ENVIRONMENTAL PROTECTION AGENCY
Notice of Approval of Title V Operating Permit for Peabody Western Coal Company (Navajo Nation EPA No. NN-OP 08-010)
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 athttp://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.
Director, Air Division, Region IX.