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also provides OSMRE with the authority to establish procedures for informal review if the authorized <br />representative from OSMRE declines to issue a citation for any such alleged violation. Id. OSMRE established <br />informal review procedures in 30 C.F.R. § 842.15. <br />Under section 521(a)(1) of SMCRA, whenever OSMRE has "reason to believe" that "any person is in violation of <br />any requirement [of SMCRA] or any permit condition required by [SMCRA]," OSMRE must notify the regulatory <br />authority (RA)—the Colorado Division of Reclamation, Mining and Safety (DRMS) in this case. 30 U.S.C. <br />§ 1271(a)(1). The RA then has ten days to take appropriate action to cause the violation to be corrected or show <br />good cause for not taking action. Id.; see also OSMRE's implementing regulation at 30 C.F.R. §§ 842.11(b)(1) and <br />843.12(a)(2). The initial notice OSMRE gives to the RA under this provision is commonly referred to as a ten-day <br />notice (TDN). If the RA falls to take appropriate action, or show the requisite good cause for failing to act, <br />OSMRE will order and conduct a federal inspection of the surface coal mining operation at which the alleged <br />violation is occurring, unless the information available to OSMRE is a result of a previous federal inspection. Id. <br />at § 842.11(b)(1)(iii)(C). Only if the federal inspection reveals that a violation exists will OSMRE take an <br />enforcement action, including issuance of a notice of violation or cessation order, as appropriate.' Id. at <br />§ 843.12(a)(2). <br />Factual Backeround <br />WEG Citizen Complaint <br />On October 23, 2017, OSMRE received a Citizen Complaint (Complaint) dated October 20, 2017 from WEG <br />alleging violations at the West Elk Mine. The Complaint was addressed to both OSMRE and the DRMS. An <br />advance copy of the Complaint was sent to OSMRE and DRMS by simultaneous email delivery on October 20, <br />2017. <br />The Complaint claimed it was sent pursuant to section 517(h)(1) of SMCRA, SMCRA's implementing regulations, <br />30 C.F.R § 842.12(a), the Colorado Surface Coal Mining Reclamation Act (CO SCMRA), C.R.S. § 34-33-122(7), and <br />the Colorado Mined Land Reclamation Board Regulation 5.02.5(1). The Complaint also alleged violations of <br />federal and state permitting requirements and the MLA mining plan approved by the Assistant Secretary for <br />Land and Minerals Management. <br />The Complaint requested that DRMS and OSMRE initiate enforcement actions and order MCC"to cease methane <br />venting unless and until the company complies with relevant clean air requirements." Complaint at 1. This <br />request was based on WEG's assertion that MCC is violating state and federal SMCRA standards, its state mining <br />permit, and its MLA mining plan because it is allegedly not in compliance with applicable air quality standards. <br />The allegation states that "[w]hile engaging in the practice of venting methane into the air, the company is <br />releasing regulated volatile organic compounds ("VOC") emissions, including gases like benzene, toluene, and <br />butane." Complaint at 1. The allegation further states that "[i]n spite of these emissions, [the operator] has yet <br />1 Under section 521(a)(2) of SMCRA, OSMRE must immediately issue a cessation order when, on the basis of a Federal <br />inspection, OSMRE determines "that any condition or practices exist, or that any permittee is in violation of any <br />requirement of [SMCRA] or any permit condition required by [SMCRA]" and that condition, practice, or violation creates <br />imminent harm or danger. 30 U.S.C. § 1271(a)(2). <br />