2008-06-09_PERMIT FILE - C1980007 ‎(6)‎

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 6/9/2008
• Doc Name: Exhibit 79 Part 2
• Section_Exhibit Name: Exhibit 80 Drilling Activities - TR111
• Media Type: D
• Archive: No

to Comments
•

Table 5-1
DEIS Comments and Responses
Commenter Comment Comment/Response

impacts of the proposed coal gas drainage.
Furthermore, the USFS cannot possibly claim that air quality, such as
National Ambient Air Quality Standards ("NAAQS") for ozone, will be
protected as a result of the proposed 12-year gas drainage, as it does on page
39 of the DEIS. All indications are that VOCs, which are ozone precursors,
will spew forth from the project area for 12 years. Before awell-informed,
legally compliant decision can be made, the USFS must analyze and assess
the composition of the gas proposed for drainage and analyze and assess to
what degree VOC emissions will actually affect ambient ozone concentrations
to ensure protection of clean air. The DEIS fails to perform such an analysis
and assessment.
The failure to analyze and assess the VOC emissions from the proposed coal
gas drainage also calls into question the USFS' s assertion that regulations
governing hazardous air pollutant emissions will be followed. Most VOCs are
listed as hazardous air pollutants under section 112 of the Clean Air Act and
regulated as such under U.S. Environmental Protection Agency ("USEPA")
regulations at 40 CFR Part 63. See, 42 USC § 4212(b). Any stationary source
of air pollution releasing 10 tons per year or more of any single hazardous air
pollutant, or 25 tons/year or more of any combination of hazardous air
pollutants, is subject to regulation. See, 42 USC § 4212(c). With no analysis
of potential hazardous air pollutant emissions, the USFS camiot possibly
conclude that these Clean Air Act requirements will be met.
The failure to analyze and assess the potential air pollutant emissions from the
proposed coal gas drainage is also problematic in that it calls into question the
USFS's assertion that the proposed 12-year gas drainage is not subject to
Colorado reporting and permitting requirements.
Under Colorado federally approved state implementation plan ("SIP"), any
stationary source of air pollution that emits 2 tons/year or more of VOCs must
submit an Air Pollutant Emission Notice. See, 5 CCR 1001-5, Part A, Section
II.D.I.a. Further, any stationary source of air pollution that emits 10 tons/year
or more of any criteria air pollutant is subject construction permitting
requirements. See, 5 CCR 1001-5, Part B, Section ILD.l.c.(iii)(B). On top of
that, any stationary source of air pollution that emits 250 tons/year or more of
any criteria air pollutant must obtain a Prevention of Significant Deterioration
("PSD") permit and any source that emits 100 tons/year or snore of any
criteria air pollutant must obtain an operating permit. See, 5 CCR 1001-5, Part
D, Section LA.1 and 5 CCR 1001-5, Part D, Section ILA.1.
Once again, the failure of the USFS to analyze and assess the amount of
regulated air pollution, namely VOCs, that will be released by the 168 wells
that will be operating over a 12-year period clearly shows the USFS has failed
to ensure compliance with Colorado air quality regulations, contrary to the
agency's assertion on page 39 of the DEIS. Indeed, the 168 wells will
constitute a single stationary source, which is defined under Colorado
regulations at 5 CCR 1001-5, Part A, Section LB.41 as:
Any building, structure, facility, or installation, or any combination thereof,
belonging to the same industrial grou ing, that emits or may emit any air
Deer Creek Ventilation Shaft and E Seain Methane Drainage Wells FEIS 185