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fugitive. That presumption or determination represents only the individual inspector's position, not the <br />Division's position. <br />Finally, we need to assure you that the inspection report received by Mountain Coal Company LLC does <br />not, on its own, initiate an enforcement action. It is Division management that must determine, using its <br />discretion, whether to initiate enforcement based on the facts of each case, applicable law, and other <br />appropriate factors. Every case is unique and is decided on its own merits. In this case, the Division <br />considered the legal uncertainty regarding whether the West Elk Mine's VOC emissions are fugitive or non - <br />fugitive, uncertainty regarding the quantity of VOC emissions, and other appropriate factors before using <br />its enforcement discretion to decide not to pursue an enforcement action. The Division retains the <br />authority to reconsider this determination and to consider any new facts or circumstances that may arise. <br />We hope this clarifies the Division's position regarding the determinations and recommendations in the <br />April 29, 2015 inspection report. We take these inspection reports very seriously when determining the <br />appropriate action to take; however, it is the Division management that makes the ultimate decision what <br />action is pursued. <br />We hope to continue our dialog with you and others regarding the technical issues involved in accurately <br />estimating VOC emissions from coal mines. We look forward to working with you on these issues. <br />if you have additional questions, please contact Shannon McMillan, (303) 692-3259. <br />Regards, <br />Martha Rudolph <br />Director of Environmental Programs <br />cc (electronic): <br />Shannon McMillan, APCD <br />Chris Colclasure, APCD <br />John Swartout, Office of the Governor <br />4300 Cherry Creek Drive S., Denver, CO 80246.1530 P 303.692-2000 www.cotorado.gov/cdphe <br />John W. Hickentooper, Governor I Larry Walk, MD, MSPH, Executive Director and Chief Medical Officer <br />