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Service also erroneously relied on false, incomplete, or unsubstantiated information from another <br />agency, in this case the Mine Safety and Health Administration ('`MSHA"). <br />1. Flaring of Methane <br />The Forest Service considered, but eliminated from detailed study, an alternative that <br />would have required the flaring of methane gas vented as a result of the Project. See Project <br />FEIS at 44. While the Forest Service noted that, "flaring may be used to reduce green house gas <br />emissions," the agency stated that the "FS understands from the MSHA District Office in <br />Lakewood, CO that this activity is not approved by MSHA due to the potential safety hazard to <br />the underground mine." Id. <br />The FEIS's claim was contradicted by information provided to Appellants by the Forest <br />Service. According to an October 26, 2007 e-mail from Hubert E. Sherer, a mining engineer <br />with the Division of Safety at MSHA: <br />There is a long and safe history of flaring waste gas and volatile hydrocarbons in <br />the petroleum and chemical industries. MSHA would approve flaring of <br />methane drainage if appropriate protections are incorporated into the <br />flaring system. <br />See email of Hubert E. Sherer, MSHA to Liane Madsen, USFS, et al. (Oct. 26, 2007 3:12 PM), <br />included in Exh. 7 (emphasis added). Additionally, in a November 1, 2007 e-mail, Mr. Sherer <br />responded to the EPA's comments regarding flaring as an alternative for the Project. Mr. Sherer <br />stated: <br />MSHA would approve a methane flaring system that incorporates adequate <br />protections to prevent a flame or explosion from propagating to the coal mine.... <br />MSHA has no regulation or policy that prohibits the flaring of methane.... <br />MSHA has reviewed the EPA flare system and concurs that this is an acceptable <br />method for flaring methane produced from coal mine degas holes. However, any <br />proposed flare system would have to be designed for mine-specific conditions <br />(flow rates, gas concentrations, etc.) and must be approved in the ventilation plan. <br />APPEAL OF E SEAM METHANE DRAINAGE WELLS PROJECT, APRIL 28, 2008 PAGE 12