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

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Chapter 5 Table 5-1 DEIS Comments and Responses Commenter Comment Comment/Response pollutant subject to regulation under the Federal Act, that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons under common control. The proposed 168 coal gas drainage wells which will spew pollution fora 12 year period clearly constitute a "building, structure, facility, or installation, or any combination thereof," clearly belong to the same industrial grouping, clearly will emit air pollutants regulated under the Clean Air Act, and are clearly located on one or more contiguous or adjacent properties that are owned and operated by the same persons or persons under common control. The failure to analyze and assess the type and amount of regulated air pollutants that will be released from the drainage wells clearly indicates the USFS has failed to ensure compliance with the Clean Air Act and the Colorado SIP. Finally, the failure to analyze and assess the coal gas emissions from the proposed drainage simply violates NEPA's "hard look" requirement. As explained, the USFS has failed to adequately analyze and assess the air quality impacts of the proposed coal gas drainage, thereby failing to ensure compliance with applicable clean air laws and regulations. The DEIS is therefore insufficient under NEPA. RESPONSE: It is estimated that only 6 to 8 methane drainage wells will be operating at any given time during the span of the project using mobile exhausters for a duration, at any given well, estimated at less than 3 years. This, according to Colorado permitting standards, is therefore not a stationary source (as it is mobile) subject to the stationary source list which applies to certain categories of facilities none of which include "coal mines". In fact, methane drainage has been occurring for approximately 6 years at the West Elk Mine in quantities nearly double the estimated value for this coal wain under the same Colorado air permit where the regulated emissions apply only to fugitive dust under Regulation 1 (5 CCR 1001-3). Additional information on MCC's permitting is provided in the FEIS (Chapter 3 Air Quality Section). USGS reference used by Rocky Mountain Clean Air Action applies to "coal bed gas" also known as coalbed methane which involves directly drilling into unworked coal and coal measures strata to release the methane adsorbed to the coal. The methane referred to in this document is "coal mine methane" which gas is released due to the relaxation of pressure and fracturing of the strata during coal mining activity. However, additional identified compounds (VOCs) were added to air quality analysis (Chapter 3, Air Quality) which already included a discussion of VOCs from MDW vents and from vehicular emissions. There was no claim in the DEIS that "NAAQS" for "ozone" would be "protected". The EIS states ozone is a "criteria pollutant" and that "ambient air quality standards must not be exceeded in areas where the general public has access" and "would not exceed any established air quality standards" (DEIS/FEIS, Chapter 3, Air Quality Section). Rocky Mountain 4 West Elk Mine Permit Concerns i 186 Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells FEIS