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AIMN COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />October 30, 2017 <br />Mr. Jeremy Nichols <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />RE: Complaint and Request for Inspection Over Failure of West Elk Mine, Permit <br />Number C-1980-007, to Comply with Applicable State and Federal Coal Mining <br />Laws and Regulations <br />Dear Mr. Nichols: <br />Pursuant to Rule 5.02.5(4) of the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining ("Rules"), the Division of Reclamation, Mining, and Safety ("Division") has <br />reviewed your October 20, 2017, Complaint and Request for Inspection Over Failure of West <br />Elk Mine, Permit Number C-1980-007 ("Permit"), to Comply with Applicable State and Federal <br />Coal Mining Laws and Regulations ("Complaint"). For the reasons outlined in this letter, the <br />Division has determined that an inspection and enforcement action is not warranted based upon <br />the Complaint. <br />The Complaint alleges that the West Elk Mine is not in compliance with applicable clean air <br />laws and regulations. The Complaint alleges that the West Elk Mine has exceeded State and <br />Federal air quality standards for Volatile Organic Compound (VOC) emissions and therefore is <br />in violation of Permit conditions C1, C3, C8, and C9. A January 11, 2017, letter from Martha <br />Rudolph, Director of the Colorado Department of Public Health and Environment's <br />Environmental Programs, including the Air Pollution Control Division ("APCD"), to Kathleen <br />Welt of the West Elk Mine states, "... [T]here is not yet an approved method or emissions factor <br />for estimating coal mine VOC emissions. Because of the difficulty in estimating these <br />emissions, the APCD is reviewing the information available and has not yet finalized any <br />estimate of the mine's VOC emissions." The also letter states, "... [T]he Division considered the <br />legal uncertainty regarding whether the West Elk mine's VOC emissions are fugitive or non - <br />fugitive, uncertainty regarding the quantity of VOC emissions, and other appropriate factors <br />before using its enforcement discretion to decide not to pursue an enforcement action." <br />APCD has not made any determination that the West Elk Mine has exceeded State and Federal <br />air quality standards for VOC emissions and the Division does not have any independent <br />C4 OF .00 <br />ti 1 g= <br />01 <br />1313 Sherman Street, Room 215 Denver CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director 1- <br />g76 _76 <br />