UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202·1129 Phone 800-227-8917 hltp:/lwMv.epa.govlregion08


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### .. Ref: 8P-AR CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Abbie Krebsbach Environmental Manager Montana-Dakota Utilities Company 400 North Fourth Strect 

### Bismarck. orth Dakota 5850I RE: Request forAdditional Reasonable Progress 

### Infannalion for the Montana-Dakota Utilities Company. Lewis and Clark Generating Station. Pursuantto Section 114(a) ofthe Clean AirAct (42 U.S.c. Section 7414(a)) 

### Dear Ms. Krebsbach: As you know. onJuly 19.2006. the Environmental Protection Agency (EPA) received a lener from the Montana DepartmentofEnvironmental Quality (MDEQ) that stated 

### it was 

### withdrawing its

### efforts to adopt astate implementationplan (SIP) forregional haze underEPA's Regional Ilaze Rule (RHR). found at 40 CFR 51.308. Due to Montana's announccmcnt that it would not 

### be addressing the requirements under40 

### eFR 51.308. EPA Region 8 is moving forward with the technical and policy work needed to implement the requirements ofthe RHR under a Federal implementation plan (FIP). See Section 11 O(c)(l) ofthe Clean AirAct (CAI\). 

### 42 U.s.c. §7410(c)(I). I\s part ofouretTort to address requirements under the RHR for reasonable progress (RP) goals and strategies (see 40 CFR 51.308(d)(I) and 51.308(d)(3»). we previously requested infonnation regarding the MonLana·Dakola Utilities Company. Lewis and Clark Generating Station. We havc reviewed the information that you submitted datcd March 17.2009 in response to ourJanuary 29. 2009 CI\A 

### Section 114 information requcst on the emission unit at your facility. Based on the emissions and current control technology information you submitted. emissions unit 1 (a tangential coal/natural gas boiler) is a source that warrants further analysis in considcring and devdoping strategies for achieving the RP goal for Montana. Please submit an analysis ofcontrol options for this unit postmarked within 60 days of the date ofLhis letter. The analysis must address the four factors included in 40 eFR § 51.308(d)(I)(i)(A)

- the costs ofcompliance. tho time necessary lorcompliance. theenergy and non-air quality environmcntal impacts ofcompliance. and the**r~maining** uscfullife of the potentially atreeled sources. We suggest that the Best Available Retrofit Technology (BART) Guidelines (see 40

## erR Part 51 Appendix Y) provide additional guidance on how to perform the cost ofcompliance portion ofthis analysis. Your analysis must considerthe full range ofavailable control technologies and for each technology. you must considt.:r the full range ofemission standards including the most stringent. We understand this is a complicated endeavor. and we are available to answ-erany questions that you may have on the RIIR orthe RP analysis. We will assist you in any way we can and look forward to working with you. Pursuant to Section 114 ofthe Clean Air Act. 42 U.S.C. §74l4. and underauthority July delegated to the undersigned. you arc required to provide us with the infonnation specified in this letter. This infonnation will be used by EPA in developing a regional haze flP. or in the event MDEQ resumes development ofa regional haze SIP. in assisting MDEQ in that eOert and/or rcviewing a regional haze SIP for Montana. Furthennorc. infonnation requests pursuantto Scction 114 ofthe CAA are not limited to sources that are rcgulated by the particularrule EPA is implcmenting. Forexample. Section 114(a)

### (1) says that EPA may gatherinformation from ··any person who ovms or operates any emission source" or "who the Administratorbelieves may have information necessary for the purposes set forth in this subsection:· A duly authorized officeror agent orthe facility must certify as truc. accurate. and complt:te the response to this information by signing the enclosed StatementofCertification and returning it with the response. Such olliceror agent must have sufficient knowledge and authority to make such representations on behalfofMontana-Dakota Utilities Company. Please submityourresponse to: 

# u.s. Environmental Protection Agency Region VIII 1595 Wynkoop Street Denver. CO 80202-1129 Attcntion: Vanessa llinkle. 8P-AR Pursuantto Section 114(c) ofthe CM. 42 U.S.C. §7414(e). and 40 C.r.R. Pan 2. Subpart 11 Montana-Dakota Utilities Company is entitled to assert a business confidentiality claim coveringany part ofthe submitted information. Attachment B specified tht.: assertion and substuntiation requirements for business confidentiality claims. Failure to asscrt sueh a claim makes the submitted information subjc(,;t to public disclosure upon request and without further notice to yOll. pursuant to the Freedom ofInfonnation Act. 5 U.S.C. Section 552. lnfonnalion subjectto a business contidentiality claim may only be made available to the public in accordance with 40 C.F.R. Part 2. Subpart 

### B. A knowing submittal offalse infonnation in response to this request may he actionahk undcr Section I13(c)(2) ofthe CAA. as well as 18 U.S.C. 

### §§IOOI and 1341. Failure to comply 

### -2-with tht: terms oflhis request may**Sll~jcct** Montana·Dakota Utilities Company to t:nforcement action under Section 113 ufthe CAA. 42 U.S.c:. §7413. Also enclosed with this Request for Inloffi1ation is a Small Business Regulatory Enforcement and Fairness Act (SBREFA) infonnation sh<''CL The requin:ll1cnts 

### ofthis 

### ICHcr arc not subjl:ct to the Papcnvork Reduction I\ct 

### of 1980. 

### 44lJ.S.C. *3501 elseq. We appreciate yourcooperation in this malter. 

### Ifyou have any questions please call Vanessa Hinkle ormy stafful303-3l2-6561.Sincerdy

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### • •**'~** Stephen S. Tuh<r Assistant Regional Administrator Oflice ofPartnerships and Regulatory Assistance Enclosures

cc: John Bunyak. NPS Sandra Silva. lJSFWS Thomas Dzomba. USFS



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