UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202·1129 Phone 800-227-8917 hltp:/Iw\.vw.epa.govfregion08 

### NG\' 05 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 AirAct (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 DepartmentofEnvironmental Quality (MDEQ) that stated 

### it was withdrawing its efforts to adopt a state implementationplan (SIP) for regional haze underEPA's Regional Haze Rule (RHR). 

### found at40 CFR 51.308. Due to Montana's announcement that it would not be addressing the requirements under40 CFR 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 110(c)(I) ofthe Clean AirAct (CAA), 42 U.s.C. §7410(c)(I). As partofourelTort to address requirements underthe RHR for reasonable progress (RP) goals and strategies (see 40 CFRjl.308(d)(I) and jl.308(d)(3)). we previously requested infonnation regarding the Colstrip Energy Limited Partnership facility. We havc reviewcd the infonnalion thatyou submitted dated March 11. 2009 in response to ourJanuary 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 (acirculating 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 ofcontrol options for this unit postmarkt.'<! within 60 days of the date ofthis 

### Ic.:tter. The analysis must address the four factors included in 40 CfR 

### § 51.308(d)( I)(i)(A)

- the costs ofcompliance. Ihe time necessary forcompliance. the energy andnon-airquality environmental impacts ofcompliance. and the remaining usefullifc: ofthe potc:ntially afTected sources. We suggest thal the Best Available Retrolit Technology (BART) Guidelines (sec40 CFR Part 51 Appendix Y) provide additional guidance on how to perfonn the costofcompliance ponion ofthis analysis. Your analysis mustconsider the fuJI range of available control technologies and fureach technology. you must considerthe 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 orthe 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 AirAct. 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. orin the event MDEQ resumes development ora regional ha7..c SIP. in assisting MDEQ in IhatelTort and/or reviewing a regional haze SIP for Montana. Furthennore. infonnation requests pursuantto Section 114 ofthe CAA arc not limited to sources that are regulated by the particular rule EPA is implementing. Forexample, Section 114(a)(1) says that EPA may gather infonnation from "any person who owns oroperates any emission source" or"who the Administratorbelieves may have infonnation necessary for the purposes sct forth in this subsection:' A duly aUlhorized otliccrpragent ofthe facility mustcertify as true. accurate. and complete the response to this information by signing the enclosed StatementofCertification and returning it with Ihe response. Such officeror agent musthave sufficient knowledge and authority to make such representations on behalfofthe Colstrip Energy Limited Pannership. Please submityour 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 abusiness 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 ofInlonnation 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 orfalse 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 

### -2-

### with the tenllS ofthis rt.-qucst may subject the Colstrip Energy Limited Partnership [0 

### entorcel11ent action underSeclion 113 ofthe CAA. 42 U.S.c. §7413. Also enclosed with this Request for Information is a Small Business Regulatory Enforcementand Fairness Act 

### (S13REFA) information sheet. The requirements ofthis letterare not subject to the Paperwork Reduction Act of1980. 44 U.S.c. §3501 

### etseq. We appreciate yourcooperation in this matter. Ifyou have any questions please call Vanessa Hinkle ofmy stall'at 

### 303-312-6561.Sincerely.

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### . Stephen S. Tuher Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance Enclosures

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

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