2018-06-01_REVISION - C1980007 (4)

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dependable way to reduce coal mine climate pollution, and an expert report showed flaring could also be profitable for Arch, Arch will be allowed to emit uncontrolled methane gas under PR -15. See State of Colorado, Coal Mine Methane in Colorado Market Research Report (Mar. 2016) at 14 (stating that "[a] properly engineered, manufactured, and operated flare with redundant safety systems can fully address [safety] concerns"), attached as Exhibit 3; Raven Ridge Report, attached as Exhibit 4. It is not clear how this ensures surface coal mining will protect fish, wildlife, and other related environmental values from methane emissions and associated climate impacts. Further, as methane is emitted from the underground mining operations, regulated volatile organic compounds ("VOCs") such as propane, benzene, toluene, butane, and other compounds are released.4 In spite of this, Arch Coal has yet to report or obtain permits to authorize these VOC emissions, in violation of State and Federal clean air laws and regulations. Here, we are concerned that an effective air pollution control plan has not been created and that PR -15 will continue to allow Arch Coal to inappropriately impact fish, wildlife, and other related environmental values, as well as violate State and Federal clean air laws and regulations, contrary to MLRB Rules. c. Reclamation Concerns The addition of new roads explicitly slows down the rate of otherwise forward -moving reclamation in this region. The permit revision could potentially violate both the Colorado Roadless Rule requiring roads to be decommissioned, as well as contemporaneous reclamation requirements. First, the Colorado Roadless Rule requires that roads be decommissioned when the road is no longer needed. See 36 C.F.R. § 294.43(d)(2). Specifically, the Roadless Rule requires that roads be decommissioned "to stabilize, restore, and revegetate unneeded roads to a more natural state to protect resources and enhance Roadless area characteristics. Examples include obliteration, denial of use, elimination of travelway functionality, and removal of the road prism (restoration of the road corridor to the original contour and hydrologic function)." Id. Secondly, SMCRA requires that mining operators meet contemporaneous reclamation requirements set forth under 30 U.S.C. §§ 1202(e)and 1265(b)(16), and 30 C.F.R. §§ 810.2(b) and 816.100. To guarantee the success of surface coal mine reclamation, the law requires reclamation to occur "as contemporaneously as possible with the surface coal mining operations." 30 U.S.C. § 1202(e). In furtherance of this key purpose of SMCRA, OSMRE has established performance standards requiring permittees to "reclaim all lands disturbed by surface mining activities as contemporaneously as practicable with the mining operations[.]" 30 C.F.R. § 816.100. We are concerned that reclamation of existing roads and methane venting well pads is not occurring as "contemporaneously as possible" and that the approval of PR -15 would condone ongoing violations of contemporaneous reclamation requirements under SMCRA and MLRB 4 These VOCs are regulated under the Clean Air Act at 40 C.F.R. § 51.100(s).