Statement of Basis 

Air Pollution Control 

Title V Permit to Operate for 

Grand Casino Hinckley 

Permit No. V-ML-2711500031-2016-01 

The purpose of this document is to set forth the legal and factual basis for permit conditions, 

including references to applicable provisions of the Clean Air Act (CAA or Act) and 

implementing regulations. This document also gives the derivation of conditions as required by 

40 C.F.R. § 71.11(b). 

1. GENERAL INFORMATION 

a. Applicant and Stationary Source Information 

Owner/Operator Facility (SIC Code: 7011, 4911) 

Mille Lacs Band Corporate Commission 

d/b/a Grand Casino Hinckley 

777 Lady Luck Drive 

Hinckley, MN 55037 

Grand Casino Hinckley 

777 Lady Luck Drive 

Hinckley, MN 55037 

(SIC Codes: 7011, 4911) 

Responsible Official Facility Contact 

Bradley Kalk 

Vice President of Facilities 

777 Lady Luck Drive 

Hinckley, MN 55037 

(320) 384-4907 

Bradley Kalk 

Vice President of Facilities 

777 Lady Luck Drive 

Hinckley, MN 55037 

(320) 384-4907 

b. Facility Description 

The Mille Lacs Band Corporate Commission d/b/a Grand Casino Hinckley (Grand 

Casino Hinckley) owns and operates three non-emergency internal combustion 

engines used for peak load management and backup power at the Grand Casino 

Hinckley, located at 777 Lady Luck Drive, Hinckley, Pine County, Minnesota 55037. 

The facility is located on land that is held in trust for the Mille Lacs Band of Ojibwe, 

approximately one and one half mile east of 1-35, south of Highway 48, in Pine 

County, Minnesota. All electricity generated is used onsite. 

The Mille Lacs Band Corporate Commission installed the three non-emergency 

internal combustion engines, EU001, EU002, and EU003, at the facility in 2004. The 

United States Environmental Protection Agency (EPA) permitted these three 

generator sets in a 2002 Prevention of Significant Deterioration (PSD) Air Quality 

Construction Permit (No. PSD-ML-R50005-02-01) issued on November 10, 2002, 

and revised on December 30, 2010. 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

The Permittee also owns and operates two diesel-fired emergency internal 

combustion engines, EU004 and EU005, used for backup power. The emergency 

engines are rated at 535 and 960 horsepower. The two emergency engines were 

identified in the previous Title V permit as insignificant emission sources, since their 

actual emissions arc less than one ton per year each. The emergency engines have 

been included as emission units in this permit, due to amendments to 40 C.F.R. Part 

63, Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for 

Stationary Reciprocating Internal Combustion Engines (RICE NESHAP). 

c. Area Classification 

The facility is located in Pine County, which is in attainment with National Ambient 

Air Quality Standards for all criteria pollutants. 

Grand Casino Hinckley is located on land that is held in trust for the Mille Lacs Band 

of Ojibwe Indians. The EPA is responsible for issuing and enforcing any air quality 

permits for this source until such time that the Tribe has EPA approval to do so. 

There are no PSD Class I areas within 100 kilometers of the facility. 

d. Title V Major Source Status 

EPA issued PSD Permit PSD-ML-R50005-02-01 to the Grand Casino Hinckley on 

November 10, 2002. That permit authorized the construction of units EU001-EU003. 

Under the CAA (42 U.S.C. § 7661a(a)), it is unlawful for a source required to have a 

PSD permit (issued under Title 1 of the CAA) to operate without a permit issued 

under Title V of the CAA. Therefore, the Permittee must obtain a Title V permit. 

e. Permit History 

Pursuant to 40 C.F.R. Part 71, EPA issued an initial Title V operating permit, V-ML2711500031-2010-01, to the Grand Casino Hinckley on December 30, 2010. The 

initial operating permit expired on January 29, 2016. 

On July 27, 2015, Grand Casino Hinckley applied for a renewal of its Title V 

operating permit. On September 23, 2015, EPA requested additional information 

from the Pennittee. The Permittee submitted its response to the request for additional 

information on October 22, 2015. EPA found the application to be complete on 

December 22, 2015. Since the Permittee submitted the application at least six months 

prior to the January 29, 2016 expiration date and EPA found the permit application to 

be complete, the Permittee has been granted an application shield allowing the facility 

to continue operating until EPA acts on the application for renewal of the Title V 

operating permit. 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

2. EMISSIONS UNITS AND SOURCE EMISSIONS 

a. Emissions Units at the Source 

Three generator sets, denoted EU001, EU002, and EU003, are used for backup power 

and peak load management. EU001-EU003 are Caterpillar Model 3516B 

turbocharged engines with 16 cylinders each and driving a 1,825 kilowatt generator. 

Each engine burns ultra-low sulfur (0.0015%) diesel fuel. 

Two additional generator sets, denoted EU004 and EU005, are emergency backup 

generators. EU004 is a Detroit V-16 Model D650FRX4 and EU005 is a CUMMINS 

Model NPA855G3. Each engine burns ultra-low sulfur (0.0015%) diesel fuel. 

ID Description Manufacturer/Model Serial No. 

Output and 

Horsepower 

Rating 

Date Installed 

EU001 Generator Set, 

Casino/Hotel 

Caterpillar/3516B OFDNN00430 1,825 kW at 

2,593 BHP 

December 4, 

2004 

EU 002 Generator Set, 

Casino/Hotel 

Caterpillar/3516B OFDNN00427 1,825 kW at 

2,593 BHP 

December 4, 

2004 

EU003 Generator Set, 

Casino/Hotel 

Caterpillar/3516B OFDNN00431 1,825 kW at 

2,593 BHP 

December 4, 

2004 

EU004 Emergency 

Generator Set 

Detroit V16/D650FRX4 XN3866345-02 

P-38932 

394 kW at 535 

hp 

1992 

EU005 Emergency 

Generator Set 

CU MM1N S /NPA855 G3 11853801 706 kW at 960 

hp 

1997 

b. Previously Unpermitted Emission Units Added to the Permit 

Emergency backup generators, EU004 and EU005, are being added to this permit. 

These units were previously identified as insignificant emission sources, since their 

actual emissions are less than one ton per year each, and previously they had no 

applicable requirements. 

The engines, installed in 1992 and 1997, respectively, did not trigger major source 

PSD requirements. At the time of installation, there was no minor NSR program in 

effect for sources located on tribal lands. Therefore, there was no obligation for the 

Permittee to obtain a construction permit for these engines. 

The emergency engines have been included as emission units in this permit since the 

engines are subject to 40 C.F.R. Part 63, Subpart ZZZZ. While the standard existed at 

the time of permit issuance in 2010, the initial compliance date for existing units, 

such as EU004 and EU005, was May 3, 2013, more than two years from issuance of 

the previous permit. Since EU004 and EU005 did not have to comply with 40 C.F.R. 

Part 63, Subpart ZZZZ when the previous permit was issued, there were no applicable 

requirements to include in the permit. 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

c. Potential Emissions 

EU001-EU003: Potential emissions were calculated based on 800 operating hours per 

year. Emission factors for NOx, VOC, PM and CO were provided by the 

manufacturer (Ziegler) of the Caterpillar 3516B engine. PM10 and PM2.5 were 

calculated based on the fraction in PM provided by AP-42, Table 3.4-2, multiplied by 

the emission factor for PM provided by the engine manufacturer. 

EU004-EU005: Potential emissions were calculated based on 500 operating hours per 

year. Emission factors for EU004 were provided in AP-42, Table 3.3-1 and 3.3-2. 

Emission factors for EU005 were provided in AP-42, Table 3.4-1, 3.4-2, and 3.4-3. 

Table 1: Potential Emissions 

Emission 

Unit 

NOx 

(t13Y) 

CO 

(tPY) 

VOC 

(tPY) 

PM 

(tpy) 

PM10 

(tPY) 

PM2.5 

(tPY) 

SO2 

OPY 

HAPs (tpy) 

EU001 14.98 1.2 0.5 0.3 0.3 0.2 0 0 

EU002 14.98 1.2 0.5 0.3 0.3 0.2 0 0 

E1J003 14.98 1.2 0.5 0.3 0.3 0.2 0 0 

EU004 4.1 0.9 0.3 0.3 0.3 0.3 0.3 0.3 

EU005 5.8 1.3 0.2 0.2 0.1 0.1 0 0 

TOTAL 54.84 5.8 2 1.4 1.3 1 0.3 0.3 

d. Actual Emissions 

EU001-EU003: Actual emissions were calculated based on operating hours in 2014. 

EU001 and EU002 operated 226 hours in 2014 and EU003 operated 225 hours in 

2014. To be conservative, 226 hours was used per engine. Actual NOx emissions are 

based on performance test results from July 15, 2010 (EU001 -34.69 lb/hr, EU002 - 

32.36 lb/hr, EU003 - 30.73 lb/hr). 

EU004-EU005: Actual emissions were calculated based on 10 hours per year of 

actual run time. 

Table 2: Actual Emissions 

Emission 

Unit 

NOx 

(tpy) 

CO 

(tPY) 

VOC 

OPY) 

PM 

OPY) 

PM10 

(tpy) 

PM2.5 

(tpy) 

SO2 

(tpy 

HAPs (tpy) 

EU001 3.9 0.3 0.1 0.1 0.1 0.1 0 0 

EU002 3.7 0.3 0.1 0.1 0.1 0.1 0 0 

EU003 3.5 0.3 0.1 0.1 0.1 0.1 0 0 

EU004 0.1 0 0 0 0 0 0 0 

EU005 0.1 0 0 0 0 0 0 0 

TOTAL 11.3 0.9 0.3 0.3 0.3 0.3 0 0 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

3. APPLICABLE REQUIREMENTS 

a. PSD Permit 

The EPA issued a PSD Permit (Permit No. PSD-ML-R50005-02-0) for the facility on 

November 10, 2002. In accordance with 40 C.F.R. § 71.6(a)(1), the applicable PSD 

permit terms were included in the permit with the exception of the Notification of 

Construction and Startup requirements. EPA has not incorporated Notification of 

Construction and Startup requirements into the Title V permit because, as 

requirements that applied only at the time of construction and initial startup, they are 

obsolete. 

EPA modified the source's PSD Permit (Permit No. PSD-ML-2711500031-2010-02) 

on December 30, 2010. The modified permit included a revised schedule for 

performance testing, and explained the rationale for the modification in the statement 

of basis to the modified permit. The revised schedule was included in the initial Title 

V permit at section 3.0(d). 

b. Title V Permitting 

In accordance with the CAA (42 U.S.C. § 7661a(a)), it is unlawful for a source 

required to have a PSD permit (issued under Title I of the CAA) to operate without a 

permit issued under Title V of the CAA. Therefore, the Permittee must obtain a Title 

V permit. 

c. Restrictions on Potential To Emit 

Potential to emit is defined in 40 C.F.R. § 52.21 as the maximum capacity of a 

stationary source to emit a pollutant under its physical and operational design. Any 

physical or operational limitation on the capacity of the source to emit a pollutant, 

including air pollution control equipment and restriction on hours of operation or on 

the type or amount of material combusted, stored, or processed, shall be treated as 

part of its design if the limitation, or the effect it would have on emissions, is 

federally enforceable. 

The facility is a synthetic minor source because it has taken limits on NOx emissions 

and operating hours. Grand Casino Hinckley has requested that limits on its potential 

to emit for generator sets EU001 — EU003 from the 2002 PSD permit be carried over 

into its Title V permit to avoid certain regulatory requirements which could apply 

only to major sources. 

d. 40 C.F.R. Parts 61 and 63 - National Emission Standards for Hazardous Air 

Pollutants (NESHAP) 

The facility has the potential to emit all HAPs at a rate of 0.3 tons per year. As a 

result, the facility does not have the potential to emit 10 tons per year or more of any 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

single 1-LAP or 25 tons per year or more of total HAPs. Therefore, the facility is not a 

major source of HAPs. However, since the facility emits some HAPs, the facility is 

an area source of HAPs. 

Pursuant to 40 C.F.R. § 63.6585, EU001 —EU005 are subject to 40 C.F.R. Part 63, 

Subpart ZZZZ (RICE NESHAF'), since the engines are stationary RICE engines 

located at an area source of HAPs. Pursuant to 40 C.F.R. § 63.6590(a)(1)(iii), each 

engine is considered an existing stationary RICE since the engines were all 

constructed before June 12, 2006. EU001-EU003 are compression ignition (CD, nonemergency, non-black start stationary RICE with a site rating of greater than 500 

horsepower as defined in 40 C.F.R. § 63.6675. EU004 and EU005 are CI emergency 

stationary RICE as defined in 40 C.F.R. § 63.6675. 

Pursuant to 40 C.F.R. § 63.6595(a)(1), the initial compliance date for EU001-EU005 

was May 3, 2013. The Permittee installed oxidation catalysts on EU001-EU003. The 

Permittee also installed continuous parameter monitoring systems (CPMS) in 

accordance with 40 C.F.R. § 63.6625(b). The Permittee conducted an initial 

performance test for EU001-EU003 and set the required parameters for both the CO 

reduction requirements and CO limitation requirements. The Permittee submitted the 

Notification of Compliance Status, as required by 40 C.F.R. § 63.6630(c). As a result, 

initial compliance requirements have not been included in this permit. 

Pursuant to 40 C.F.R. § 63.6665, EU001-EU005 are subject to the General Provisions 

stated in 40 C.F.R. § 63.1-63.15. 

e. Compliance Schedule 

Grand Casino Hinckley has previously not been in compliance with its NOx emission 

limit of 6.55 g/bhp-hr for EU001, EU002, and EU003 and has requested a revision to 

its NOx emission limit. Since Grand Casino Hinckley has not been able to maintain 

compliance, additional monitoring has been added to the Title V permit as part of a 

compliance schedule. Grand Casino Hinckley is required to conduct a performance 

test within 180 days of permit issuance for EU001-EU003 to demonstrate compliance 

with the NOx emission limits. Method 7E will be used for testing NOx emissions and 

Method 19 will be used to calculate NOx emissions. In addition, the performance 

testing frequency for EU001-EU003 to demonstrate compliance with the NOx 

emission limits has been increased to once every 3 years as opposed to once every 5 

years. The monitoring frequency and methods are further discussed in Section 5 of 

this Statement of Basis. 

f. 40 C.F.R. Part 82— Protection of Stratospheric Ozone 

In accordance with 40 C.F.R. § 71.6, the permit contains all applicable requirements, 

which includes any standard or other requirement of the regulations promulgated at 

40 C.F.R. Part 82 to protect stratospheric ozone under Title VI of the Act, unless the 

Administrator has determined that such requirements need not be contained in a title 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

V permit. Grand Casino Hinckley is subject to all applicable standards provided in 40 

C.F.R. Part 82, except as provided for motor vehicle air conditions at 40 C.F.R. Part 

82, Subpart B. 

4. NONAPPLICABILTTY DETERMINATIONS 

a. 40 C.F.R. Part 60 - New Source Performance Standards (NSPS) 

40 C.F.R. Part 60, Subpart TM: Standards of Performance for Stationary Compression 

Ignition Internal Combustion Engines, establishes emission standards and compliance 

requirements for the control of emissions from stationary compression ignition 

internal combustion engines that commenced construction, modification, or 

reconstruction after July II, 2005. 40 C.F.R. Part 60, Subpart III1, does not apply to 

the Grand Casino Hinckley facility because the generator sets were constructed 

before July 11, 2005. 

b. At the time of this Title V issuance, the EPA has determined that no other nonapplicable requirements have been identified for incorporation into the permit shield 

set forth in 40 C.F.R. § 71.6 

5. MONITORING REQUIREMENTS 

a. Monitoring Required by Compliance Schedule 

1. Compliance Schedule Performance Testing 

In accordance with the sufficiency monitoring requirements in 40 C.F.R. § 

71.6(c), additional performance testing is being added to the permit to supplement 

monitoring at the source as opposed to including an applicable monitoring 

requirement (40 C.F.R. § 71.6(a)(3)(i)(A) or periodic monitoring (40 C.F.R. § 

71.6(a)(3)(i)(B)). 

The supplemental testing required will be in the form of a performance test for 

EU001-EU003 to demonstrate compliance with the NOx emission limits. The 

testing must be completed within 180 days of permit issuance. Method 7E will be 

used for testing NOx emissions and Method 19 will be used to calculate NOx 

emissions. 

b. Monitoring Required by Applicable Requirements 

1. Performance Testing 

In accordance with the PSD Permit (Permit No. PSD-ML-271150003-2010-02), 

performance testing is required for EU001-EU003 to demonstrate compliance 

with the NOx emission limits. The PSD Permit requires performance testing to be 

completed every 5 years. In order to streamline the requirements of the PSD 
Grand Casino Hinckley Page 8 of 10 

Statement of Basis Permit No. V-ML-2711500031-2016-0 I 

Permit and the monitoring requirements provided in 40 C.F.R. § 71.6(c), the 

performance testing required by this permit must be completed every 3 calendar 

years. Performance testing every 3 years is more stringent than the previous 

requirement of performance testing every 5 years. Method 7E is used for testing 

NOx emissions and Method 19 is used to calculate NOx emissions. 

In accordance with 40 C.F.R. § 63.6612(a) and 40 C.F.R. § 63.6640(a), 

performance testing is required every 8,760 hours or 3 years. The CO 

concentration must be at 15 percent 02, dry basis. The CO concentration is 

measured using Method 10 and the 02 concentration is measured using Method 

3A. 

2. Annual Testing 

In accordance with the PSD Permit (Permit No. PSD-ML-R50005-02-0), annual 

testing is required for EU001-EU003 to demonstrate compliance with the NOx 

emission limits. The annual test must be completed annually, at about the 

anniversary of the initial compliance test using the 1CAC Test Method for 

Periodic Monitoring using a portable electrochemical analyzer. 

3. Continuous Monitoring 

In accordance with the PSD Permit (Permit No. PSD-ML-R50005-02-0), the 

aftercooler water temperature and the intake manifold pressure shall be 

continuously monitored. The continuous operating system shall be operated and 

maintained in accordance with 40 C.F.R. § 63.8 and 40 C.F.R. § 63.6625(b). 

Pursuant to 40 C.F.R. § 63.6625, CO and 02 shall be continuously monitored 

using a CPMS and operated in accordance with 40 C.F.R. § 63.6625(b). 

c. Compliance Assurance Monitoring (CAM) 

Pursuant to 40 C.F.R. § 64.2, the CAM requirements of 40 C.F.R. Part 64 apply to a 

pollutant-specific emissions unit at a major source that is required to obtain a 40 

C.F.R. Part 71 permit if the unit satisfies all of the following criteria: 

i. The unit is subject to an emission limitation or standard for the applicable 

regulated air pollutant (or a surrogate thereof), other than an emission 

limitation or a standard that is exempt under 40 C.F.R. § 64.2(b)(I); 

ii. The unit uses a control device to achieve compliance with any such emission 

limitation or standard; and 

iii. The unit has potential pre-control device emissions of the applicable regulated 

air pollutant that are equal to or greater than 100 percent of the amount, in 

tons per year, required for a source to be classified as a major source. 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

EU001-EU003 are not subject to CAM. While each emission unit has a NOx 

emission limit, compliance with the emission limit is achieved through an enforceable 

restriction on its annual operating limitation and not through the use of a control 

device. EU001-EU003 are subject to 40 C.F.R. Part 63, Subpart ZZZZ, a standard 

proposed after November 15, 1990, pursuant to Section 112 of the Act, but are 

exempt from CAM pursuant to 40 C.F.R. § 64.2(b)(1)(i). 

EU004 and EU005 are not subject to CAM. Both emissions units are not subject to 

emission limitations. EU004 and EU005 are both subject to 40 C.F.R. Part 63, 

Subpart ZZZZ, a standard proposed after November 15, 1990, pursuant to section 112 

of the Act, but are exempt from CAM pursuant to 40 C.F.R. § 64.2(b)(1)(i). 

6. CHANGES BETWEEN THE PREVIOUS PERMIT AND DRAFT PERMIT 

a. Formatting Changes 

The formatting of the permit has changed. As a result, condition numbering may have 

changed between the previous permit and the current permit. Where relevant, the 

numbering of a permit condition in the previous permit will be presented alongside the 

number of a permit condition in the current permit. 

b. Applicant Requested Changes 

Grand Casino Hinckley requested a revision to its NOx emissions limit, based on its 

recent stack test results. The NOx limit is an applicable requirement established in a PSD 

permit (Permit No. PSD-ML-2711500031-2010-02) issued pursuant to 40 C.F.R. § 52.21. 

Unless the applicable requirement is revised consistent with 40 C.F.R. § 52.21, the NOx 

limit in the Part 71 permit cannot be revised using the significant permit modification 

procedures of 40 C.F.R. § 71.7(e). 

c. Regulatory Changes 

Emergency generators EU004 and EU005 are being added to this permit. EU004 and 

EU005 were identified in the previous permit as insignificant emission sources, since 

their actual emissions are less than one ton per year each. The emergency engines have 

been included as emission units in this permit, due to amendments to 40 C.F.R. Part 63, 

Subpart ZZZZ, RICE NESHAP. 

d. Monitoring Changes 

Grand Casino Hinckley has not been able to consistently demonstrate compliance with its 

NOx emission limit of 6.55 g/bhp-hr for EU001, EU002, and EU003 using the portable 

electrochemical analyzer. Since the facility has not been able to demonstrate compliance 

using the annual testing requirements, additional periodic testing has been added to the 

Title V permit. A performance test will be completed within 180 days of permit issuance. 
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Statement of Basis Permit No. V-ML-2711500031-2016-01 

In addition, the performance testing frequency has been increased to once every 3 years 

as opposed to once every 5 years.