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Since the last inspection, the APCD has exercised its enforcement discretion and not yet <br />taken any action against the West Elk mine. However, this failure to enforce does not mean that <br />West Elk is in compliance. All information has indicated and continues to indicate that Arch <br />Coal is operating the West Elk mine in violation of applicable state and federal air quality <br />statutes and regulations. Specifically, Arch Coal is in violation of the following requirements: <br />• AQCC Regulation No. 3, 5 CCR 1001-5, Part A § II.A, regarding Arch's duty to submit <br />Air Pollution Emission Notices and Air Pollution Emission Notice fees related to VOC <br />emissions from methane venting at the West Elk mine. Furthermore, given that the Air <br />Pollution Emission Notice and fee requirements have been federally approved by the <br />EPA as part of the Colorado State Implementation Plan, see 62 Fed. Reg. 2910 (Jan. 21, <br />1997), Arch's violation also constitutes a violation of federal air quality requirements. <br />• AQCC Regulation No. 3, 5 CCR 1001-5, Part B § II.A.1, regarding Arch's duty to obtain <br />a construction permit before releasing VOC emissions from methane venting operations <br />at the West Elk mine. Furthermore, given that the construction permitting requirements <br />have been federally approved by the EPA as part of the Colorado State Implementation <br />Plan, see 62 Fed. Reg. 2910 (Jan. 21, 1997), Arch's violation also constitutes a violation <br />of federal air quality requirements. <br />• AQCC Regulation No. 3, 5 CCR 1001-5, Part D § I.A.1, 42 U.S.C. § 7475, and 40 C.F.R. <br />§ 51.166 regarding Arch's duty to obtain a PSD permit before releasing VOC emissions <br />from methane venting operations at the West Elk mine above the major source threshold <br />of 250 tons per year. <br />• AQCC Regulation No. 3,5 CCR 1001-5, Part C § II.A.1, 42 U.S.C. § 7661a, 40 C.F.R. <br />§ 70. 1, regarding Arch's duty to obtain an operating permit before releasing VOC <br />emissions from methane venting operations at the West Elk mine above the major source <br />threshold of 100 tons per year. <br />III. Violations of Federal and State Mining Laws and Regulations and West Elk's <br />Applicable Permit and Mining Plans <br />Based on the aforementioned violations of applicable state and federal air quality statutes <br />and regulations at the West Elk mine, Arch Coal is further violating applicable state and federal <br />surface coal mining statutes and regulations, thus necessitating DRMS and OSMRE to conduct <br />an inspection, take enforcement action, and issue a notice of cessation of methane venting <br />operations. These violations are as follows: <br />A. Violation of Permit No. C-1980-007 <br />Arch Coal is required by its state -issued mining permit to comply with all applicable state <br />and federal air quality laws and regulations in conjunction with its methane venting operations, <br />which constitute surface coal mining operations. Specifically, the following Conditions require <br />compliance with applicable air quality requirements: <br />14 <br />