Laserfiche WebLink
V <br />C <br />Kathleen G. Welt <br />COLORADO <br />Department of Public <br />Health & Environment <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />Environmental Engineer III <br />Mountain Coal Company, LLC <br />West Elk Mine <br />5174 Highway 133 <br />Somerset, CO 81434 <br />January 11, 2017 <br />Dear Kathy, <br />Thank you for your December 22, 2016 letter regarding inspection report number 0510015-INSP-2015, <br />concerning the April 29, 2015 inspection of the West Elk Mine. You have raised concerns regarding the <br />inspector's determination that the West Elk Mine is not in compliance with requirements to report volatile <br />organic compounds ("VOCs') emissions on an air pollutant emissions notice ("APEN"), and has failed to <br />apply for an operating permit. We understand that you question this report because you disagree with the <br />inspector's determination that the emissions from the mine are a point source rather than a fugitive <br />source, and that the inspector's estimates of VOC's are inaccurate. We recognize that there may be <br />some confusion regarding the recommendations contained in the inspection report, and the ultimate <br />decision of the Division regarding any actions to be taken in response to the report. As explained below, <br />the Division is not taking any enforcement action against the West Elk Mine at this time. <br />As you are aware, we have been working with you and with others, including the Colorado Mining <br />Association, to talk through the unique issues related to gathering information on VOC emissions from <br />mining facilities. These discussions have, in part, focused on the potential technical challenges in <br />collecting meaningful emissions data. We would agree that there is not yet an approved method or <br />emissions factor for estimating coal mine VOC emissions. Because of the difficulty in estimating these <br />emissions, the Division is reviewing the information available and has not yet finalized any estimate of the <br />mine's VOC emissions. <br />We have also discussed the issue whether these emissions are point source or fugitive emissions. We <br />understand that EPA has, in the past, taken the position that these emissions are fugitive. We also <br />understand that Ohio EPA has taken the position that emissions from coal mines are fugitive, and that <br />determination has not been questioned, to our knowledge, by EPA. More recently, we understand that <br />EPA may have suggested that some emissions from coal mines could be point sources; however, EPA has <br />not made any official determination and, in fact, has declined to pursue regulation of coal mine emissions <br />under Clean Air Act 111(b)(1)(A) based upon its discretion to prioritize its limited resources. <br />The Division has not taken final action or reached a conclusion regarding whether these emissions are <br />fugitive. In the inspection report, the inspector presumed that the coal mine VOC emissions are not <br />4300 Cherry Creek Drive 5., Denver, CO 80246.1530 P 303.692-2000 www.color&dD.gov/cdphe <br />John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer <br />