Public Notice: Final Permit Decision; ASARCO LLC Mission Complex – San Xavier
Summary
Announcement of Final Permit Decision to Issue a Permit under the Clean Air Act Federal Part 71 Operating Permits Program in Indian Country.
Source ID #: 14; Application #: 2022-002-TVR
Permit: V-2024-1
Final Action: The United States Environmental Protection Agency, Region 9 (EPA) is renewing the Clean Air Act (CAA) title V operating permit for the portion of ASARCO LLC Mission Complex – San Xavier (“Source”). The Source is located at 4201 West Pima Mine Road, Sahuarita, AZ 85629, within the Tohono O’odham Nation Reservation. The EPA is issuing this CAA title V permit renewal to ASARCO LLC, 1365 West Pima Mine Road, Sahuarita, Arizona 85629. The contact for the Source is Jamie Ekholm (telephone number: (520) 393-4671).
This permit will replace the current title V operating permit (Permit #: TO-ROP-15-01) at the Source, consistent with the title V federal operating permit program regulations (40 CFR Part 71). The ASARCO LLC Mission Complex – San Xavier is a copper sulfide ore mining facility and conducts mining activities including drilling, blasting, hauling, loading and unloading, operation of mobile equipment, and vehicle traffic. While most of the operations of this facility are within the jurisdiction of Pima County Department of Environmental Quality, a portion of the operation is located within the Tohono O’odham Nation and under the jurisdiction of the EPA. This permit addresses requirements that apply to the Source and will not result in emissions change for any criteria pollutant or hazardous air pollutant. More information on the emission inventory associated with this final permit can be found in Section 4 of the statement of basis for this action.
Public Comments: The public comment period started on February 16, 2024 and ended on March 18, 2024. No comment was received.
Administrative Record: The final permit and all other supporting information are available through www.regulations.gov under Docket ID No. EPA-R09-OAR-2022-0298. 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 hardcopy. Po-Chieh Ting can also be reached through the EPA Region 9’s toll-free general information line at (866) 372-9378.
Permit Appeal: In accordance with 40 CFR 71.11(l), 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 only to the extent that the changes from the draft to the final permit or other new grounds were not reasonably ascertainable during the public comment period. 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, the EPA will issue a final permit decision as specified in 40 CFR 71.11(i).
Permit Effective Date: This permit becomes effective immediately upon issuance of the permit, pursuant to 40 CFR 71.11(i)(2)(iii).
Related Content: Clean Air Act Permit Actions in EPA's Pacific Southwest (Region 9)
***Please bring the foregoing notice to the attention of all persons who would be interested in this matter.***
Applicants or Respondents
ASARCO LLC Mission Complex – San Xavier4201 West Pima Mine Road
Sahuarita, AZ 85629
United States