UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

1595 Wynkoop Street

DENVER, CO 80202·1129

Phone 800-227-8917

hltp:/Iw\.vw.epa.govfregion08

NG\' 0 5 2010

Ref: 8P-AR

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Owcn H. OrndorlT

Vice President

Rosebud Energy Corporation

Suite 200

1087 West River Slrcet

Boise. Idaho 83702

RE: Request for Additional Reasonable Progress

Infonnation for the Colstrip Energy Limited

Partnership facility Pursuant to Section 114(a) of

the Clean Air Act (42 U.S.c. Section 74I4(a))

Dear Mr. OmdorfT:

As you know. on July 19.2006. the Environmental Protection Agency (EPA) receivt.'d a

letter 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 Haze Rule (RHR). found at 40 CFR 51.308. Due to Montana's announcement that it

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

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

under a Federal implementation plan (FIP). See Section 110(c)(I) of the Clean Air Act (CAA),

42 U.s.C. §7410(c)(I).

As part of our elTort to address requirements under the RHR for reasonable progress (RP)

goals and strategies (see 40 CFR jl.308(d)(I) and jl.308(d)(3)). we previously requested

infonnation regarding the Colstrip Energy Limited Partnership facility. We havc reviewcd the

infonnalion that you submitted dated March 11. 2009 in response to our January 29. 2009 CAl\.

Section 114 information request on the emission units at your facility. Based on the ~missions

and current control technology infonnation you submitted. emissions unit 1 (a circulating

fluidized bed boiler) is a source that warrants further analysis in considering and dc:vcloping

slnltcgics for achieving the RP goal for Montana.

Ph.:ase submit an analysis of control options for this unit postmarkt.'<! within 60 days of

the date of this Ic.:tter. The analysis must address the four factors included in 40 CfR §

51.308(d)( I )(i)(A) - the costs of compliance. Ihe time necessary for compliance. the energy and
non-air quality environmental impacts of compliance. and the remaining usefullifc: ofthe

potc:ntially afTected sources. We suggest thal the Best Available Retrolit Technology (BART)

Guidelines (sec 40 CFR Part 51 Appendix Y) provide additional guidance on how to perfonn the

cost of compliance ponion ofthis analysis. Your analysis must consider the fuJI range of

available control technologies and fur each technology. you must consider the full mngc of

emission standards including the Illost stringent.

We understand this is a wmplicated t:ndeavor. and v,te arc available to ansWer any

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

C~lI1 and look l"o['\\iard to working with you.

Pursuant to St..'Ction 114 orthe Clean Air Act. 42lJ.S.C. §7414. and under authority duly

delegated to the undersigned. you are required to provide us with the infomlarion specified in this

letter. This infonnation will be used by EPA in developing a regional haze FlP. or in the event

MDEQ resumes development ora regional ha7..c SIP. in assisting MDEQ in Ihat elTort and/or

reviewing a regional haze SIP for Montana. Furthennore. infonnation requests pursuant to

Section 114 ofthe CAA arc 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 infonnation from "any

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

infonnation necessary for the purposes sct forth in this subsection:'

A duly aUlhorized otliccr pr agent ofthe facility must certify as true. accurate. and

complete the response to this information by signing the enclosed Statement ofCertification and

returning it with Ihe response. Such officer or agent must have sufficient knowledge and

authority to make such representations on behalf ofthe Colstrip Energy Limited Pannership.

Please submit your response 10:

U.S. Environmental Protection Agency Region VIII

1595 Wynkoop Street

Deny"r, CO 80202-1129

Attention: Vanessa Hinkle. 8P-AR

PursuanL LO SecLion 114(c) oflhe CAA, 42 USC §7414(c), and 40 C.F.R.Part 2.

Subpart B. the Colstrip Energy Limited Partnership is cntitled to assen a business confidcntiality

claim covering any part ofthe submitted infonnation. Attachment B specified the assertion and

substantiation rcquiremenLS for business confidentiality claims. Failure to assen such a claim

makes the submitted infonnation subject to public disclosure upon request and without further

notice to you. pursuant to th~ Freedom of Inlonnation Act. 5 U.S.C. Section 552. Information

subject to a business confidentiality claim may only be made available 10 the public in

accordance with 40 C.F.R. Purt 2. Subpart f3.

A knowing submittal or false in!()mmtion in response to this request may be actionable

under Section 113(c)(l) ofthe CAA. as well as 18 U.S.c. §§ 1001 and 1341. Failure to comply

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with the tenllS of this rt.-qucst may subject the Colstrip Energy Limited Partnership [0

entorcel11ent action under Seclion 113 of the CAA. 42 U.S.c. §7413.

Also enclosed with this Request for Information is a Small Business Regulatory

Enforcement and Fairness Act (S13REFA) information sheet.

The requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980.

44 U.S.c. §3501 et seq.

We appreciate your cooperation in this matter. If you have any questions please call

Vanessa Hinkle of my stall' at 303-312-6561.

Sincerely.

~\ 'A I '-~

. Stephen S. Tuher

Assistant Regional Administrator

Office of Partnerships and Regulatory Assistance

Enclosures

cc: John Bunyak. NPS

Sandra Silva. USFWS

Thomas Dzomba. USFS

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