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Ms. Christine Belka <br />Page 2 <br />June 11, 2018 <br />Therefore, pursuant to 30 C.F.R. §842.11(b)(1)(ii)(B)(4)(i), the Division concludes no violation <br />exists and no further action by OSMRE is required. <br />COLORADO AIR QUALITY JURISDICTION AND REGULATION <br />Applicable State and Federal air quality is regulated in Colorado by the Colorado Air Pollution <br />Control Division (APCD), not the Division. The APCD have issued a construction permit to <br />MCC (permit no. 09GU 1382) which applies to the mining and processing facilities at the West <br />Elk Mine, including the coal stock piles at issue in the WEG complaint. Permit no. 09GUI382 <br />includes detailed and specific terms, conditions and control measures associated with fugitive <br />dust associated with the Run of Mine coal stockpiles (<20% opacity and 7 —10% moisture <br />content). The Division has no Memorandum of Understanding with the APCD and is not <br />authorized to enforce an APCD permit. The Division has no information that a violation of <br />permit no. 09GU1382 exists. <br />COLORADO'S AIR RESOURCE PROTECTION RULE <br />The TDN alleges the MCC is in violation of Rule 4.17. This Rule is the performance standard <br />for air resource protection, and outlines the limited authority of the Division. <br />Rule 4.17 — Each person who conducts surface coal mining and reclamation operations shall <br />stabilize and protect all surface areas, including spoil piles, to effectively control erosion and <br />attendant air pollution and shall conduct such operations in such a manner so as to comply with <br />all applicable State and Federal air quality statutes and regulations. <br />During the Division's partial I&E inspection on May 23, 2018, particular attention was given to <br />MCC's fugitive dust control plan, policy and practice. Additionally, prior to, and at the <br />conclusion of, the on -the -ground inspection, the Division met with MCC management to discuss <br />MCC's fugitive dust control measures at the West Elk Mine. Based on the information provided <br />by MCC management, the on-going practices relating to the control of fugitive dust include: <br />• Fugitive dust is measured according to a process detailed in Method 9 — Visual <br />determination of the opacity of emissions from stationary sources. <br />• Method 9 required observers to be certified to ensure that the observations of opacity are <br />calibrated against a standard. Certification of opacity observers at the West Elk Mine is <br />conducted twice annually by a third party contractor, Opacitek Environmental Solutions. <br />As of March 16, 2018 MCC had 24 certified opacity observers on staff. <br />