EPA Clears Concrete Mixing Ops on Tribal Lands
Published Date: 9/9/2026
Notice
Summary
On various dates, the U.S. Environmental Protection Agency (EPA) issued approvals to Oscar Renda Contracting, Inc., FNF Construction, Inc., CEMEX Construction Materials South, LLC, and Core Ready Mix, LLC, ("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 Concrete Batch Plants in Indian Country ("Concrete Batch Plants General Permit") for Window Rock Airport, Navajo Nation Crushing/Screening Operation, CEMEX--Higley Plant, Oscar Renda Contracting, Inc., Portable Concrete Batch Plant Facility, and Core Ready Mix Higley Plant ("Sources"). These approvals authorized the construction and operation of these Sources under the Tribal Minor NSR Program.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
EPA OKs Concrete Plant Permits in Indian Country
The EPA approved Requests for Coverage under the Concrete Batch Plants General Permit for seven concrete batch plant sources located in Indian Country, authorizing their construction and operation. The approvals were issued on dates including April 18, 2018; December 26, 2018; December 30, 2019; September 17, 2020; October 10, 2022; and November 21, 2025.
Approval Expired After 18 Months Without Construction
An earlier EPA approval for Phase II at Window Rock Airport expired on March 17, 2022 because FNF Construction, Inc. failed to commence construction within 18 months of the approval date. FNF Construction then applied for a new approval on July 26, 2022.
Short-Term Temporary Operation Approvals
The EPA approved temporary operation of a concrete batch plant at Window Rock Airport for 30 days for "Phase I" and approved temporary operation for 45 days for "Phase II." The Phase I 30-day approval is dated April 18, 2018; Phase II 45-day approvals were dated September 17, 2020 and re-approved October 10, 2022.
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