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Public Notice: ASARCO LLC Mission Complex - San Xavier; Renewal of Clean Air Act Title V Federal Operating Permit

Publish Date: 08/10/2017


The United States Environmental Protection Agency, Region 9 (EPA) is issuing its final decision to grant approval, in accordance with the Clean Air Act, of the operating permit renewal for ASARCO LLC Mission Complex – San Xavier, a facility that mines and processes copper sulfide ore, located on the reservation of the Tohono O'odham Nation in Sahuarita, Arizona.

This facility is required to renew its Clean Air Act Title V Operating Permit in accordance with 40 CFR Part 71. The permit contains all of the Clean Air Act requirements that apply to the source and requires that the source conduct monitoring sufficient to enable the EPA and the public to determine whether the source is complying with the applicable air quality requirements. This proceeding is subject to the administrative requirements of 40 CFR 71.11.

A request for public comment regarding the EPA's proposed title V permit renewal was published on May 25, 2017. EPA provided a 30-day public comment period and received no comments. After consideration of the pertinent federal statutes and regulations, the EPA hereby issues a renewed title V permit to operate for ASARCO LLC, Mission Complex.

A copy of the final permit prepared from the EPA, the statement of basis, the application, and all supporting materials submitted by the source are available for review by the public at the following locations:
  1. By contacting the permit writer, Khoi Nguyen (nguyen.thien@epa.gov) at 415-947-4120 or by writing to:
    US EPA, Region 9
    Attn: Khoi Nguyen
    (AIR-3) 75 Hawthorne Street
    San Francisco, CA 94105
  2. At the US EPA Region 9 office (address above), Monday through Friday, from 9:00 a.m. until 4:00 p.m., excluding federal holidays
  3. Online at www.regulations.gov under Docket ID No. EPA-R09-OAR-2017-0252
Within 30 days after the final permit decision has been issued, any person may petition the Environmental Appeals Board to review the EPA's permitting decision. Such a petition shall include a statement of the reasons supporting the request for review, including a demonstration that any issues being raised were raised during the public comment period to the extent required by 40 CFR §71.11 and, when appropriate, a showing that the condition in question is based on:
  1. A finding of fact or conclusion of law which is clearly erroneous;
  2. An exercise of discretion or an important policy consideration which the Environmental Appeals Board should, in its discretion, review.
An appeal to the Environmental Appeals Board for review of this permit decision must be filed no later than 30 days after issuance of the permit with the Hearing Clerk at the following address:

U.S. Environmental Protection Agency Clerk of the Board
Environmental Appeals Board(MC 1103B)
Ariel Rios Building
1200 Pennsylvania Avenue N.W.
Washington, DC 204606-0001

This permit shall become effective immediately upon issuance per 40 CFR 71.11(i)(2)(iii) unless a petition is filed to review any conditions of this permit as described above, in which case the specific terms and conditions of the permit which are the subject of the request for review will be stayed. This permit is valid for a period of five years and shall expire at midnight on the date five years after its date of issuance unless a timely and complete renewal application has been submitted at least six months, but not more than 18 months, prior to the date of expiration of the permit.

Applicant or Respondent

ASARCO LLC Mission Complex – San Xavier

Docket Number: 

Permit #: TO-ROP 15-01