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CONCLUSION <br />This compliance assessment is based on observations made during the inspection, information provided by <br />the source, and a review of Division records. Based on this, Mountain Coal Company LLC — West Elk <br />Mine is determined to NOT be in compliance with the Conditions of Permit Nos. 09GU1382, 10GU1130, <br />and applicable Colorado Air Quality Control Commission Regulations. Specifically, the source was <br />determined to be in violation of the following: <br />A. Pursuant to Permit 09GU1382 Condition 8, Permit IOGUI130 Condition 9.e., and AQCC <br />Regulation 3, Part A, Section II.C, the source is required to submit a revised APEN no later than 30 <br />days before the existing APEN expires. The source's previous APENs for AIRS Pts 011, 012, 013, <br />014, 016, and 019 expired on 11/24/2014, and thus a revised APEN was due by 10/25/2014. <br />Similarly, the source's previous APENs for AIRS Pts 015 and 020 expired on 11/10/2014, and thus a <br />revised APEN was due by 10/11/2014. The Division received the revised APENs all of these AIRS <br />Pts on 11/13/2014, not greater than 30 days before the existing APEN expired. For AIRS Pts 015 <br />and 020, these APENs were received after the expiration of the previous APENs. Also, the source's <br />previous APEN for AIRS Pt 021 expired on 2/11/2015, and a revised APEN was due by 1/12/2015. <br />The Division received the revised APEN for AIRS Pt 021 on 1/22/2015, not greater than 30 days <br />prior to the existing APEN's expiration. As the source did not submit a revised APEN 30 days prior <br />to the existing APEN's expiration for multiple AIRS Pts, the source violated Permit 09GUI382 <br />Condition 8, Permit 10GU1130 Condition 9.e., and AQCC Regulation 3, Part A, Section II.C. <br />Note: The source appeared unaware of the requirement to submit a revised APEN at least 30 days <br />prior to the previous APEN's expiration, and all APENs were up to date at the time of the <br />inspection. <br />B. Pursuant to Permit 09GUI382 Condition 8 and AQCC Regulation 3, Part A, Section ILC, a revised <br />APEN shall be submitted to report a significant increase in emissions above the level reported on <br />the last APEN submitted. MCC was informed in 2012 that there may be significant VOC emissions <br />associated with the methane released from mining operations. Since that time, the Division has <br />collected and reviewed additional information verifying that VOC emissions from MCC are above <br />permitting thresholds. MCC has been aware of the Division's work on this issue, has information <br />available which they could use to quantify VOC emissions, and reported not pursuing testing or <br />gathering additional information to submit a permit modification request. Because the source has <br />not submitted an APEN reporting VOC emissions from ventilation shafts or requesting permit <br />modifications to reflect VOC emissions, the source is in violation of Permit 09GU1382 Condition 8 <br />and AQCC Regulation 3, Part A, Section II.C. <br />C. Pursuant to Permit 09GU1382 Condition 14, Permit 10GU1130 Condition 11, and AQCC <br />Regulation 3, Part C, operating permit requirements shall apply to this source at any such time that <br />they become major, and the source is required to submit an application for, and obtain, an <br />2015 Inspection A <br />ff <br />0510015-INSP-2015 Page 35 of 37 <br />