior Environmental Project Administrator Basin Electric Power Cooperative 1717 East Interstate Avenue Bismarck, ND 58503-0564 RE: Request for Information for Basin Electric's Leland Olds Station in North Dakota Pursuant to Section 114 0

### f the Clean Air Act Dear Mr. Miller: The United States Environmental Protection Agency (EPA) hereby requires Basin Ele<.:tric Power Cooperative to provide cert'lin information relating to Leland Olds Station Unit 2, in Stanton, North Dakota
. EPA made a previousrequest for this information directly to Basin Electric'$ consultant, Sargent & Lundy LLC. in a letter dated December 6. 2010. Sargent & Lundy LLC has requested two extensions to provide such information based in part on their need to obtain pemlission from Basin Electric to disclose documents they claim are subject to a confidentiality agreement. While EPA would be able to demonstrate Sargent & Lundy's legal obligation under the Clean Air Act (CAA), 42 U.S.C. *7414(a). to provide this information with the understanding that any confidentiality claims would be addressed per**~: nclosure**  3. we arc under severe. legally mandated time constraints and are hence providing Basin Electric with the choice ofeither submitting the needed information directly or authorizing Sargent & Lundy to do so. The one exception is for item 7 on the following page. which requires a response directly from Basin Electric. EPA Region 8 is moving fonvard with the work needed to implement the Best Availahle Retrofit Technology (BART) requirements ofthe Regional Haze Rule (RHR), 40 C.F.R. §§51JO1, 5!J08(e), under a proposed Federal Implementation Plan (FIP) for Leland Olds Station Unit 2. See Section 11 O(c)(l) ofthe CAA, 42 U
.S.C. §74!O(c)( I)
. As part ofour effort to address these RHR requirements, EPA is requiring that Basin Electric provide the information detailed below. This inJormation request is issued Lmder Section 114(a) ofthl:! CAA, 42 U.s.c. §7414(a). You are hereby required to respond to the following requests for information within the time periods specified. Please see Enclosure I for instructions and definitions.1. Provide a copy ofall conespondencc between Sargent & Lundy LLC and any selective catalytic reduction (SCR) technology system suppliers and/or catalyst suppliers regarding the feasibility and/or cost ofSCR technology at Leland Olds Station Unit 2. 2. Provide all calculations, formulas, and methodologies, including fully functional electronic spreadsheet files, used to generate thecosts presented in the Sargent & Lundy LLC letter to Basin Electric PowerCooperative dated May 27. 2009 onthe subject of "BART Evaluation Update

- Tail End SCR.'· 3. Provide a copy ofall conespondence between Sargent & Lundy LLC and Basin Electric (or any other contractors working on behalfofBasin Electric) regarding the solicitation and/or review ofinformation from SCR technology system suppliers and/orcatalyst suppliers about the feasibility and/orcost ofSCR technology at I.cland Olds Station Unit 2. 4. Provide a copyofall documents reflecting any directions or instructions issued to Sargent & Lundy LLC regarding the solicitationandlor review ofinformation fromSCR technology system suppliers and/orcatalyst suppliers about the feasibility and/or cost of SCR technology at Leland Olds Station Unit 2. 5. Provide a copy ofany additional documents, including, but not limited to. anydocuments generated by Sargent & Lundy L

### LC regarding information from SCR technology system suppliers and/or catalyst suppliers about the feasibility and/orcost ofSCR technology at Leland Olds Station Unit 2. 6. Provide a copy ofany and all documents relating in any way to Sargent & Lundy LLC's assessment ofSCR as a potential control technology for Leland Olds Station Unit 2. 7. Provide a copy ofany and all other documents relating in any way to Basin Electric's assessmentofSCRas a potential control technology for Leland Olds Station Unit 2. 

### You must submit, and/or authorize and ensurethatSargent & 

### Lundy submits, the response to items t 

### and 2 above postmarked by January 14,2010, and the response to the remainderofthe items postmarked by January28, 2010
. Also, by January 12.2010, you must infoffi1 us, via email addressedto tallon.gmla**~pa.l!o**•. who (Basin Electric or Sargent & Lundy or both) will be providing the response to each item above. We understand that Basin Electric and Sargent & Lundy LLC have been in communication regarding this request and expect that work is already unde[\.\>"ay. which forms part ofthe basis for our selection ofthese firm deadlines. Pursuant to Section 114 ofthe CAA. 42 U.S.C. §7414. and under authority duly delegated to the undersigned, you are required to provide us with the information specified in this letter. This information will be used by EPA in developing a regional haze FIP or, in the event North Dakota Department ofHealth (NDDH) undertakes revisions to the regional haze State Implementation Plan (SIP), in a'>sisting NDDH in that effort. and/or in reviewing a regional haze SIP for North Dakota. Information requests pursuant to Section 114 ofthe CAA are not 

### 2limited to sources that are regulated by the particularrule EPA is implementing. Forexample, Section 114(a)(l) says that EPA may gatherinfonnation from any person "who owns oroperates any emission source" or "who the Administrator believes may have information necessary for the purposes set forth in this subsection:' Please submit yourresponse to this letterto: U.S. Environmental Protection Agency. Region 8 Office 

### ofPartnerships 

### and Regulatory Assistance (8P-AR) 1595 Wynkoop Street Denver, Colorado 

### 80202-! 129 Attention: Gail Fallon Your response to this requested infonnation must be certified by a duly authorized officer oragent ofBasin Electric Power Cooperative by signing the enclosed 

### Statement of Certification (see Enclosure 2) and returning it with your response. All infonnation submitted in response to this request must be certified as true. coneeL accurate. and complete by an individual with sufficient knowledge and authority to make such representations on behalfof Basin Electric. A knowing submittal offalse information in response to this request may be actionable under Section 1l3(c)(2) o[the CAA, as well as 

### 18 U.S
.C.**§~1001** and 1341. Basin Electric should also be aware that a failure to comply fully with the terms ofthis request may subject it to an enforcement action under Section 113 ofthe CM, 42 U.s.c. §7413. This letter in no way affects the obligations ofBasin Electric to comply with other local, State and Federal laws and regulations. 

### In addition. nothing in this letter shall be construed to be 

### a waiverby EPA ofany rights orremedies under the 

### eAA. Pursuant to Section lI4(c) ofthe CAA. 42 U.s.C. §7414(c), and 40 C.P.R. Part 2, Subpart 

### B, Basin Electric is entitled to assert a business confidentiality claim covering any part ofthe submitted information. Enclosure 

### 3 specil1es the assertion and substantiation requirements for business confidentiality claims. Failure to assert such 

### a claim makes the submitted information subject to public disclosure upon request and withoutfurther notice to you, pursuant to the Freedom of[nfornlation Act, 5 U.S.c. Section 552. Information subject to a business confidentiality claim may only bemade available to the public in accordance \'lith 40 

### C.F.R. Part 

### 2, Subpart 

### B .

. The requirements ofthis letter are not subject to the Papenvork Reduction Act of 

### 1980. 44 U.S.C
. §3501 

### el seq.

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### We appreciate yourcooperation in this matter. Ifyou have any questions please call Gail Fallon ofmy staff'at 303-312-6281.

Enclosures: 1. Instructions and Detinitions 2. Statement ofCertification 3
. Confidential Business Information
cc: Tom Bachman. NDDH John Bunyak, NPS Sandra Silva. USFWS Thomas Dzomba, USFS Sincerely,
! 

### Slerhen S. Tuber Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance

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### ENCLOSURE 1 INSTRUCTIONS 1. Provide a separate narrative response to each question and subpart ofa question set forth in the Information Request. 2. Precede each answer with the number ofthe question to which it corresponds and at the end ofeach answer identify theperson(s) that provided information that was used or considered in responding to that question. as well as each person that was consulted in the preparation ofthat response. 3. Indicate on each document produced in response to this Infomlation Request. or in some otherreasonable manner, the number ofthe question to which it corresponds. 4. When a response is provided in the form ofa number, specify the units ofmeasure ofthe numberin a precise manner. 5. Where documents or information necessary for a response are neither in your possession nor available to you, indicate in your response why such documents or information is not available or in your posse:;sion and identify any source that either possesses or is likely to possess such information. 

### DEFINITIONS All terms used in this Request for Information will have their ordinarymeaning unless such terms are defined in the Act, 42 U.S.c. §7401,40C.F.R. Part 52, orotherClean Air Act implementing regulations. I. The terms "document" anJ "documents" shall mean any object that records. stores, or presents infomlation, and includes writings, memoranda, records. or infomation ofany kind, fomal or informal, whether wholly or partially handwritten or typed. whether in computer fomal. memory. or storage device, or in hardcopy, including any form or format of'these. Ifin computer format or memory, each such document shall be provided in translation to a fom useable and readable by EPA, with all necessary documentation and support. All documents in hard copy should also include attachments to or enclosures with any document. 2
. The tem "correspondence" shall mean any document that conveys infonnation between the persons identified in the question. 3. The terms "you" or "Basin Electric" shall mean**Ba~in** Electric Power Cooperative, and its officers. partners, managers, t:mployees. contractors, trustees, successors, predecessors, assigns, and agents.

### ------------ ---- ENCLOSURE 2 STATEMENT OF CERTIFICATION


### IeCI1ify under penalty 

### oflaw that Ihave personally examined and am familiar with the information submitted in this document and all attachments and that, based on 

### my inquiry of those individuals immediately responsible for obtaining the information, I 

### believe that the information is true, 

### accmate, and 

### complete. I

### am aware that there are 

### signijjcant penalties for submitting false information, including the 

### possibility offine or imprisonment.

(Signature)

(Title)

(Date)

### ENCLOSURE 3 Confidential Business Information (CBI) 

### Assertion and Substantiation Requirements
a. Assertion Requirements You may assert a business confidentiality claim covering all or part ofthe information requested in the attached letter, as provided in 40 C.F
.R
. §2.203(b). To make a confidentiality claim. submit the requested information and indicate that you are making aclaim of confidentiality. Any docW11cnl over which you make a claim ofconfidentiality should be marked by 

### placing on or attaching to the information, at the time it is submitted to the United States Environmental Protection Agency (U
.S. EPA),acover sheet, stamped or typed legend, or other suitable form ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date, ifany,when the information should no longer be treated as confidential. Information covered by such a claim will be disclosed by the U.S. EPA only to the extent permitted and by means ofthe procedures set forth in Section 114(<.:) ofthe Clean Air Act (CAA). and 40 C.F
.R
. Part 2. Allegedly confidential portions ofotherwise non-confidential documents should be clearly identified. U
.S
. EPA will construe the failure 10 

### furnish a confidentiality claim with your response to 

### the attached letter as a waiver ofthat claim, and the information may be made available to 

### the public without further notice to you. Please segregate personnel, medical and similar files from your responses and include that information on separate sheet(s) marked a s "Personal Privacy Information" given that disclosure ofsuch information to the general public may constitute an invasion ofprivacy. b
. Substantiation Requirements All confidentiality claims are subject to U
.S. EPA verification and must be made in accordance with 40 C.F.R. 92.208 which provides in part that you satisfactorily shov,,'that you have taken reasonable measures to protect the confidentiality orthe information and that you intend to continue to do so and that the information is nOI and has not been reasonably obtainable by legitimate means without your consent. Pursuantto 40 C.F.R. Part 2, Subpart B, C.S. EPA may at any time send yo\.l a letter asking you to substantiate fully your CBl claim. Ifyou receive such a let1er, you must provide U
.S. EPA with a response within the number ofdays set forth in the U.S. EPA request letter. You may seek an extension ofthe response period specified in the letter. Except in extraordinary circumsran<.:es, no extension will be approved. Failure to submit your comments within that time would be regarded as a waiver ofyour confidentiality claim or claims, and U.S. EPA may release the information. U
.S. EPA will ask you to specify whi<.:h portions ofthe information you consider confidential. You must be specific by page, paragraph, 

### and sentence when identifying the information subject to your claim
. 

### Any information not specifically identified as subject to aconfidentiality claim may be disclosed to the requestor without further notice to YOLI. 

### for each item or class ofinfonnation that you identify as being subjccllo CBl. C
.S. EPA

### will ask you to answer the following questions, giving as much detail as possible: l. 

### For what period oftime do you request that the information be maintained as confidential, c.g.,until a certain date, until the occurrence ofa specilied event. or permanently? Ifthe occurrence ofa specilic event will eliminate the need for conlidentiality,please specify that event. 2. lnforrnation submitted to U
.S. EPA becomes stale over time
. Why should the information you claim as contidential be protected for the time period specified in your answer to question #

### I? 3. What measures have you taken to protect the information claimed as confidential? Have you disclosed the information to anyone otherthan a governmental body or someone who is bound by an agreement not to disclose the information further? Ifso, why should the information still be considered confidential? 4. Is the information contained in any publicly available material such as the Internet, publicly available databases. promotional publications, anllllal reports, or articles? Is there any means by which amember ofthe public could obtain access to the information? Is the information ofa kind that you would customarily not release to the public? 5. Has any governmcntal body made a dctermination as to the confidentiality ofthe information'? Ifso,please attach a copy ofthe dctermination. 6. For each category ofinformation claimed as contidential, explain with speciticilY why release ofthe information is likely to cause substa'1tial harm to your competitive position. Explain the specific nature ofthose harmful effects
. why they should be viewed as substantiaL and the causal relationship bet\vccn disclosure and such harmfhl effects. How could your competitors make use of this information to your detriment? 7
. Do you assert that the information is submitted on a voluntary or a mandatory basis? Please explain the reason for yoW" assertion
. Ifyou assert that the information is voluntarily submitted information, explain whether and \vhy disclosure ofthe information would tend to lessen the availability to U.S. EPA of similar information in the future. 8. Any other issue you deem relevant (including, ifpertin·:nL reasons why you believe that the information you claim to be CI:3J is not emission or effluent data
.) Please note that emission data provided under Section 114 ofthe CAl\, 42 

## eSc. 97414, is not entitled to confidential treatment under 40 C
.F.R
. Pm1 

### 2
. "Emission data" means, with reference to any source ofemission ofany substance into the air:
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### (a) Information necessary to determine the identity, amount, frequency. concentration, or other characteristics (to the extent related to air quality) ofany emission which has been emitted by the source (or ofany pollutant resulting from any emission by the source), or any combination ofthe foregoing; (b) Infonnation necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which,under an applicable standard or limitation, the Source was authorized to emit (including, to the extent necessary for such purposes, a description of'the manner and rate ofoperation of the s0urce); and (c) Ageneral description ofthe location and/or nature ofthe source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, adescription ofthe device. installation, or operation constituting the source)
. 40 C.F.R. §§2.301

### (a)(2)(i)(A), (B) and (C) Ifyou receive arequest for a substantiation letter from the EPA, you bearthe burden of substantiating your confidentiality claim. Conclusory allegations will be given link or no weight in the determination. In substantiating your eBI claim(s), U.S
.EPA will require you to bracket all text so claimed and mark it "CBl." Information so designated will be disclosed by 

### U,S,EPA only to the extent allowed by, and by 

### means ofthe procedures set forth in,40 C.F
.R. Pat12, Subpart B. Ifyou fail to claim the infOlmation as confidential, it may be made available to the public without further notice to you,

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