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determined that the West Elk mine is "out of compliance" on the basis of these unreported and <br />unpermitted VOC emissions. The APCD's own inspections and analyses of relevant available <br />information have confirmed these violations. Because West Elk is "out of compliance" with <br />applicable state and federal air quality laws and regulations, the mine is also not in compliance <br />with at least four conditions of its permit, with the requirements of SMCRA, CO SCMRA, <br />SMCRA regulations, and MLRB Rules, and with the conditions of its applicable federal mining <br />plans and mining plan modifications. <br />Accordingly, DRMS and OSMRE must conduct an inspection and take enforcement <br />action. Further, given that these violations appear to be creating an imminent danger to the <br />health or safety of the public and are causing or can reasonably be expected to cause significant, <br />imminent environmental harm to air quality, DRMS and OSMRE must order Arch Coal to cease <br />methane venting operations unless and until the company submits proper information to the <br />Colorado APCD and secures proper permits authorizing the release of regulated VOCs. The <br />release of regulated VOCs without permission endangers the public and can reasonably be <br />expected to cause significant, imminent harm to air quality by virtue of their own harmful <br />characteristics and their contribution to ground -level ozone pollution. <br />V. Conclusion <br />It is critical that this matter be effectively addressed. Although the Colorado APCD may <br />have decided not to undertake its own enforcement action at this time, this does not obviate the <br />need for DRMS and OSMRE to enforce applicable surface mining laws and regulations. Indeed, <br />while APCD may have discretion to avoid undertaking enforcement action upon discovering <br />violations, DRMS and OSMRE do not. We look forward to a timely response from DRMS and <br />OSMRE to this complaint. Thank you. <br />Sincerely, <br />Jeremy Nichols <br />Climate and Energy Program Director <br />WildEarth Guardians <br />2590 Walnut St. <br />Denver, CO 80205 <br />(303)437-7663 <br />jnicholsgwildearthguardians.org <br />17 <br />