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Environmental Protection Agency (EPA).
Notice of final action.
On various dates, the U.S. Environmental Protection Agency (EPA) issued approvals to Fisher Sand & Gravel—New Mexico, Inc., PG&E, LLC, and Archer Western (“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 Stone Quarrying, Crushing, and Screening Facilities in Indian Country (“SQCS General Permit”) for Grey Mesa Gravel Pit, Ehrenberg Quarry, and San Juan Lateral Water Treatment Plant Rock Crusher (“Sources”). These approvals authorized the construction and operation of these Sources under the Tribal Minor NSR Program.
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.
The EPA has established dockets for these actions under Docket ID Nos. EPA-R09-OAR-2022-0120, EPA-R09-OAR-2024-0476, and EPA-R09-OAR-2024-0555. 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.
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.
The EPA approved three Requests for Coverage under the SQCS General Permit [1] submitted by the Permittees. The Requests for Coverage under the SQCS 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 stationary and portable stone quarrying, rock crushing, and screening 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 SQCS General Permit.
| Source | Location | Docket ID | Approval date |
|---|---|---|---|
| Grey Mesa Gravel Pit | San Juan County, NM | EPA-R09-OAR-2022-0120 | November 5, 2015. |
| Ehrenberg Quarry | La Paz County, AZ | EPA-R09-OAR-2024-0476 | February 27, 2025.2 |
| San Juan Lateral Water Treatment Plant Rock Crusher | San Juan County, NM | EPA-R09-OAR-2024-0555 | May 21, 2025.3 |
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 SQCS 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.
1. The SQCS 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-2011-0151-0134.
Back to Citation2. On September 29, 2025, the EPA terminated the Ehrenberg Quarry's coverage under the SQCS General Permit following receipt on August 6, 2025, of a Notification of Closure from PG&E, LLC, the permittee (Application #2025-019-TERMINATION). See Docket ID EPA-R09-OAR-2024-0476 at https://www.regulations.gov.
3. On December 17, 2025, the EPA terminated the San Juan Lateral Water Treatment Plant Rock Crusher's coverage under the SQCS General Permit following receipt December 8, 2025, of a Notification of Closure from Archer Western, the permittee (Application #2025-020-TERMINATION). See Docket ID EPA-R09-OAR-2024-0555 at https://www.regulations.gov.
Back to Citation[FR Doc. 2026-18286 Filed 9-8-26; 8:45 am]
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