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Section I80.15(b) Continued. <br />C~ <br />and have been included in this permit application as Exhibit 31, <br />Kerr Tipple Emissions Permits and Exhibit 44, Rerr Mine Emissions <br />Permit. <br />Kerr Coal's existing emission permits allow for production rates of <br />up to 500,000 tons of coal per year. Accordingly, Kerr Coal sub- <br />mitted to the Colorado Air quality Control Commission on or about <br />July 25, 1980, an application to amend its existing emission per- <br />mits to allow for an increase in the permitted production rate up <br />to 850,000 tons of coal per year or an incremental increase of <br />350,000 tons. Kerr Coal has specified an 850,000 ton per year <br />maximum production rate in its emission permit amendment applica- <br />tion in order to allow for operational flexibility in the event <br />that presently unforeseen circumstances mandate an increase in <br />production. <br />• <br />Kerr Coal's existing emission permits do not call for an air quali- <br />ty monitoring program. Furthermore, present regulatory permitting <br />requirements of the Colorado Air Quality Control Commission do not <br />mandate air quality monitoring in connection with the permit amend- <br />ment for increased production which Kerr Coal has recently submit- <br />ted. Nor are there any independent Environmental Protection Agency <br />air quality monitoring requirements applicable to either the exist- <br />ing or the proposed Kerr Coal mining operations. For these reasons, <br />and based upon the fact that Kerr Coal does not project production <br />in excess of 750,000 tons of coal per year, Kerr Coal does not <br />propose to implement an air quality monitoring program. <br />On May 16, 1980, the United States District Court for the District <br />of Columbia remanded 30 CFR Section 816.95 on the grounds that the <br />performance standards articulated by that regulation went beyond <br />the legislative authorization embodied in the Surface Mining Con- <br />I <br />780-36 <br />