Approval of Clean Air Act General Permit Requests for Coverage for New or Modified Minor Source Hot Mix Asphalt Plants in Indian Country

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-OAR-2022-0093, EPA-R09-OAR-2019-0001, EPA-R09-OAR-2021-0046, and EPA-R09-OAR-2022-0220; FRL-13548-01-R9]

Approval of Clean Air Act General Permit Requests for Coverage for New or Modified Minor Source Hot Mix Asphalt 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 Yavapai-Apache Sand and Rock, Navajo Engineering and Construction Authority (NECA), and Fann Contracting, Inc. (“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 Hot Mix Asphalt Plants in Indian Country (“HMA Plants General Permit”) for Yavapai-Apache Sand and Rock, the NECA Portable Hot Mix Asphalt Plant, the N12 Portable Hot Mix Asphalt Plant, and the Kayenta Hot Plant Site (“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-2022-0093, EPA-R09-OAR-2019-0001, EPA-R09-OAR-2021-0046, and EPA-R09-OAR-2022-0220. 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 four Requests for Coverage under the HMA Plants General Permit

1

submitted by the Permittees. The Requests for Coverage under the HMA 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 hot mix asphalt 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 HMA Plants General Permit.

1

The HMA Plants General Permit was issued by the EPA under the Tribal Minor NSR Program on May 1, 2015, and the permit became effective June 1, 2015 (80 FR 25068, May 1, 2015). This permit is available on

https://www.regulations.gov

under Document ID EPA-HQ-OAR-2011-0151-0132.

Table 1—Source Approvals Under the HMA Plants General Permit

Source

Location

Docket ID

Approval date

Yavapai-Apache Sand and Rock

Camp Verde, AZ

EPA-R09-OAR-2022-0093

May 11, 2018.

NECA Portable Hot Mix Asphalt Plant

Apache County, AZ

EPA-R09-OAR-2019-0001

April 11, 2019.

N12 Portable Hot Plant Site

Tsaile, AZ

EPA-R09-OAR-2021-0046

April 13, 2021.

Kayenta Hot Plant Site

Kayenta, AZ

EPA-R09-OAR-2022-0220

April 27, 2022.

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 HMA Plants General Permit (40 CFR 49.156(e)(6)).

(Authority: 42 U.S.C. 7401

et seq.

)

Dated: August 31, 2026.

Anita Lee,

Director, Air and Radiation Division, Region IX.

[FR Doc. 2026-18288 Filed 9-8-26; 8:45 am]

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