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<br />"Each person who conducts surface coal mining operations shall stabilize and protect <br />all surface areas, including spoil piles, to effectively control erosion and attendant air <br />pollution and shall conduct such operations in a manner so as to comply with all <br />State and Federal air quality statutes and regulations:' <br />The Division can require that dust suppression be implemented on the haul road, within the <br />permit boundary. A dust suppression plan has been included with the pending technical <br />revision. The Division also has the responsibility to notify the pertinent agency regazding <br />suspected violations of other State and/or Federal air quality statutes. In Colorado, The Air <br />Pollution Control Division has direct jurisdiction over such matters, and their involvement <br />in the Somerset situation is described below. <br />According to Scott Miller of The Colorado Department of Health, Air Pollution Control <br />Program (telephone communication 10/1/91), the Somerset operation currently has no <br />outstanding violations and is in compliance with the Fugitive Particulate Control Plan <br />(Exhibit E). <br />The Somerset Mine was in existence prior to the implementation of the Air Pollution <br />Control Program, and as such, the operations of the mine are grandfathered. The mine is <br />not required to have an Air Emissions Permit; but, a Fugitive Particulate Control Plan is <br />required. This plan outlines the steps necessary to prevent visible dust from traveling off <br />site. The Air Quality Regulations do not allow visible dust to drift off site. This plan may <br />be amended as necessary each time a complaint is received. <br />1n February 1991, the Colorado Department of Health (CDH) issued a citation to the mine <br />for dust emissions. CDH cited that haul trucks"were creating a dust problem. The trucks <br />were overfilled and as they rounded the comer to the Somerset Mine, coal would spill off <br />onto the roadway. The coal on the road would then be pulverized and dispersed as dust by <br />traffic traveling on the State highway. The Somerset Mine was required to submit a Fugitive <br />Particulate Emissions Control Plan as an abatement. <br />In its February letter to the Somerset Mine requesting the plan, the Colorado Department <br />of Health cited Section III.D.l.a(i) of the Colorado Air Quality Control Commission's <br />Regulation Number I which reads: <br />"Every owner or operator of a source or activity which is subject to this Section III.D. <br />shall employ such control measures and operating procedures as aze necessary to <br />4 <br />