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: RequestforAdditional Reasonable Progress Information for the Yellowstone Energy Limited Partnership Facility Pursuant to 

### Section 114(a) of the Clean AirAct (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 DepartmentofEnvironmental 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 CFR51.308. 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 implementthe requirements ofthe RHR under a Federal implementation plan (FIP). Sec Sectinn 110(c)(I) ofthe Clean AirAct (CAA). 

### 42 USC. *7410(c)(1) 

### As part ofoureffort to address requirements underthe 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 ourJanuary 29,2009 CAA Section 114 information request on the emission units at your facility. Basedon 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 ofcontrol options for these units postmarked within 60 days of thc date ofthis letter. The analysis must address the four tactors included in 40 eFR

# *51.308(d)(1 )(i)(A)

- the costs orcompliance. the time necessary lorcompliance. thet.:ncrgy and non-airquality environmental impacls ofcompliance. and the remaining USCI'llIlife of the potentially affected sources. We suggest thatthe Best Available Retrofit-'·cchnology (HART) Guidelines (see 40 CFR Pan 51 Appendix y) provide additional guidance 011 how to perrOml the cost ofcompliance portion ofthis analysis. Youranalysis must consider the full range ofavailable control technologies and for each technology. you must considerthe full range ofemission standards including the most stringent. We understand this is a complicatedendeavor. and we are available to answer any questions thatyou may have on the RHR orthe RP analysis. We will assistyou in any way we can and look forward to working with you. Pursuant to Section 114 ofthe Clean AirAct. 42 U.S.CO *7414. and underuuthority 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. orin the event MDEQ resumes development ofaregional 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 particularrule EPA is implementing. Forexample. Section I14(a)(1) says that EPA may gather information from "any person who owns oroperates any emission source" or "who the Administrator**bcli~vcs** may have information necessary for the purposes sct forth in this subsection:' A duly authorized officeroragent ofthe facility must certify as true. accurate. and complete the response to this information by signing the enclosed StatementofCertification and returning it with lhe response. Such ofliceror agent must have sufficient knowledge and authority to make such representations on behalfofthe 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 ofthe 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 ofInformation Act. 5 U.S.C. Sl.'Ction 552. Infomlation subjectto abusiness confidentiality claim may only 

### be made available 10 the public in accordance with 40 C.F.R. Part 2. Subpart 

### B. A knowing submittal offalse information in response to this request may be actionable under Section 113(c)(2) ofthe CAA. as well as 18 U.S.C. §§ 1001 and 1341. Failurc to comply 

### -2-

### with the temlS ofthis request may subject the Yello\l,'stonc Energy Limited Partnership to enforcement action under Section 113 ofthe 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 

### ofthis letterarc not subject to the Paperwork Reduction Act of 1980. 44 U.S.c. §3501 Ij/ 

### seq. 

### We appreciate yourcoopemtion in this matter. ffyou have any questions 

### pkase call Vanessa Ilinkle ofm)' smtTat303-312·6561.Sincerely. / 

# .,

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### , - Stephen S. Tuber Assistant Regional Administrator Office ofPartnerships and Regulatory Assistance Enclosures

cc: 

### John Bunyak. PS SandraSilva. USFWS Thomas Dwmba. USFS



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