ALASKA CALIFORNIA FLORIDA MID-PACIFIC NORTHEAST NORTHERN ROCKIES
NORTHWEST ROCKY MOUNTAIN WASHINGTON, DC INTERNATIONAL

1400 GLENARM PLACE, SUITE 300 DENVER, CO 80202-5050 T: 303.623.9466 F: 303.623.8083 E: rmoffice@earthjustice.org W: www.earthjustice.org 

### June 16, 2010

Hon. Lisa P. Jackson, Administrator United States Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, NW, Mail Code 1101A Washington, DC 20460 Email: Jackson.Lisap@epa.gov


## Petition for Rulemaking Under the Clean Air Act to List Coal Mines as a Source Category and to Regulate Methane and Other Harmful Air Emissions from Coal Mining Facilities Under Section 111

Dear Administrator Jackson:

Earthjustice, on behalf of W ildEarth Guardians, Center for Biological Diversity, the Environmental Integrity Project, and Sierra Club (collectively, “Petitioners”), hereby petitions you and the U.S. Environmental Protection Agency (“EPA”), pursuant to the Administrative Procedure Act and the Clean Air Act, to exercise your authorities under Section 111 of the Clean Air Act and: (1) list coal mines as a category of stationary sources that emit air pollution which may reasonably be anticipated to endanger public health or welfare; (2) establish federal standards of performance for new and modified s ources within the newly lis ted stationary source category for coal mines; and (3) establish federa l standards of performance to address methane emissions from existing sources within the newl y listed stationary source category for coal mines.

INTRODUCTION

This petition asks EPA to discharge its dut y to confront and control the adverse air quality impacts of coal mines in the United Stat es. As will be explained in this petition, air pollution from coal mining activities poses myri ad negative impacts to pu blic health and the environment. It is undisputed that coal mines re lease air pollution that causes or contributes to the endangerment of public health and welfare. This petition seeks to spur the development of cost-effective controls to reduce harmful air emissions from coal mining, in particular controls to reduce or eliminate methane, a potent greenhouse gas, to both spur economic development and confront the effects of global warming.

Global warming is one of the largest threat s to the public’s well- being and one of the most pressing environmental challenges of our time. This challenge stems from the excessive, human-caused release of heat-trapping greenhouse ga ses. To this end, the EPA has found that six specific greenhouse gases togeth er, “endanger public health and the public welfare of current_____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 2 June 16, 2010 

### and future generations.” 1 

### The EPA has noted “the case for finding that greenhouse gases in the atmosphere endanger public health and welf are is compelling and, indeed, overwhelming.” 2 

### Concentrations of greenhouse gases 3 

### are increasing in the Earth’s atmosphere at a rate far faster than in pre-industrial history, 4 

### trapping solar energy that would otherwise be radiated back into
space. 5 

### This anthropogenic phenomenon is having profound impacts on the health and welfare of people worldwide through: rise s in global temperatures, more extreme weather events, severe flooding and droughts, the spread of infectious di seases, and the extincti on of numerous species. 6



### While much of the current discussion about greenhouse gas regulation has centered around carbon dioxide, methane is a harmful greenhouse gas that continues to be emitted into the atmosphere at an alarming rate. One of the larg est sources of methane is coal mining. Methane is not only a potent greenhouse gas, it is a major health and safety risk.

Along with methane, coal mining also releas es a number of othe r pollutants that are known to endanger public health and welfare. Fo rtunately, technology is cu rrently available to significantly reduce, or even eliminate methane and other harmful emissions from coal mining
processes.
Therefore, pursuant to the Administrativ e Procedure Act, 5 U.S.C. § 553(e), and the Clean Air Act, 42 U.S.C. §§ 7411 and 7607, Petitione rs file this Petition for Rulemaking and respectfully request that you undert ake the following mandatory duties:

(1) List coal mines as a category of stati onary sources that emit air pollution which may reasonably be anticipated to “endanger public health or welfare” in accordance with 42 U.S.C. § 7411(b)(1)(A);

(2) Establish federal “standards of performan ce” for new and modified sources within the newly listed stationary source category for coal mines in accordance with 42 U.S.C. § 7411(b)(1)(B); and

1 U.S. EPA, E NDANGERMENT AND C AUSE OR C ONTRIBUTE F INDINGS FOR G REENHOUSE G ASES U NDER S ECTION 202( A ) OF THE C LEAN A IR A CT , 74 Fed. Reg. 66496, 66496 (December 15 , 2009) (hereafter “Final Endangerment Finding”).

2 U.S. EPA, P ROPOSED E NDANGERMENT AND C AUSE OR C ONTRIBUTE F INDINGS FOR G REENHOUSE G ASES U NDER S ECTION 202( A ) OF THE C LEAN A IR A CT , 74 Fed. Reg. 18886, 18904 (April 24, 2009) (hereafter “Proposed Endangerment Finding”).

3 “Greenhouse gases” are atmospheric gases responsible for causing global warming. See supra note 1 at 66497 (specifically determining that “six long-lived and directly-emitted greenhouse gases,” including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride, pose an endangerment to public health and welfare).

4 Methane’s atmospheric concentration has “tripled since pre-industrial times.” P. Bousquet, et al

., Contribution of Anthropogenic and Natural Sources to Atmospheric Methane Variability , 443:28 N ATURE 439, 439 (Sept. 2006).

5 Supra note 1 at 66499.

6 Id . at 66517-66521; see U.S. G LOBAL C HANGE R ESEARCH P ROGRAM , G LOBAL C LIMATE C HANGE I MPACTS IN THE U NITED S TATES 9 (2009), available at http://downloads.globalchange.gov/usimpacts/pdfs/climate-impactsreport.pdf ) (last viewed June 15, 2009), attached as Exh. 1 (stating that, “[o]bservations show that warming of the climate is unequivocal. The global warming observed over the past 50 years is due primarily to human-induced emissions of heat-trapping gases.”)._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 3 June 16, 2010 

### (3) Concurrently establish federal “standard s of performance” to address emissions of methane from existing facilities within the newly listed stationary source category for coal mines in accordance with 42 U.S.C. § 7411(d)(1) and 40 C.F.R. § 60.22.

Petitioners hereby request a substantive re sponse to this petition within one hundred eighty (180) calendar days. Give n the urgent threats to public health and welfare posed by global climate change, we request that prompt consideration be gi ven to this petition.

BACKGROUND

I. P ETITIONERS



### WildEarth Guardians is a Santa Fe, New Mexico-based nonprofit organization with offices in Denver, Phoenix, and Oakland. WildEa rth Guardians is dedicated to protecting and restoring the wildlife, wild places, and wild rive rs of the American West, and to safeguarding the Earth’s climate. WildEarth Guar dians has members throughout the American West that are, and will continue to be, affected by global climat e change. WildEarth Guardians and its members work to reduce harmful air pollution to safeguard public health, welfare, and the environment.

The Center for Biological Diversity works th rough science, law, and creative media to secure a future for all species, great or small, hovering on the brink of ex tinction. The Center’s Climate Law Institute develops and implements legal campaigns to limit global warming and other air pollution. The Center has over 225,000 members and online activists with a vital interest in the immediate reduc tion of greenhouse gas pollution under the Clean Air Act as one of the primary solutions to the climate crisis.

The Environmental Integrity Project combin es research, reporting, media outreach, and the litigation to ensure that e nvironmental laws are enforced, are effective, and inform and empower the public.

The Sierra Club is a national nonprofit or ganization of approximately 1.3 million members and supporters dedicated to exploring, enjoying, and prot ecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Sierra Club’s concerns encompass air pollution, climate change , and human health impacts from coal mines.

II. S TATUTORY 

### A UTHORITY


### The Administrator has the authority under the Clean Air Act to control greenhouse gas emissions and other harmful air pollutants through her authority to list stationary sources and establish federal standards of performance.

A. The Administrator has the authority to list coal mining facilities as a stationary source.

The Clean Air Act provides the Administrator with the authority to list new categories of stationary sources if they cau se, or contribute significantly to, “ai r pollution which may_____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 4 June 16, 2010 

### reasonably be anticipated to endanger public heal th or welfare.” 42 U.S.C. § 7411(b)(1)(A). The Administrator is statutoril y required to continually revi se the published list by adding new stationary sources. Id . The Clean Air Act defines “Sta tionary Source” as “any building, structure, facility or installation which emits or may emit any air pollutant.” 42 U.S.C. § 7411(a)(3). An “Air Pollutant” is defined as “any air pollution agent or combination of such agents, including any physical, ch emical, biological, radioactive ... substance or matter which is emitted into or otherwise enters th e ambient air.” 42 U.S.C. § 7602(g).

B. The Administrator has a duty to establish federal “standards of performance” for new and modifi ed coal mining facilities.

Once coal mining facilities are listed as a st ationary source, the Clean Air Act requires that the Administrator establish federal “sta ndards of performance” for new and modified sources, within one year of the listing. 42 U.S. C. § 7411(b)(1)(B). These proposed regulations will be subject to a written comment period and the Administrator will promulgate final regulations for new and modified coal mining facilities no more than a year later. Id . “Standard of performance” is defined as “a standard for emissions of air pollutants which reflects the degree of emission limitation achie vable through the application of the best system of emission reduction which ... the Administrator determines ha s been adequately demonstrated.” 42 U.S.C. § 7411(a)(1).

C. The Administrator has a duty to establish federal “standards of performance” for existing coal mining facilities.

Concurrent with establishing “standards of performance” for new a nd modified sources, the Clean Air Act also requires the Administrato r to establish “standards of performance” for existing sources, otherwise known as “designated f acilities.” Such “standards of performance” are only to address a “designated pol lutant,” or an air pollutant for which air quality criteria have not been established pursuant to Section 108 of th e Clean Air Act, that is emitted from a facility not listed as a source category li sted under Section 112 of the Cl ean Air Act, and that would otherwise be regulated under Section 111 of the Cl ean Air Act if an existing source were a new source. 42 U.S.C. § 7411(d)(1)(A)(i) and (ii); 40 C.F.R. § 60.21(a). “Standards of performance” for existing sources are to be implemented and enforced by States, and must be based on an “emission guideline” published by the Administra tor in accordance with 40 C.F.R. § 60.22. An “emission guideline” must reflect “the applica tion of the best system of emission reduction (considering the cost of such reduction) that ha s been adequately demonstrated for designated facilities, and the time within which complia nce with emission standards of equivalent stringency can be achieved.” 40 C.F.R. § 60.22(b)(5). A State must adopt and submit to the Administrator a plan for the control of “desi gnated pollutants” from “designated facilities” within nine months of the Administrator’s public ation of final emission guidelines. 40 C.F.R. § 60.23(a)._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 5 June 16, 2010 

### III. F ACTUAL 

### B ACKGROUND


### A. Global climate change and effects of greenhouse gases

The science determining that greenhouse gase s are contributing to global climate change is conclusive and well established. The EPA’ s Final Endangerment Finding explicitly states, “[t]he scientific evidence is compelling that el evated concentrations of heat-trapping gases are the root cause of recently observed climate change.” 7 

### The EPA based the Endangerment Finding on scientific assessments prepared and presen ted by the Intergovernmental Panel on Climate Change’s (“IPCC”), the U.S. Global Climate Re search Program (“USGCRP”), and the National Research Council (“NRC”), which the EPA explains “are recent and represent the current state of knowledge on the key elements for the endangerment analysis.” 8 

### As the EPA is aware, the IPCC’s most recent assessment report indicates that global climate change is more than imminent; it is happening now. 9



### The EPA’s Final Endangerment Finding was spurred by the U.S. Supreme Court’s ruling in Massachusetts v. E.P.A. , in which the Court acknowledged that “[t]he harms associated with climate change are serious and well recognized .... [including] a precipitat e rise in sea levels, severe and irreversible changes to natural ecosystems, a significan t reduction in winter snowpack with direct and important economic consequences, and increases in the spr ead of disease and the ferocity of weather events.” Massachusetts v. E.P.A ., 549 U.S. 497, 499 (2007). This decision not only bolsters the EPA’s Final Endangerment Findi ng, but indicates the agency is obligated to act now to regulate greenhouse gases in all sectors in an effort to curb climate change as “the effects will only worsen over time in the absence of regulatory action.” 10



### B. Methane

First and foremost, methane is a safety haza rd and known public health risk. As the EPA has stated, methane can create “an explosive hazard to coal miners.” 11 

### The EPA has even taken steps to regulate methane under the NSPS in reco gnition of the fact that “methane emissions present a well-documented danger of fire and explosion on-s ite and off-site[.]” 12

7 Supra note 1, at 66518.

8 Id . at 66511.

9 IPCC, C LIMATE C HANGE 2007: S YNTHESIS R EPORT , S UMMARY FOR P OLICYMAKER (Feb. 2007) at 5, available at http://www.ipcc.ch/pdf/assessment -report/ar4/syr/ar4_syr_spm.pdf (last visited June 15, 2010), attached as Exh. 2

.
10 Supra note 2, at 18904.

11 U.S. EPA, Coalbed Methane Outreach Program: Basic Information

, http://www.epa.gov/cmop/basic.html#methane (last visited June 15, 2010) (for example, explaining that methane is an explosive gas and concentrations of methane must be kept below 1% for safety reasons; noting explosive nature of gas).

12 U.S. EPA, S TANDARDS OF P ERFORMANCE FOR N EW S TATIONARY S OURCES AND G UIDELINES FOR C ONTROL OF E XISTING S OURCES : M UNICIPAL S OLID W ASTE L ANDFILLS ; F INAL R ULE AND G UIDELINE , 61 Fed. Reg. 9905-9944 (March 12, 1996) at 9906._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 6 June 16, 2010 

### However, methane is also an important gr eenhouse gas. Methane is the second most emitted greenhouse gas, after carbon dioxide, and is more than twenty times more potent than carbon dioxide in terms of its heat trapping capabilities. 13 

### In 2004, methane accounted for 14.3% of the total anthropogenic greenhouse gas emission load. 14 

### Since pre-industrial times, methane has contributed to 22.9% of the greenhouse gas load in the Earth’s atmosphere. 15 

### Methane is “more abundant in the Earth’s atmosphere now th an it has been at any time during the past 400,000 years,” and the average atmo spheric concentration of meth ane has increased 150% since 1750. 16 

### High concentrations of methane are “t he unambiguous result of human activities.” 17



### Because of methane’s potency as a greenhouse gas, EPA has concluded that out of all the non-carbon dioxide greenhouse gases, methane “has the greatest mitigation potential.” 18 

### This is also in part because methane has a significantl y short atmospheric lifespan compared to the lifespan of carbon dioxide. 19 

### Thus, reducing methane emissions could have a greater effect in the short term to mitigate potential climate change harms.

In addition, methane also contributes to th e formation of ground- level ozone pollution, a harmful air pollutant that is also the key ingredient of smog. Ozone is designated a “criteria air pollutant” pursuant to Section 108 of the Cl ean Air Act and National Ambient Air Quality Standards (“NAAQS”) have been promulgate d to limit ozone throughout the United States pursuant to Section 109 of the Cl ean Air Act, 42 U.S.C. § 7409. 20 

### According to the EPA, ozone “can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases,” and can increase “the risk of premature death from heart or lung disease.” 21 

### In part due to global increases in methane emissions, background ozone concentrations have “roughly doubl ed since preindustrial times.” 22 

### Recent studies have

13 U.S. EPA, Methane: Science

, http://www.epa.gov/methane/scientific.html (last visited June 15, 2010). The IPCC has actually determined that methane has a global warming potential 72 times higher than carbon dioxide over a 20 year time period and 25 times over a 100 year period. See supra note 9.

14 Supra note 9 at 5.

15 U.S. EPA, Climate Change – Climate Economics

, http://www.epa.gov/climatechange/economics/international.html (last visited June 15, 2010).

16 U.S. E NVIRONMENTAL P ROTECTION A GENCY : O FFICE OF A TMOSPHERIC P ROGRAMS , G LOBAL M ITIGATION OF N ON -CO 2 G REENHOUSE G ASES (2006) at I-3, available at http://www.epa.gov/climatechange/economics/d ownloads/GlobalMitigationFullReport.pdf (last viewed June 15, 2010) (hereafter “Global Mitigation Report”).

17 Supra note 1 at 66517.

18 Supra note 16 at 1-21.

19 Supra note 6 at 23 (stating that “[r]educing emissions of some shorter-lived greenhouse gases, such as methane, and some types of particles, such as soot, would begin to reduce the warming influence within weeks to decades.”).

20 See 40 C.F.R § 50.10.

21 U.S. EPA, “Fact Sheet: Proposal to Revise the Na tional Ambient Air Quality Standards for Ozone” (2010), available at http://www.epa.gov/air/ozonepollution/pdfs/fs20100106std.pdf (last viewed June 15, 2010).

22 See West, J., et al ., “Global health benefits of mitigating ozone pollution with methane emission controls,” Proceedings of the National Academy of Sciences of the United States of America , 103 (Mar. 14, 2006) at 3988, attached as Exh. 3

._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 7 June 16, 2010 

### recommended reducing methane to reduce global background ozone levels and better protect public health. 23



### C. Coal mines and coal mine methane

The coal mining industry is one of the larg est emitters of methane in the United States, accounting for more than 10% of human methane emissions. 24 

### Methane is a byproduct of coalification, or the process by which organic materials convert into coal. 25 

### It is stored throughout the surrounding rock strata in vary ing sized pockets and, due to the greater overburden pressures, often increases in concentration the deeper the coal seam. 26 

### Because methane can create hazardous working conditi ons for miners, it must be removed from underground mines. 27 

### While methane escapes during the pr ocessing, transport, and storage of coal, 90% of the emissions 28 

### come from the actual coal mining process. 29 

### Methane is emitted from all three categories of coal mines: surface mines, underground mines, and abandoned mines. 30 

### The United States is the second largest emitter of coal mine methane, after China, with 10.5% of our total methane emissions coming from coal mines. 31 

### This ongoing problem is further intensified by new coal mines opening ea ch year. In 2003 alone, four new gassy mines opened and began emitting methane into the atmosphere. 32

23 Id

.
24 The total inventory includes methane emissi ons from active and abandoned coal mines. See U.S. EPA, I NVENTORY OF U.S. G REENHOUSE G AS E MISSIONS AND S INKS : 1990-2007 (2009) at 3-36, available at http://www.epa.gov/climatechange/emissions/downloads09/GHG2007entire_report-508.pdf (last viewed June 15, 2010).

25 Supra note 16 at II-1.

26 Id

.
27 Supra note 11.

28 “An underground mine is where coal is produced by tunneling into the earth to the coalbed, which is then mined with equipment such as cutting machines and continuous, long wall, and shortfall mining machines. Underground mines are classified according to the type of opening used to reach the coal, i.e ., drift (level tunnel), slope (inclined tunnel), or shaft (vertical tunnel). In contrast, surface mine s are mines that are usually within a few hundred feet of the surface. Earth and rock above or around the coal (overbur den) is removed to expose the coalbed, which is then mined with surface excavation equipment such as draglines, power shovels, bulldozers, load ers, and augers. Surface mines include: area, contour, open-p it, strip, and auger mines.” U.S. E NVIRONMENTAL P ROTECTION A GENCY : O FFICE OF A IR AND R ADIATION , T ECHNICAL S UPPORT D OCUMENT FOR U NDERGROUND C OAL M INES : P ROPOSED R ULE FOR M ANDATORY R EPORTING OF G REENHOUSE G ASES 3 (2009), available at http://www.epa.gov/climatechange/emissions/downloads/tsd/TSD%20Coal%20Mining%2002%2004%2009_1.pdf (last viewed June 15, 2010).

29 Id .; supra note 11.

30 U.S. E NVIRONMENTAL P ROTECTION A GENCY , C OAL M INING , U.S. M ETHANE E MISSIONS 1990

– 2020: I NVENTORIES , P ROJECTIONS , AND O PPORTUNITIES FOR R EDUCTIONS (1999) at 4-2, available at http://www.epa.gov/methane/reports/04-coal.pdf (last viewed June 15, 2010). For the purposes of this petition, any reference to “coal mining” activities or op erations refers to any activity or operation that falls under major Standard Industrial Classification (“SIC”) code 12, or coal mining, whether related to active or abandoned mining operations.

31 As compared to worldwide total of 6%. Id. at 2-17.

32 Id . at 1-15._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 8 June 16, 2010 

### 1. Underground coal mines

Underground mines are used to extract coal from deep within the ground. Within the coal mining sector, underground mines emit the larg est portion of methane into the atmosphere. 33 

### According to the EPA, active underground mine s produce 61% of all coal mine methane emissions. 34 

### The EPA also estimates that in 2007, active underground coal mines emitted 28.01% of the methane emissions from the United States energy sector. 35 

### The total emissions from active coal mines was estimated to be 2,744,000 metric tons of methane annually and an additional 273,000 metric tons of methan e from abandoned underground coal mines. 36 

### Despite an industry-wide shift away from underground mining and toward surface mining, twenty of the top fifty producing U.S. Co al Mines are still underground. 37 

### Of these, the largest emitting underground coal mines emit up to 72,000,000 cubic feet of methane per day, or over 506,985 metric tons annually, showing what an enormous difference one gassy mine can make for total methane emissions. 38



### The EPA has already concluded that r ecovering methane from coal mines would significantly reduce the amount of greenhouse gase s emitted into the atmosphere because every ton of methane recovered is equa l to approximately more than twenty tons of carbon dioxide emissions. 39 

### Yet even with the shift away from underground mining, these mines still emit a larger portion of methane than su rface mines. In 2006, only 31% of the coal mined in the United States came from underground mines, but thes e mines generated over 60% of coal mining methane emissions. 40



### The two types of systems the U.S. undergr ound coal mines currently use to accomplish methane removal are ventilation systems and degasification systems. 41 

### Ventilation systems exchange air in the mine with air at the surface to dilute the concentra tions of methane. The methane is allowed to passively enter the atmo sphere once it reaches th e surface of the mine. 42

33 Supra note 28.

34 Id.

35 Supra note 24, at 3-2

36 Id

.
37 Mines that produce 4 million short tons or more of co al are considered “major mi nes.” These twenty major underground coal mines are located in Colorado, Illinois, Kentucky, Ohio, Pennsylvania, New Mexico, Utah, and West Virginia. D EPARTMENT OF E NERGY

– E NERGY I NFORMATION A DMINISTRATION , A NNUAL C OAL R EPORT 2007, 23 (2009), available at http://tonto.eia.doe.gov/FTPROOT/coal/05842007.pdf

, attached as Exh. 4.

38 U.S. E NVIRONMENTAL P ROTECTION A GENCY , I DENTIFYING O PPORTUNITIES FOR M ETHANE R ECOVERY AT U.S. C OAL M INES : P ROFILES OF S ELECTED G ASSY U NDERGROUND C OAL M INES 2002-2006 at 5-11 (2008), available at http://www.epa.gov/coalbed/docs/profiles_2008_final.pdf (last viewed June 15, 2010).

39 Id. at 2-17.

40 Id

.
41 Id.

42 Id._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 9 June 16, 2010 

### In mines that do not recover methane, over 40% of their total methane em issions comes directly from drainage vents. 43



### Sometimes a basic ventilation system is t oo inefficient to remove larger amounts of methane from a mine so degasification systems, or drainage systems, are installed. These systems use wells to vent methane prio r to, or during the mining of a seam. 44 

### All of the 120 gassy underground coal mines in the United States utilize a ventilation sy stem to keep methane levels at a safe concentration, and 20 of th ese mines also employ degasification systems. 45



### While methane is a danger in coal mines, it can, if captured, be a valuable commodity: natural gas. To date, underground mines have the most potential to genera te a profitable amount of methane for natural gas. 46 

### Mines that have adopted a “methane to markets” program as promoted by the EPA have been successful at methane capture and sale because research has been developing for over three decades to create the best technologies, coals seams in the United States contain a higher concentra tion of methane, and the market for natural gas in the United States has remained strong. 47 

### However, many mines still vent methane into the atmosphere without any attempt to ca pture or combust the gas. 48



### 2. Surface coal mines

For coal seams located closer to the su rface, mining companies employ surface mining techniques like strip mining and mountain-top removal. 49 

### The shallower the coal seam, the less overburden and pressure there is to keep methane in the seam. Shallower seams thus tend to have lower concentrations of methane. 50 

### Methane escapes into the surface as the overburden is removed to expose the coal. 51 

### In 1997, the EPA estimated that, even though surface mines accounted for over 61% of the coal production in the United States, they only accounted for 14% of coal mine methane emissions. 52 

### More recent data shows that emissions from surface mines account for 22% of coal mine fugitive emissions. 53

43 Id

.
44 Id.

45 Supra note 24 at 3-33.

46 K.H. Schultz Climate Mitigation Works Limited and C. C. Talkington, U.S. Environmental Protection Agency, Evolution of US Markets for Coal Mine Methane , (2003), available at http://www.coalinfo.net.cn/coalbed/meeting/2203/papers/coal-mining/CM057.pdf (last viewed June 15, 2010).

47 Id.

48 Supra note 38 at 5-12.

49 Supra note 30 at 4-2.

50 Id.

51 Id.

52 Id

.
53 Supra note 28 at 5._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 10 June 16, 2010 

### 3. Post-mined and underground abandoned coal mines

Even after coal extraction from an undergr ound mine ceases, that mine still actively emits methane into the atmosphere. These emissions ca n be significant. The EPA has estimated that abandoned underground coal mines can emit 8% of the total coal mine methane emissions and post mining operations emit as much as 22%. 54 

### Because these mines were once active underground mines, the same technologies as t hose applies to active mi nes can be used, postmining, to extract methane. 55 

### The EPA has reported that there are several thousand abandoned coal mines throughout the United States and as ma ny as 400 that are considered to be “gassy.” 56



### D. Coal mines and other pollutants

In addition to methane, coal mines also em it other constituents th at cause or contribute significantly to air pollution and that may reasonably be anticipa ted to endanger public health and welfare.

 Particulate matter : Particulate matter, including total suspended particulates, PM 10 

### , and PM 2.5 

### , is released by coal mining operations. Part iculate matter is a criteria pollutant for which NAAQS have been established pursuant to Section 109 of the Clean Air Act, 42 U.S.C. § 7409. 57 

### According to EPA’s AP-42 compe ndium of emission factors, coal mining activities that can lead to the release of particulate matter, at least in the western United States, include blasting, truck load ing, bulldozing, dragline operation, vehicle traffic, grading, and storage piles. 58 

### Recent environmental analyses prepared by the U.S. Bureau of Land Management (“BLM”) and U.S. Forest Service (“USFS”) attest to the fact that coal mining operations—both underg round and surface—can release significant amounts of particulate matter. 59 

### In some cases, particulate matter from coal mining has

54 Supra note 28.

55 Id. at 7.

56 Id

.
57 See 40 C.F.R. §§ 50.6, 50.7, and 50.13.

58 U.S. EPA, AP-42 C OMPILATION OF A IR P OLLUTANT E MISSION F ACTORS , V OLUME I: S TATIONARY P OINT AND A REA S OURCES , Fifth Edition (1995) at 11.9, available at http://www.epa.gov/ttn/chief/ap42/ch11/final/c11s09.pdf (last viewed June 15, 2010).

59 See e.g. , BLM, D RAFT E NVIRONMENTAL I MPACT S TATEMENT FOR THE W RIGHT A REA C OAL L EASE A PPLICATIONS , Wyoming Bureau of Land Management at 3-38—3-64 (June 2009), available at www.blm.gov/pgdata/etc/medialib/blm/wy/information/NEPA/hpdo/Wright-Coal.Par.74001.File.dat/DEIS.pdf (last viewed June 15, 2010), excerpt attached as Exh. 5 (disclosing PM 10 impacts from proposed coal leases and associated surface mining activities); BLM, F INAL E NVIRONMENTAL I MPACT S TATEMENT P IT 14 C OAL L EASE BY A PPLICATION , Wyoming Bureau of Land Management at 125 (2007), available at www.blm.gov/pgdata/etc/medialib/blm/wy/information/NEPA/rsfodocs/pit14/feis.Par.47265.File.dat/00feis.pdf

, attached as Exh. 6 (disclosing the following sources of PM 10 emissions: primary crusher, secondary crusher, train loadout, belt transfer, pit 8 truck dump, main stockpile, pit 10 haul road, pit 10 production, pit 11 haul road, pit 11 production, pit 14 haul road, pit 14 production, pit 3 reclamation, pit 8 reclamation, pit 8 stockpile, service road, disturbed acres); and USFS, F INAL E NVIRONMENTAL I MPACT S TATEMENT D EER CREEK S HAFT AND E S EAM M ETHANE D RAINAGE W ELLS P ROJECT , Grand Mesa, Uncompahgre, Gunnison National Forest at 59 (August 2007),_____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 11 June 16, 2010 

### caused or contributed to exceedances of the PM 10 

### NAAQS. For instance, the BLM reports that “[f]rom 2001 thr ough 2006, there were a total of nine exceedances of the 24- hour PM 10 

### particulate standards associated with the Black Thunder, Jacobs Ranch, and North Antelope Rochelle mines” in Wyom ing’s Powder River Basin and “[i]n 2007, a total of three 24-hour PM 10 

### exceedances were reported at these three mines (two at North Antelope Rochelle, [and] one at Black Thunder.” 60



### The EPA has recognized that monitoring data and modeling data for the Powder River Basin “suggests potentia lly significant project-specific and cumulative PM 10 

### impacts caused by existing or future development.” 61 

### The EPA has also pointed out that recent modeling prepared in the Powder River Basin “projects exceedances of both PM 10 

### and PM 2.5 

### for both annual and 24-hour NAAQS in Wyoming in 2015.” 62



### The EPA itself has recognized a need for more rigorous control of PM 2.5 

### and PM 10 

### from coal mining operations, particularly in th e Powder River Basin. In comments on the Draft Environmental Impact Statement fo r the proposed Wright Area Coal Lease Applications in the Powder River Basin of Wyoming, the agency urged the BLM to “add additional mitigation measures to reduce fugitive dust emissions.” 63 

### The EPA has called on the BLM to analyze “more effective dust control measures” in the Powder River Basin and to “detail mitigation and monitoring meas ures that will be undertaken to minimize exposure to particulates” with regards to coal mining in the Powder River Basin. 64



###  Volatile organic compounds : Volatile organic compounds (“VOCs”), including nonmethane organic compounds, are often vented along with methane, from coal mining operations. For example, the EPA noted that a recently proposed coal mine in western Colorado, the Red Cliff mine, would vent methan e that “may have lo w concentrations of nonmethane organic compounds.” 65 

### The EPA noted that “given the high methane emission rates associated with the mine, the NMOC [non-methane organic compound]

attached as Exh. 7 (disclosing that PM 10 and PM 2.5 emissions would come from equipment used during construction and operation of maintenance roads, methane drai nage wells, and ventilation/escapeway shaft).

60 Exh 5, D RAFT E NVIRONMENTAL I MPACT S TATEMENT FOR THE W RIGHT A REA C OAL L EASE A PPLICATIONS at 3-39.

61 U.S. EPA, Comments on Draft Environmental Impact Statem ent for West Antelope II Coal Lease Application at page 1 (April 22, 2008), available at http://yosemite.epa.gov/oeca/webe is.nsf/(PDFView)/ 20080038/$file /20080038.PDF?OpenElement

, attached as Exh. 8.

62 U.S. EPA, Comments on South Gillette Area Coal Lease Applications Draft Environmental Impact Statement, cover letter at page 2 (December 19, 2008), available at http://yosemite.epa.gov/oeca/webe is.nsf/(PDFView)/ 20080426/$file /20080426.PDF?OpenElement

, attached as Exh. 9.

63 U.S. EPA, Comments on Draft EIS for Wright Area Coal L ease Applications at page 1 (September 10, 2009), attached as Exh. 10.

64 Supra . note 62.

65 U.S. EPA, Comments on Proposed Red Cliff Mine Project at 3 (March 31, 2009), available at http://yosemite.epa.gov/oeca/webe is.nsf/(PDFView)/ 20090005/$file /20090005.PDF?OpenElement

, attached as Exh. 11._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 12 June 16, 2010 

### emission rates may be considerable.” 66 

### VOCs are precursors to ground-level ozone, a criteria air pollutant for which NAAQS have been established, a nd are regulated under the Clean Air Act. 67



### The EPA’s own national emission inventory show s that coal mines can be large sources of VOC emissions. According to 2002 i nventory data, coal mining operations, or activities falling under th e major SIC code of 12, released more than 1,790 tons of VOCs in the United States. See Table below.

66 Id

.
67 See 40 C.F.R. § 51.100(s)._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 13 June 16, 2010 

### Coal mine VOC emissions in the U.S. 68



### Emissions (tons/year) Facility Name County State
2.86 East Gulf Prep Plant - Left Fork Proces Raleigh Co WV 4.1 Thunder Basin Coal_Black Thunder Campbell Co WY 4.48 Transalta Centralia Mining Llc Lewis Co WA 7.67 Pbs Coal Inc/Shade Creek Plt Somerset Co PA 12.4 Consolidation Coal Company-Robinson Run Harrison Co WV 12.7 A T Massey/Knox Creek Coal Corporation Tazewell Co VA 12.8 Island Creek Coal Company/Virg inia Pocah Buchanan Co VA

16 Blackwatch Coal Prep Plant #3 Buchanan Co VA 17.9 Consol Coal Co/Robena Prep Plt Greene Co PA 22.7 Island Creek Coal Co-Virginia Pocahontas Buchanan Co VA

26 Pc Virginia Synthetic Fuel # 1 Llc Wise Co VA 26.4 Jewell Smokless Coal Corporation Buchanan Co VA 29.8 Consolidation Coal Co - Amonate McDowell Co WV 31.1 Keystone #2-Herndon Processing Company Wyoming Co WV 37.3 Second Sterling Corp - Keystone No 1 McDowell Co WV 40.8 Paramont Coal Company Virginia Wise Co VA 42.6 Dickenson-Russell Coal Co /Moss #3 Prep Russell Co VA 47.6 Dickenson-Russell Coal Co/Mcclure River Dickenson Co VA

53 Pigeon Creek Processing Llc Wise Co VA 57.1 Powell Mountain Coal Preparation Plant Lee Co VA 64.5 Paramont Coal Co Virginia Llc Wise Co VA 66.7 Pocahontas No 51 Preparation Plant Wyoming Co WV 68.5 Consol- Blacksville #2 Preparati on Plant Monongalia Co WV 92.7 Oak Grove Resources Llc Jefferson Co AL 111 Consolidation Coal Co - Buchanan Mine #1 Buchanan Co VA 134 U S Steel Mining Company Llc Wyoming Co WV 163 Consolidation Coal Co/Rend La ke Mine Jefferson Co IL 494 Consol Pa Coal Co/Bailey Prep Plt Greene Co PA



###  Nitrogen oxides : Nitrogen oxides (“NO x 

### ”) are a group of gases that are known to be ground-level ozone and PM 2.5 

### precursors and that incl ude nitrogen dioxide (“NO 2 

### ”), a criteria pollutant for which NAAQS have been established pursuant to Section 109 of the

68 This table includes all coal mines, or operations that fa ll under SIC code 12, that are reported to release at least 1 ton/year of VOCs. Data from EPA AirData website, http://iaspub.epa.gov/airsdata/adnet.ranking?geotype=us&geocode=usa&geoinfo=us~usa~United+States&pol=VOC &year=2002&fld=percent&fld=plt_name&fld=addr&fld=co unty&fld=state&fld=sic&rpp=500&page=2&sort=a7&f
mt= (last visited June 15, 2010). It should be noted that reporting of VOC emissions appears inconsistent at best. This may be due to the fact that EPA has not yet develo ped guidance or policy setting forth procedures or protocol for inventorying and reporting VOC emissions from coal mining._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 14 June 16, 2010 

### Clean Air Act. 69 

### The BLM has noted that NO 2 

### “may cause significant toxicity because of its ability to form nitric acid with water in the eye, lung, mucous membranes, and skin,” that acute exposure to NO 2 

### “may cause death by damaging the pulmonary system,” and that “chronic or repeated exposur e to lower concentrations of NO 2 

### may exacerbate preexisting respiratory conditions, or increase the incidence of respiratory infections.” 70 

### Sources of NO x 

### at coal mines include fugitive emissions from overburden and coal blasting events and tailpipe emissions fr om mining equipment, and point source emissions from stationary engines, coal-fired hot water generators, and natural-gas fired heaters. 71 

### The formation of nitrogen dioxide, or NO 2 

### , from blasting operations can be especially threatening to public health. As the BLM explains:

Blasting that is done to assi st in the removal of materi al overlying the coal (the overburden) can result in emissions of several products, including NO 2 

### , as a result of the incomplete combustion of nitrogen- based explosives used in the blasting process. When this occurs, gaseous, or ange-colored clouds may be formed and they can drift or be blown off mine permit areas. 72



### Orange nitrogen dioxide cl ouds produced by mining operatio ns can often be observed and operators often warn the public of the potential for orange clouds in the Powder River Basin. See images on the following page.

NO x 

### and NO 2 

### emissions from coal mining can be significant. For example, the BLM projects NO 2 

### emissions from coal mining operations related to pending lease proposals in northeastern Wyoming to be as high as 4,743 tons/year by 2017 at the Black Thunder Mine, 1,450 tons/year by 2013 at the Jacobs Ranch Mine, and 2,988 tons/year by 2015 at the North Antelope Rochelle Mine. 73 

### The EPA has commented that the NO 2 

### emission rates from the Black Thunder Mine “alone ar e very high and may contribute to visibility impairment and ozone formation.” 74



### The EPA has recognized that NO x 

### emissions from coal mining operations are a major heath concern. In comments on the South Gille tte Area Coal Lease Applications in the Powder River Basin of northeastern Wyoming, the agency explained:

EPA is...concerned about the proximity of the mining operation to homes and school bus stops. Children may be especially susceptible to the health effects of

69 See U.S. EPA, P RIMARY N ATIONAL A MBIENT A IR Q UALITY S TANDARDS FOR N ITROGEN D IOXIDE , F INAL R ULE (Feb. 9, 2010), available at http://www.epa.gov/ttnnaaqs/standards/nox/fr/20100209.pdf (last viewed June 15, 2010).

70 Supra . note 59, D RAFT E NVIRONMENTAL I MPACT S TATEMENT FOR THE W RIGHT A REA C OAL L EASE A PPLICATIONS at 3-65.

71 See e.g.

, supra note 59, D RAFT E NVIRONMENTAL I MPACT S TATEMENT FOR THE W RIGHT A REA C OAL L EASE A PPLICATIONS at 3-66.

72 Id . at 3-65.

73 Id . at 3-70, 3-71, and 3-73.

74 Supra . note 63 at 1-2._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 15 June 16, 2010 

### Warning sign posted on portion of Thunder Basin National Grassland, an area open to public access, north of State Highway 450 near the Jacobs Ranch Mine in the Powder River Basin, Campbell County, Wyoming. 75

75 Picture taken April 11, 2010 by Jeremy Nichols._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 16 June 16, 2010 

### Orange nitrogen dioxide cloud produced by blasting at the Jacobs Ranch Mine on April 11, 2010 in the Powder River Basin, Campbell County, Wyoming. 76

76 Picture taken April 11, 2010 by Jeremy Nichols._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 17 June 16, 2010 

### Sign warning of emissions from blasting posted off County Road 37 near Antelope Coal Mine in the Powder River Basin, Converse County, Wyoming. 77

77 Picture taken April 11, 2010 by Jeremy Nichols._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 18 June 16, 2010 

### Sign explicitly warning of “orange cloud” from blasting posted on south side of State Highway 450 near Black Thunder Mine in the Powder River Basin, Campbell County, Wyoming. 78

78 Picture taken April 11, 2010 by Jeremy Nichols._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 19 June 16, 2010 

### NO 2 

### and fine particulates. Children ha ve greater exposure to air pollution because of their faster breathing rate s and the amount of time spent playing outdoors. Particulates and NO 2 

### can aggravate asthma, irritate airways, and cause coughing and breathing difficulties. 79



### The EPA has recognized that NO x 

### emissions from coal mining operations are a major heath concern. In comments on the South Gillette Area Coal Lease Applications in the Powder River Basin of northeastern Wyoming, the agency explained:

EPA is ... concerned about the proximity of the mining operation to homes and school bus stops. Children may be especially susceptible to the health effects of NO 2 

### and fine particulates. Children ha ve greater exposure to air pollution because of their faster breathing rate s and the amount of time spent playing outdoors. Particulates and NO 2 

### can aggravate asthma, irritate airways, and cause coughing and breathing difficulties. 80



### The agency called on the BLM to “detail mitigat ion and monitoring measures that will be undertaken to minimize exposur e to particulates and NO 2 

### for children waiting at bus stops near the mining areas.” 81



### As is clear, the coal mining sector is res ponsible for releasing a number of air pollutants in addition to methane that cause or contribute significantly to air pollution that may reasonably be anticipated to endanger publ ic health and welfare.

THE ADMINISTRATOR’S DUTIES UNDER THE CLEAN AIR ACT

I. T HE 

### A DMINISTRATOR 

### H AS A 

### D UTY TO 

### L IST 

### C OAL 

### M INES AS A 

### S TATIONARY 

### S OURCE 

### C ATEGORY



### . The Administrator has a duty to list new stationary sour ce categories under Section 111 of the Clean Air Act. The Clean Air Act states that the Administrator is required to “publish (and from time to time thereafter shall revise) a list of categories of stationary sources.” 42 U.S.C. § 7411(b)(1)(A). She is required to in clude any source that “causes, or contributes significantly to, air pollution whic h may reasonably be anticipated to endanger public health or welfare.” 42 U.S.C. § 7411(b)(1)(A).

Coal mines, including underground, surface, and abandoned mines, fit within the Clean Air Act’s Section 111 definition of “stationary so urce.” A “stationary source” is defined as “any building, structure, facility, or installation which emits or may emit any air pollutant.” 42 U.S.C.

79 Supra note 62 cover letter at 2.

80 Supra note 62 cover letter at 2.

81 Id

._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 20 June 16, 2010 

### § 7411(a)(3). 82 

### Coal mines may include drift tunnels, slope tunnels, shaft tunnels, area surface mines, contour surface mines, open-pit surface mines, strip surface mines, and auger surface mines, all of which constitute st ructures, facilities, or installati ons. Such mines may also include, but are not limited to, buildings, structures, faciliti es, or installations such as ventilation shafts, storage piles, crushers, roads, generators, engi nes, heaters, methane drainage wells, loadout operations, dragline operations, be lt transfer operations, blasti ng operations, and reclamation activities. 83



### EPA recognized coal mines as a significant source of greenhouse gas emissions in its 2009 proposed reporting rule, pursuant to recent Appropriations Acts. See Proposed Rule, Mandatory Reporting of Greenhouse Gases , 74 Fed. Reg. 16,448, 16,553 (Apr. 10, 2009) (proposing to add 40 C.F.R. pt. 98, subpt. FF). Although EPA only proposed to cover underground mines, environmental groups submitted comments demonstrating the need and importance to require reporting for surface mines and abandoned mines also. As a result of comments filed, EPA has not yet finalized the re porting rule for coal mines, in October 2009, and it is still considering the appropriate wa y to require reporting from this sector. See Final Rule, Mandatory Reporting of Greenhouse Gases , 74 Fed. Reg. 56,260, 56,333 (Oct. 30, 2009).

Coal mines have also received stationary source permits under the Clean Air Act from states. For instance, in 2009 the Colorado Depart ment of Public Health and Environment, Air Pollution Control Division issued a permit to CAM Colorado, LLC for “surface facilities supporting underground mining of coal” at the proposed Red Cliff Mine in Mesa County, Colorado and to New Elk Coal Company, LLC for “mine ventilation exhaust fans” at the New Elk Mine in Las Animas County, Colorado. 84 

### To this end, coal mine s are a stationary source subject to regulation under Sect ion 111 of the Clean Air Act.

In addition, underground, surface, and abandoned coal mines emit or may emit air pollutants. Section 302 of the Clean Air Act defines “air pollutant” generally as “any air pollution agent or combination of such agents , including any physical, chemical, biological, radioactive ... substance or matter which is emitted in to or otherwise enters the ambient air.” 42 U.S.C. § 7602(g). The EPA has long regul ated particulate matter, including PM 10 

### and PM 2.5 

### , VOCs, including all VOCs regulated under 40 C.F.R. § 51.100(s), and NO x 

### , as air pollutants. Methane also fits the definition of air pollutant because it is a gas that is emitted into the air when it is released from coal se ams buried deep in the earth. I ndeed, the Supreme Court has held that greenhouse gases, like methane, fit the Clean Air Act’s “sweepi ng definition of ‘air pollutant.’” 85 

### The EPA not only agreed with the S upreme Court in its Final Endangerment Finding, stating that “[g]reenhouse gases fit well within this capacious definition.... They are

82 The Clean Air Act also defines a stationary source as “any source of an air pollutant except those emissions resulting directly from an internal co mbustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in section 216.” 42 U.S.C. § 7602(z).

83 See e.g., supra note 58 (noting stationary sources of PM 10 at surface mines in the western United States).

84 See Colorado Department of Public Health and Environment, Air Pollution Control Division, Construction Permit No. 08ME0506F (Nov. 2008), attached as Exh. 12 ; Colorado Department of Public Health and Environment, Air Pollution Control Division, Construction Permit No. 09LA0590 (Aug. 20, 2009), attached as Exh. 13.

85 Massachusetts v. EPA , 549 U.S. 497, 528 (2007)._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 21 June 16, 2010 

### ‘without a doubt’ physical chemical subs tances emitted into the ambient air,” 86 

### but in the past has also decided to establish em ission standards for methane as an air pollutant under the Clean Air Act. 87



### Finally, underground, surface, and abandoned coal mines cause, or contribute significantly to, air pollution whic h may reasonably be anticipated to endanger public health or welfare. We note that the Administrator has stat ed that the listing of a stationary source category under Section 111(b)(1)(A) “requi res only a general determination that emissions from the category cause or contribute to air pollution that may endanger public health or welfare.” 88 

### In this case, whether the EPA considers the im pacts of methane, particulate matter, NO x 

### , or VOCs, it is clear that emissions from the category cause or contribute to air pol lution that may endanger public health or welfare.

As documented in this petition, underground, surface, and abandoned coal mines release methane, a health and safety hazard, a poten t greenhouse gas and ozone precursor that, when released into the atmosphere, the EPA has declared “may reasonably be anticipated both to endanger public health and to endanger public welfare.” 89 

### Additionally, coal mines are likely to release particulate matter, which, by its very classification as a criteria pollutant pursuant to Section 108 of the Clean Air Act, is recognized by the EPA to “cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.” 90 

### Indeed, as documented in this petition, coal mines may cause or contribute to particulate matter air pollution in such quantities as to exceed the NAAQS. 91 

### Similarly, coal mines are likely to release NO x 

### , which includes NO 2 

### , and VOCs, which are consider ed ozone precursors. Like particulate matter, both NO 2 

### and ozone are also criteria pollu tants that the EPA has concluded “cause or contribute to air pollution which ma y reasonably be anticipated to endanger public health or welfare.”

II. T HE 

### A DMINISTRATOR 

### H AS A 

### D UTY TO 

### E STABLISH 

### F EDERAL 

### “S TANDARDS OF 

### P ERFORMANCE 

### ” FOR 

### N EW AND 

### M ODIFIED 

### C OAL 

### M INES



### . Once the Administrator has properly listed coal mines as a category of stationary sources, the Clean Air Act requires that the Administra tor “publish proposed regulations, establishing Federal standards of performance for new s ources within such category.” 42 U.S.C. § 7411(b)(1)(B). The Clean Air Act defines “s tandard of performance” as “a standard for emission of air pollutants whic h reflects the degree of emissi on limitation achievable through the application of the best system of emi ssion reduction....” 42 U.S. C. § 7441(a)(1).

86 Supra note 1 at 66510 (citing Massachusetts v. EPA , at 529, 532).

87 Supra note 12.

88 U.S. EPA, S TANDARDS OF P ERFORMANCE FOR C OAL P REPARATION AND P ROCESSING P LANTS ; F INAL R ULE , 74 Fed. Reg. 51950, 51957 (October 8, 2009).

89 Supra note 1 at 66497.

90 See 42 U.S.C. § 7408(a)(1)(A).

91 Supra note 59._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 22 June 16, 2010 

### In this case, there are a number of system s of emission reductions to address methane emissions from coal mines. It is currently tec hnologically feasible for the EPA to require that methane be captured or flared from coal mine s instead of allowing me thane to be released directly into the atmosphere. 92 

### Many mines have already take n steps toward capturing methane emissions for economic reasons. 93 

### The EPA listed twenty-three mines with methane drainage and recovery systems within the range of 3% - 88% efficiency in Alabama, Colorado, Pennsylvania, Virginia, and West Virginia. 94 

### Of these twenty-three mi nes, twelve sell recovered methane for natural gas energy use and two mines use the methane to heat mine ventilation air and to generate onsite power. 95 

### The EPA has estimated that if just the largest gassy underground mines captured and recovered all of their me thane, the United States could keep 173,700 – 540,400 metric tons of methane out of the atmosphe re each year (the equivalent of at least 3,647,700 – 11,348,400 metric tons of carbon dioxide). 96 

### Flaring is also an option if capture is not technologically feasible. A lthough flaring occurs at a sma ll number of mines in the United States, 97 

### there is a long and safe history of flari ng at working coal mines in the United Kingdom and Australia. Active mine flaring has been con ducted in at least the following working coal mines: the United Colliery mine in Australia; 98 

### and in at least five UK Coal collieries. 99 

### At a conference sponsored by EPA in St. Louis in September 2007, evidence was presented that methane flaring at working coal mines was “state of the art,” and that flaring to dispose of vented methane at coal mines was “[s]imple, low cost an d reliable to operate” wi th “[l]ow maintenance requirements.” 100 

### Coal mine methane could also be used to generate electric ity on-site, or could be frozen as LNG and transported by truck to markets at other locations.

Overall, the EPA estimates that nearly 50% of all of U.S. coal mine methane emissions, or more than 1.25 million tons of methane, can be reduced at a zero net cost, while nearly 90% can be reduced at a co st of less than $15/ton. 101 

### However, factoring in the health benefits of reducing methane as an ozone precursor, the bene fit of reducing methane could be as much as $240/ton of methane reduced. 102

92 See e.g. supra notes 30 and 38.

93 Supra note 38 at 1-4.

94 Id

.
95 Id . at 1-4 and 3-6.

96 Id . at 1-4 - 1-5.

97 See

, e.g. , J. Liebert, Extracting Value from Coal Mine Me thane, Coal Age (June 2009) at 6 (describing “an enclosed incineration system to destroy the gob [methane] gas extracted” from an underground coal mine in Wyoming), available online at http://www.verdeogroup.com/documents/pdf-coal-age-0609.pdf (last viewed June 15, 2010).

98 See U.S. EPA, Coal Methane Outreach Project, 2006 International News (last updated Mar. 28, 2008), attached as Exh. 14.

99 See United Kingdom’s Coal Authority, Coal Mine Methane Activity Within The UK, Coal Mine Methane Operators Activities, attached as Exh. 15.

100 See Harworth Power Ltd., CMM Flaring PowerPoint (Sep. 2007) at 6-26, attached as Exh. 16.

101 Supra note 16 at II-10.

102 Supra note 22._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 23 June 16, 2010 

### Similarly, there are a number of systems to address emissions of other harmful air pollutants from coal mines. Some examples of particulate matter emission control measures currently in use include, but are not limited to:

 Storing coal in enclosed coal silos or barns;

 Paving coal mine access roads;

 Watering or treating with dust s uppressant any unpaved roads;

 Enclosing conveyor transfer points;

 The use of dust collection baghous es or other controls to re duce emissions from transfer points and crushers with in processing plants;

 Fitting out-of-pit conveyors with hoods or otherwise containing emissions;

 Fitting out-of-pit dump hoppers with wate r sprays, a baghouse, or other controls;

 Treating haul roads with dust control chemicals or water;

 Watering short-term haul roads; and

 Regularly maintaining haul road s to reduce dust re-entrainment. 103



### With regards to NO 2 

### , mines have reduced emissions by as much as 75% “through the use of borehole liners and changing th eir blasting agent blends.” 104 

### The EPA has also commented that other mitigation measures may be effective at reducing NO 2 

### , including reduced blast sizes, changed composition of explosive agents, a nd changed placement of blasting agents. 105 

### Finally, any efforts to address methane will most likely al so address VOC emissions due to the fact that VOCs and methane are often releas ed together from coal mines. 106



### We request that, concurrent with listing coal mines as a source category in accordance with Section 111 of the Clean Air Act, the Admi nistrator propose standa rds of performance for the source category pursuant to 42 U.S.C. § 7411(b)(1)(B).

III. T HE 

### A DMINISTRATOR 

### H AS A 

### D UTY TO 

### E STABLISH 

### F EDERAL 

### “S TANDARDS OF 

### P ERFORMANCE 

### ” FOR 

### M ETHANE 

### E MISSIONS FROM 

### E XISTING 

### C OAL 

### M INES



### . Concurrent with promulgating standards of performance for new and modified coal mines, the Clean Air Act requires the Administra tor to establish standa rds of performance for

103 Supra note 59, D RAFT E NVIRONMENTAL I MPACT S TATEMENT FOR THE W RIGHT A REA C OAL L EASE A PPLICATIONS at 3-60, 3-63.

104 Id . at 3-75.

105 Supra note 63 at 2.

106 See e.g.

, supra note 16 at III-8._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 24 June 16, 2010 

### existing coal mines for any designated pollutant. 42 U.S.C. § 7411(d)(1). In accordance with 40 C.F.R. § 60.21(a), methane would constitute a designated pollutant when released from existing coal mines. Not only have air quality criteria not been established for methane, but coal mines are not listed as a source category under Sect ion 112 of the Clean Air Act and methane would otherwise be regulated under Section 111 if existing coal mines were new coal mines.

Accordingly, concurrent with promulga ting standards of performance for new and modified coal mines, the Administrator has a duty to publish a guidance document setting forth an emission guideline “reflecting the applica tion of the best system of emission reduction (considering the cost of such reduction) that ha s been adequately demonstrated for designated facilities, and the time within which complia nce with emission standards of equivalent stringency can be achieved” to ensure methane emissions from existing coal mines are controlled through State plans.

As explained, there are a number of system s of emission reductions to address methane emissions from coal mines, including existing mine s. Concurrent with listing coal mines as a source category and with establishing standard s of performance for new and modified coal mines, we therefore request the Administrator publish emission guidelines to ensure States develop plans to control methane emissions fr om existing coal mines pursuant to 42 U.S.C. § 7411(d)(1) and 40 C.F.R. § 60.22.

CONCLUSION

Each day that the coal mining industry’s emissions of methane and other harmful air pollutants go unregulated, these pollutants ar e emitted without appropriate, readily-available safeguards under the Clean Air Act. The EP A’s recent endangerment finding highlights the urgency of regulating greenhouse gases by explaining that this issue is:

not a close case in which the magnitude of the harm is small and probability, great, or the magnitude large and the pr obability small. In both magnitude and probability, climate change is an enorm ous problem. The greenhouse gases that are responsible for it endanger public heal th and welfare with in the meaning of the Clean Air Act. 107



### Furthermore, the Administrator clearly has a dut y to take steps to limit emissions of other harmful air pollutants from coal mines, in cluding particulate matter, VOCs, and NO x 

### . Based on the foregoing, Petitioners re spectfully request that the EPA:

(1) List coal mines as a category of stati onary sources that emit air pollution which may reasonably be anticipated to “endanger public health or welfare” in accordance with 42 U.S.C. § 7411(b)(1)(A);

107 Supra note 2 at 18904._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 25 June 16, 2010 

### (2) Establish federal “standards of performan ce” for new and modified sources within the newly listed stationary source category for coal mines in accordance with 42 U.S.C. § 7411(b)(1)(B); and

(3) Concurrently establish federal “standard s of performance” to address emissions of methane from existing facilities within the newly listed stationary source category for coal mines in accordance with 42 U.S.C. § 7411(d)(1) and 40 C.F.R. § 60.22.

We look forward to your prompt reply, no late r than 180 days from today. If you have any questions about this petition, please cont act Ted Zukoski at Eart hjustice (303-996-9622).

Sincerely,

Edward B. Zukoski

Attorney for WildEarth Guardians, Center for Biological Diversity, Environmental Integrity Project, and Sierra Club

cc: Gina McCarthy, Assistant Admini strator for Air and Radiation, EPA Janet McCabe, Principal Deputy Assistan t Administrator, Office of Air and Radiation, EPA Drew McConville, Special Assistant to the Assistant Administrator for Air and Radiation, EPA Robert Verchick, Deputy Associate Administrator, Office of Policy, Economics, and Innovation, EPA Ellen Kurlansky, Policy Anal yst, Office of Air and Radiation, EPA Dina Kruger, Director, Climate Cha nge Division, Office of At mospheric Programs, EPA Dr. Pamela Franklin, Direct or, Coalbed Methane Outreach Program, EPA Jeremy Nichols, WildEarth Guardians Kassie R. Siegel, Center for Biological Diversity Eric V. Schaeffer, Environmental Integrity Project Aaron Isherwood, Sierra Club_____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 26 June 16, 2010 

### TABLE OF EXHIBITS

Exhibit 1. U.S. G LOBAL 

### C HANGE 

### R ESEARCH 

### P ROGRAM 

### , G LOBAL 

### C LIMATE 

### C HANGE 

### I MPACTS IN THE 

### U NITED 

### S TATES 

### 9 (2009).

Exhibit 2. IPCC, C LIMATE 

### C HANGE 

### 2007: S YNTHESIS 

### R EPORT 

### , S UMMARY FOR 

### P OLICYMAKER 

### (Feb. 2007).

Exhibit 3. West, J., et al ., “Global health benefits of mitigating ozone pollution with methane emission controls,” Proceedings of the National Academy of Sciences of the United States of America

.
Exhibit 4. D EPARTMENT OF 

### E NERGY



### – E NERGY 

### I NFORMATION 

### A DMINISTRATION 

### , A NNUAL 

### C OAL 

### R EPORT 

### 2007 (2009).

Exhibit 5. BLM, D RAFT 

### E NVIRONMENTAL 

### I MPACT 

### S TATEMENT FOR THE 

### W RIGHT 

### A REA 

### C OAL 

### L EASE 

### A PPLICATIONS 

### , Wyoming Bureau of Land Management (excerpts).

Exhibit 6. BLM, F INAL 

### E NVIRONMENTAL 

### I MPACT 

### S TATEMENT 

### P IT 

### 14 C OAL 

### L EASE BY 

### A PPLICATION 

### , Wyoming Bureau of Land Management (excerpts).

Exhibit 7. USFS, F INAL 

### E NVIRONMENTAL 

### I MPACT 

### S TATEMENT 

### D EER CREEK 

### S HAFT AND 

### E S EAM 

### M ETHANE 

### D RAINAGE 

### W ELLS 

### P ROJECT 

### , Grand Mesa, Uncompahgre, Gunnison National Forest (excerpts).

Exhibit 8. U.S. EPA, Comments on Dr aft Environmental Impact Statement for West Antelope II Co al Lease Application.

Exhibit 9. U.S. EPA, Comments on South Gillette Area Coal Lease Applications Draft Environmental Impact Statement.

Exhibit 10. U.S. EPA, Comments on Dr aft EIS for Wright Area Coal Lease Applications.

Exhibit 11. U.S. EPA, Comments on Proposed Red Cliff Mine Project.

Exhibit 12. Colorado Department of P ublic Health and Environment, Air Pollution Control Division, Construction Permit No. 08ME0506F (Nov. 2008).

Exhibit 13. Colorado Department of P ublic Health and Environment, Air Pollution Control Division, C onstruction Permit No. 09LA0590 (Aug. 20, 2009)._____________________________________________________________________________________________________________________ P ETITION TO R EGULATE M ETHANE AND O THER E MISSIONS FROM C OAL M INING F ACILITIES Page 27 June 16, 2010 

### Exhibit 14. U.S. EPA, Coal Methan e Outreach Project, 2006 International News.

Exhibit 15. United Kingdom’s Coal Aut hority, Coal Mine Methane Activity Within The UK, Coal Mine Methane Operators Activities.

Exhibit 16. Harworth Power Ltd., C MM Flaring PowerPoint (Sep. 2007).