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Page 2 of 5 <br />9/11/2012 - Routine full compliance evaluations were scheduled and performed at the West Elk Mine and Oxbow mine, <br />where the inspector obtained on-site information regarding methane drainage systems. Based on information <br />available, each site's failure to report VOC emissions or obtain associated permits was identified in the inspection <br />report as violations. Preliminary estimates from the limited data available indicated Oxbow's 2011 VOC emissions were <br />as high as 486-500 tPv and MCC's 2011 VOC emissions were as high as 394-406 tpv. As the Division was in the process of <br />requesting, and hoped to obtain, more accurate VOC testing data from each mine, including these findings as violations <br />which were able to be acted upon was later requested to be revised, and included instead as an issue that the Division <br />would revisit with each source. <br />1/11/2013 - After contacting each affected mining company individually and providing information as to the request <br />that would be received, the Division issued a VOC information request pursuant to C.R.S. 25-7-111 on 1/11 /2013 to six <br />(6) active underground coal mines (Bowie #2, MCC's West Elk, Oxbow, GCC King II, Peabody's Twentymile, and Blue Mt <br />Energy's Deserado mine), requesting additional information and testing for possible VOC emissions. <br />Jan -Feb 2013 - Several of the affected mines began conversations with the Division regarding the testing needed to be <br />performed, and provided initial information on their ventilation/ methane venting systems in use. <br />2/21/2013 - The Division received correspondence from the Colorado Mining Association (CMA) noting several concerns <br />with the 1/11 /2013 information requests, and requesting a meeting with the Division. <br />3/19/2013 - The Division, CMA (represented by counsel), and several mining representatives met to discuss concerns <br />with the 1/11 /2013 information request letter. The Division recognized several minor points raised by the CMA, and <br />the Division committed to reissuing a revised information request with more specific language and revised deadlines. <br />4/18/2013 - The Division issued a revised information request, pursuant to C.R.S. 25-7-111, requesting VOC emissions <br />testing and ventilation information from the same six (6) underground coal mines as were included in the initial <br />1/11 /2013 request. <br />4/29/2013 - Bowie #2 submitted a draft testing protocol. The Division replied on 4/30/2013 that the protocol was <br />approved with the inclusion of minor comments. <br />5/1/2013 - GCC reported that testing had already been performed per the initial request on 1 /11 /2013, and requested <br />clarification on the need to retest since their results indicated VOC emissions below reporting thresholds. GCC is not <br />considered a 'gassy' mine, and indicated that they wanted to submit their data. The Division requested the results <br />from the initial testing to review and confirm emission rates, and barring problems identified during review, no testing <br />was requested pursuant to the revised information request sent on 4/18/2013. <br />Early May 2013 - Following inquiry from the Governor's office, a briefing Memo was prepared by request for Division <br />and CDPHE directors regarding the coal mine information requests. <br />5/13/2013 - CMA met with the Governor's office to discuss the Air Division's requests. <br />5/21/2013 - The Division was directed to hold the 4/18/2013 request letter in abeyance, and directed to investigate <br />the testing concerns, and other associated inaccuracies, raised by the CMA. <br />6/10/2013 - GCC reported they had gathered the emission results per their 5/1/2013 conversation with the Division. <br />They were prepared for submission, but had been directed by the CMA to postpone providing emission data because it <br />may compromise issues that CMA was working through with CDPHE. To date, no emission data has been provided from <br />testing. <br />4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.cotorado.gov/cdphe <br />John W. Hickenlooper, Governor Larry Wolk. MD, MSPH, Executive Director and Chief Medical Officer <br />