50686 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Notices 

Donald Sipe, PretiFlaherty (on behalf of 

American Forest and Paper 

Association) 

Richard Smead, Director, Navigant 

Consulting, Inc. (on behalf of 

America’s Natural Gas Alliance) 

Andrew Soto, Senior Managing Counsel, 

American Gas Association 

[FR Doc. 2012–20596 Filed 8–21–12; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0390; FRL–9358–2] 

Pesticide Products; Receipt of 

Applications To Register New Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces receipt 

of applications to register new uses for 

pesticide products containing currently 

registered active ingredients, pursuant 

to the provisions of section 3(c) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

EPA is publishing this Notice of such 

applications, pursuant to section 3(c)(4) 

of FIFRA. 

DATES: Comments must be received on 

or before September 21, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0390 by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: A 

contact person is listed at the end of 

each registration application summary 

and may be contacted by telephone or 

email. The mailing address for each 

contact person listed is Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

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