Q686. What is the definition of facility as it relates to mines and coal mine methane energy plants?

A686. Per 40 CFR 98.6, the rule defines "facility" as “any physical property, plant, building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control, that emits or may emit any greenhouse gas”. In the case of an underground coal mine, if one entity owns and operates the mine and a completely separate entity owns and operates the coal mine methane energy equipment, and neither controls the other, they would be two separate facilities, because they would not have “common ownership or common control.”

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Source: Alexis McKitterick, 9/26/2012

Approval / Publishing History: Version 1

Expiration: none

Relevant Subparts:  Subpart FF
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