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4 <br /> High resolution versions of these and other pictures are available for download at <br />WildEarth Guardians’ Flickr page at https://flic.kr/s/aHsmfUvXCo. In addition to these pictures, <br />we obtained video footage of the blown dust. This video is also available for viewing and for <br />download on Guardians’ Flickr page and can be accessed here, https://flic.kr/p/268hhTW. <br />Concurrent with e-mailing this complaint, we are also mailing a hard copy of this complaint <br />together with USB drives containing these photos and video. <br /> <br /> These highly visible coal dust emissions from West Elk’s coal piles are not allowed under <br />SMCRA. Under SMCRA regulations, operators of permitted underground coal mines must <br />develop and adhere to a “plan for fugitive dust control practices.” 30 C.F.R. § 784.26(b). <br />Fugitive dust is defined as: <br /> <br />[P]articulate matter not emitted from a duct or stack which becomes airborne due to the <br />forces of wind or surface coal mining and reclamation operations or both [] and it may <br />include emissions from haul roads; wind erosion of exposed surface, storage piles, and <br />spoil piles; reclamation operations; and other activities in which materials is either <br />removed, stored, transported, or redistributed. <br /> <br />30 C.F.R. § 701.5. This fugitive dust control plan must ensure that all exposed surface areas are <br />protected and stabilized “to effectively control erosion and air pollution attendant to erosion.” 30 <br />C.F.R. § 817.95.1 Accordingly, Arch Coal is obligated to protect and stabilize exposed coal piles <br />to effectively control emissions of fugitive dust resulting from wind erosion. <br /> <br /> Based on our observations on May 10, 2018, Arch Coal is failing to protect and stabilize <br />exposed coal piles to effectively control emissions of fugitive dust resulting from wind erosion. <br />Our observations indicate the coal piles were and likely remain extremely susceptible to wind <br />erosion, possibly due to low moisture or a failure of Arch Coal to apply stabilization techniques. <br />Regardless, the presence of visible coal dust emissions blowing from the coal piles at the West <br />Elk mine is indicative of a failure to control fugitive dust emissions in accordance with SMCRA <br />and SMCRA regulations. <br /> <br /> Accordingly, we request OSMRE issue a ten-day notice to the State of Colorado to <br />address these violations in accordance with 30 C.F.R. § 842.11. If Colorado fails to take <br />appropriate action, we request OSMRE immediately conduct a federal inspection to determine <br />whether enforcement is needed to address these violations at the West Elk mine and take <br />appropriate action itself to address these violations. <br /> <br /> <br />1 Similarly, Colorado Mine Land Reclamation Board (“MLRB”) regulations state that: <br /> <br />Each person who conducts surface coal mining and reclamation operations shall stabilize and protect all <br />surface areas, including spoil piles, to effectively control erosion and attendant air pollution and shall <br />conduct such operations in such a manner so as to comply with all applicable State and Federal air quality <br />statutes and regulations. <br /> <br />MLRB Regulation 4.17. Accordingly, under both state and federal regulations, Arch Coal must “effectively” <br />control erosion and attendant air pollution from surface areas, including coal piles.