2017-10-23_GENERAL DOCUMENTS - C1980007

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While the gases escaping methane venting wells are invisible to the naked eye, they can be seen with infrared cameras. This image, taken from a video by Earthworks, demonstrates what the gas venting looks like with an infrared camera. See https;!/youtu.be/51YSeOt34—g. Methane venting operations above the West Elk mine constitute surface coal mining operations under SMCRA and CO SCMRA. Because they are surface operations and surface impacts that are incident to an underground coal mine, these operations are subject to regulation under applicable federal and state laws and regulations governing surface coal mining operations. See 30 U.S.C. 1291(28)(A); C.R.S. 34-33-103(26)(a). II. VOC Emissions and Violations at the West Elk Mine While the West Elk mine vents methane, the full composition of the gas stream being vented into the air includes other carbon -based compounds collectively described as VOCs. Analyses of gas vented from West Elk mining operations indicate that VOCs such as pentane, hexane, benzene, cyclohexane, heptane, methylcyclohexane, toluene, octane, ethylbenzene, xylene, nonane, decane, undecane, and propane are released in conjunction with methane. While methane is not subject to regulation as a VOC under applicable clean air laws and regulations, the other compounds are. See 40 C.F.R. § 51.100(s); 5 C.C.R. 1001-2(I)(G) (defining "volatile organic compound"). In spite of this, West Elk has not sought to ensure its regulated VOC emissions are properly reported and permitted under state and federal clean air laws and regulations. This situation has prompted the Colorado Air Pollution Control Division ("APCD") to inspect the mining operations at West Elk and confirm that VOC emissions are not being properly reported or permitted according to applicable state and federal clean air law and regulations. In 2012, the APCD conducted an inspection and reported that: X