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Allowing the West Elk Mine to vent methane from MDWs for about 6 years will permit coal mining to continue to <br />occur in a timely and economical manner. The coal being produced from the West Elk Mine is a high quality <br />"compliant" coal, and is mazketable because it is high in BTU and low in ash, moisture, and sulfur. The primary <br />benefit to producing this low sulfur, high BTU coal is to mix it with high sulfur coal to create a blend of coal that <br />maximizes cost effective and enduonmentally acceptable energy production. The blend of high sulfur and low <br />sulfur coal produces lower sulfur emissions when combusted incoal-generated power plants. The Environmental <br />Protection Agency regulates sulfur emissions because, when sulfur mixes with gases in the atmosphere, sulfuric acid <br />is formed. Sulfuric acid contributes to acid rain. Recent changes in the Clean Air Act regulations regarding sulfur <br />emissions have restricted the marketability of coal with high sulfur content. Negative environmental effects from <br />venting the methane offsets the benefit of reduced emissions from burning the coal. It is not possible to quantify <br />these tradeoffs. <br />If the proposed MDWs were not approved and the West Elk Mine stopped producing coal, the substitution of West <br />Elk Mine coal in electric generation plants with coal of inferior quality would also result in negative economic <br />effect. Existing plants would require retooling to meet air quality standards if high quality coal were not available. <br />The dislocation of market and environmental effects that would occur if low quality coal were substituted far West <br />Elk Mine coal cannot be quantified. <br />Coal from West Elk Mine is currently sold to Southern Company (2.2 MM tons), Tennessee Valley Authority (2.0 I <br />MM tons), Oxbow Mining (1.5 MM tons), American Electric Power (0.6 MM tons) and a few other miscellaneous <br />customers (0.2 MM tons). The amounts shown are those projected for 2002 sales. Actua12002 production is <br />projected [o be less than this, as stockpiles will be reduced because of lower production rates associated with <br />methane in the mine. <br />Studies are currently underway to determine if the methane that will be vented from the MDWs could instead be <br />used for commercial omsite electrical generation or if it could be piped to a distribution facility for domestic or <br />industrial use. An interested company would need to acquire a federal oil and gas lease before this gas could be <br />produced and utilized for commercial purposes. A request for an oil and gas lease would be processed apart from <br />the project I have approved in this decision. <br />I have decided that the benefits of producing high quality coal from West Elk Mine [o be mixed and burned with <br />lower quality coal to reduce effects of air emissions from power plants outweigh the potential harm of contributing <br />to greenhouse gases by venting methane to the atmosphere. <br />VII. FINDINGS REQiJII2ED BY OTHER LAWS AND REGULATIONS <br />To the best of my knowledge, this decision complies with all applicable laws and regulations. In the following, I <br />have summarized the association of my decision to some pertinent legal requirements. <br />Clean Air Act of 1955: This Act requtred States to develop plans to implement, maintain, and enforce primary and <br />secondary ambient air quality standards for any air pollutants. Allowing the West Elk Mine to vent methane from <br />MDWs for approximately 6 years will permit coal mining to continue. The coal being produced from the West Elk <br />Mine is high in BTU and low in ash, moisture, and sulfur. The primary benefit to producing this low sulfur, high <br />BTU coal is to mix it with high sulfur coal to create a blend of coal that maximizes cost effective and <br />environmentally acceptable energy production. The blend of Mgh sulfur and low sulfur coal produces lower sulfur <br />emissions when combusted incoal-generated power plants. The Environmental Protection Agency regulates sulfur <br />emissions because, when sulfur mixes with gases in the atmosphere, sulfuric acid is formed. Sulfuric acid <br />contributes to acid rain. Recent changes in the Clean Air Act regulations regarding sulfur emissions have restricted <br />the marketability of lower cost coal with high sulfur content. <br />Surface Mininn Control and Reclamation Act of 1977: This Act designates certain areas as unsuitable for surface <br />coal mining. All federal lands within the boundaries of any National Forest are designated as unsuitable for surface <br />coal mining. However, surface coal mining maybe pernutted on National Forests if the Secretary of Agriculture <br />fmds [hat there are no significant recreational, timber, economic, or other values which may be incompatible with <br />such surface mining operations and such surface operatons aze incident to an underground coal mine. Surface coal <br />Final Version 5/31/02 Page 21 <br />