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After an inspection is conducted, DRMS has authority to determine whether WildEarth <br />Guardians' allegations are, in fact, true and to take appropriate action. However, DRMS does <br />not have authority to second-guess WildEarth Guardians' allegations in a request for inspection. <br />Accordingly, Mr. Stark's decision must be reversed. <br />II. DRMS'S AUTHORITY TO ENFORCE SURFACE COAL MINING LAWS AND <br />REGULATIONS APPLIES TO VIOLATIONS OF CLEAN AIR LAWS AND REGULATIONS <br />Mr. Stark's decision also suggests that DRMS believes it has no authority to determine <br />whether an operator is in compliance with applicable state and federal clean air laws and <br />regulations. In his decision he asserts that DRMS, "does not have any independent jurisdictional <br />authority to make [] a determination" that the West Elk mine is in violation of applicable state <br />and federal clean air laws and regulations. <br />Again, WildEarth Guardians' request for an inspection provided analysis and reports <br />clearly demonstrating that the West Elk mine is "out of compliance" with applicable state and <br />federal clean air laws and regulations. Thus, the request for inspection did not ask DRMS to <br />make any independent determination as to West Elk's compliance status, but rather called on the <br />agency to conduct on an inspection on the basis that West Elk was "out of compliance" with <br />applicable state and federal clean air laws and regulations based on APED inspections and <br />reports and the crystal clear conclusions therein. Put simply, WildEarth Guardians' request for <br />an inspection asked DRMS to confirm whether or not Arch Coal was "out of compliance." <br />Nevertheless, Mr. Stark's suggestion that it has no independent authority to determine <br />that surface coal mining operations at the West Elk mine are violating applicable state and <br />federal clean air laws and regulations is not supported. DRMS clearly has authority to enforce <br />violations of CO SCMRA, MLRB Rules, and an operator's permit. Given that these applicable <br />requirements variously require compliance with applicable state and federal clean air laws and <br />regulations, DRMS is clearly empowered to assess whether an operator is complying with air <br />quality requirements in order to determine whether that operator is complying with surface coal <br />mining requirements. <br />In any case, a determination of whether Arch Coal is conducting surface coal mining <br />operations in compliance with applicable state and federal clean air laws and regulations did not <br />require an "independent determination" from DRMS. It simply required that Arch Coal confirm <br />to DRMS whether or not VOC emissions are above applicable state and federal reporting and <br />permitting requirements. This is especially reasonable given that Arch Coal's own reports <br />indicate methane venting activities at the West Elk mine are releasing regulated VOCs. In a <br />report prepared by Arista Midstream Services LLC in 2009 based on extensive gas sampling at <br />the West Elk mine, the company reported that regulated VOCs, including butane, propane, <br />pentane, and hexane are released as part of methane venting operations. See Exhibit 3, Arista <br />Midstream Services LLC, "West Elk Mine, Somerset, Colorado, E Seam Gathering Operations" <br />(Sept. 2009) at 25. In a letter to the APCD in 2012, WildEarth Guardians detailed that these <br />results by Arista Midstream Services LLC clearly indicated VOC emissions exceeded legal <br />thresholds for reporting and permitting. See Exhibit 4, Letter from WildEarth Guardians to <br />APCD, "West Elk Coal Mine VOC and Methane Emissions" (March 2, 2012). The 2009 report <br />3 <br />