UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

1595 Wynkoop Street

DENVER, CO 80202-1129

Phone 800·227·8917

http://www.epa.govlregion08

NO'i 0 Z01'~

Ref 8P-AR

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Owen Orndorff

President

Billings Generation. Inc.

Suite 200

1087 West River Street

Boise. Idaho 83702

RE: Request for Additional Reasonable Progress

Information for the Yellowstone Energy Limited

Partnership Facility Pursuant to Section 114(a) of

the Clean Air Act (42 U.S.c. Section 7414(a))

Dear Mr. Orndorff:

As you know. on July 19,2006, the Environmental Protection Agency (EPA) received 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 ofthe RHR

under a Federal implementation plan (FIP). Sec Sectinn 110(c)( I) ofthe Clean Air Act (CAA).

42 USC. *7410(c)( 1)

As part of our effort to address requirements under the RllR for reasonable progress (RP)

goals and strategies (see 40 CFR 51.308(d)( I) and 51.308(d)(3)). we previously requested

information regarding the Yellowstone Energy Limitcd Partnership Facility. We have reviewed

the infonnation that you submitted dated March 11.2009 in response to our January 29,2009

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

emissions and current control technology information you submitted. emissions unit 1 and

emissions unit 2 (circulating fluidized bed boilers) are sources that warrant funher analysis in

considering and developing strategies for achieving the RP goal for Montana.

Please submit an analysis of control options for these units postmarked within 60 days of

thc date of this letter. The analysis must address the four tactors included in

40 eFR*51.308(d)(1 )(i)(A) - the costs or compliance. the time necessary lor compliance. the
t.:ncrgy and non-air quality environmental impacls of compliance. and the remaining USCI'llI life of

the potentially affected sources. We suggest that the Best Available Retrofit-'·cchnology

(HART) Guidelines (see 40 CFR Pan 51 Appendix y) provide additional guidance 011 how to

perrOml 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 consider the full range

of emission standards including the most stringent.

We understand this is a complicated endeavor. and we are available to answer any

questions that you may have on the RHR 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.CO *7414. and under uuthority duly

dclegatl:d to the undersigned. you arc required to provide us with the infonnation specified in this

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

MDEQ resumes development ofa regional haze SIP. in assisting MDEQ in that effort and/or

reviewing a regional haze SIP for Montana. furthermore. information requests pursuant to

Seclion 114 ofthc CAA are not limited to sources that arc regulated by the particular rule EPA is

implementing. For example. Section I 14(a)(1 ) says that EPA may gather information from "any

person who owns or operates any emission source" or "who the Administrator bcli~vcs may have

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

A duly authorized officer or 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 lhe response. Such oflicer or agent must have sufficient knowledge and

authority to make such representations on behalf of the Yellowstone Encrbry Limited Partnership.

Please submit your response to:

U.S. Environmental Protection Agency Region VIII

1595 Wynkoop Street

Denver. CO 80202-1129

Attention: Vanessa Hinkle. 8P-AR

Pursuant to Section 114(c) ofthe CAA. 42lJ.S.C. §7414(c). and 40 C.F.R. Part 2.

Suhpart B. the Yellowstone Energy Limited Partnership is entitled to assert a busincss

confidenliality claim covering any part of the submitted infonnation. Attachment B spccilicd the

a'iscrtion and substantiation requirements for business confidentiality claims. Failure to a'iscrt

such a claim makes the submitted information subject to public disclosure upon request and

without further notice to you. pursuant to the freedom of Information Act. 5 U.S.C. Sl.'Ction 552.

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

in accordance with 40 C.F.R. Part 2. Subpart B.

A knowing submittal of false information in response to this request may be actionable

under Section 113(c)(2) of the CAA. as well as 18 U.S.C. §§ 100 1 and 1341. Failurc to comply

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with the temlS of this request may subject the Yello\l,'stonc Energy Limited Partnership to

enforcement action under Section 113 of the CAA. 42 U.S.C. *7413.

Also enclosed with this Request for Inronnation is a Small Business Reguhnory

Enforcement and Fairness Act (SBREFA) infonnation sheet.

The requirements of this letter arc not subject to the Paperwork Reduction Act of 1980.

44 U.S.c. §3501 Ij/ seq.

We appreciate your coopemtion in this matter. ffyou have any questions pkase call

Vanessa Ilinkle ofm)' smtTat303-312·6561.

Sincerely.

/ ., . p... r '-

_../"-

, - Stephen S. Tuber

Assistant Regional Administrator

Office of Partnerships and Regulatory Assistance

Enclosures

cc: John Bunyak. PS

Sandra Silva. USFWS

Thomas Dwmba. USFS

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