Public Notice: Draft Clean Air Act Minor New Source Review Permit; Lupton Facility, Lupton, AZ

Draft Clean Air Act Minor New Source Review Permit; Lupton Facility, Lupton, AZ
How to Comment
Comments Due

All written comments or requests for a public hearing must be received or postmarked by October 30, 2025. Comments may be submitted via the following methods:

During the public comment period, any person may submit written comments on the draft permit and our finding under section 106 of the National Historic Preservation Act or may request a public hearing. Comments must raise any reasonably ascertainable issue with supporting arguments by the close of the public comment period (including any public hearing). Please address comments with the subject “Comments on Draft Permit for Lupton Facility.”

All comments that are received via email or through www.regulations.gov will be included in the public docket without change and will be available to the public, including any personal information provided, within a few days of receipt. Comments submitted to the EPA through a non-electronic delivery method will also be included in the public docket without change and will be available to the public, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Information that is considered to be CBI or otherwise protected should be clearly identified as such and should be submitted only through a non-electronic delivery method; such information should not be submitted through www.regulations.gov or e-mail. If a commenter sends e-mail directly to the EPA, the e-mail address will be automatically captured and included as part of the public comment.

Please note that an e-mail or postal address must be provided with comments if the commenter wishes to receive direct notification of the EPA’s final decision regarding the draft permit following the public comment period. For information about CBI or multimedia submissions and general guidance on making effective comments, please visit Commenting on EPA Dockets. 

Publish Date

Summary

Announcement of draft permit and request for public comment on draft Clean Air Act Minor New Source Review Permit in Indian Country for Lupton Facility, Lupton, Arizona. Tribal Minor NSR Permit Application # 2023-017-SM .

Proposed Action

The United States Environmental Protection Agency, Region 9 (EPA) provides notice of and requests public comment on EPA’s proposed action relating to the draft minor New Source Review (NSR) permit for the Lupton Facility (“Source”). The Source is located at U.S. Interstate 40 West and Exit 359 on Grant Road, Lupton, Arizona, 86508, within the Navajo Nation. EPA is proposing to issue this minor NSR permit to Lupton Plant Property, LLC and Lupton Petroleum Products Inc., P.O. Box 50628, Idaho Falls, Idaho, 83405. The contact for the Source is Ryan Call, (801) 898-4763.

This draft permit, if finalized, 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).

Lupton Facility 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. The proposed modification, if finalized, will result in an increase in allowable emissions of: 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, if finalized, 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 draft permit can be found in Section 7 of the technical support document for this action.

Draft Permit Review

The draft permit prepared by EPA, the technical support document for the draft permit, and all supporting materials are available for review by the public through the online docket listed above, by contacting Po-Chieh Ting at R9airpermits@epa.gov.

You can also access the online docket at public locations near you with internet access, including:

  • Navajo Nation Library
    Address: 36 Window Rock Loop Rd, Window Rock, AZ 86515
    Email: library@nndode.org
    Phone: (928) 871-6376, or (928) 871-6526
    Hours of Availability: Monday through Friday, from 8:00 p.m. to 5:00 p.m.
  • Sanders Public Library
    Address: Off I-40, Exit 339 North, Frontage Road East, Sanders, AZ 86512
    Contacts: Lucinda Baloo, Library Manager
    Phone: (928) 688-2677
    Hours of Availability: Monday through Thursday, from 10:00 a.m. to 5:00 p.m.

Public Hearing

A public hearing has not been scheduled for the draft permit action. However, anyone may request a public hearing. Any request for a public hearing must be made in writing and state the nature of the issues proposed to be raised at the hearing. EPA will hold a hearing whenever there is, on the basis of requests, a significant degree of public interest in a draft minor NSR permit. EPA may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the minor NSR permit decision. EPA will provide notice at least 30 days in advance of the date and time of any scheduled public hearing. The 30-day public comment period will be extended to the close of any public hearing on the Lupton Facility.

Final Action

Before taking final action on the draft permit, EPA will consider all written comments submitted during the public comment period.  EPA will send notice of our final permit decision to each person who submitted comments and provided contact information during the public comment period or requested notice of the final permit decision. EPA will summarize the contents of all substantive comments and provide written responses in a document accompanying EPA’s final permit decision. EPA’s final permit decision will become effective 30 days after the service of notice of the decision unless:

  1. A later effective date is specified in the permit;
  2. The decision is appealed to EPA’s Environmental Appeals Board (EAB) pursuant to 40 CFR §49.159(d); or
  3. There are no comments requesting a change to the draft permit decision, in which case the final decision may become effective immediately upon issuance.

Appeals to the EAB

In accordance with 40 CFR §49.159 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 the public hearing may petition the EAB to review any condition of the permit decision. The 30-day period within which a person may request review under this section begins when the Region has fulfilled the notice requirements for the final permit decision. A petition to the EAB is, under section 307(b) of the Act, a prerequisite to seeking judicial review of the final agency action. For purposes of judicial review, final agency action occurs when EPA denies or issues a final permit and agency review procedures are exhausted.

Contact Information

If you have questions, or if you wish to obtain further information, please contact Po-Chieh Ting at (415) 972-3191, via email at R9airpermits@epa.gov. If you would like to be added to our notification list to receive future information about this draft permit decision or other permit decisions issued by EPA Region 9, please contact EPA at R9airpermits@epa.gov.

Learn more about Tribal Minor New Source Review Permitting in EPA's Pacific Southwest.

***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***

Applicants or Respondents

Lupton Plant Property LLC and Lupton Petroleum Products Inc.

P.O. Box 50628
Idaho Falls, ID 83405
United States

Docket Numbers

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Last updated on September 30, 2025