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

### DE ' 

### 06

### 2Di Ref: 8P-AR CERTIFIED MAIL

- RETURN RECEIPT REQUESTED William DePriest Senior Vice President Environmental Services Sargent 

### & Lundy LLC 55 East Monroe Street Chicago. IL 60603 RE: Request for Information for Basin Electric's Leland Olds Station in North Dakota Pursuant to Section I14 ofthe Clean Air Act Dear Mr. DePriest: The United States Environmental Protection Agency (EPA) hereby requires Sargent & Lundy LLC to provide certain information relating to Leland Olds Station Unit 2, in Stanton. North Dakota. EPA Region 8 is moving forward with the work needed to implement the Best Available Retrofit Technology (BART) requirements ofthe Regional Ilaze Rule (RHR). 40 C.F.R
.**~~51.301.** 51.308(e), under a proposed Federal Implementation Plan (FIP) for Leland Olds Station Unit 2. See Section 110(c)(1) ofthe Clean Air Act (CAA), 42 U.S.c.**~7410(c)(I).** As part ofour effort to address these RHR requirements. EPA is requiring that Sargent & Lundy LLC provide the information detailed below. This information request is issued under Section 114(a) ofthe CAA 42 U.S.c.**~7414(a).** You are hereby required to respond to the following requests for information within the time periods specitied. Please see Enclosure I for instructions and definitions
. I. Provide a copy ofall correspondence 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. Provide all calculations. lormulas. and methodologies, incluuing electronic spreadsheet tiles. used to generate the costs presented in the Sargent & Lundy LLC letter to Basin Electric Power Cooperative dated May 27. 2009 on the subject of"BART Evaluation Update

- Tail l-:nd SCR
.·'3. Provide a copy ofall correspondence 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/or catalyst suppliers about the feasibility and/orcost ofSCR technology at Leland Olds Station Unit 2. 4. Provide a copy ofall documents reflecting any directions or instructions received by Sargent & Lundy LLC regarding the solicitation and/or review ofinformation from SCR technology system suppliers and/or catalyst suppliers about the feasibility and/or cost of SCR technology at Leland 019s Station Unit 2
. 

### 5. Provide a copy ofany additional documents. including, but not limited to, any documents generated by Sargent & Lundy LLC, regarding infonnation from SCR technology system suppliers and/or catalyst suppliers about the feasibility and/orcost ofSeR 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. You must submitthe response to each ofthe above questions postmarked within ten (10) calendar days afteryour receiptofthis letter. 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 (NODH) undertakes revisions to the regional haze State Implementation Plan (SIP). in assistingNDDH in that effort, and/or in reviewing a regional haze SIP for North Dakota. Information requests pursuant to Section 114 ofthe CAA are not limited to sources that are regulated by the particular rule EPA is implementing. For example, Section 114(a)(1) says that EPA may gather information from any person "who owns or operates any emission source" or "who the Administrator believes may have information necessary for the purposes set forth in this subsection." Please submit your response to this letter to: U.S. Environmental Protection Agency, Region S OtTice ofPal1nerships and Regulatory Assistance (8P-AR) 1595 Wynkoop Street Denver. Colorado 80202-1129 Attention: Gail Fallon Your response to this requested infonnation must be certified by a duly authorized otTirer or agent ofSargent & Lundy LLC by signing the enclosed StatementofCertification (see Enclosure 2) and returning it with your response. All information submitted in response to this request must be certified as true, correct, accurate, and complete by an individual with sufficient knowledge and authority to make such representations on behalfofSargent & Lundy LLC
. 2

### A knowing submittal offalse information in response to this request may bc actionable un<.kr Section 113(c)(2) ofthe CAA, as well as 18 lJ.S.C.**~~** 

### 1001 and 1341. Sargent & 

### Lundy LLC 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 CAA, 42 U.S.c.**~7413.**



### 'rhis letter in no way affects the obligations ofSargent & 

### Lundy LLC to comply with other local, State and Federal laws and regulations. In addition. nothing in this letter shall be construed to be a waiver by EPA ofany rights or remedies under the CAA. Pursuant to Section 114(c) ofthe CAA. 42 U.S.c. §7414(c), and 40 C.F.R. Part 2, Subpm1 B, Sargent & 

### Lundy LLC is entitled to assert a business confidentiality claim covering any part ofthe submitted information. Enclosure 3 specifies the assertion and substantiation requirements for business confidentiality claims
. Failure to assel1 such a claim makes the submitted information subject to public disclosure upon request and without further notice to you, pursuant to the Freedom ofInformation Act, 5 U.S
.c. Section 552. Information subject to a business confidentiality claim may only be made available to the public in accordance with 40 C.F.R. Pal1 2. Subpal1 B. The requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980, 44 U.S.C
.**~3501** 

### el seq. We appreciate your cooperation in this matter. [fyou have any questions please call Gail Fallon ofmy staffat 303-312-6281. S ,incerely, /. / J

### J

# .--~ 

# I / \**~~** I
. I. I '--' 

## / 

# -
. 

### -'"

. 

### / St phen S. Tuber Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance
Enclosures: 1. Instructions and Definitions 2. Statement ofCertification 3. Confidential Business Information
cc: Tom Bachman, NDDH John Bunyak. NPS Sandra Silva, USFWS Thomas Dzomba, USFSENCLOSUREl INSTRUCTIONS I. Provide a separate narrative response to each question and subpart ofa question set forth in the Int()rmation Request. 2. Precede each answer with the number ofthe question to which it corresponds and at the end ofeach answer identify the person(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 Intormation Request or in some other reasonable 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 number in 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 possession and identify any source that either possesses or is likely to possess such information. DEFINITIONS All terms used in this Request I()r Intormation will have their ordinary meaning unless such terms are defined in the Act. 42 U.s.C.**~7401,** 40 C
.F.R
. Part 52, or other Clean Air Act implementing regulations
. I. The terms --document" and "'documents" shall mean any object that records, stores, or presents intomlation, and includes writings, memoranda, records, or information ofany kind, tormal or informal, whether wholly or partially handwritten or typed,whether in computer format. memory, or storage device, or in hardcopy, including any form or format ofthese. Ifin computer format or memory, each suchdocument shall be provided in translation to a form 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. The term "correspondence" shall mean any document that conveys information between the persons identitied in the question. 3. The terms "you" or "'Sargent & Lundy LLC' shall mean Sargent & Lundy LLC, and its officers, partners, managers, employees, contractors, trustees, successors, predecessors, assigns, and agents. I

### ENCLOSURE 2 STATEMENT OF CERTIFICATION
Icertify 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. accurate. and complete. I am aware that there are significant penalties for submitting false information, including the possibility oftine or imprisonment.

(Signature)

(Title)

(Date)- - - - - ------

ENCLOSLIRE 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 a claim of confidentiality. Any document 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). a cover 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 contidential. 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 I14(c) ofthe Clean Air Act (CAA). and 40 CT.R. Part 2. Allegedly contidential portions ofotherwise non-conridential documents should be clearly identitied. U.S. EPA will construe the failure to furnisha contidentiality claim with your response to the attached letter as a waiver orthat claim, and the information may be made available to the public without further notice to you. Please segregate personnel, medical and similarfiles from your responses and include that information on separate sheet(s) marked as "Personal Privacy Information" given that disclosure ofsuch information to the general public may constitute an invasion ofprivacy. b. Substantiation Requirements All confidentialityclaims are subject to U.S. EPA verification and must be made in accordance with 40 C.F.R. §2.208 which provides in part that you satisfactorily show that you have taken reasonable measures to protect the confidentiality ofthe information and that you intend to continue to do so and that the information is not and has not been reasonably obtainable by legitimate means without yourconsent. Pursuant to 40 C.F.R. Part 2. Subpart R, u.S. EPA may at any time send you a letter asking you to substantiate fully your CBI claim. Ifyou receive such a letter, 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 oCthe response period specitied in the letter. Except in extraordinary circumstances. 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. t:PA may release the information. U
.S. EPA will ask you to specify which portions ofthe inl'ormation you consider confidential. You must be specific by page, paragraph, and sentence when identifying the information subject to your claim. Any information not specifically identitied as subject to a confidentiality claim may be disclosed to the requestor without further notice to you. For each item orclass ofinformation that you identify as being subject to CBf. U.S. EPAwill ask you to answer the following questions, giving as much detail as possible: 1. For what period oftime do you request that the information be maintained as confidential. e.g., until a certain date, until the occurrence ofa specified event, or permanently? Ifthe occurrence ofa specific event will eliminate the need for confidentiality, please specify that event. Information submitted to U.S. EPA becomes stale overtime. Why should the information you claim as confidential be protected for the time period specified in your ansvver to question #I?

-, .J. What measures have you taken to protect the information claimed as confidential? Have you disclosed the information to anyone other than a governmental body or someone who is bound by an agreement not to disclose the information further? Ifso, why should the informa'tion still be considered confidential? 4
. Is the information contained in any publicly available material such as the Internet. publicly availahle databases, promotional puhlications, annual reports, or articles? Is there any means by which a member ofthe puhlic could obtain access to the information? Is the information ofa kind that you would customarily not release to the public? 5. Has any governmental hody made a determination as to the contidentiality ofthe information? Ifso, please attach a copy ofthe determination. 6. For each category ofinformation claimed as confidential,explain with specificitv why release ofthe information is likely to cause suhstantial harm to your competitive position. Explain the specific nature ofthose harmful effects, why they should he viewed as substantial. and the causal relationship hetween disclosure and such harmful effects. How could your competitors make use of this information to yourdetriment? 7. Do you assert that theinformation is submitted on a voluntary ora mandatory hasis? Please explain the reason for your assertion. Ifyou assel1 that the information is voluntarily suhmitted information, explain whether and why 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, ifpertinent, reasons why you helieve that the information you claim to be CBI is not emission oreffluent data.) Please note that emission data provided under Section 114 ofthe CAA, 42 U.S.c. §7414, is not entitled to confidential treatment under40 C.F.R. Part 2. "Emission data" means, with rcl(:rence to any source ofemission ofany suhstance into the air:
2(a) Information necessary to determinc the identity, amount. frequency,concentration, or other characteristics (to the extent related to airquality) 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) Information 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 ofthe manner and rate ofoperation of the source); 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 sourccs (including, to the extent necessary for such purposes. a description ofthe device. installation, oroperation constituting the source). 40 C.F
.R.**~§2.30** 1(a)(2)(i)(i\), (B) and (C) Ifyou receive a request for a substantiation letter from the EPA, you bear the burden of substantiatinu: your confidentiality claim. Conclusory allegations will be given little or no weight in the determination. In substantiating your CBI claim(s). U.S. EPA will require you to bracket all text so claimed and mark it "CBI.·' 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. Part 2. Subpal18. Ifyou fail to claim the information as contidential. it may be made available to the public without further notice to you.

"l .l