Document

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

On various dates, the U.S. Environmental Protection Agency (EPA) issued approvals to Oscar Renda Contracting, Inc., FNF Construction, Inc., CEMEX Construction Materials South, L...

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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]

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 ( printed page 57337) 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 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 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)).

(Authority: 42 U.S.C. 7401 et seq.)

Dated: August 26, 2026.

Anita Lee,

Director, Air and Radiation Division, Region IX.

Footnotes

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 www.regulations.gov under Document ID EPA-HQ-OAR-2011-0151-0156.

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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.

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

BILLING CODE 6560-50-P

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Federal Register Citation

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91 FR 57336

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“Approval of Clean Air Act General Permit Requests for Coverage for New or Modified Minor Source Concrete Batch Plants in Indian Country,” thefederalregister.org (September 9, 2026), https://thefederalregister.org/documents/2026-18285/approval-of-clean-air-act-general-permit-requests-for-coverage-for-new-or-modified-minor-source-concrete-batch-plants-in.