Coronado Global Resources Inc. Form 10-K December 31,
2024
32
green
hydrogen.
The
new
rules
may
require
significant
capital
expenditure
to
develop
the
infrastructure
necessary for compliance and could impact our customers
and future demand for coal.
There have
also been
numerous challenges
to the
permitting of
new coal-fired
power plants
by environmental
organizations and state regulators for
concerns related to GHG emissions.
For instance, various state regulatory
authorities have rejected the construction of new coal-fueled power plants based
on the uncertainty surrounding
the potential costs associated with GHG emissions under future laws.
In addition, several permits issued to new
coal-fueled power plants without GHG emission
limits have been appealed to the EPA's
Environmental Appeals
Board.
A federal appeals court allowed a
lawsuit pursuing federal common law claims
to proceed against certain
utilities on the basis that they may
have created a public nuisance due to
their emissions of carbon dioxide, while
a
second
federal
appeals
court
dismissed
a
similar
case
on
procedural
grounds.
The
U.S.
Supreme
Court
overturned that
decision in
June 2011,
holding that
federal common
law provides
no basis
for public
nuisance
claims against utilities due to their carbon dioxide emissions.
The U.S. Supreme Court did not, however, decide
whether similar claims
can be brought under
state common law.
As a result,
tort-type liabilities remain a
concern.
To
the extent
that
these risks
affect
our current
and prospective
customers,
they
may reduce
the
demand
for
coal-fired power, and may
affect long-term demand for coal.
The EPA
promulgated a regional
haze program designed
to protect and
to improve visibility
at
and around Class I Areas, which are generally national parks, national wilderness areas and international parks.
This program
may restrict
the construction
of
new
coal-fired
power
plants,
the
operation
of
which
may
impair
visibility
at
and
around
the
Class
I
Areas.
Additionally,
the
program
requires
certain
existing
coal-fired
power
plants
to install
additional
control measures
designed
to limit
haze-causing
emissions,
such
as SO2,
nitrogen
oxide and PM. On August 30, 2022, the EPA issued a final action finding that 15 states had failed to
submit SIPs
by the
July 31,
2021 deadline.
Such failure
triggers a
two year
deadline for
the EPA
to promulgate
a Federal
Implementation
Plan
unless
the
states
submit
and
the
EPA
approves
a
SIP
that
meets
the
applicable
requirements.
If states adopt SIPs with more stringent requirements,
demand for coal could be affected.
New Source
Review,
or NSR.
Pursuant to
NSR regulations,
stationary sources
of air
pollution must
obtain an
NSR permit prior to beginning
construction of a new
“major” source of emissions
or a “major” modification
of an
existing major source.
If a project
is determined to
trigger NSR, Prevention of
Significant Deterioration regulations
require the project to implement Best
Available Control Technology
and/or Non-Attainment New Source Review
Lowest Achievable Emission Rate control technology.
Beginning in the late 1990s, the EPA filed lawsuits against owners of many
coal-fired power plants in the eastern
U.S. alleging that
the owners performed
non-routine maintenance, causing increased emissions
that should have
triggered
the
application
of
these NSR
standards.
Some of
these
lawsuits
have
been settled
with
the
owners
agreeing to
install additional
emission control
devices in
their coal-fired
power plants.
In recent
years, the
EPA
proposed and promulgated several revisions to its
NSR regulations and policies concerning NSR permitting.
For
example,
in
2023,
the
EPA
issued
a rule
that
would
require
additional
sources
to
consider
fugitive
emissions
when determining if
NSR has been
triggered. Remaining litigation and
uncertainty around the NSR
program rules
could impact demand for coal.
Coke Oven Batteries and Coke Ovens.
Coke Oven Batteries and Coke Ovens: Pushing, Quenching, and Battery
Stacks are two source categories
regulated by the CAA. On
July 5, 2024, the EPA
finalized amendments to the
emissions standards for Coke Ovens which lower the limits for leaks from doors, lids,
and offtakes, require fence
line monitoring
for benzene
and impose
new emissions
standards
for previously
unregulated
HAPs within
the
category such as hydrogen
chloride, hydrogen fluoride,
and mercury.
These standards may
impact our current
and prospective customers and reduce long-term demand for
coal.
Clean Water Act of 1972
The U.S. Clean Water Act of 1972, or the CWA,
and corresponding state law governs the discharge of toxic and
non-toxic pollutants into
the waters
of the
U.S. CWA requirements
may directly
or indirectly
affect U.S. coal
mining
operations.
The CWA and corresponding state laws affect coal mining operations by imposing restrictions
on discharges of
wastewater into waters of
the U.S. through
the National Pollutant
Discharge Elimination System,
or
NPDES,
or
an
equally
stringent
program
delegated
to
a
state
agency.
The
EPA
and
states
may
develop
standards and
limitations for
certain pollutants,
including through
the technology-based
standard program
and
water
quality
standard
program.
These
restrictions
often
require
us
to
pre-treat
the
wastewater
prior
to
discharging it. NPDES permits
require regular monitoring, reporting and
compliance with effluent limitations. New
requirements
under the
CWA
and corresponding
state laws
may cause
us to
incur significant
additional
costs
that could adversely affect our operating results.