[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Page 50686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20654]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9717-6]
Notice of Approval of Title V Operating Permit for Peabody
Western Coal Company (Navajo Nation EPA No. NN-OP 08-010)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This notice announces that the Navajo Nation Environmental
Protection Agency (``NNEPA''), acting with authority from the United
States Environmental Protection Agency (``EPA'') delegated pursuant to
40 C.F.R. Part 71, has issued a federal Clean Air Act Title V operating
permit to Peabody Western Coal Company (``Peabody'') governing air
emissions from Peabody's mining operation at the Kayenta Mine, Black
Mesa Complex in Arizona on the reservation of the Navajo Nation.
DATES: NNEPA, acting as EPA's delegate, issued notice of a final permit
decision on May 21, 2012. Certain portions of the permit became
effective on April 14, 2011. All other provisions of the permit became
effective on March 13, 2012 after the Environmental Appeals Board
denied Peabody's petition for review. Pursuant to section 307(b)(1) of
the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this permit
decision, to the extent it is available, may be sought by filing a
petition for review in the United States Court of Appeals for the Ninth
Circuit by October 22, 2012.
ADDRESSES: The documents relevant to the above-referenced permits are
available for public inspection during normal business hours at the
following address: U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, CA 94105. To arrange for viewing of
these documents call Roger Kohn at (415) 972-3973.
FOR FURTHER INFORMATION CONTACT: Roger Kohn, Air Division Permits
Office, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne
Street, San Francisco, CA 94105.
Charlene Nelson, Navajo Nation Air Quality Control Program,
Operating Permits Section, P.O. Box 529, Fort Defiance, AZ 86504.
Anyone who wishes to review the EPA Environmental Appeals Board
decision described below can obtain it at http://www.epa.gov/eab/.
Notice of Final Action and Supplementary Information: NNEPA issued
notice of a final revised permit decision to Peabody for its surface
coal mining operations on the Navajo reservation, Title V Operating
Permit No. NN-OP 08-010 (``Peabody permit''), on May 21, 2012. The
Peabody revised permit was initially issued by NNEPA on April 14, 2011.
EPA's Environmental Appeals Board (``EAB'') received a petition for
review by Peabody of this revised permit on May 16, 2011. On March 13,
2012, the EAB issued an order denying review of the petition. See In re
Peabody Western Coal Company, CAA Appeal No. 11-01 (EAB March 13, 2012)
(Order Denying Petition for Review). The petition challenged, among
other things, NNEPA's use of tribal law in issuing the permit and
inclusion in the permit for conditions III(B), IV(C), IV(D), IV(E),
IV(G), IV(H), IV(I), IV(K), IV(L), and IV(Q) tribal law citations in
parallel with the federally enforceable 40 C.F.R. Part 71 requirements.
After the EAB's denial of review, Peabody filed a motion with the EAB
for reconsideration, which was denied on April 17, 2012. Pursuant to 40
C.F.R. 71.11(l)(5) and 124.19(f)(1), final agency action by EPA has
occurred because agency review procedures before the EAB have been
exhausted and NNEPA has issued a final permit decision.
Dated: August 8, 2012.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2012-20654 Filed 8-21-12; 8:45 am]
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