2018-01-22_GENERAL DOCUMENTS - C1980007

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which are fully within the jurisdiction of OSMRE. While the factual allegations relate to the issue of air emissions, the offending activity in question—methane venting above the West Elk mine—is a surface coal mining activity that can and must be regulated consistent with SMCRA, SMCRA regulations, and applicable permit conditions. Accordingly, Mr. Strand erred in presuming that Guardians' request for an inspection somehow amounted to a request that OSMRE supplant the authority of air regulators. Furthermore, WildEarth Guardians' request for an inspection provided analysis and reports clearly demonstrating that methane venting activities (i.e., surface coal mining operations) at the West Elk mine are "out of compliance" with applicable State and Federal clean air laws and regulations. Thus, the request for inspection did not ask OSMRE to make any jurisdictionally improper determination as to West Elk's compliance status, but rather called on the agency to conduct an inspection on the basis that the APCD—the Colorado agency charged with regulating air quality—has confirmed that West Elk is "out of compliance" with applicable State and Federal clean air laws and regulations based on APCD's own inspections by experts and reports, and the crystal clear conclusions therein. In his response, Mr. Strand appears to suggest that OSMRE only authority to determine that surface coal mining operations at the West Elk mine are violating applicable State and Federal clean air laws and regulations if the APCD issues its own notice of violation and undertakes its own enforcement action. However, OSMRE clearly has authority to enforce violations of SMCRA, SMCRA regulations, and applicable permit conditions. Given that these applicable requirements variously require compliance with applicable State and Federal clean air laws and regulations, OSMRE is clearly empowered to assess whether an operator is complying X