Public Notice: Final Permit Decision to Issue a Permit under the Federal Indian Country Minor New Source Review Program; Lupton Facility, Apache County, Arizona
Summary
Announcement of Final Permit Decision to Issue a Permit under the Clean Air Act Federal Indian Country Minor New Source Review Program; Lupton Facility. Source ID #: 81; Application #: 2023-017-SM;Permit: C-2025-6.
Final Action: The United States Environmental Protection Agency, Region 9 (EPA) is issuing a minor New Source Review (NSR) permit for the Lupton Facility (“Source”). The Source is located near Exit 359 of U.S. Interstate 40 West on Grant Road in Lupton, Apache County, Arizona 86508. The footprint of the Source is partially within the Navajo Nation Reservation and partially within a privately held parcel in McKinley County, New Mexico. EPA is issuing this minor NSR permit to Lupton Petroleum Products Inc., P.O. Box 50628, Idaho Falls, ID 83405, for construction and operation activities within the Navajo Nation reservation portion of the Source. The contact for the Source is Ryan Call, (801) 898-4763.
The Source is an existing transmix processing facility that receives transmix (mixture of gasoline and diesel that does not meet EPA’s fuel standards for sale), distills and processes the received transmix into gasoline and ultra-low sulfur diesel (ULSD), and subsequently loads the resulting gasoline and ULSD fuel products via pipelines to an adjacent fuel dispensing facility or onto cargo tanks to be shipped to other off-site fuel dispensing facilities for sale. This final permit decision will authorize the construction and operation of a new hydrotreater flare, a new vapor combustion unit, a new cooling tower, two new propane gas-fired process heaters and a new propane gas-fired vaporizer for the new hydrotreating process, six new volatile organic liquids (VOL) aboveground storage tanks equipped with internal floating roofs, two new fixed-roof aboveground storage tanks for on-site spills, one new underground storage tank for a new oily water separator, a new gasoline loading rack, as well as authorize the operation of existing equipment, including existing VOL storage tanks, a transmix surge drum, a propane gas-fired process heater for transmix distillation process, loading racks for VOL loading and unloading operations, an existing diesel-fired emergency genset, and an existing propane gas-fired emergency genset, consistent with the minor NSR regulations for Indian country (40 CFR §§49.151-161). The proposed modification will result in an increase in allowable emissions of the following: 5.02 tons per year (tpy) of volatile organic compounds (VOC), 8.13 tpy of nitrogen oxides (NOX), 9.81 tpy of carbon monoxide (CO), 0.12 tpy of sulfur dioxide (SO2), 1.01 tpy of particulate matter less than ten microns in diameter (PM10), and 0.21 tpy of particulate matter less than 2.5 microns in diameter (PM2.5). The total allowable emissions after the modification at the Source will be: 65.05 tpy for VOC, 14.89 tpy for NOX, 12.91 tpy for CO, 0.13 tpy for SO2, 1.23 tpy for PM10, and 0.43 tpy for PM2.5. More information on the emission changes and limitations associated with this permit can be found in Section 7 of the technical support document for this action.
Public comments: The public comment period started on September 29, 2025, and ended on October 30, 2025. One comment was received. EPA has considered all comments received during the public comment period in making its final permit decision. The comments received and EPA’s responses are available as part of the administrative record for this action.
Administrative Record: The final permit and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2023-0411. If you are not able to access the administrative record through the online docket, please call Po-Chieh Ting at (415) 972-3191 to obtain a hard copy. Po-Chieh Ting can also be reached through EPA Region 9’s toll-free general information line at (866) 372-9378.
Permit Appeal: In accordance with 40 CFR §49.159(d)(1) and 40 CFR §124.19, within 30 days after a final permit decision has been issued, any person who filed comments on the draft permit or participated in a public hearing may petition the Environmental Appeals Board (EAB) to review any condition of the permit decision. Any person who failed to file comments or to participate in the public hearing may petition for administrative review of any permit conditions in the final permit decision, but only to the extent that those final permit conditions reflect changes from the proposed draft permit. The 30-day period within which a person may request review under this section begins with service of notice of the final permit decision. A petition to the EAB is a prerequisite to seeking judicial review of the final agency action under Section 307(b) of the CAA. For purposes of judicial review, final agency action occurs when we deny or issue a final permit and agency review procedures are exhausted. Following an appeal to the EAB, EPA will issue a final permit decision as specified in 40 CFR §124.19(l).
Permit Effective Date: This permit becomes effective 30 days from service of notice, unless review of the final permit is requested under 40 CFR §49.159(d), in which case, the permit’s effectiveness will be stayed and construction cannot be authorized under this permit until agency review procedures are exhausted under 40 CFR §49.159(d) and the Regional Administrator subsequently issues a final permit.
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***