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 5850 I

RE: Request for Additional Reasonable Progress

Infannalion for the Montana-Dakota Utilities

Company. Lewis and Clark Generating Station.

Pursuant to Section 114(a) of the Clean Air Act

(42 U.S.c. Section 74 14(a))

Dear Ms. Krebsbach:

As you know. on July 19.2006. the Environmental Protection Agency (EPA) received a

lener from the Montana Department of Environmental Quality (MDEQ) that stated it was

withdrawing its efforts to adopt a state implementation plan (SIP) for regional haze under EPA's

Regional Ilaze Rule (RHR). found at 40 CFR 51.308. Due to Montana's announccmcnt that it

would not be addressing the requirements under 40 eFR 51.308. EPA Region 8 is moving

forward with the technical and policy work needed to implement the requirements of the RH R

under a Federal implementation plan (FIP). See Section 11 O(c)(l) of the Clean Air Act (CAI\).

42 U.s.c. §7410(c)(I).

I\s part of our etTort 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 our January 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 of control 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 of compliance. tho time necessary lor compliance. the
energy and non-air quality environmcntal impacts of compliance. 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 of compliance portion of this analysis. Your analysis must consider the full

range of available control technologies and for each technology. you must considt.:r the full range

of emission standards including the most stringent.

We understand this is a complicated endeavor. and we are available to answ-er any

questions that you may have on the RIIR or the RP analysis. We will assist you in any way we

can and look forward to working with you.

Pursuant to Section 114 of the Clean Air Act. 42 U.S.C. §74l4. and under authority 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 of a regional haze SIP. in assisting MDEQ in that eOert and/or

rcviewing a regional haze SIP for Montana. Furthennorc. infonnation requests pursuant to

Scction 114 of the CAA are not limited to sources that are rcgulated by the particular rule EPA is

implcmenting. For example. Section 114(a)(1) says that EPA may gather information from ··any

person who ovms or operates any emission source" or "who the Administrator believes may have

information necessary for the purposes set forth in this subsection:·

A duly authorized officer or agent or the facility must certify as truc. accurate. and

complt:te the response to this information by signing the enclosed Statement of Certification and

returning it with the response. Such ollicer or agent must have sufficient knowledge and

authority to make such representations on behalfof Montana-Dakota Utilities Company.

Please submit your response to:

u.s. Environmental Protection Agency Region VIII

1595 Wynkoop Street

Denver. CO 80202-1129

Attcntion: Vanessa llinkle. 8P-AR

Pursuant to 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 covering any part of the 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 of Infonnation Act. 5 U.S.C. Section 552. lnfonnalion

subject to 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 of false infonnation in response to this request may he actionahk

undcr Section I 13(c)(2) ofthe CAA. as well as 18 U.S.C. §§IOOI and 1341. Failure to comply

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with tht: terms of lhis 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 el seq.

We appreciate your cooperation 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 of Partnerships and Regulatory Assistance

Enclosures

cc: John Bunyak. NPS

Sandra Silva. lJSFWS

Thomas Dzomba. USFS

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