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• Under Condition C.1 of Arch Coal's state -issued mining permit for the West Elk mine <br />(dated July 31, 2011), the company "agrees to be bound by all lawful requirements of the <br />Colorado Surface Coal Mining Reclamation act (C.R.S. 34-33-101 et seq.) ("the Act"), <br />all lawful rules and regulations thereunder, as amended from time to time, and all <br />provisions of [the] permit." MLRB Rules, which were promulgated under CO SCMRA, <br />explicitly state that, "Each person who conducts surface coal mining and reclamation <br />operations [] shall conduct such operations in such a manner so as to comply with all <br />applicable State and Federal air quality statutes and regulations." MLRB Rules, Section <br />4.17. Because Arch Coal is violating applicable state and federal air quality laws and <br />regulations requiring the company to report and obtain permits for its VOC emissions, the <br />company is violating MLRB Rules, Section 4.17 and in turn violating Condition C.1. <br />• Under Condition C.3 of Arch Coal's state -issued mining permit, the company, "shall <br />dispose of solids, sludge, filter backwash, or pollutants removed in the course of <br />treatment or control of waters or emissions to the air in the manner required by Rule 4 <br />and which prevents violation of any other applicable State or Federal law." This <br />Condition indicates that when air pollutants are removed in the course of treating or <br />controlling air emissions, that they must be disposed of in a manner that prevents <br />violations of applicable state or federal laws. The process of venting methane constitutes <br />a practice that involves controlling and disposing of air pollutants. Consequently, the <br />practice must be undertaken in a manner that prevents violations of applicable state or <br />federal law. Given that Arch Coal is falling to report VOC emissions and obtain proper <br />permits pursuant to state and federal clean air laws and regulations when conducting <br />methane venting operations, the company is therefore violating Condition C.3. <br />• Under Condition C.8 of Arch Coal's state -issued mining permit, the company "shall <br />conduct all surface coal mining and reclamation activities only as described in the <br />approved application[.]" According to MLRB Rules, all permit applications must <br />"contain a description of the steps to be taken, including copies of permits or permit <br />applications, if any, to comply with other applicable State or Federal air quality laws or <br />regulations." MLRB Rules, Section 2.05.6(1)(b). Given that Arch Coal is failing to <br />report its VOC emissions and obtain proper permits pursuant to state and federal clean air <br />laws and regulations, the company is clearly not adhering to any "steps to be taken" set <br />forth in its permit application to ensure compliance with state and federal clean air laws <br />and regulations. Consequently, Arch Coal is violating Condition C.B. <br />• Under Condition C.9 of Arch Coal's state -issued mining permit, the company "shall <br />comply with the terms and conditions of this permit, all applicable performance standards <br />of the Act, and the requirements of these Rules." As explained above, Arch Coal is <br />violating MLRB Rules, Section 4.17, and therefore is also violating Condition C.9. <br />Under SMCRA and CO SCMRA, operators must comply with the conditions of their mining <br />permits. See 30 U.S.C. § 1271 and C.R.S. 34-33-123; see also 30 C.F.R. § 773.17(c) and MLRB <br />Rules, Section 2.07.7(8). Accordingly, DRMS and OSMRE must conduct an inspection and take <br />enforcement action based on the aforementioned permit violations. <br />15 <br />