Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18135 

DEPARTMENT OF THE TREASURY 

31 CFR Part 50 

RIN 1505–AB93 

Terrorism Risk Insurance Program; 

Terrorism Risk Insurance Program 

Reauthorization Act Implementation 

AGENCY: Departmental Offices, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury (Treasury) is issuing this final 

rule as part of its implementation of 

amendments made by the Terrorism 

Risk Insurance Program Reauthorization 

Act of 2007 (Reauthorization Act) to 

Title I of the Terrorism Risk Insurance 

Act of 2002 (TRIA, or Act), as 

previously amended by the Terrorism 

Risk Insurance Extension Act of 2005 

(Extension Act). The Act established a 

temporary Terrorism Risk Insurance 

Program (Program) that was scheduled 

to expire on December 31, 2005, under 

which the Federal Government shared 

the risk of insured losses from certified 

acts of terrorism with commercial 

property and casualty insurers. The 

Extension Act extended the Program 

through December 31, 2007, and made 

other changes. The Reauthorization Act 

extended the Program through 

December 31, 2014, revised the 

definition of an ‘‘act of terrorism,’’ and 

made other changes. This final rule 

contains regulations that Treasury is 

issuing to implement certain aspects of 

the Reauthorization Act. In particular, 

the rule addresses mandatory 

availability (‘‘make available’’) and 

disclosure requirements. An interim 

final rule with request for comments 

was published in the Federal Register 

on September 16, 2008, and generally 

incorporated the substance of interim 

guidance previously issued by Treasury 

and published in the Federal Register. 

Since no comments were received 

regarding the interim final rule, this 

final rule adopts the text of the interim 

final rule without revision. 

DATES: This final rule is effective May 

21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Howard Leikin, Deputy Director, 

Terrorism Risk Insurance Program (202) 

622–6770 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Terrorism Risk Insurance Act of 2002 

On November 26, 2002, the President 

signed into law the Terrorism Risk 

Insurance Act of 2002 (Pub. L. 107–297, 

116 Stat. 2322). The Act was effective 

immediately. The Act’s purposes are to 

address market disruptions, ensure the 

continued widespread availability and 

affordability of commercial property 

and casualty insurance for terrorism 

risk, and allow for a transition period 

for the private markets to stabilize and 

build capacity while preserving State 

insurance regulation and consumer 

protections. 

Title I of the Act establishes a 

temporary Federal program of shared 

public and private compensation for 

insured commercial property and 

casualty losses resulting from an act of 

terrorism which, as defined by the Act, 

is certified by the Secretary of the 

Treasury, in concurrence with the 

Secretary of State and the Attorney 

General. The Act authorizes Treasury to 

administer and implement the 

Terrorism Risk Insurance Program (the 

Program), including the issuance of 

regulations and procedures. 

Each entity that meets the Act’s 

definition of insurer must participate in 

the Program. The amount of Federal 

payment for an insured loss resulting 

from an act of terrorism is determined 

by insurance company deductibles and 

excess loss sharing with the Federal 

Government as specified in the Act and 

Treasury’s implementing regulations. 

An insurer’s deductible is calculated 

based on the value of direct earned 

premiums collected over certain 

prescribed calendar periods. Once an 

insurer has met its individual 

deductible, the Federal payments cover 

a percentage of the insured losses above 

the deductible, all subject to an annual 

industry aggregate limit of $100 billion. 

The Act gives Treasury authority to 

recoup Federal payments made under 

the Program through policyholder 

surcharges. The Act reduces the Federal 

share of compensation for insured losses 

that have been covered under any other 

Federal program. The Act also contains 

provisions designed to manage certain 

litigation arising from or relating to a 

certified act of terrorism. Section 107 of 

the Act creates an exclusive Federal 

cause of action, provides for claims 

consolidation in Federal court, and 

contains a prohibition on Federal 

payments for punitive damages under 

the Program. The Act provides the 

United States with the right of 

subrogation with respect to any 

payment or claim paid by the United 

States under the Program. 

The Program was originally set to 

expire on December 31, 2005. On 

December 22, 2005, the President signed 

into law the Terrorism Risk Insurance 

Extension Act of 2005 (Pub. L. 109–144, 

119 Stat. 2660), which extended the 

Program through December 31, 2007, 

and made other significant changes to 

TRIA that included a revised definition 

of property and casualty insurance and 

creation of a new Program trigger that 

prohibits payment of Federal 

compensation by Treasury unless the 

aggregate industry insured losses 

resulting from a certified act of terrorism 

exceed a certain amount ($100 million 

in 2007 and any Program Year 

thereafter). 

B. Terrorism Risk Insurance Program 

Reauthorization Act of 2007 

Under the Extension Act, the Program 

was set to expire on December 31, 2007. 

On December 26, 2007, the President 

signed into law the Terrorism Risk 

Insurance Program Reauthorization Act 

of 2007 (Pub. L. 110–160, 121 Stat. 

1839), which extended the Program 

through December 31, 2014 (i.e., added 

additional Program Years to the 

Program). Other provisions of the 

Reauthorization Act: 

• Revise the definition of ‘‘act of 

terrorism’’ to remove the requirement 

that the act of terrorism be committed 

by an individual acting on behalf of any 

foreign person or foreign interest in 

order to be certified as an act of 

terrorism for purposes of the Act. 

• Define ‘‘insurer deductible’’ for all 

additional Program Years as the value of 

an insurer’s direct earned premiums for 

commercial property and casualty 

insurance for the immediately preceding 

calendar year multiplied by 20 percent. 

• Set the Federal share of 

compensation for insured losses (subject 

to a $100,000,000 Program trigger) for 

all additional Program Years at 85 

percent of that portion of the amount of 

insured losses that exceeds the 

applicable insurer deductible. 

• Require Treasury to submit a report 

to Congress and issue final regulations 

for determining the pro rata share of 

insured losses to be paid under the 

Program when aggregate insured losses 

exceed $100,000,000,000. 

• Require the Secretary of the 

Treasury to notify Congress not later 

than 15 days after the date of an act of 

terrorism as to whether aggregate 

insured losses are estimated to exceed 

$100,000,000,000. 

• Require for policies issued after the 

date of enactment, that insurers provide 

clear and conspicuous disclosure to the 

policyholder of the existence of the 

$100,000,000,000 cap at the time of 

offer, purchase, and renewal of a policy 

(in addition to current disclosure 

requirements). 

• Revise the recoupment provisions 

of the Act. For purposes of recouping 

the Federal share of compensation 

under the Act, the ‘‘insurance 

marketplace aggregate retention 

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18136 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

amount’’ for all additional Program 

Years is the lesser of $27,500,000,000 

and the aggregate amount, for all 

insurers, of insured losses during each 

Program Year. With regard to mandatory 

recoupment of the Federal share of 

compensation through policyholder 

surcharges, collection is required within 

a certain schedule specified in the 

Reauthorization Act. The limitation that 

surcharges not exceed 3 percent of the 

premium charged for property and 

casualty insurance coverage under the 

policy is eliminated (but remains in the 

case of discretionary recoupment). 

• Require Treasury to issue 

recoupment regulations within 180 days 

of enactment, and publish an estimate of 

aggregate insured losses within 90 days 

after an act of terrorism. 

• Require the President’s Working 

Group on Financial Markets to perform 

an ongoing analysis regarding the longterm availability and affordability of 

terrorism risk insurance and submit 

reports in 2010 and 2013. 

• Require the Comptroller General to 

examine and report on the availability 

and affordability of insurance coverage 

for nuclear, biological, chemical, and 

radiological terrorist events; the future 

outlook for such coverage; and the 

capacity of insurers and State workers 

compensation funds to manage the risk 

associated with nuclear, biological, 

chemical, and radiological terrorist 

events. 

• Require the Comptroller General to 

study and report on the question of 

whether there are specific markets in 

the United States where there are 

unique capacity constraints on the 

amount of terrorism risk insurance 

available. 

C. The Interim Final Rule 

The interim final rule was published 

in the Federal Register at 73 FR 53359 

(September 16, 2008). It incorporated 

certain changes to 31 CFR Part 50 

required by the amendments to TRIA in 

the Reauthorization Act. The rule 

included various conforming changes, 

such as a change to the definition of 

‘‘act of terrorism,’’ and extension of 

applicable insurer deductible amounts 

and the Federal share of compensation 

for insured losses for additional 

Program Years. 

This final rule, and the preceding 

interim final rule, reflect interim 

guidance previously issued by Treasury 

in a notice published in the Federal 

Register on January 29, 2008 (73 FR 

5264), in order to assist insurers, 

policyholders, and other interested 

parties in complying with immediately 

applicable requirements of the 

Reauthorization Act. Treasury consulted 

with the National Association of 

Insurance Commissioners (NAIC) in 

developing the interim final rule. No 

comments were submitted on the 

interim final rule and therefore, 

Treasury is finalizing that rule by 

adopting the text without change. 

II. Analysis of the Final Rule 

The following briefly describes the 

content of the final rule. For a more 

detailed discussion, please refer to the 

interim final rule publication of 

September 16, 2008. 

A. Definitions (§ 50.5) 

The final rule incorporates revised 

definitions for the terms ‘‘act of 

terrorism,’’ ‘‘Program Years,’’ ‘‘insurer 

deductible,’’ and ‘‘Program Trigger 

event.’’ 

To conform to the Reauthorization 

Act, the definition of ‘‘act of terrorism’’ 

in § 50.5(b)(1)(iv) is revised to remove 

the requirement that the act be 

committed by an individual ‘‘acting on 

behalf of any foreign person or foreign 

interest’’ in order to be certified as an 

act of terrorism for purposes of TRIA. 

The revisions to the definitions of 

‘‘Program Years,’’ ‘‘insurer deductible,’’ 

and ‘‘Program Trigger event’’ merely 

conform these definitions to the changes 

in the Reauthorization Act. 

B. Interim Guidance Safe Harbors 

(§ 50.7) 

Section 50.7 of the final rule adds the 

Interim Guidance issued by Treasury on 

January 22, 2008, and published at 73 

FR 5264 (January 29, 2008) to the list of 

Interim Guidance documents Treasury 

has issued. 

C. Disclosure (§ 50.12) 

The Reauthorization Act made no 

change to the requirement in section 

103(b) of TRIA that insurers provide 

clear and conspicuous disclosure to the 

policyholder of the premium charged 

for insured losses covered by the 

Program and the Federal share of 

compensation for insured losses under 

the Program. However, because an 

‘‘insured loss’’ is defined, in part, as a 

loss resulting from an act of terrorism, 

the revision of the definition of an act 

of terrorism to eliminate the ‘‘foreign 

person or interest’’ element (i.e., to add 

what is often referred to as ‘‘domestic 

terrorism’’) may affect the premium 

charged for insured losses and an 

insurer’s compliance with the 

disclosure requirements. 

Section 50.12(b)(2) of the final rule 

states that if an insurer makes an initial 

offer of coverage, or offers to renew an 

existing policy on or after December 26, 

2007, the disclosure provided to the 

policyholder must reflect the premium 

charged for insured losses covered by 

the Program consistent with the 

definition of an act of terrorism as 

amended by the Reauthorization Act. As 

a general matter, the requirement to 

make available coverage for insured 

losses must be met according to the 

provisions of the Act in effect at the 

time the offer is made. The disclosure 

must be consistent with the offer that is 

made. 

Section 50.12(e)(3) of the final rule 

provides that if an insurer made 

available coverage for insured losses in 

a new policy or policy renewal in 2007 

or in the first three months of 2008 for 

coverage becoming effective in 2008, but 

did not provide a disclosure at the time 

of offer, purchase or renewal of the 

policy, then the insurer must be able to 

demonstrate to Treasury’s satisfaction 

that it has provided a disclosure as soon 

as possible following January 1, 2008. 

Treasury considers March 31, 2008, to 

be the latest reasonable date for 

compliant disclosures to policyholders, 

barring unforeseen or unusual 

circumstances. If the March 31, 2008, 

date was not met by an insurer, 

Treasury will expect the insurer to 

demonstrate, when submitting a claim 

for the Federal share of compensation 

under the Program, why it could not 

comply by that date. 

D. Cap Disclosure (§§ 50.15 and 50.11) 

Section 103(e)(2) of TRIA provides 

that if aggregate insured losses exceed 

$100,000,000,000 during any Program 

Year, Treasury shall not make any 

payment for any portion of the amount 

of such losses that exceeds 

$100,000,000,000, and no insurer that 

has met its insurer deductible shall be 

liable for the payment of any portion of 

the amount of such losses that exceeds 

$100,000,000,000. Section 103(b)(3) of 

TRIA, as amended by the 

Reauthorization Act, requires an insurer 

to provide a clear and conspicuous 

disclosure to the policyholder of the 

existence of the $100,000,000,000 cap 

under section 103(e)(2). The 

requirement applies to ‘‘any policy that 

is issued after the date of enactment’’ of 

the Reauthorization Act, or December 

26, 2007. The disclosure must be made 

at the time of offer, purchase, and 

renewal of the policy. 

New section 50.15 in the final rule 

addresses these requirements. Section 

50.11 also includes a minor change to 

clarify that the term ‘‘cap disclosure’’ in 

the regulations refers to this disclosure 

required by section 103(b)(3) of the Act. 

For policies issued after December 26, 

2007, this cap disclosure must initially 

be provided to the policyholder at the 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18137 

first occurrence thereafter of an offer, 

purchase or renewal. The final rule 

provides that, for policies issued after 

December 26, 2007, if an insurer does 

not provide a cap disclosure by the time 

of the first offer, purchase or renewal of 

the policy after December 26, 2007, then 

the insurer must be able to demonstrate 

to Treasury’s satisfaction that it has 

provided the disclosure as soon as 

possible following December 26, 2007. 

Treasury considers March 31, 2008, to 

be the latest reasonable date for 

providing the cap disclosure (including 

reprocessing of policies, if necessary, 

where a compliant disclosure was not 

possible), barring unforeseen or unusual 

circumstances. If the March 31, 2008, 

date was not met by an insurer, 

Treasury will expect the insurer to 

demonstrate, when submitting a claim 

for the Federal share of compensation 

under the Program, why it could not 

comply by that date. 

E. Use of Model Forms (§ 50.17) 

Section 50.17(e) of the final rule adds 

a provision specifically addressing the 

cap disclosure. In addition, a minor 

refinement of section 50.17(a)(2) has 

been made in order to more accurately 

reflect section 105(c) of the Act. 

On December 19, 2007, the NAIC 

modified Model Disclosure Forms No. 1 

and 2 to satisfy the disclosure 

requirements of section 103(b) of the 

Act, including the cap disclosure 

requirement under section 103(b)(3). 

The new forms are found on the 

Treasury Web site at http:// 

www.treasury.gov/trip. However, 

insurers are not required to use the 

NAIC forms, and may use other means 

to comply with the disclosure 

requirements. 

F. Make Available (§§ 50.20 and 50.21) 

The Reauthorization Act made no 

change to the TRIA ‘‘make available’’ 

requirements in section 103(c). 

However, because the ‘‘make available’’ 

requirements apply to insured losses, 

and an ‘‘insured loss’’ is defined, in 

part, as a loss resulting from an act of 

terrorism, the revision of the definition 

of an act of terrorism in the 

Reauthorization Act to add domestic 

terrorism may have an impact on an 

insurer’s compliance with the ‘‘make 

available’’ requirements. 

The Reauthorization Act was effective 

immediately upon enactment, December 

26, 2007. The TRIA regulations in 31 

CFR 50.21(a) generally provide that the 

‘‘make available’’ requirements apply at 

the time of the initial offer of coverage 

or offer of renewal of an existing policy. 

Thus, any initial offers of coverage or 

offers of renewal of existing policies, 

made on or after the date of enactment, 

must be consistent with the revised 

definition of act of terrorism. In 

addition, if an insurer makes an offer of 

coverage on or after December 26, 2007 

on a policy that is in mid term, then the 

insurer must make available coverage 

for insured losses consistent with the 

revised definition of an act of terrorism. 

These general rules are included in 

revised section 50.21(b) of the final rule. 

Section 50.21 addresses in detail 

insurer implementation of the ‘‘make 

available’’ requirements under various 

circumstances as a result of enactment 

of the Reauthorization Act. Treasury 

considers March 31, 2008, to be the 

latest reasonable date for compliant 

offers of coverage (including 

reprocessing of policies, if necessary, 

where a compliant post-December 26, 

2007 offer was not possible), barring 

unforeseen or unusual circumstances. If 

the March 31, 2008, date was not met by 

an insurer, Treasury will expect the 

insurer to demonstrate, when 

submitting a claim for the Federal share 

of compensation under the Program, 

why it could not comply by that date. 

Section 50.21(c)(2) addresses policies 

where the coverage for insured losses 

expired as of December 31, 2007, but 

other coverage under the policy 

continued in force in 2008. An insurer 

must make coverage for insured losses 

available for the remaining portion of 

the policy term and, under section 

50.21(e)(4), an insurer must be able to 

demonstrate to Treasury’s satisfaction 

that it has offered such coverage as soon 

as possible following January 1, 2008. 

However, if a policyholder had declined 

an offer made by an insurer for coverage 

for insured losses expiring as of 

December 31, 2007, then the insurer is 

not required to make a new offer of 

coverage before the policy is due to be 

renewed. 

Section 50.21(e)(5) addresses 

situations where coverage became 

effective in 2008. Section 50.21(e)(5)(i) 

requires that if an insurer processed a 

new policy or policy renewal in 2007, 

or in the first three months of 2008, for 

coverage becoming effective in 2008, but 

did not make available coverage for 

insured losses, then the insurer must be 

able to demonstrate to Treasury’s 

satisfaction that it has provided an offer 

of coverage for insured losses as soon as 

possible following January 1, 2008. 

Under section 50.21(e)(5)(ii), if an 

insurer made an initial offer or offer of 

renewal of coverage for insured losses 

on or after December 26, 2007, for a 

policy term becoming effective in 2008, 

but the scope of the insured losses in 

the offer was inconsistent with the 

Reauthorization Act’s revised definition 

of an act of terrorism, then an insurer 

must make a new offer of coverage as 

soon as possible following January 1, 

2008. If an insurer made an initial offer 

of coverage or offer of renewal before 

December 26, 2007, for a policy term 

becoming effective in 2008, and 

coverage for insured losses was in 

compliance with the Act and the 

definition of an act of terrorism at the 

time of the offer, then the insurer is not 

required to make a new offer of coverage 

before the policy is due to be renewed. 

G. Federal Share of Compensation 

(§§ 50.50 and 50.53) 

These sections of the final rule 

include other minor and conforming 

changes to reflect the extension of the 

Program and the inclusion of the cap 

disclosure. 

III. Procedural Requirements 

This final rule is not a significant 

regulatory action under the terms of 

Executive Order 12866. 

Regulatory Flexibility Act. Pursuant to 

the Regulatory Flexibility Act (5 U.S.C. 

chapter 6), it is hereby certified that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. The final rule 

implements changes prescribed or 

authorized by the Reauthorization Act. 

TRIA requires all insurers, regardless of 

size or sophistication, that receive direct 

earned premiums for any type of 

commercial property and casualty 

insurance, to participate in the Program. 

The Act also defines ‘‘property and 

casualty insurance’’ to mean 

commercial lines without any reference 

to the size or scope of the commercial 

entity. The rule allows all insurers, 

whether large or small, to use existing 

systems and business practices to 

demonstrate compliance. The disclosure 

and ‘‘make available’’ requirements are 

required by the Act. In addition, the Act 

now defines an ‘‘act of terrorism’’ to 

include domestic terrorism. Any 

economic impact associated with the 

final rule flows from the Act and not the 

final rule. However, the Act and the 

Program are intended to provide 

benefits to the U.S. economy and all 

businesses, including small businesses, 

by providing a Federal reinsurance-type 

backstop to commercial property and 

casualty insurers and spreading the risk 

of insured losses resulting from an act 

of terrorism. Accordingly, a regulatory 

flexibility analysis is not required. 

List of Subjects in 31 CFR Part 50 

Terrorism risk insurance. 

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18138 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Authority and Issuance 

■ For the reasons set forth above, the 

interim final rule amending 31 CFR Part 

50, which was published at 73 FR 53359 

on September 16, 2008, is adopted as a 

final rule without change. 

Kenneth E. Carfine, 

Acting Under Secretary for Domestic Finance. 

[FR Doc. E9–9007 Filed 4–20–09; 8:45 am] 

BILLING CODE 4810–25–P?≤ 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1045; FRL–8894–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a sitespecific revision to the Minnesota sulfur 

dioxide (SO2) State Implementation 

Plan (SIP) for the Olmsted Waste to 

Energy Facility (OWEF), located in 

Rochester, Olmsted County, Minnesota. 

In its September 28, 2007, submittal, the 

Minnesota Pollution Control Agency 

(MPCA) requested that EPA approve 

certain conditions contained in OWEF’s 

revised Federally enforceable Title V 

operating permit into the Minnesota SO2

SIP. The request is approvable because 

it satisfies the requirements of the Clean 

Air Act (Act). The rationale for the 

approval and other information are 

provided in this rulemaking action. 

DATES: This direct final rule will be 

effective June 22, 2009, unless EPA 

receives adverse comments by May 21, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1045, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1045. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Christos Panos, 

Environmental Engineer, at (312) 353– 

8328 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8328, 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. General Information 

1. What is the Background for this Action? 

2. What information did Minnesota submit, 

and what were its requests? 

3. Why is EPA Taking this Action? 

4. What is a ‘‘Title I Condition?’’ 

II. What Action is EPA Taking? 

III. Statutory and Executive Order Reviews 

I. General Information 

1. What is the Background for this 

Action? 

OWEF, a municipal waste combustor 

facility owned by Olmsted County, is 

located at 301 Silver Creek Road 

Northeast, in Rochester, Olmsted 

County, Minnesota. The facility is a 

district heating and cooling plant as 

well as an electric power generating 

station. Energy is produced mainly 

through combustion of municipal solid 

waste in two mass burn combustion 

units. The other emission units are a 

diesel generator that provides 

emergency electrical power and 

occasional peaking capacity and an 

auxiliary boiler used when the waste 

combustor is going through 

maintenance. Minnesota originally 

submitted a Title V permit for OWEF as 

part of the Minnesota SO2 SIP for 

Olmsted County on November 4, 1998. 

This Title V permit contains the SO2

emission limits and operating 

restrictions imposed on the facility to 

provide for attainment and maintenance 

of the SO2 National Ambient Air Quality 

Standards (NAAQS). 

2. What information did Minnesota 

submit, and what were its requests? 

The SIP revision submitted by MPCA 

on September 28, 2007, consists of 

Minnesota Air Emission Permit No. 

10900005–002, issued to OWEF on 

August 23, 2007, which serves as a joint 

Title I/Title V document. The state has 

requested that EPA approve only the 

portions of the permit cited as ‘‘Title I 

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