**UNITEDSTATESEN~RONMENTALPROTECnONAGENCY** REGION 8 1595 Wynkoop Street DENVER. CO 80202-1129 Phone 800-227-8917 http/l'www.epa.gov/region08

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Terry O·Clair. Director Division of Air Quality Environmental Health Section North Dakota Department of Health 918 E. Divide !\ve. Bismarck. ND 58501-1947

RE: Environmental Protection Agency Intent to Propose Partial Federal Implementation Plan f or North Dakota Regional 

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Dear Mr. O"(,Jair:

This letter is provided to inform YOll that the Environmental Protection Agency (!-:PA) intends to propose a Federallmplcmentatlon Plan (FIP) lor a portion ot'North Dakota's regional haze plan. Our intended course of action is driven by the ongoing disagreement betv,cen EPA and the North Dakota Department of Health (NDDH) on Best Available Retrofit Technology (!3ART) nitrogen oxides (1\jOJ controls for Basin Electric Power Cooperative. Leland Olds Station (LOS) Unit 2. and Minnkota Power Cooperative. Milton R

. Young Station (MRYS) Units 1 and 2. EPA is obligated to resolve thi s matter promptly in order to comply with a Consent Decree that resulted from a WildEarth Guardians la\vsuit: the Consent Decree requires that FPA sign a notice by May 10.2011 approving a State Impl ementation Plan (SlP) or I :!P or a combination SIP/FIP that mt?ets the requirements oj' section! IO(a)(2)( D) of tht? Ckdn I \ir / \ct

.(CAA) regarding interference with measures in other states re lated to protectio!l ot' vis ibility.

EPA's preliminary position is that the North Dakota regional haze SIP

. as currently proposed. does not meet the requirements of section II 0(a)(2)(0) or those of4() (TR 51

.308 with respect to the NO, BART controls for LOS Unit 2 and MRYS Unit I and Unit 2. Thus. EPA Region 8 is moving forward with the technical and policy work needed to support a proposed FIP for these three units for**NO ~**  BART emission controls. See Section 1\ O(c)( I) of the CAA. 42 U.s.C.**~741** O(c)( 1). We intend to utilize information requests pursuant to Section 114(a) orthe c.

.'\J\. 42 USc.**~** 7414(a). us necessary. to obtain information from Basin Llectric and Minnkota as well as their contractors where such information may be required to support the proposed I:IP

. \/v'e regret that agreement could not be reached for the NO, BART controls on the three units in question. We are open to working with you to address this BART issue (in addition to the reasonable progress issues we are already working together to address) through an expeditedrevision to North Dakota· s regional haze SIP in the event you opt to reconsider your NO, BJ\ RT decision for these units

. We acknowledge your tremendoLls effort in the regional ha7.c planning process to datc. However. our preliminary conclusion remains that the potcntial additional N(\ emission reductions of 17.000 tons per year \'V'ith an estimated visibility improvement or over 1.5 deciviews at Theodore Roosevelt National Park \varrant proposing more stringent NO, controls lor LOS Unit 2 and MRYS Unit 1 and**tJi~it** 2.

Please note that we will only come to a final decision regarding the adequacy 

# or the State's regional haz.e SIP. including**NO~** BART determinations tor LOS Unit 2 and MRYS Units I and 2. when we act on the State's submittal through our own public notice and comment rulemaking. Ifyou have any questions on this notification. please contact me at 303-.312-6416.
or have yom staffcontact Gail Fallon at 303-312-6281.

# c:JJ**~** Carl Daly. Acting Director Air Program

cc: Tom Bachman. NDDII .John Bunyak. NPS Sandra Silva. LJSt:'WS Thomas I)/omoa. LiSFS