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Joel Kohn July 26, 1991 Page two been approved by the Department of Health. The final approval letter containing a supplemental condition regarding emission control on Highway 133 is attached as Exhibit E. However, in spite of this plan being in place, coal dust continues to infiltrate the Moschners' home. Mr. Moschner has painted some windows shut to seal them; however, this has not stopped the problem. They must constantly clean the house to keep it habitable. Laundry hung outside dries with a covering of coal dust. Plants in the garden are covered by coal dust. His car has a layer of coal dust within hours of being washed and parked outside his home, even when parked on the side of his house away from the road and the mining operation. The Moschners cannot spend time in their yard because, in addition to the coal dust, there are heavy concentrations of diesel exhaust from the coal trucks turning into Somerset Mining Company's load-out. Pursuant to Somerset's Air Pollution Emission Notice and Control Plan for Fugitive Particulate Emissions dated November 26, 1990, a Somerset Mining Company coal truck arrives in or leaves Somerset approximately every four-five minutes, 16 hours per day, 245 days per year. As the trucks turn into the tipple site they go uphill downshifting, and emitting great amounts of diesel exhaust. A photograph of such a truck nearly obscured by its emissions is enclosed as Exhibit F. Coal falls off these trucks as they turn into the site across from the Moschners' home. It is then pulverized by traffic on Highway 133, and blown through the Town of Somerset. Although the conditions contained in the final approval letter (Exhibit E) require that the haul route be cleaned as needed to minimize dust, washing is done too infrequently to keep the area substantially free of blowing coal dust. Even if the dust were properly washed off the road, when it dries it can again be blown about just as when it was on the road. The impact of merely washing coal off the roadway rather than preventing the initial spillage should also be considered in light of water quality concerns, since the coal washed off the highway must eventually reach the North Fork of the Gunnison River. Because of the existence of these continuing problems, it is clear that the Mining Company's Fugitive Particulate Control Plan fails to "reduce, prevent and control fugitive particulate emissions from the source or activities into the atmosphere" as required by Regulation No. 1, Section III, D., l.c. The Control Plan also fails to meet the requirements of Regulation No. 1, Section III, D., l.c. (nuisance guidelines), III, D., l.d.(iii) (standards for control plans), and III, D.,