### SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY

Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reserva tion (Mandan, Hidatsa, and Arikara Nation), North Dakota

Part A of the Supporting Statement

1. Identification of the Information Collection

(a) Title and Number of the Information Collection

. Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well
Production Facilities; Fort Berthold Indian Reserva tion (Mandan, Hidatsa, and Arikara Nation), North Dakota (40 CFR Part 49, Subpart K, §§49.4161 throug h 49.4168). This is a new information collection request (ICR), and the EPA tracking number is 2478. 01 and the OMB Control Number is 2008- [NEW]. (b) Short Characterization. This ICR covers information collection requirements in the final Federal Implementation Plan (FIP) for Oil and Natural Gas Well Production Facil ities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota (40 CFR Part 49, Subpart K, §§ 49.4161 through 49.4168),

herein referred to as the FBIR FIP. The informatio n collected will be used by EPA and delegated triba l agencies to determine the compliance status of sour ces subject to the rule. On August 15, 2012 (77 FR 48878), the EPA promulgat ed an interim final FIP for oil and natural gas well production sources operating on the Fort B erthold Indian Reservation (FBIR) which addressed volatile organic compound (VOC) emissions from well completions, recompletions, and production and storage operations. The standards in the FBIR FIP apply to any person who owns or operates an existing (constructed or modified on or after August 12, 200 7), new, or modified oil and natural gas production facility that is located on the FBIR and producing from the Bakken Pool 1 

### with one or more oil and natural gas wells, any one of which a well completi on or recompletion operation is/was initiated on or after August 12, 2007.

1 The Bakken Pool is defined as a compilation of cru de oil formations consisting of Bakken, Sanish and Three Forks formations.

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The potential respondents are owners or operators o f oil and natural gas production facilities found throughout the FBIR. For the purposes of the FBIR FIP, an oil and natural gas production facili ty consists of all the air pollution emitting units an d activities located on or integrally connected to one or more oil and natural gas wells that are necessary f or production operations and storage operations. A n oil and natural gas well is a single well that extr acts subsurface reservoir fluids containing a mixtu re of oil, natural gas, and water. A well completion means the process that allows for the flowback of oil and natural gas from newly drilled wells to expel drill ing and reservoir fluids and tests the reservoir fl ow characteristics, which may vent produced hydrocarbo ns to the atmosphere via an open pit or tank. A well completion operation means any oil and natural gas well completion with hydraulic fracturing occurring at an oil and natural gas production faci lity. The completion date is considered the date t hat construction at an oil and natural gas production f acility has commenced. The recompletion date is

considered the date that a modification has occurre d at an oil and natural gas production facility. In general, owners or operators are required to mai ntain records of all oil and natural gas well completions and recompletions, required monitoring, and rule compliance. The FBIR FIP also requires annual reports containing information for each oil and natural gas production facility, including a summary of all required records identifying each oi l and natural gas well completion or recompletion conducted during the reporting period, and a summar y of all instances where construction or operation was not performed in compliance with the requiremen ts of the FBIR FIP during the reporting period. These reports and records are essential in determin ing compliance, and are required of all sources subject to the FBIR FIP. We estimate that 10 operators and 780 oil and natur al gas production facilities will be subject to this FIP over the next three years. The oil and na tural gas production facilities subject to this rul e will incur approximately 29,655 hours in annual monitori ng, reporting, and recordkeeping burden (averaged over the first three years after the effective date of the rules), incurring an estimate $6.5 million ($2012) in burden. This includes an annual average of 29,6 55 labor hours per year at a total labor cost of $1 .4 million per year, average annualized capital costs of $2.2 million per year, and average annual operat ing and maintenance costs of $2.9 million per year over the 3-year period for this ICR.

2. Need For and Use of the Collection (a) Need/Authority for the Collection

. The EPA is charged under Sections 301(a) and 301(d) (4) of the Clean Air Act (CAA) to

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promulgate regulations as necessary to protect trib al air resources. Promulgating the FBIR FIP addresses an important initial step to fill a regul atory gap between state and federal requirements wi th regard to controlling volatile organic compound (VO C) emissions from oil and natural gas production operations on the FBIR. There is no other federal rule, including the recently finalized New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) for the Oil and Natural Gas Sector (NSPS O OOO and NESHAP HH) 2 

### , that establishes air pollution control regulations for the particular oi l and natural gas production operations that exist on the FBIR. This is in contrast to oil and natural gas o perations off the Reservation, which are governed b y the North Dakota Department of Health (NDDoH) regul ations and North Dakota Industrial Commissions (NDIC) regulations within the State of North Dakota’s jurisdiction. Consistent with the regulatory structure that exists off the FBIR, and NSPS OOOO, the FBIR FIP has requirements for VOC emissions control and reductions, monitoring, recor dkeeping, and reporting. In addition, section 114(a) states that the Adminis trator may require any owner or operator subject to any requirement of this Act to:

• establish and maintain such records;

• make such reports; install, use, and maintain such monitoring equipment,

• and use such audit procedures, or methods;

• sample such emissions (in accordance with such proc edures or
methods, at such locations, at such intervals, duri ng such periods, and in such manner as the Administrator shall presc ribe);

• keep records on control equipment parameters, produ ction

variables or other indirect data when direct monito ring of emissions is impractical;

• submit compliance certifications in accordance with Section 114(a)(3); and

• provide such other information as the Administrator may reasonably require.

2 “Oil and Natural Gas Sector: New Source Performa nce Standards and National Emission Standards for H azardous Air Pollutants Review, Final Rule” Federal Register 77:159 (16 August 2012) p. 49490.

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(b) Use/Users of the Data. These records and reports are necessary for the EP A Administrator (or the tribal agency if delegated), for example, to: (1) confirm complianc e status of stationary sources; (2) identify any stationary sources not subject to the requirements and identify stationary sources subject to the regulations; and (3) ensure that the stationary sou rce control requirements are being achieved. The information would be used by the EPA or tribal enfo rcement personnel to: (1) indentify stationary sources subject to the rules; (2) ensure that appro priate control technology is being properly applied ; and (3) ensure that the emission control devices are be ing properly operated and maintained on a continuou s basis. Based on the reported information, the EPA Administrator (or the delegated tribe) can decide which stationary sources, records or processes shou ld be inspected.

3. Nonduplication, Consultations, and Other Collection Criteria (a) Nonduplication. The EPA does not anticipate a significant additiona l burden on the respondents due to potentially duplicative recordkeeping or reporting requirements . Because the FBIR FIP applies to sources located in Indian country, other federal agencies may also have jurisdiction on the FBIR. The EPA reviewed other federal regulations and discussed potentially applicable requirements to the respondents with st aff

from other federal entities to determine if and whe n the possible duplication of information collectio n exists. The EPA has identified potentially minor d uplicative recordkeeping and reporting requirements with other federal regulations; however, we have de termined that some sources may not be subject to th e duplicative requirement or the duplication does not result in a significant burden to the respondents. The U.S. Department of Interior (DOI) has establish ed regulations that may apply to the respondents of the FBIR FIP. DOI jurisdiction diff ers from EPA’s jurisdiction under the CAA in that the applicability of DOI regulations is dependent o n the lease status of the land where the facility i s located. While DOI regulations do apply to a large majority of the respondents, oil and natural gas production facilities on the FBIR that are not oper ating on a federal or Indian oil and natural gas le ase are not subject to DOI regulations. Therefore, cer tain requirements of the FBIR FIP are only potentia lly duplicative as DOI regulations may not apply to all sources subject to the FBIR FIP. The FBIR FIP at §49.4166(a) requires owners and ope rators to measure the barrels of oil produced according to the methods specified in the Bureau of Land Management (BLM) Onshore Order

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#4, which also specifies that records of this measu rement be kept for six years. 3 

### This information is reported on a monthly basis to the Office of Natura l Resources Review (ONRR) through Form OGARA. 4

, 5 

### The FBIR FIP also requires recordkeeping of the b arrels of oil produced (see §49.4167(a)(1)). Additionally, the FIP requires owners and operators to keep records of the volume of produced natural gas sent to the control device (see §49.4167(a)(2)) , which is reported to the ONRR on a monthly basis through Form OGAR-B. 6 

### Although the FBIR FIP requires similar recordkeep ing, the information collected is not required to be submitted in the an nual report. This information would also be necess ary to be kept by the respondents as standard industry practice regardless of the FBIR FIP in order to determine applicability to federal CAA permitting r equirements. Therefore, these potentially duplicative recordkeeping requirements do not impos e any additional burden on the respondents and are not included as part of this ICR. The FBIR FIP requires owners and operators of oil a nd natural gas production facilities to submit an annual report each year (see §49.4168(b)). As p art of the annual report, the respondents are requi red to provide information about the date, time, durati on and location of well completion and recompletion operations performed during the reporting period, a s well as the first date of production for each oil and natural gas well. The EPA has determined that the location of well completion and recompletion operations and the first date of production are als o required to be reported to the BLM within 30 days following completion operations through Form 3160-4

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### However, the EPA believes this potentially duplicative information request is extremely minima l and does not pose a significant burden to the respondents. Although, the EPA would accept a copy of the submitted Form 3160-4 in lieu of any duplicated information required in the annual repor t for the FBIR FIP, we anticipate it will be easier for the respondents to separately include the location of the well completion or recompletion and first da te of production with the other information submitted in the annual report. The EPA has determined that the FBIR FIP requirements to report the date, time, and duration of flowback and venting during completion and recompletion operations are not dupl icative of any other DOI requirements that require

3 US Department of the Interior’s Bureau of Land Man agement at 43 CFR part 3160, in the “Onshore Oil an d Gas Operations; Federal and Indian Oil & Gas Leases; On shore Oil and Gas Order No. 4; Measurement of Oil.”
4 US Department of Interior’s Office of Natural Reso urces Revenue at 30 CFR 1210, “Forms and Reports”.
5 Oil and Gas Operating Report, Part A – Well Produc tion, OMB Control Number 1012-0004.
6 Oil and Gas Operating Report, Part B – Product Dis position, OMB Control Number 1012-0004.

7 Well Completion or Recompletion Report and Log, OM B Control Number 1004-0137.

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similar information during the production phase (i. e. as opposed to the completion phase requirements in the FBIR FIP). The EPA asserts that any potentially duplicative re cordkeeping or reporting requirements of the FBIR FIP are necessary for the Agency to ensure com pliance with the rule. We also note that the potential for duplication only exist for facilities subject to DOI requirements, which may not apply t o all facilities on the FBIR depending on the land lease status of the facility. The information submitted to BLM and ONRR is not publicly available and it would be extremely resource intensive for the federal agencies to share such a small component of informa tion relative to the total information the EPA is requesting under this ICR. Furthermore, much of th e information collected under this ICR is a customary and usual business practice for the respo ndents. The oil and natural gas industry maintains their own records of production operations as part of routine business operations. The recordkeeping and reporting requirements in the FBIR FIP have bee n minimized to the greatest extent practicable whil e still ensuring compliance with rule as an effort to reduce the regulatory burden on the respondents. Additionally, the FBIR FIP at §49.4164(f) exempts s ources subject to the storage tank control requirements of NSPS OOOO from the requirements of the FBIR FIP for the same affected equipment; therefore, there is no duplication with other EPA r egulations. (b) Public Notice Required Prior to ICR Submissio n to OMB. This section is not applicable because this is a ru le-related ICR. (c) Consultations. In developing the FBIR FIP, EPA performed a compreh ensive review of existing state rules and industry standards, as well as consulted with the T hree Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation, individual companies, and state and federal agencies. During the fall of 2011, multip le workshops were held with FBIR operators in Denver, Colorado to discuss the technical operations and potential permitting of oil and natural gas product ion facilities on the FBIR. The Agency’s industry experts, including staff from the Office of Air Qua lity Planning and Standards, also provided expert advice throughout the development of the FBIR FIP. Additionally, the EPA held a public hearing in New Town, North Dakota on September 12, 2012 during the 60-day public comment period. A summary of the consultations are presented in the t able below.

### 7 Organization Contact Person Enerplus Resources Tony Lucero Marathon Oil Company Rebecca Skiba

EOG Resources Curtis Rice QEP Resources Craig Brown WPX Energy Jodell Mizoue Slawson Exploration Company Ray Gorka XTO Energy John McMichael PetroHunt (MeGee Consulting) Mike MeGee
Three Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation Fred Fox

Bureau of Indian Affairs Jeffrey Hunt North Dakota Department of Health Jim Semerad Office of Air Quality Planning and Standards Bruce Moore

(d) Effects of Less Frequent Collection. Respondents must monitor all specified criteria at each affected facility and maintain these records for five years. The required reporting fre quency to EPA has been established to minimize the burden on owners and operators of affected faciliti es. (e) General Guidelines.

This collection of information is consistent with a ll OMB guidelines established by OMB at 5
CFR Part 1320, Section 1320.5. (f) Confidentiality. All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set fo rth in Title 40, Chapter 1, Part 2, Subpart B-- Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, Septe mber 28, 1978; 44 FR 17674, March 23, 1979). (g) Sensitive Questions. This section is not applicable because this ICR do es not involve matters of a sensitive nature.

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4. The Respondents and the Information Requested (a) Respondents/NAICS Codes. Potential respondents under the FBIR FIP are each o wner or operator constructing, modifying or operating an oil and natural gas production facilit y producing from the Bakken Pool with one or more oil and natural gas wells, for any one of which com pletion or recompletion operations are/were performed on or after August 12, 2007, that is loca ted on the FBIR. The North American Industry Classification System (NAICS) code for the oil and natural gas industry potentially subject to the FBI R FIP is 211111 (Crude Petroleum and Natural Gas Extr action). (b) Information Requested. (i) Data Items, Including Recordkeeping Requiremen ts. Recordkeeping Maintain records of the measured barrels of oil pro duced at the oil and natural gas production facility each time the oil is unloaded from the pro duced oil storage tanks 49.4167(a)(1)

Maintain records of the volume of produced natural gas sent to each enclosed combustor, utility flare, and pit flare 49.4167(a)(2)

Maintain records of the volume of natural gas emiss ions from the produced oil storage tanks and produced water storage tanks sent to each enclo sed combustor, utility flare, and pit flare 49.4167(a)(3)

Maintain records of each oil and natural gas well c ompletion operation and recompletion operation 49.4167(a)(4)

Maintain records of the written, site-specific desi gns, operating instructions, operating procedures and maintenance schedules for each enclo sed combustor, utility flare, and pit flare 49.4167(a)(5)(i)
Maintain records of all required monitoring of oper ations for each enclosed combustor, utility flare, and pit flare 49.4167(a)(5)(ii) Maintain records of any deviations from the operati ng parameters specified by the written sitespecific designs, operating instructions, and opera ting procedures 49.4167(a)(5)(iii) Maintain records of any instances in which the pilo t flame is not present, auto ignition system is not functioning, or the monitoring equipment is not functioning in the enclosed combustor, the utility flare, or the pit flare 49.4167(a)(5)(iv)

Maintain records of any instances in which a record ing device installed to record data from the enclosed combustor, utility flare, or pit flare is not operational 49.4167(a)(5)(v) Maintain records of any time periods in which visib le smoke emissions are observed emanating from the enclosed combustor, utility flar e, or pit flare 49.4167(a)(5)(vi)

Maintain records to demonstrate compliance with the use restrictions for pit flares 49.4167(a)(6) Maintain records of any instances in which any clos ed-vent system or control device was bypassed or down, the reason for each incident, its duration, and the corrective actions taken and any preventative measures adopted to avoid such bypasses or downtimes. 49.4167(a)(7)

Maintain records of the documentation of all produc ed oil storage tank and produced water storage tank inspections required in § 49.4166(e) a nd (f). 49.4167(a)(8)

Records retention requirements 49.4167(b), 49.1467 (c) 

### Notifications and Reporting Each owner and operator must submit an annual repor t containing the information specified in 49.4168(b)(1) through (4) 49.4168(b)

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(ii) Respondent Activities.

Respondent Activities Read instructions. Gather relevant information. Enter information required to be recorded above. Submit the required reports Develop, acquire, install, and utilize technology a nd systems for the purpose of collecting, validatin g, and verifying information Develop, acquire, install, and utilize technology a nd systems for the purpose of processing and maintaining information. Train personnel to be able to respond to a collecti on of information. Completing and reviewing the collection of informat ion Transmit, or otherwise disclose the information.

5. The Information Collected–Agency Activities, Col lection Methodology, and Information Management (a) Agency Activities. The Agency activities associated with the FBIR FIP are provided in Exhibit 2a, Exhibit 2b, and Exhibit 2c for each of the three years of this ICR (located at the end of this supporting statement) a nd are introduced in section 6(c). (b) Collection Methodology and Management

. Data and records maintained by the respondents are tabulated for internal use in compliance and enforcement programs of the EPA or delegated tribal agency. Records may be maintained by the respondents in hard copy or electronic format to al low flexibility and reduce the burden. As a furthe r effort to minimize the reporting burden, the FBIR F IP allows for the electronic submittal of annual reports via email to r8airreportenforcement@epa.gov . The FBIR FIP also allows owners/operators to submit one report for all of their affected facilit ies, thus reducing the burden for multiple reports. Additionally, owners/operators are allowed to submi t their annual reports required by the FBIR FIP at the same time as any required annual reports under the Title V operating permit program. The EPA Region 8 will continue to work with owners/operator s to streamline the recordkeeping and reporting process whenever possible.

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(c) Small Entity Flexibility. Minimizing the information collection burden for al l sizes of organizations is a continuing effort for the EPA. The impact on small entities (i.e., s mall businesses) was taken into consideration durin g the development of the regulation. EPA has tried t o reduce the impact of this rule on small entities by the selection of highly cost-effective controls and specifying monitoring requirements that are the minimum to insure compliance. (d) Collection Schedule

. The specific frequencies for each information coll ection activity within this request are shown in Exhibit 1a, Exhibit 1b, and Exhibit 1c: Respondent Burden of Reporting Recording Requirements, for the first three years after promulgation, respectiv ely. 6. Estimating the Burden and Cost of the Collect ion (a) Estimating Respondent Burden.

Exhibit 1a, Exhibit 1b, and Exhibit 1c document the computation of individual burdens for the recordkeeping and reporting requirements applicable to the respondents for the FBIR FIP included in this ICR for each of the first three years. The ta ble below contains a summary of the respondent burd en hours and costs detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.

Year Total Annual Labor Burden (hours) Total Annual Labor Cost ($)

1 22,213 $1,034,655

2 29,643 $1,380,745

3 37,109 $1,728,489

Total 88,965 $4,143,889

3-Year Average 29,655 $1,381,296



### (b) Estimating Respondent Costs

The information collection activities for the FBIR FIP are presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c. The total cost for each respondent activity includes labor costs and capital/startup costs. (i) Estimating Labor Costs

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This ICR uses the following labor rates: $48.23 per hour for technical labor, $58.33 per hour for management labor, and $24.19 per hour for clerical labor. These rates are from the Employer Costs for Employee Compensation published by the Bureau of Labor and Statistics an d represent the state of the industry in 2012 (Source: http://www.bls.gov/news. release/ecec.t02.htm). The rates are the total compensation rates and include the base rate for wa ges and salaries, as well as benefits such as paid leave, insurance, and retirement savings.

(ii) Estimating Capital and Operations and Mainten ance (O&M) Costs

Capital/startup and O&M costs associated with the F BIR FIP result from the requirement to monitor and record proper operation of the control device through the use of an auto igniter or continuous pilot flame, each equipped with a remote notification system, malfunction alarm, and continuous recording device. These costs were also included in the EPA’s preliminary cost analysis, which concluded the FBIR FIP is not a significant r egulatory action under Executive Order 12866. 8 

### The capital/startup costs and O&M costs specific to the auto igniter and continuous pilot flame are the average estimated costs that were provided to the E PA by two of the operators subject to the FBIR FIP. The capital/startup costs and O&M costs include the costs for the continuous pilot flame or auto ignit er,

in addition to the costs for the remote notificatio n system, malfunction alarm, and continuous recordi ng

device. Since the EPA has obtained information tha t an auto igniter or continuous pilot flame is typically already included with the control device, the EPA believes the estimated capital/startup and

O&M costs are conservative overestimates. Furtherm ore, the annual capital/startup and O&M costs is expected to decline due to group discounts on equip ment and increasing familiarity with the system components by the operators. The capital/startup c osts and O&M costs were annualized over the expected lifetime of the equipment. Since the esti mated lifetime of the equipment exceeds the 3-year period covered by this ICR, the annualized costs ar e included for each year. The table below shows th e expected capital/startup costs and O&M costs for th is ICR.

8 The technical support document for the FBIR FIP in cludes a more detailed explanation of the prelimina ry cost analysis for this action. It can be found in the docket for thi s rule, Docket ID: EPA-R08-OAR-2012-0479, which can be accessed at: http://www.regulations.gov

.

### 12 Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A) Continuous Monitoring Device (B) Capital/ Startup Cost for One Respondent (C)

Average Annual Number of Respondents (D)

Average Annual Capital/Startup Cost, (B×C) (E)

Annual O&M Costs for One Respondent

a (F) Average Number of Respondents with O&M b (G)

Total O&M,
(E×F)

Auto igniter or continuous pilot flame, each equipped with remote notification, malfunction alarm, and data recording device $3,470 623 $2,161,810 $4,750 623 $2,959,250

Assumptions:

a O&M costs reflect operation and maintenance of an auto igniter or continuous pilot flame, which is ty pically included as part of the control device. Therefore, the above costs are a conservative overestimation of actual costs.
b Capital/Startup and O&M costs for continuous contr ol device monitoring were already included in the c ost analysis for the FBIR FIP, as detailed in the technical support document for the rule.



### The average annual capital/startup costs for this I CR are $2,161,810. This is the total of column D in the above table. The average annual operation and maintenance (O&M) costs for this ICR are $2,959,250. This is the total of column G. Combin ed, the average annual cost for capital/startup and operation and maintenance costs to industry during the three year period of the ICR is estimated to be $5,121,060.

(c) Estimating Agency Burden and Cost

Because the information collection requirements we re developed as an incidental part of FIP development under Section 301 of the CAA, no costs can be attributed to the development of the information collection requirements. Since reporti ng and recordkeeping requirements on many of the respondents are potentially required under the oper ating permits rule in 40 CFR Part 71, no additional operational costs will be incurred by the Federal G overnment for these sources. Examination of record s to be maintained by the respondents will occur inci dentally as part of the periodic inspection of sour ces that is part of the EPA’s overall compliance and en forcement program, and, therefore, is not attributa ble to the ICR. The only costs that the Federal Govern ment will incur are user costs associated with the analysis of the reported information, as presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c. This co st is based on the average hourly labor rate as follows:

Managerial $90.16 (GS-14, Step 5, $56.35 + 60%)

Technical $67.33 (GS-13, Step 1, $42.08 + 60%)

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Clerical $34.05 (GS-7, Step 3, $21.28 + 60%)

These rates are from the Office of Personnel Manage ment (OPM), 2012 General Schedule, which includes locality rates of pay for EPA Region 8 employees in the Denver, Colorado. The rates have been increased by 60 percent to account for th e benefit packages available to government employees. Costs have been estimated in 2012 dolla rs for this ICR to be consistent with other costs ( i.e. control devices) estimated in the development of th e FBIR FIP.

(d) Estimating the Respondent Universe and Total Burden and Costs

It was estimated that an average of 466 facilities will be subject to the FBIR FIP requirements in the first year, 623 in the second year, and 780 in the third year during the 3-year period of this ICR

. These values are based on information provided by t he oil and natural gas operators subject to the FBI R FIP in the consent agreements and final orders 9 

### (CAFOs) finalized in August 2011. The EPA believe s this is an overestimation for future development an d that the number of facilities (respondents) will decline as lease spacing limitations for drilling a re met. For the FBIR FIP, the components of the t otal annual responses attributable to this ICR are recor dkeeping and reporting of an average of 623 entitie s by 10 owner/operators over the 3-year period. The number of total annual responses for the FBIR F IP is estimated as: 1,869 total respondents from 10 operators over the three year period.

Year Annual Number of Respondents

1 466

2 623 (157 new)

3 780 (157 new)

Total 1,869

9 The FBIR CAFOs are included in the docket for this rule, Docket ID: EPA-R08-OAR-2012-0479, which can be accessed at: http://www.regulations.gov

.

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(e) Bottom Line Burden Hours and Cost Tables

(i) Respondent tally

The bottom line respondent burden hours and costs, presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c are calculated by adding person-hours pe r year down each column for technical, managerial, and clerical staff, and by adding down the cost col umn. The average annual burden for the recordkeeping and reporting requirements for the 10 owners and operators that are subject to the FIP i s 29,655 person-hours, with an annual average cost of $6,502,356.

(ii) The Agency tally

The average annual Federal Government cost is $46,8 76 for 716 hours for the FBIR FIP. The bottom line Agency burden hours and costs presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c are calculated by adding person-hours per year down eac h column for technical, managerial, and clerical staff, and by adding down the cost column.

(iii) Variations in the annual bottom line

This section does not apply since no significant va riation is anticipated.

(f) Reasons for Change in Burden

This section does not apply because this is a new ICR.

(g) Burden Statement

The burden for this ICR is summarized in the table below.

Burden Average

Annual Number of Responses Average

Annual Labor Burden (hours) Average Annual Costs

Labor Costs Capital

Costs O&M Costs Total Annual Costs

Respondent 623 29,655 

### $1,381,296 $2,161,810 $2,959,250 $6,502,356

Agency NA 716 $46,876 $0 $0 $46,876

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The annual public reporting and recordkeeping burde n for this collection of information is estimated to average 47.6 hours per response. Burd en means the total time, effort, or financial resou rces expended by persons to generate, maintain, retain, or disclose or provide information to or for a fede ral agency. This includes the time needed to review in structions; develop, acquire, install, and utilize technology and systems for the purposes of collecti ng, validating, and verifying information, processi ng and maintaining information, and disclosing and pro viding information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this informati on, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPAR08-OAR-2012-0479. An electronic version of the pu blic docket is available at http://www.regulations.gov/ which may be used to ob tain a copy of the draft collection of information, submit or view public comments, access the index li sting of the contents of the docket, and to access those documents in the public docket that are avail able electronically. When in the system, select “search,” then key in the docket ID number identifi ed in this document. The documents are also available for public viewing at the EPA Region 8 Ai r Program Office, 1595 Wynkoop Street, Denver, Colorado. The EPA Region 8 is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. The EPA contact for the FBIR FIP is Deirdre Rothery and can be reached 303-312- 6431. Also, you can send comments to the Office o f Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washing ton, DC 20503, Attention: Desk Officer for

EPA. Please include the EPA Docket ID Number EPA-R 08-OAR-2012-0479 in any correspondence.

PART B

This section is not applicable because statistical methods are not used in data collection

associated with the final rule.(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)Person-Hoursper OccurrenceNumber ofOccurences perRespondentper YearPerson-HoursperRespondentper Year(A*B)Respondentsper YearTechnicalPerson-Hoursper Year(C*D)ManagerialPerson-Hoursper Year(0.05*E)Clerical PersonHours per Year(0.10*E)Capital/StartupCostaO&M CostaLabor CostbTotal Cost per YearContinous pilot or auto-ignition system with continousmonitoring/recordingc24 1 24 466 11,184 559 1,118 $3,470 $4,750 $599,077 $4,429,597A. Read InstructionsExisting sourcesd1 0.1 0.1 309 31 2 3 $0 $0 $1,655 $1,655New affected sourcese1 0.1 0 157 16 1 2 $0 $0 $841 $841B. Required ActivitiesMeasure barrels of oil producedf0 1 0 466 0 0 0 $0 $0 $0 $0Volume of produced natural gas sent to control devicef0 1 0 466 0 0 0 $0 $0 $0 $0Volume of natural gas emissions sent to control device 1 1 1 466 466 23 47 $0 $0 $24,962 $24,962Well completion and recompletion operations 2 1 2 466 932 47 93 $0 $0 $49,923 $49,923Control device monitoring and deviations 8 1 8 466 3,728186 373 $0 $0 $199,692 $199,692Restricted use of pit flaresg0.5 0.1 0 466 23 1 2 $0 $0 $1,248 $1,248Closed-vent system or control device not operatingg0.5 0.1 0 466 23 1 2 $0 $0 $1,248 $1,248Produced oil and water storage tank inspections 4 1 4 466 1,864 93 186 $0 $0 $99,846 $99,846Records retention requirements 0.25 1 0 466 117 6 12 $0 $0 $6,240 $6,240C. Train Personnel18,384 919 1,838 $3,470 $4,750A. Read InstructionsB. Required ActivitiesAnnual reporth20 0.1 2 466 932 47 93 $0 $0 $49,923 $49,923C. Create informationD. Gather existing informationE. Write report932 47 93 $0 $019,316 966 1,932 $3,470 $4,750Exhibit 1a. Year 1 Respondent Burden of Reportingand Recordkeeping RequirementsFederal Implementation Plan for Oil and Natural GasWell Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North DakotaYeardExisting sources in Year 1 are estimated to be 309oil and natural gas facilities. The operators reported that a total of 617 wells in the CAFO agreements would be constructed by the end of August 2012.Since we have determined typical oil and naturalgasproduction facilities average two-wells, our estimated number of sources subject to the FIP in August2012 is 309 facilities. Since there are 10 known owner/operators on the FBIR, the number of occurences per respondent has been reduced to 0.1 to provideaconservative estimate for anticipated operators subject to the requirements.gRecordkeeping only required under specific circumstances which are not expected to occur regularly ateach facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.hThe rule allows each owner/operator to submit a combined annual report for all of their respective facilities in 1 submittal once per year. Currently there are 10 known owners/operators subject to the FIP requirements. Therefore, we have reduced the number ofoccurences per respondent per year to 0.1 to conservatively account for 1 submittal per each owner/operator for all of facilities subject to the FIP.TOTAL REPORTING AND RECORDKEEPING LABOR AND COST22,213$4,865,175eNew sources for Year 1 are estimated to be 157 oiland natural gas facilities. The operators reported that a total of 314 wells in the CAFO agreementswould be constructed during a 1 year period from August 2011 to August 2012. Since we have determinedtypical oil and natural gas production facilities average two-wells, our estimated number of new sources subject to the FIP in Year 1 is 157 facilities.Since there are 10 known owner/operators on the FBIR, the number of occurences per respondent has beenreduced to 0.1 to provide a conservative estimate for anticipated operators subject to the requirements.cAnnual total capital investiment costs were determined using cost information and the appropriate CRFfactor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annualO&M cost specific to auto-ignition systems andcontinuous pilot flame systems were provided by the2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.Recordkeeping Requirement Subtotal21,141$4,815,252Reporting Requirement Subtotal$49,9231,072Included in 4A$8,220$0$8,220bCosts are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensationtotal compensation index which includes wages, salaries, and benefits. Costs are estimated using thefollowing hourly rates: technical at $48,management at $58, and clerical at $24. (Source:http://www.bls.gov/news.release/ecec.t02.htm)fBurden for recordkeeping of measured barrels of oiland produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004.aCapital and O&M Costs are per respondent (1 respondent = 1 oil and natural gas production facility)1. APPLICATIONS (Not Applicable)2. SURVEY AND STUDIES (Not Applicable)Included in 5BIncluded in 5BIncluded in 5B3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS4. RECORDKEEPING REQUIREMENTS5. REPORTING REQUIREMENTSIncluded in 3$385,656$49,923$1,034,655Exhibit 1b. Year 2 Respondent Burden of Reporting and Recordkeeping Requirements(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)Person-Hoursper OccurrenceNumber ofOccurences perRespondent perYearPerson-Hoursper Respondentper Year (A*B)Respondentsper YearTechnicalPerson-Hoursper Year(C*D)ManagerialPerson-Hoursper Year(0.05*E)Clerical PersonHours per Year(0.10*E)Capital/StartupCostaO&M CostaLabor CostbCost per YearContinous pilot or auto-ignition system with continousmonitoring/recordingc24 1 24 623 14,952 748 1,495 $3,470 $4,750 $800,911 $5,921,971A. Read InstructionsExisting sourcesd0 0 0 466 0 0 0 $0 $0 $0 $0New affected sourcese1 0.1 0 157 16 1 2 $0 $0 $841 $841B. Required ActivitiesMeasure barrels of oil producedf0 1 0 623 0 0 0 $0 $0 $0 $0Volume of produced natural gas sent to control devicef0 1 0 623 0 0 0 $0 $0 $0 $0Volume of natural gas emissions sent to control device 1 1 1 623 623 31 62 $0 $0 $33,371 $33,371Well completion and recompletion operations 2 1 2 623 1,246 62 125 $0 $0 $66,743 $66,743Control device monitoring and deviations 8 1 8 623 4,984249 498 $0 $0 $266,970 $266,970Restricted use of pit flaresg0.5 0.1 0 623 31 2 3 $0 $0 $1,669 $1,669Closed-vent system or control device not operatingg0.5 0.1 0 623 31 2 3 $0 $0 $1,669 $1,669Produced oil and water storage tank inspections 4 1 4 623 2,492 125 249 $0 $0 $133,485 $133,485Records retention requirements0.25 1 0 623 156 8 16 $0 $0 $8,343 $8,343C. Train Personnel24,531 1,227 2,453 $3,470 $4,750A. Read InstructionsB. Required ActivitiesAnnual reporth20 0.1 2 623 1,246 62 125 $0 $0 $66,743 $66,743C. Create informationD. Gather existing informationE. Write report1,246 62 125 $0 $025,777 1,289 2,578 $3,470 $4,750Included in 5BIncluded in 5BIncluded in 5BfBurden for recordkeeping of measured barrels of oiland produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004.gRecordkeeping only required under specific circumstances which are not expected to occur regularly ateach facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.hThe rule allows each owner/operator to submit a combined annual report for all of their respective facilities in 1 submittal once per year. Currently there are 10 known owners/operators subject to the FIP requirements. Therefore, we have reduced the number ofoccurences per respondent per year to 0.1 to conservatively account for 1 submittal per each owner/operator for all of facilities subject to the FIP.Reporting Requirement Subtotal$66,7431,433$66,743cAnnual total capital investiment costs were determined using cost information and the appropriate CRFfactor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annualO&M cost specific to auto-ignition systems andcontinuous pilot flame systems were provided by the2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.dExisting sources in Year 2 are estimated to be 466oil and natural gas facilities based on the information provided by the owner/operators in the CAFO agreements. There is no cost for existing sources to read instructions because it is covered under theprioryear.eNew sources for Year 2 are estimated to be 157 oiland natural gas facilities. The operators reported in the CAFO agreements that 314 wells would be constructed during Year 1. We have determined typical oil and natural gas production facilities averagetwowells and our estimated number of new sources subject to the FIP in Year 2 is 157 facilities. Since there are 10 known owner/operators on the FBIR, thenumber of occurences per respondent has been reduced to 0.1 to provide a conservative estimate foranticipated operators subject to the requirements.bCosts are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensationtotal compensation index which includes wages, salaries, and benefits. Costs are estimated using thefollowing hourly rates: technical at $48,management at $58, and clerical at $24. (Source:http://www.bls.gov/news.release/ecec.t02.htm)Included in 4A4. RECORDKEEPING REQUIREMENTSRecordkeeping Requirement Subtotal$6,435,06228,2105. REPORTING REQUIREMENTS$513,091Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North DakotaIncluded in 3$8,220Year1. APPLICATIONS (Not Applicable)2. SURVEY AND STUDIES (Not Applicable)3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS$0$8,220aCapital and O&M Costs are per respondent (1 respondent = 1 oil and natural gas production facility)TOTAL REPORTING AND RECORDKEEPING LABOR AND COST$6,501,80529,643$1,380,745Exhibit 1c. Year 3 Respondent Burden of Reporting and Recordkeeping Requirements(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)Person-Hoursper OccurrenceNumber ofOccurences perRespondent perYearPerson-Hoursper Respondentper Year (A*B)Respondentsper YearTechnicalPerson-Hoursper Year(C*D)ManagerialPerson-Hoursper Year(0.05*E)Clerical PersonHours per Year(0.10*E)Capital/StartupCostaO&M CostaLabor CostbCost per YearContinous pilot or auto-ignition system with continousmonitoring/recordingc24 1 24 780 18,720 936 1,872 $3,470 $4,750 $1,002,746 $7,414,346A. Read InstructionsExisting sourcesd0 0 0 623 0 0 0 $0 $0 $0 $0New affected sourcese1 0.1 0 157 16 1 2 $0 $0 $841 $841B. Required ActivitiesMeasure barrels of oil producedf0 1 0 780 0 0 0 $0 $0 $0 $0Volume of produced natural gas sent to control devicef0 1 0 780 0 0 0 $0 $0 $0 $0Volume of natural gas emissions sent to control device 1 1 1 780 780 39 78 $0 $0 $41,781 $41,781Well completion and recompletion operations 2 1 2 780 1,560 78 156 $0 $0 $83,562 $83,562Control device monitoring and deviations 8 1 8 780 6,240312 624 $0 $0 $334,249 $334,249Restricted use of pit flaresg0.5 0.1 0 780 39 2 4 $0 $0 $2,089 $2,089Closed-vent system or control device not operatingg0.5 0.1 0 780 39 2 4 $0 $0 $2,089 $2,089Produced oil and water storage tank inspections 4 1 4 780 3,120 156 312 $0 $0 $167,124 $167,124Records retention requirements0.25 1 0 780 195 10 20 $0 $0 $10,445 $10,445C. Train Personnel30,709 1,535 3,071 $3,470 $4,750A. Read InstructionsB. Required ActivitiesAnnual reporth20 0.1 2 780 1,560 78 156 $0 $0 $83,562 $83,562C. Create informationD. Gather existing informationE. Write report1,560 78 156 $0 $032,269 1,613 3,227 $3,470 $4,750Included in 5BIncluded in 5BIncluded in 5BfBurden for recordkeeping of measured barrels of oiland produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004.gRecordkeeping only required under specific circumstances which are not expected to occur regularly ateach facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.hThe rule allows each owner/operator to submit a combined annual report for all of their respective facilities in 1 submittal once per year. Currently there are 10 known owners/operators subject to the FIP requirements. Therefore, we have reduced the number ofoccurences per respondent per year to 0.1 to conservatively account for 1 submittal per each owner/operator for all of facilities subject to the FIP.Reporting Requirement Subtotal$83,5621,794$83,562cAnnual total capital investiment costs were determined using cost information and the appropriate CRFfactor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annualO&M cost specific to auto-ignition systems and continuouspilot flame systems were provided by the 2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.dExisting sources in Year 3 are estimated to be 623oil and natural gas facilities based on the information provided by the owner/operators in the CAFO agreements. There is no cost for existing sources to read instructions because it is covered under theprior year.eNew sources for Year 3 are estimated to be 157 oiland natural gas facilities. The operators reported in the CAFO agreements that 314 wells would be constructed during Year 1. We have determined typical oil and natural gas production facilities averagetwo-wellsand our estimated number of new sources subject tothe FIP in Year 3 is 157 facilities. Since there are 10 known owner/operators on the FBIR, the numberof occurences per respondent has been reduced to 0.1 to provide a conservative estimate for anticipatedoperators subject to the requirements.bCosts are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensationtotal compensation index which includes wages, salaries, and benefits. Costs are estimated using thefollowing hourly rates: technical at $48, managementat $58, and clerical at $24. (Source: http://www.bls.gov/news.release/ecec.t02.htm)Included in 4A4. RECORDKEEPING REQUIREMENTSRecordkeeping Requirement Subtotal$8,056,52735,3155. REPORTING REQUIREMENTS$642,181Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North DakotaIncluded in 3$8,220Year1. APPLICATIONS (Not Applicable)2. SURVEY AND STUDIES (Not Applicable)3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS$0$8,220aCapital and O&M Costs are per respondent (1 respondent = 1 oil and natural gas production facility)TOTAL REPORTING AND RECORDKEEPING LABOR AND COST$8,140,08937,109$1,728,489Exhibit 2a. Year 1 Agency Burden and Cost(A) (B) (C) (D) (E) (F) (G) (H)EPA HoursperOccurrenceNumber ofOccurencesperRespondentper YearEPA HoursperRespondentper Year(A*B)Respondentsper YearEPATechnicalHours perYear (C*D)EPAManagerialHours perYear (0.05*E)EPA ClericalHours perYear (0.10*E)EPA Cost perYearaREPORTING REQIUREMENTSReview annual reportsb1 1 1 466 466 23 47 $35,063466 23 47Total Annual HoursbAssumes 466 oil and natural gas production facilities will submit annual reports in Year 1.aCosts are based on January 2012 Office of Personnel Management salary table for General Schedule (GS)federal employees including locality payment of 22.52% for the Denver,Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management at $90, and clerical at $34.Activity - Year 1$35,063536Federal Implementation Plan for Oil and Natural GasWell Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, andArikara Nation), North DakotaExhibit 2b. Year 2 Agency Burden and Cost(A) (B) (C) (D) (E) (F) (G) (H)EPA HoursperOccurrenceNumber ofOccurencesperRespondentper YearEPA HoursperRespondentper Year(A*B)Respondentsper YearEPATechnicalHours perYear (C*D)EPAManagerialHours perYear (0.05*E)EPA ClericalHours perYear (0.10*E)EPA Cost perYearaREPORTING REQIUREMENTSReview annual reportsb1 1 1 623 623 31 62 $46,876623 31 62Federal Implementation Plan for Oil and Natural GasWell Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, andArikara Nation), North DakotabAssumes 623 oil and natural gas production facilities will submit annual reports in Year 2.Total Annual Hours$46,876716aCosts are based on January 2012 Office of Personnel Management salary table for General Schedule (GS)federal employees including locality payment of 22.52% for the Denver,Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management at $90, and clerical at $34.Activity - Year 2Exhibit 2c. Year 3 Agency Burden and Cost(A) (B) (C) (D) (E) (F) (G) (H)EPA HoursperOccurrenceNumber ofOccurencesperRespondentper YearEPA HoursperRespondentper Year(A*B)Respondentsper YearEPATechnicalHours perYear (C*D)EPAManagerialHours perYear (0.05*E)EPA ClericalHours perYear (0.10*E)EPA Cost perYearaREPORTING REQIUREMENTSReview annual reportsb1 1 1 780 780 39 78 $58,690780 39 78Federal Implementation Plan for Oil and Natural GasWell Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, andArikara Nation), North DakotabAssumes 780 oil and natural gas production facilities will submit annual reports in Year 3.Total Annual Hours$58,690897aCosts are based on January 2012 Office of Personnel Management salary table for General Schedule (GS)federal employees including locality payment of 22.52% for the Denver,Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management at $90, and clerical at $34.Activity - Year 3