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Arista Midstream Services LLC clearly indicated VOC emissions exceeded legal thresholds for <br />reporting and permitting. See Exhibit 7, Letter from WildEarth Guardians to APCD, "West Elk <br />Coal Mine VOC and Methane Emissions" (March 2, 2012). The 2009 report and Guardians' <br />2012 letter was the basis for APCD's subsequent conclusions that Arch Coal was "out of <br />compliance." At the least, OSMRE was required to confirm for itself whether emissions of <br />VOCs are exceeding State and/or Federal air quality reporting and permitting thresholds. <br />Here, OSMRE was simply asked to undertake an inspection in light of clear evidence of <br />violations of surface coal mining laws and regulations and applicable permit conditions. This <br />should have led the agency to conduct an inspection that would have involved confirming for <br />itself whether or not violations of applicable State and Federal air quality laws and regulations <br />exist at the West Elk mine. SMCRA and SMCRA regulations do not support Mr. Strand's <br />assertion that OSMRE lacks authority to conduct such an inspection. <br />IV. Conclusion <br />For the aforementioned reasons, we request the Regional Director or his designee reverse <br />Mr. Strand's rejection of WildEarth Guardians' October 20, 2017 citizen complaint and decision <br />not to inspect to determine whether there are, in fact, violations of SMCRA, SMCRA <br />regulations, and applicable permitting requirements at Arch Coal's West Elk mine in Colorado. <br />11 <br />