UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION 8 


1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

DE ' 0 6 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 I 14 of the 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 of the Regional I laze Rule (RHR). 40 C.F.R. 

~~51.301. 5 1.308(e), under a proposed Federal Implementation Plan (FIP) for Leland Olds 

Station Unit 2. See Section 110(c)(1) of the Clean Air Act (CAA), 42 U.S.c. ~7410(c)(I). As 

part of our 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) of the 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 of all correspondence between Sargent & Lundy LLC and any selective 

catalytic reduction (SCR) technology system suppliers and/or catalyst suppliers regarding 

the feasibility and/or cost of SCR 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 of all correspondence between Sargent & Lundy LLC and Basin Electric 

(or any other contractors working on behalf of Basin Electric) regarding the solicitation 

and/or review of information from SCR technology system suppliers and/or catalyst 

suppliers about the feasibility and/or cost of SCR technology at Leland Olds Station 

Unit 2. 

4. 	 Provide a copy of all documents reflecting any directions or instructions received by 

Sargent & Lundy LLC regarding the solicitation and/or review of information 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 of any 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/or cost ofSeR technology at 

Leland Olds Station Unit 2. 

6. 	 Provide a copy of any and all documents relating in any way to Sargent & Lundy LLC's 

assessment of SCR as a potential control technology for Leland Olds Station Unit 2. 

You must submit the response to each of the above questions postmarked within ten 

(10) calendar days after your receipt of this letter. Pursuant to Section 114 of the C AA. 

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 of Health (NODH) 

undertakes revisions to the regional haze State Implementation Plan (SIP). in assisting NDDH in 

that effort, and/or in reviewing a regional haze SIP for North Dakota. Information requests 

pursuant to Section 114 of the 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 of Pal1nerships 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 of Sargent & Lundy LLC by signing the enclosed Statement of Certification (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 behalf of Sargent & Lundy LLC . 

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A knowing submittal of false information in response to this request may bc actionable 

un<.kr Section 113(c)(2) of the 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 of this request may subject 

it to an enforcement action under Section 113 of the CAA, 42 U.S.c. ~7413. 

'rhis letter in no way affects the obligations of Sargent & 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 of any rights or remedies under the C AA. 

Pursuant to Section 114(c) of the 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 of the 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 of Information 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 of this 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 of my staff at 303-312-6281. 

S,incerely, 

/. / J J .--~ I 

/ \ ~~ I . I. I '--' / -. -'" . 

/ St phen S. Tuber 

Assistant Regional Administrator 

Office of Partnershi ps and Regulatory Assistance 

Enclosures: 

1. Instructions and Definitions 

2. Statement of Certification 

3. Confidential Business Information 

cc: 	 Tom Bachman, NDDH 

John Bunyak. NPS 

Sandra Silva, USFWS 

Thomas Dzomba, USFS 
ENCLOSUREl 

INSTRUCTIONS 

I. 	 Provide a separate narrative response to each question and subpart of a question set forth 

in the Int()rmation Request. 

2. 	 Precede each answer with the number of the question to which it corresponds and at the 

end of each 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 of that response. 

3. 	 Indicate on each document produced in response to this Intormation Request or in some 

other reasonable manner. the number of the question to which it corresponds. 

4. 	 When a response is provided in the form of a number. specify the units of measure of the 

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 of any 

kind, tormal or informal, whether wholly or partially handwritten or typed , whether in 

computer format. memory, or storage device, or in hardco py, including any form or 

format of these. Ifin computer format or memory, each such document 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 

I certify under penalty of law that I have 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 of tine 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 of the 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 of confidentiality 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 of notice employing language such as "trade secret'" or "proprietary" or "company 

confidential" and a date, if any. 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 of the procedures set forth in Section I 14(c) of the Clean Air Act 

(CAA). and 40 CT.R. Part 2. Allegedly contidential portions of otherwise non-conridential 

documents should be clearly identitied. U.S. EPA will construe the failure to furnish a 

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 similar files from your responses and include 

that information on separate sheet(s) marked as "Personal Privacy Information" given that 

disclosure of such information to the general public may constitute an invasion of privacy. 

b. Substantiation Requirements 

All confidentiality claims 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 of the 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 your consent. 

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. If you receive such a letter, you must provide 

U.S. EPA with a response within the number of days 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 of your confidentiality claim or claims. and u.s. t:PA may release 

the information. U.S. EPA will ask you to specify which portions of the 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 or class of information that you identify as being subject to CBf. U.S. EPA 
will ask you to answer the following questions, giving as much detail as possible: 

1. 	 For what period of time do you request that the information be maintained as 

confidential. e.g., until a certain date, until the occurrence of a speci fied event, or 

permanently? If the occurrence ofa specific event will eliminate the need for 

confidentiality, please specify that event. 

Information submitted to U.S. EPA becomes stale over time. 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? 

If so, 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 of the puhlic could obtain access 

to the information? Is the information of a kind that you would customarily not 

release to the public? 

5. 	 Has any governmental hody made a determination as to the contidentiality of the 

information? Ifso, please attach a copy of the determination. 

6. 	 For each category of information claimed as confidential, explain with specificitv 

why release of the information is likely to cause suhstantial harm to your 

competitive position. Explain the specific nature of those 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 your detriment? 

7. 	 Do you assert that the information is submitted on a voluntary or a mandatory 

hasis? Please explain the reason for your assertion. If you assel1 that the 

information is voluntarily suhmitted information, explain whether and why 

disclosure of the 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, if pertinent, reasons why you 

helieve that the information you claim to be CBI is not emission or effluent data.) 

Please note that emission data provided under Section 114 of the CAA, 42 U.S.c. §7414, 

is not entitled to confidential treatment under 40 C.F.R. Part 2. "Emission data" means, with 

rcl(:rence to any source of emission of any suhstance into the air: 

2 
(a) Information necessary to determinc the identity, amount. frequency , concentration, or 

other characteristics (to the extent related to air quality) of any emission which has been 

emitted by the source (or of any pollutant resulting from any emission by the source), or 

any combination of the foregoing; 

(b) Information necessary to determine the identity, amount, frequency, concentration, or 

other characteristics (to the extent related to air quality) of the 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 of operation of 

the source); and 

(c) A general description of the location and/or nature of the 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 of the device. installation, or operation 

constituting the source). 40 C. F.R. ~§2.30 1(a)(2)(i)(i\), (B) and (C) 

If you 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 of the procedures set forth in, 40 C.F.R. Part 2. 

Subpal18. If you fail to claim the information as contidential. it may be made available to the 

public without further notice to you. 

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