2013-08-26_PERMIT FILE - C2010089A (2)

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Western Fuels- Colorado, A Limited Liability Company Colorado Department of Public Health and Environment Permit No. 10M02275F Air Pollution Control Division Initial Approval Topsoil and overburden operations in Section B, as shown on the Attachment A, may be begun while overburden and coal removal from Section A are being performed. The topsoil and overburden removal limits of Section A shall not be exceeded during this time. Topsoil haul and overburden haul shall not occur concurrently. COMPLIANCE TESTING AND SAMPLING: Initial Testina Requirements 9. Topsoil haul roads soil moisture testing shall be performed as Described in the EPA AP -42 Chapter 13.2.2, or comparable testing such as calcium carbide pressure testing or moisture probe testing (following Division approval of such alternative techniques). A test protocol must be prepared in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. The moisture ratio shall be maintained at the value required to establish 95% control as indicated on Figure 13.2.2 -2. "Watering control effectiveness for unpaved travel surfaces" of that chapter. Records of testing and watering shall be maintained and made available for inspection upon request. Such tests shall be performed at least once per quarter. (Reference: Regulation 1, Part III D) 10. On site coal haul roads soil moisture testing shall be performed as Described in the EPA AP -42 Chapter 13.2.2, or comparable testing such as calcium carbide pressure testing or moisture probe testing (following Division approval of such alternative techniques). A test protocol must be prepared in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. The moisture ratio shall be maintained at the value required to establish 95% control as indicated on Figure 13.2.2 -2. "Watering control effectiveness for unpaved travel surfaces" of that chapter. Records of testing and watering shall be maintained and made available for inspection upon request. Such tests shall be performed at least once per quarter. (Reference: Regulation 1, Part III D) If records indicate that the soil moisture ratio is maintainable by specific numbers of water applications then testing may be removed, by request, from the Final Approval permit. Record keeping of the application rates shall be maintained by the operator and made available for review upon request. Requirements for watering may be subject to adjustment for precipitation, freezing conditions and other weather variables as described in the PARTICULATE EMISSIONS CONTROL PLAN FOR MINING ACTIVITIES which is a part of this permit. ADDITIONAL REQUIREMENTS: 11. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year of a criteria pollutant, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For volatile organic compounds (VOC) and nitrogen oxides sources (NO,,) in ozone nonattainment areas emitting less than one hundred tons of VOC or NO. per year, a change in annual actual emissions of one (1) ton per year or more or five percent, whichever is greater, above the level reported on the last APEN; or For sources emitting 100 tons per year or more of a criteria pollutant, a change in annual actual emissions of five percent or fifty (50) tons per year or more, whichever is less, above the level reported on the last APEN submitted; or AIRS ID: 085/0036/003 Page 4 of 11