Approval of Clean Air Act General Permit Requests for Coverage for New or Modified Minor Source Concrete Batch Plants in Indian Country

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2022-0095, EPA-R09-OAR-2022-0118, EPA-R09-OAR-2018-0699, EPA-R09-OAR-2019-0598, EPA-R09-OAR-2020-0366, EPA-R09-OAR-2022-0654, and EPA-R09-2025-0301; FRL-13549-01-R9]

Approval of Clean Air Act General Permit Requests for Coverage for New or Modified Minor Source Concrete Batch Plants in Indian Country

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of final action.

SUMMARY:

On various dates, the U.S. Environmental Protection Agency (EPA) issued approvals to Oscar Renda Contracting, Inc., FNF Construction, Inc., CEMEX Construction Materials South, LLC, and Core Ready Mix, LLC, (“Permittees”) under the Clean Air Act's Tribal Minor New Source Review (NSR) Program. The EPA approved these Requests for Coverage under the General

Air Quality Permit for New or Modified Minor Source Concrete Batch Plants in Indian Country (“Concrete Batch Plants General Permit”) for Window Rock Airport, Navajo Nation Crushing/Screening Operation, CEMEX—Higley Plant, Oscar Renda Contracting, Inc., Portable Concrete Batch Plant Facility, and Core Ready Mix Higley Plant (“Sources”). These approvals authorized the construction and operation of these Sources under the Tribal Minor NSR Program.

DATES:

The Requests for Coverage were approved by the EPA on various dates. See the

SUPPLEMENTARY INFORMATION

section. Pursuant to section 307(b)(1) of the Clean Air Act, judicial review of this final agency decision, to the extent it is available, may be sought by filing a petition for review in the United States Court of Appeals for the Ninth Circuit no later than November 9, 2026.

ADDRESSES:

The EPA has established dockets for these actions under Docket ID Nos. EPA-R09-OAR-2022-0095, EPA-R09-OAR-2022-0118, EPA-R09-OAR-2018-0699, EPA-R09-OAR-2019-0598, EPA-R09-OAR-2020-0366, EPA-R09-OAR-2022-0654, and EPA-R09-2025-0301. All documents in the dockets are listed on the

https://www.regulations.gov

website. Although listed in an index, some information is not publicly available,

e.g.,

Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through

https://www.regulations.gov,

or please contact the person identified in the

FOR FURTHER INFORMATION CONTACT

section for additional availability information. If you need assistance in a language other than English or if you are a person with a disability who needs a reasonable accommodation at no cost to you, please contact the person identified in the

FOR FURTHER INFORMATION CONTACT

section.

FOR FURTHER INFORMATION CONTACT:

Catherine Valladolid, EPA Region 9; telephone number: (415) 947-4103; email address:

valladolid.catherine@epa.gov

. The EPA's final approval decisions, the Technical Support Documents for these actions, and all other supporting information are available through

www.regulations.gov

under the Docket ID Nos listed in the

ADDRESSES

section.

SUPPLEMENTARY INFORMATION:

Notice of Final Action

The EPA approved seven Requests for Coverage under the Concrete Batch Plants General Permit

1

submitted by the Permittees. The Requests for Coverage under the Concrete Batch Plants General Permit were approved on the dates listed in Table 1. These approvals pertain to the construction and operation of the Sources, all of which are or were concrete batch plants, located in Indian Country. The EPA issued the approvals pursuant to the provisions of Clean Air Act sections 110(a) and 301(d) and the EPA's Tribal Minor NSR Program at 40 CFR 49.151 through 49.165. The EPA based its approvals on its determinations that the Sources met the criteria qualifying them for coverage and that the Sources were eligible for coverage under the Concrete Batch Plants General Permit.

Table 1—Source Approvals Under the Concrete Batch Plants General Permit

Source

Location

Docket ID

Approval date

Navajo Nation Crushing/Screening Operation

McKinley and San Juan Counties, NM

EPA-R09-OAR-2022-0095

April 18, 2018.

Window Rock Airport

2

Window Rock, AZ

EPA-R09-OAR-2022-0118

April 18, 2018.

CEMEX—Higley Plant

Mesa, AZ

EPA-R09-OAR-2018-0699

December 26, 2018.

Oscar Renda Contracting, Inc. Portable Concrete Batch Plant Facility

Near Newcomb, AZ

EPA-R09-OAR-2019-0598

December 30, 2019.

Window Rock Airport

3

Window Rock, AZ

EPA-R09-OAR-2020-0366

September 17, 2020.

Window Rock Airport

4

Window Rock, AZ

EPA-R09-OAR-2022-0654

October 10, 2022.

Core Ready Mix Higley Plant

Near Mesa, AZ

EPA-R09-OAR-2025-0301

November 21, 2025.

The EPA's Clean

Air Act approvals for these Sources are final agency actions for purposes of judicial review only for the issue of whether the Sources qualify for coverage under the Concrete Batch Plants General Permit (40 CFR 49.156(e)(6)).

1

The Concrete Batch Plants General Permit was issued by the EPA under the Tribal Minor NSR Program on October 14, 2016, and the permit became effective November 14, 2016 (81 FR 70944, October 14, 2016). This permit is available on

https://www.regulations.gov

under Document ID EPA-HQ-OAR-2011-0151-0156.

2

EPA has approved three Requests for Coverage under the Concrete Batch Plants General Permit for Window Rock Airport. This first action approved the temporary operation of a concrete batch plant for a period of 30 days for “Phase I” of modifications planned at the Window Rock Airport.

3

This action approved the temporary operation of a concrete batch plant for a period of 45 days for “Phase II” of modifications planned at the Window Rock Airport.

4

This action re-approved the temporary operation of a concrete batch plant for a period of 45 days for the “Phase II” of modifications at the Window Rock Airport. Phase II had been previously approved on September 17, 2020; however, because FNF Construction, Inc. failed to commence construction at Window Rock Airport within 18 months of the approval date, the approval expired on March 17, 2022. FNF Construction, Inc. applied for a new approval of Phase II on July 26, 2022.

(Authority: 42 U.S.C. 7401

et seq.

)

Dated: August 26, 2026.

Anita Lee,

Director, Air and Radiation Division, Region IX.

[FR Doc. 2026-18285 Filed 9-8-26; 8:45 am]

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