[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Pages 56835-56836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26413]



[MN88; FRL-8975-1]

Notice of Issuance Federal Operating Permit to Grand Casino Mille 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: This notice announces that, on August 27, 2009, pursuant to 
Title V of the Clean Air Act, EPA issued a Title V Permit to Operate 
(Title V permit) to Mille Lacs Band Corporate Commission (Grand Casino 
Mille Lacs). This permit authorizes Grand Casino Mille Lacs to operate 
its four diesel-fired generator sets (generators) at its facility 
(Facility) in Onamia, Minnesota. The electricity produced from the 
generators can be used for peak load management, as well as backup 
power for the Grand Casino Mille Lacs Resort and Hotel, which is 
located on lands held in trust for the Mille Lacs Band of Ojibwe 
Indians, and which is located within the boundaries of the Mille Lacs 
Indian Reservation.

DATES: During the public comment period, which ended August 12, 2009, 
EPA received no comments on the draft Title V permit. Therefore, in 
accordance with 40 CFR 71.11(i)(2)(iii), this permit became effective 
immediately upon permit issuance, August 27, 2009.

ADDRESSES: The final signed permit is available for public inspection 
online at http://yosemite.epa.gov/r5/r5ard.nsf/ 
Tribal+Permits!OpenView, or during normal business hours at the 
following address: EPA, Region 5, 77 West Jackson Boulevard (AR-18J), 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Richard Angelbeck, Environmental 
Scientist, EPA, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, 
Illinois 60604, (312) 886-9698, or [email protected].

SUPPLEMENTARY INFORMATION: This supplemental information is organized 
as follows:

A. What Is the Background Information?
B. What Is the Purpose of this Notice?

A. What Is the Background Information?

    The four diesel-fired generators are owned by Grand Casino Mille 
Lacs. The total generation capacity of the generators is 6.6 megawatts. 
The electricity produced from the generators can be used for peak load 
management, as well as backup power, and is not sold for distribution.
    Since the potential emissions from the existing three generators 
were estimated to be greater than 250 tons per year (tpy) for nitrogen 
oxides (NOX), in accordance with 40 CFR 52.21(b)(1), the 
Facility is considered a major stationary source and subject to the 
Prevention of Significant Deterioration (PSD) permitting requirements. 
As required by 40 CFR part 52, Grand Casino Mille Lacs applied to EPA 
for a PSD permit for the original three generators and conducted a Best 
Available Control Technology (BACT) analysis, an air quality analysis, 
and the additional impact analyses. EPA received the permit application 
on October 13, 2006. The Federal PSD construction permit (No. PSD-ML-
R50007-05-01) that EPA issued to the Facility contained all applicable 
part 52 requirements. Within this permit, the Facility also chose to 
accept a 300-hour per year operating limit per generator, restricting 
the Facility's potential to emit (PTE) emissions.
    Since Grand Casino Mille Lacs is considered a major source, was 
issued a PSD permit, and is located on tribal land, in accordance with 
40 CFR 71.3(a), the Facility is subject to Title V permitting 
requirements of 40 CFR part 71.
    The construction of the fourth generator did not trigger PSD for 
two reasons. First, the 2005 PSD permit established a facility-wide PTE 
for all regulated pollutants, before the fourth generator was 
installed, of less than 250 tpy (i.e., not a major source), so that the 
addition of the fourth generator did not constitute a modification to a 
major stationary source. In addition, the PTE of the fourth generator 
is 209 tpy which is also below the 250-ton PSD threshold for a major 
source. In its part 71 permit application, Grand Casino Mille Lacs 
requested that EPA incorporate the original three generator sets, as 
well as the fourth generator, into this Title V permit. As noted above, 
the original

[[Page 56836]]

three generators each have an annual operating restriction of 300 hours 
per year. The fourth generator does not have any legal restriction on 
hours of operation. The maximum, unrestricted emissions for the fourth 
generator is 209 tpy of NOX.
    On July 12, 2009, EPA made available for public comment a draft 
Federal Title V Permit to Operate (No. V-ML-2709500005-2009-01). This 
Title V permit incorporated all applicable air quality requirements for 
the four generators, including the monitoring necessary to ensure 
compliance with these requirements. In accordance with the requirements 
of 40 CFR 71.11(d), EPA provided the public with 30 days to comment on 
the draft permit. Since EPA did not receive any written comments, EPA 
finalized the permit and provided copies to the applicant pursuant to 
40 CFR 71.11(i).
    EPA is not aware of any outstanding enforcement actions against 
Grand Casino Mille Lacs and believes the issuance of this permit is 

B. What Is the Purpose of This Notice?

    EPA is notifying the public of the issuance of the Title V permit 
to Grand Casino Mille Lacs on August 27, 2009. Because EPA received no 
comments on the draft Title V permit, it became effective immediately 
upon issuance, pursuant to 40 CFR 71.11(i)(2)(iii).

    Dated: October 19, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-26413 Filed 11-2-09; 8:45 am]