UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

NOV OFFICE OF - 4 2011 

AIR AND RADIATION 

The Honorable John Hoeven 

United States Senate 

Washington, D.C. 20515 

Dear Senator Hoeven: 

Thank you for your letter of October 6, 2011, co-signed by two of your colleagues, addressed to 

Administrator Lisa Jackson in which you request that the U.S. Environmental Protection Agency respect 

the technical judgment of North Dakota as the state permitting authority and accept the state's State 

Implementation Plan (SIP) for regional haze. 

We acknowledge the importance of the issues related to several coal-fired power plants in North Dakota 

and agree that states have primary responsibility to develop regional haze SIPs. However, the Clean Air 

Act (CAA) clearly requires the EPA to review the adequacy of the regional haze SIPs and requires the 

EPA to take action to correct any deficiencies in the SIP where the EPA has disapproved all or part of a 

SIP. See CAA sections llO(k) and (c). 

In our September 21,2011 proposal, we agreed with many of North Dakota's decisions regarding CAArequired Best Available Retrofit Technology (BART) - emission controls for certain types of older 

industrial facilities emitting air pollutants that reduce visibility. However, because North Dakota's 

analyses of controls for some of the sources subject to BART, and of controls on other sources that 

could help provide reasonable progress towards visibility goals, are not merely different from our own, 

but appear to be significantly flawed, we proposed disapproval ofthose parts ofthe SIP and proposed a 

Federal Implementation Plan (FIP) to ensure that air pollution improvements continue. Specifically, we 

disagree with North Dakota's conclusions that selective catalytic reduction (SCR) to reduce nitrogen 

oxide emissions from facilities in North Dakota is technically infeasible. We also found that North 

Dakota has substantially over-estimated costs and based some control level conclusions on modeling 

techniques which substantially understate visibility improvements. Nonetheless, our proposal notes that 

should we finalize our FIP as proposed, the affected facilities and/or the state may request 

reconsideration of our final action based on the potential outcomes of any field testing of SCR feasibility 

they may choose to undertake prior to the datc the cmission limits in our FIP become effective. 

We thank you for testifying at the publ ic hearing held on October 14, 2011. We welcome public 

comments on our proposaL until November 21, 2011. We intend to carefully consider these comments as 

we make a final decision. Our current schedule, which is court-ordered, requires us to make a final 

decision on our proposal no later than February 9, 2012. 

Internet Address (URL) • http.l/wwwepa.goY 

Recycled/Recyclable' Printed WIth Vegetable 0,1 Based Inks On 100% Postconsumer. Process Chlorine Free Recycled Paper 
Again, thank you for your letter. If you have further questions, please contact me or your staff may call 

Josh Lewis in EPA's Office of Congressional and Intergovernmental Relations at (202) 564-2095. 

Sincerely, 

&J0V
 

Gina McCarthy 

Assistant Administrator