2008-07-16_REVISION - C1980007 (2)

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IBLA 2007-213 eastern mine area. These- -GI --V locations are not correlated, on any maps In the record, with ownership =of the surface or the mineral estate by private or public enrides. At least one GHV is alleged to be located on Federal surface. The parties agree that the vent holes are venting or will vent huge amounts of methane gas into the atmosphere. Vessels claims that "approximately 2.5 billion cubic feet of methane is or will be vented, from each mine parcel at the Aberdeen Mine through Vertical Drillholes, " Vessels Ex. E, Affidavit of Thomas Vessels, at 16 (emphasis added). BLM's decision asserts that the Aberdeen Mine already has "vented 5 to 10 billion cubic feet of nixed methane, hydrogen sulfide, and atmospheric gas into the environment." Decision at 2. Unlike VAM, which is mixed with ambient air pulled into the mine, the methane from the gob hole vents is anticipated to contain a comparatively high concentration of methane. See Vessels &,. H, Aug. 21, 2006, e-mail from Douglas Cook, Chief, Division of Fluid Minerals, Utah State Office, BLM, to Tim Spisak, Chief, Division of Fluid Minerals, Washington Office, BLM ("GOB gas ... is about 95% methane, so little has to be done to make it marketable"). While the actual concentration of methane at any particular GHV is not documented in this record, the relatively high inethane concentration at the vents of VAE's state-of-the-art gob gas venting system raises the potential that the gas may be marketable. At the same time, release into the atmosphere of billions of cubic feet of methane also raises an environmental issue for the EPA, which is responsible for regulating air pollutants. The EPA promotes a "Methane to Markets Partnership" initiative to "reduce global methane emissions to enhance economic growth, promote energy security, improve the environment, and reduce greenhouse gases" by encouraging cost-effective, near-term methane recovery in four sectors. www.ep-ci.gov/methanetomarkets. one sector is coal mines. The EPA explains the importance of cooperation with and participation by the coal mining industry in its discussion of the "Methane Outreach Program." www.epa,gov/cniop. The goal of this program is "to promote the profitable recovery and use of coal mine methane (CMM), a greenhouse gas more than 20 times as potent as carbon dioxide." Id. Consistent with the EPA's directive, UAL and Oso (iii and Gas Properties, LLC. (Uso), enta? into A zzriva tPe opera ' ary_I .2-006 We do-nor have a copy of this private agreement; nor are any background facts leading to the parties' decision to enter into this agreement found in the record .5 There appears to be consensus that under the terms of this agreement, Oso would capture mine gas emitted from vent holes on the surface and, if feasible, gather and transport methane to market for any treatment and sale. UAE does not dispute that it receives s Vessels has attached as Ex. J the first and last pages of the Operating Agreement. 175 IBLA 12 IUS j £EEL 'OM b1Ai inn wa141:71 VI A7 -w -hi!v- •svn innnl ncvn mrrn VV4 6e:QT RAA7//.7./OA