Are Coal Mines Major Sources And Subject To Greenhouse Gas Limits?

Regulated  greenhouse gases are more than just carbon dioxide.  They also include methane, and coal mines can produce large quantities of methane as part of the coal removal process.  GHGs are measured in "carbon dioxide equivalents",  which are  multipliers that are applied to some gases to show their (supposed) greater global warming effect. For methane, the multiple is 25.

Major stationary sources of GHGs are required to be permitted under EPA's interpretation of the Clean Air Act.  Are coal mines major stationary sources?  The jury is still out.  Here is an analysis of the question  prepared by Anne Blankenship and me.  Anne did the lion's share of the work, and did the presentation at the Energy and Mineral Law Foundation, which is a great resource for those interested in  natural resources law in the East.

Cutting to the chase, here is what West Virginia nearby states were doing as of the time the paper was written, in June of 2012:

Many coal producing states have taken the position that for purposes of Title V applicability, coal mines will not be required to submit permit applications, as their emissions are fugitive and not required to be considered in determining major source status.  On June 5, 2012, the Chief of Ohio EPA’s Division of Air Pollution control sent a letter on behalf Ohio, Illinois, Indiana, Kentucky, Virginia, and West Virginia, explaining their determination that methane emissions from active underground mines are “fugitive emissions”.   These states relied upon EPA’s GHG reporting rule preamble that discussed the calculation of GHGs and characterized the emissions from ventilation air systems and degasification systems as fugitive.   Second, the states argued that emissions of methane from mines cannot reasonable be captured due to the nature of the safety reasons for the purpose of the ventilation system.   The letter also stated that the coal mine industry does not have a national standard for collection or control of methane emissions.    Further, the states noted, any Title V permit would be hollow or an “empty permit”  because the would not contain substantive requirements, since none exist for coal mines. 

The consensus of these states is that coal mining facilities should not be required to obtain Title V permits and that they would not require facilities in their state to submit a permit application.   The letter also included a sample letter that the states intend to send to facilities that request whether a permit is necessary.  It also addressed a May 22, 2012 email from EPA to the National Association of Clean Air Administrators, wherein EPA stated that methane emissions from underground coal mines should be considered point source emissions.   Finally, the states requested that EPA reconsider its position and offer a prompt response, since the deadline for filing Title V permit applications was July 1, 2012.   As of June 26, 2012, EPA had not responded to the letter, nor issued a formal written position.