Notice2026-02834
Clean Air Act Tribal Minor New Source Review Permit Issued to Lupton Plant Property, LLC and Lupton Petroleum Products Inc., for the Lupton Facility
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 12, 2026
Effective
December 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
This document announces that the U.S. Environmental Protection Agency (EPA), Region 9, made a final decision to issue, in accordance with the Clean Air Act (CAA), a Tribal Minor New Source Review (NSR) permit to Lupton Plant Property, LLC/Lupton Petroleum Products Inc. for the Lupton Facility under the CAA's Tribal Minor NSR Program. This permit authorizes the modification and operation of an existing transmix processing and bulk petroleum storage facility in Lupton, Arizona.
Full Text
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<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
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[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Notices]
[Pages 6638-6639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02834]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R09-OAR-2023-0411; FRL-13176-01-R9]
Clean Air Act Tribal Minor New Source Review Permit Issued to
Lupton Plant Property, LLC and Lupton Petroleum Products Inc., for the
Lupton Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This document announces that the U.S. Environmental Protection
Agency (EPA), Region 9, made a final decision to issue, in accordance
with the Clean Air Act (CAA), a Tribal Minor New Source Review (NSR)
permit to Lupton Plant Property, LLC/Lupton Petroleum Products Inc. for
the Lupton Facility under the CAA's Tribal Minor NSR Program. This
permit authorizes the modification and operation of an existing
transmix processing and bulk petroleum storage facility in Lupton,
Arizona.
DATES: The EPA's final decision for the Lupton Facility was issued on
November 14, 2025, and became effective December 17, 2025. 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 by April 13, 2026.
ADDRESSES: The EPA established a docket for this action under Docket ID
No. EPA-R09-OAR-2023-0411. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the docket
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information the disclosure of which
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional information about accessing docket materials for this
action.
FOR FURTHER INFORMATION CONTACT: Po-Chieh Ting, EPA Region 9, (415)
972-3191, <a href="/cdn-cgi/l/email-protection#2d5944434a035d424e454448456d485d4c034a425b"><span class="__cf_email__" data-cfemail="3e4a575059104e515d56575b567e5b4e5f10595148">[email protected]</span></a>. The EPA's final permit decision, the
Technical Support Document for this action, and all other supporting
information are available through https://
[[Page 6639]]
www.regulations.gov under Docket ID No. EPA-R09-OAR-2023-0411.
SUPPLEMENTARY INFORMATION:
Notice of Final Action
On November 14, 2025, the EPA issued a final decision to issue a
permit, Permit No. C-2025-6, to Lupton Plant Property, LLC, a limited
liability corporation incorporated in Idaho with its principal place of
business in Idaho Falls, Idaho, and Lupton Petroleum Products Inc., a
general business corporation incorporated in Idaho with its principal
place of business in Idaho Falls, Idaho. This permit pertains to the
modification and operation of the Lupton Facility (``Source''), an
existing transmix processing and bulk petroleum storage facility,
located partially on Navajo Nation Reservation in Lupton, Arizona. The
EPA issued the permit pursuant to the provisions of CAA sections 110(a)
and 301(d) and the EPA's Tribal Minor NSR Program at 40 CFR 49.151-
49.164. The EPA based its decision on its determination that the Source
met the applicability criteria and submitted all required content in
the permit application under the EPA's Tribal Minor NSR Program. Notice
of the final decision was provided on November 17, 2025, pursuant to 40
CFR 49.159(a). In accordance with 40 CFR 49.159(d)(1), permit decisions
may be appealed under the permit appeal procedures of 40 CFR 124.19. In
accordance with 40 CFR 124.19, within 30 days after service of notice
of the final permit decision, any person who filed comments on the
draft permit or participated in a public hearing on the draft permit
may file a petition to the EPA's Environmental Appeal Board (EAB) for
review. Additionally, any person who failed to file comments or failed
to participate in the public hearing on the draft permit may petition
the EAB for administrative review of any permit conditions set forth in
the final permit decision, but only to the extent that those final
permit conditions reflect changes from the proposed draft permit. The
EPA received one comment filed on the draft permit during the public
comment period. The EPA did not hold, or receive a request for, a
public hearing on the draft permit. In the EPA's permit issued in its
final permit decision, the EPA responded to public comments received
but did not change the final permit conditions from those of the
proposed draft permit. The EAB did not receive a petition to review any
condition in the permit decision under 40 CFR 124.19. Therefore,
pursuant to 40 CFR 49.159(a), this permit became effective on December
17, 2025.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 2, 2026.
Anita Lee,
Acting Director, Air and Radiation Division, Region IX.
[FR Doc. 2026-02834 Filed 2-11-26; 8:45 am]
BILLING CODE 6560-50-P
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