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the CDPHE's Director of Environmental Programs, the DFB further explained that it had no reason to believe that <br />MCC was out of compliance with its air quality permit because the agency with authority to determine violations <br />of the Clean Air Act, the CDPHE APCD, has looked at the MCC's compliance with standards applicable to VOCs at <br />the West Elk Mine and has neither "required MCC to permit, report or control VOC emissions at the West Elk <br />Mine" nor "issued any noncompliance findings to MCC." Id. For these reasons, the DFB concluded that the <br />Complaint did not provide a reason to believe a violation exists under SMCRA and that a Federal inspection was <br />not warranted.3 Id. <br />Rea uest for Informal Review <br />On December 8, 2017, OSMRE received the WEG Request for Informal Review dated December 6, 2017. The <br />Request for Informal Review included the original Complaint, along with exhibits, including some containing <br />information not previously included with the original Complaint or made available to the DFB when it issued its <br />response." In addition, in its Request for Informal Review, WEG attempts to establish standing to seek Informal <br />Review. See Request for Informal Review at pp. 3-4 and Exhibits 3 and 4.5 <br />WEG's asserts the DFB Response is contrary to SMCRA and the federal regulations because a federal inspection <br />was not ordered based on the Complaint's allegations in accordance with the standard set forth in 30 C.F.R. <br />§ 842.11(b)(2). Id. at 5. WEG claims that the DFB did not properly consider the factual information provided by <br />WEG that they allege demonstrates a violation of "State and Federal air quality laws and regulations, and that <br />3 The DFB Response also addressed the claim in your Complaint that alleged that MCC was out of compliance with its MLA <br />mining plan because of the alleged air quality violations. DFB Response at p. 2. Because WEG's Request for Informal Review <br />did not question the DFB's response on this claim and because, as explained by DFB, mining plans are not the proper <br />subject of a citizen complaint or informal review request, I do not address it further. <br />4 The December 6, 2017 Request for Informal Review included the following documents: <br />1. Request for Informal Review of a Denial of a Citizen Complaint Filed Pursuant to the Surface Mining Control and <br />reclamation Act — Pleading — (12 pages); <br />2. Exhibit 1— October 20, 2017 Complaint, including the originally submitted cover letter and Exhibits i through 3 <br />referenced above (92 pages); <br />3. Exhibit 2 — November 28, 2017 OSMRE DFB decision letter to WEG (3 pages); <br />4. Exhibit 3 — WEG Corporation data, new information not previously submitted with the original Complaint (3 pages); <br />S. Exhibit 4 — Declaration of Jeremey Nichols, dated December 5, 2017, new information not previously submitted <br />with the original Complaint (10 pages); <br />6. Exhibit 5 — Bloomberg BNA, Environment and Energy Report, "Arch Coal's Emissions Unenforced as Colorado Cites <br />Uncertainty", new information not previously submitted with the original Complaint (4 pages); <br />7. Exhibit 6 —Document entitled "Prepared for Mountain Coal Company LLC; West Elk Mine Somerset. Colorado E <br />Seam gathering Options September, 2009, new information not previously submitted with the original Complaint <br />(33 pages); and, <br />8. Exhibit 7 —Unsigned letter from WEG to Will Allison, Director, Colorado Air Pollution Control Division, dated March <br />2, 2012, new information not previously submitted with the original Complaint (5 pages). <br />5 For purposes of this Informal Review decision, I consider standing to be established and will not discuss it further. <br />However, this decision does not limit OSMRE's ability to raise the issue of standing, if appropriate, in future proceedings. <br />4 <br />