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B. Violation of Applicable Mining Plans <br />Arch Coal is similarly required by its federally approved mining plans and mining plan <br />modifications to comply with all applicable state and federal air quality laws and regulations in <br />conjunction with the mining of federal coal at the West Elk mine. Specifically, every applicable <br />mining plan and mining plan modification contains the following condition: <br />The operator shall comply with the provisions of the Water Pollution Control Act (33 <br />U.S.C. 1151 et sea.), the Clean Air Act (42 U.S.C. § 7401 et sea.), and other applicable <br />federal laws. <br />See e.g. U.S. Department of the Interior, Mining Plan Approval Document for Federal leases C- <br />1362 and COC -67232 at the West Elk Mine (Jan. 15, 2009) at Condition 1. <br />Under SMCRA regulations, companies must comply with the conditions of their mining <br />plans. Not only must surface coal mining operations "be conducted in accordance with [] the <br />approved mining plan, but a mining plan "shall be binding on any person conducting mining <br />under the approved mining plan." 30 C.F.R. §§ 746.11(b) and 746.17(b). Accordingly, the <br />failure of Arch Coal to comply with applicable air quality laws and regulations constitutes a <br />violation of applicable mining plans and mining plan modifications and therefore a violation of <br />SMCRA regulations. <br />IV. The Duty to Inspect, Enforce, and Issue a Cessation Order <br />Any person may request an inspection of surface coal mining operations by providing a <br />written statement giving the authorized representative(s) reason to believe that a violation of <br />SMCRA, CO SCMRA, SMCRA regulations, MLRB Rules, or any condition of a permit. See 30 <br />U.S.C. § 1271(a); C.R.S. 34-33-123(1); 30 C.F.R. § 842.12(a); and MRLB Rules, Section <br />5.02.5(1)(a). An authorized representative(s) shall have reason to believe that a violation exists <br />if, "The request alleges facts that, if true, would constitute [violations]." MLRB Rules, Section <br />5.02.5(1)(b)(i); see also 30 C.F.R. § 842.11(b)(2). <br />If an inspection confirms that a violation of SMCRA, CO SCMRA, SMCRA regulations, <br />MLRB Rules, or any condition of a permit exist at a surface coal mining operation shall issue a <br />notice of violation to the operator. See MLRB Rules, Section 5.03.2(2); see also 30 C.F.R. <br />843.12(a)(1). However, where a violation "[c]reates an imminent danger to the health or safety <br />of the public [or] [i]s causing or can reasonably be expected to cause significant, imminent <br />environmental harm to land, air, or water resources," the authorized representative(s) "shall <br />immediate order a cessation of surface coal mining and reclamation operations or of the relevant <br />portion thereof." 30 C.F.R. § 843.11(a)(1); see also MLRB Rules, Section 5.03.2(1)(a). <br />Based on the aforementioned information, there is no doubt that Arch Coal is violating <br />SMCRA, CO SCMRA, SMCRA regulations, MLRB Rules, and the conditions of its permit in <br />relation to the practice of venting methane at the West Elk coal mine. In venting methane, <br />regulated VOC emissions are being released, yet not being reported or permitted according to <br />state and federal air quality laws and regulations. Since 2012, the Colorado APCD has <br />16 <br />