UNITEDSTATESEN~RONMENTALPROTECnONAGENCY 

REGION 8 

1595 Wynkoop Street 

DENVER. CO 80202-1129 

Phone 800-227-8917 

http/l'www.epa.gov/region08 

Ref: gp-/\R 

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 for North 

Dakota Regional tlaze 

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! I O(a)(2)( D) of tht? Ckdn I\i r /\ct 

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

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 of 4() (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 expedited 
revision 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. If you have any questions on this notification. please contact me at 303-.312-6416. 

or have yom staff contact 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