SUPPORTING STATEMENT 

ENVIRONMENTAL PROTECTION AGENCY 

Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well 

Production Facilities; Fort Berthold Indian Reservation (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 Reservation (Mandan, Hidatsa, and Arikara Nation), North 

Dakota (40 CFR Part 49, Subpart K, §§49.4161 through 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 Facilities; 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 information collected will be used by EPA and delegated tribal 

agencies to determine the compliance status of sources subject to the rule. 

On August 15, 2012 (77 FR 48878), the EPA promulgated an interim final FIP for oil and natural 

gas well production sources operating on the Fort Berthold 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, 2007), new, or modified oil and natural gas production

facility that is located on the FBIR and producing from the Bakken Pool1

 with one or more oil and 

natural gas wells, any one of which a well completion or recompletion operation is/was initiated on or

after August 12, 2007. 

 

1

 The Bakken Pool is defined as a compilation of crude oil formations consisting of Bakken, Sanish and Three Forks 

formations. 
2

The potential respondents are owners or operators of oil and natural gas production facilities 

found throughout the FBIR. For the purposes of the FBIR FIP, an oil and natural gas production facility 

consists of all the air pollution emitting units and activities located on or integrally connected to one or 

more oil and natural gas wells that are necessary for production operations and storage operations. An 

oil and natural gas well is a single well that extracts subsurface reservoir fluids containing a mixture 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 drilling and reservoir fluids and tests the reservoir flow 

characteristics, which may vent produced hydrocarbons 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 facility. The completion date is considered the date that 

construction at an oil and natural gas production facility has commenced. The recompletion date is 

considered the date that a modification has occurred at an oil and natural gas production facility. 

In general, owners or operators are required to maintain 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 oil and natural gas well completion or recompletion 

conducted during the reporting period, and a summary of all instances where construction or operation 

was not performed in compliance with the requirements of the FBIR FIP during the reporting period. 

These reports and records are essential in determining compliance, and are required of all sources 

subject to the FBIR FIP. 

We estimate that 10 operators and 780 oil and natural gas production facilities will be subject to 

this FIP over the next three years. The oil and natural gas production facilities subject to this rule will 

incur approximately 29,655 hours in annual monitoring, 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 29,655 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 operating 

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 
3

promulgate regulations as necessary to protect tribal air resources. Promulgating the FBIR FIP 

addresses an important initial step to fill a regulatory gap between state and federal requirements with 

regard to controlling volatile organic compound (VOC) 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 OOOO and NESHAP HH)2

, that establishes air 

pollution control regulations for the particular oil and natural gas production operations that exist on the 

FBIR. This is in contrast to oil and natural gas operations off the Reservation, which are governed by 

the North Dakota Department of Health (NDDoH) regulations 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, recordkeeping, and reporting. 

In addition, section 114(a) states that the Administrator 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 procedures or 

methods, at such locations, at such intervals, during such periods, 

and in such manner as the Administrator shall prescribe); 

• keep records on control equipment parameters, production 

variables or other indirect data when direct monitoring 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 Performance Standards and National Emission Standards for Hazardous Air 

Pollutants Review, Final Rule” Federal Register 77:159 (16 August 2012) p. 49490. 
4

(b) Use/Users of the Data.

 These records and reports are necessary for the EPA Administrator (or the tribal agency if 

delegated), for example, to: (1) confirm compliance 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 source control requirements are being achieved. The 

information would be used by the EPA or tribal enforcement personnel to: (1) indentify stationary 

sources subject to the rules; (2) ensure that appropriate control technology is being properly applied; and 

(3) ensure that the emission control devices are being properly operated and maintained on a continuous 

basis. Based on the reported information, the EPA Administrator (or the delegated tribe) can decide 

which stationary sources, records or processes should be inspected. 

3. Nonduplication, Consultations, and Other Collection Criteria 

(a) Nonduplication.

The EPA does not anticipate a significant additional 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 staff 

from other federal entities to determine if and when the possible duplication of information collection 

exists. The EPA has identified potentially minor duplicative recordkeeping and reporting requirements

with other federal regulations; however, we have determined that some sources may not be subject to the 

duplicative requirement or the duplication does not result in a significant burden to the respondents. 

The U.S. Department of Interior (DOI) has established regulations that may apply to the 

respondents of the FBIR FIP. DOI jurisdiction differs from EPA’s jurisdiction under the CAA in that 

the applicability of DOI regulations is dependent on the lease status of the land where the facility is 

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 operating on a federal or Indian oil and natural gas lease 

are not subject to DOI regulations. Therefore, certain requirements of the FBIR FIP are only potentially 

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 operators to measure the barrels of oil 

produced according to the methods specified in the Bureau of Land Management (BLM) Onshore Order 
5

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

 This information is 

reported on a monthly basis to the Office of Natural Resources Review (ONRR) through Form OGARA.4

,

5

 The FBIR FIP also requires recordkeeping of the barrels 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 recordkeeping, the information 

collected is not required to be submitted in the annual report. This information would also be necessary 

to be kept by the respondents as standard industry practice regardless of the FBIR FIP in order to 

determine applicability to federal CAA permitting requirements. Therefore, these potentially 

duplicative recordkeeping requirements do not impose any additional burden on the respondents and are 

not included as part of this ICR. 

The FBIR FIP requires owners and operators of oil and natural gas production facilities to submit 

an annual report each year (see §49.4168(b)). As part of the annual report, the respondents are required 

to provide information about the date, time, duration and location of well completion and recompletion

operations performed during the reporting period, as 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 also required to be reported to the BLM within 30 days

following completion operations through Form 3160-4.

7

 However, the EPA believes this potentially 

duplicative information request is extremely minimal 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 report 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 date 

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 duplicative of any other DOI requirements that require 

 

3

 US Department of the Interior’s Bureau of Land Management at 43 CFR part 3160, in the “Onshore Oil and Gas 

Operations; Federal and Indian Oil & Gas Leases; Onshore Oil and Gas Order No. 4; Measurement of Oil.”

4

 US Department of Interior’s Office of Natural Resources Revenue at 30 CFR 1210, “Forms and Reports”. 

5

 Oil and Gas Operating Report, Part A – Well Production, OMB Control Number 1012-0004. 

6

 Oil and Gas Operating Report, Part B – Product Disposition, OMB Control Number 1012-0004. 

7

 Well Completion or Recompletion Report and Log, OMB Control Number 1004-0137. 
6

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 recordkeeping or reporting requirements of the 

FBIR FIP are necessary for the Agency to ensure compliance with the rule. We also note that the 

potential for duplication only exist for facilities subject to DOI requirements, which may not apply to 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 information relative to the total information the EPA is 

requesting under this ICR. Furthermore, much of the information collected under this ICR is a 

customary and usual business practice for the respondents. 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 been minimized to the greatest extent practicable while 

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 sources 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 regulations. 

(b) Public Notice Required Prior to ICR Submission to OMB. 

This section is not applicable because this is a rule-related ICR. 

(c) Consultations. 

In developing the FBIR FIP, EPA performed a comprehensive review of existing state rules and 

industry standards, as well as consulted with the Three Affiliated Tribes of the Mandan, Hidatsa, and 

Arikara Nation, individual companies, and state and federal agencies. During the fall of 2011, multiple 

workshops were held with FBIR operators in Denver, Colorado to discuss the technical operations and 

potential permitting of oil and natural gas production facilities on the FBIR. The Agency’s industry 

experts, including staff from the Office of Air Quality 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 table 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 frequency to EPA has been established to minimize the 

burden on owners and operators of affected facilities. 

(e) General Guidelines. 

This collection of information is consistent with all 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 forth 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, September 28, 1978; 44 FR 17674, March 23, 1979).

(g) Sensitive Questions. 

 This section is not applicable because this ICR does not involve matters of a sensitive nature. 
8

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes. 

Potential respondents under the FBIR FIP are each owner or operator constructing, modifying or 

operating an oil and natural gas production facility producing from the Bakken Pool with one or more 

oil and natural gas wells, for any one of which completion or recompletion operations are/were 

performed on or after August 12, 2007, that is located on the FBIR. The North American Industry 

Classification System (NAICS) code for the oil and natural gas industry potentially subject to the FBIR 

FIP is 211111 (Crude Petroleum and Natural Gas Extraction). 

(b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements. 

Recordkeeping 

Maintain records of the measured barrels of oil produced at the oil and natural gas production 

facility each time the oil is unloaded from the produced 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 emissions from the produced oil storage tanks 

and produced water storage tanks sent to each enclosed combustor, utility flare, and pit flare 49.4167(a)(3) 

Maintain records of each oil and natural gas well completion operation and recompletion 

operation 49.4167(a)(4) 

Maintain records of the written, site-specific designs, operating instructions, operating 

procedures and maintenance schedules for each enclosed combustor, utility flare, and pit flare 49.4167(a)(5)(i) 

Maintain records of all required monitoring of operations for each enclosed combustor, utility 

flare, and pit flare 49.4167(a)(5)(ii) 

Maintain records of any deviations from the operating parameters specified by the written sitespecific designs, operating instructions, and operating procedures 49.4167(a)(5)(iii) 

Maintain records of any instances in which the pilot 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 recording 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 visible smoke emissions are observed 

emanating from the enclosed combustor, utility flare, 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 closed-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 produced oil storage tank and produced water 

storage tank inspections required in § 49.4166(e) and (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 report containing the information specified in 

49.4168(b)(1) through (4) 49.4168(b) 
9

(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 and systems for the purpose of collecting, validating, and 

verifying information 

Develop, acquire, install, and utilize technology and systems for the purpose of processing and 

maintaining information. 

Train personnel to be able to respond to a collection of information. 

Completing and reviewing the collection of information 

Transmit, or otherwise disclose the information. 

5. The Information Collected–Agency Activities, Collection 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) and 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 allow flexibility and reduce the burden. As a further 

effort to minimize the reporting burden, the FBIR FIP 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 facilities, thus reducing the burden for multiple reports. 

Additionally, owners/operators are allowed to submit 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/operators to streamline the recordkeeping and reporting 

process whenever possible. 

 
10

(c) Small Entity Flexibility. 

Minimizing the information collection burden for all sizes of organizations is a continuing effort 

for the EPA. The impact on small entities (i.e., small businesses) was taken into consideration during 

the development of the regulation. EPA has tried to 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 collection 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, respectively. 

6. Estimating the Burden and Cost of the Collection 

(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 table below contains a summary of the respondent burden 

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 
11

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 and 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 wages and salaries, as well as benefits such as paid 

leave, insurance, and retirement savings. 

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs 

Capital/startup and O&M costs associated with the FBIR 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 regulatory 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 EPA 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 igniter, 

in addition to the costs for the remote notification system, malfunction alarm, and continuous recording 

device. Since the EPA has obtained information that 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. Furthermore, the annual capital/startup and O&M costs is 

expected to decline due to group discounts on equipment and increasing familiarity with the system 

components by the operators. The capital/startup costs and O&M costs were annualized over the 

expected lifetime of the equipment. Since the estimated lifetime of the equipment exceeds the 3-year 

period covered by this ICR, the annualized costs are included for each year. The table below shows the 

expected capital/startup costs and O&M costs for this ICR. 

 

8

 The technical support document for the FBIR FIP includes a more detailed explanation of the preliminary cost analysis for 

this action. It can be found in the docket for this 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 typically 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 control device monitoring were already included in the cost analysis for the FBIR 

FIP, as detailed in the technical support document for the rule. 

The average annual capital/startup costs for this ICR 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. Combined, 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 were 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 reporting and recordkeeping requirements on many of the 

respondents are potentially required under the operating permits rule in 40 CFR Part 71, no additional

operational costs will be incurred by the Federal Government for these sources. Examination of records 

to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources 

that is part of the EPA’s overall compliance and enforcement program, and, therefore, is not attributable 

to the ICR. The only costs that the Federal Government will incur are user costs associated with the 

analysis of the reported information, as presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c. This cost 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%) 
13

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

These rates are from the Office of Personnel Management (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 the benefit packages available to government 

employees. Costs have been estimated in 2012 dollars for this ICR to be consistent with other costs (i.e. 

control devices) estimated in the development of the 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 the oil and natural gas operators subject to the FBIR 

FIP in the consent agreements and final orders9

 (CAFOs) finalized in August 2011. The EPA believes 

this is an overestimation for future development and that the number of facilities (respondents) will 

decline as lease spacing limitations for drilling are met. For the FBIR FIP, the components of the total 

annual responses attributable to this ICR are recordkeeping and reporting of an average of 623 entities 

by 10 owner/operators over the 3-year period. 

The number of total annual responses for the FBIR FIP 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. 
14

 (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 per year down each column for technical, managerial, 

and clerical staff, and by adding down the cost column. The average annual burden for the 

recordkeeping and reporting requirements for the 10 owners and operators that are subject to the FIP is 

29,655 person-hours, with an annual average cost of $6,502,356. 

(ii) The Agency tally 

The average annual Federal Government cost is $46,876 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 each 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 variation 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 
15

The annual public reporting and recordkeeping burden for this collection of information is 

estimated to average 47.6 hours per response. Burden means the total time, effort, or financial resources 

expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal 

agency. This includes the time needed to review instructions; develop, acquire, install, and utilize 

technology and systems for the purposes of collecting, validating, and verifying information, processing 

and maintaining information, and disclosing and providing 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 information, 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 public docket is available at 

http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information,

submit or view public comments, access the index listing of the contents of the docket, and to access 

those documents in the public docket that are available electronically. When in the system, select 

“search,” then key in the docket ID number identified in this document. The documents are also 

available for public viewing at the EPA Region 8 Air 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 of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for 

EPA. Please include the EPA Docket ID Number EPA-R08-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-Hours 

per Occurrence

Number of 

Occurences per 

Respondent 

per Year

Person-Hours 

per 

Respondent 

per Year 

(A*B)

Respondents 

per Year

Technical 

Person-Hours 

per Year 

(C*D)

Managerial 

Person-Hours 

per Year 

(0.05*E)

Clerical PersonHours per Year 

(0.10*E)

Capital/Startup 

Cost

a O&M Cost

a Labor Costb Total Cost per Year

Continous pilot or auto-ignition system with continous monitoring/recording

c 24 1 24 466 11,184 559 1,118 $3,470 $4,750 $599,077 $4,429,597

A. Read Instructions

Existing sources

d 1 0.1 0.1 309 31 2 3 $0 $0 $1,655 $1,655

New affected sources

e 1 0.1 0 157 16 1 2 $0 $0 $841 $841

B. Required Activities

Measure barrels of oil produced

f 0 1 0 466 0 0 0 $0 $0 $0 $0

Volume of produced natural gas sent to control device

f 0 1 0 466 0 0 0 $0 $0 $0 $0

Volume 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 3,728 186 373 $0 $0 $199,692 $199,692Restricted use of pit flares

g 0.5 0.1 0 466 23 1 2 $0 $0 $1,248 $1,248

Closed-vent system or control device not operating

g 0.5 0.1 0 466 23 1 2 $0 $0 $1,248 $1,248

Produced 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 $6,240

C. Train Personnel

18,384 919 1,838 $3,470 $4,750

A. Read Instructions B. Required Activities

Annual report

h 20 0.1 2 466 932 47 93 $0 $0 $49,923 $49,923

C. Create informationD. Gather existing informationE. Write report

932 47 93 $0 $0

19,316 966 1,932 $3,470 $4,750

Exhibit 1a. Year 1 Respondent Burden of Reporting and Recordkeeping Requirements Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota

Year 

d Existing sources in Year 1 are estimated to be 309 oil 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 natural gas 

production facilities average two-wells, our estimated number of sources subject to the FIP in August 2012 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 provide a 

conservative estimate for anticipated operators subject to the requirements. 

g Recordkeeping only required under specific circumstances which are not expected to occur regularly at each facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.h The 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 of 

occurences 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 COST

22,213 $4,865,175

e New sources for Year 1 are estimated to be 157 oil and natural gas facilities. The operators reported that a total of 314 wells in the CAFO agreements would 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 been 

reduced to 0.1 to provide a conservative estimate for anticipated operators subject to the requirements. 

c Annual total capital investiment costs were determined using cost information and the appropriate CRF factor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annual O&M cost specific to auto-ignition systems and 

continuous pilot flame systems were provided by the 2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.

Recordkeeping Requirement Subtotal 21,141 $4,815,252

Reporting Requirement Subtotal $49,923 1,072

Included in 4A

$8,220

$0

$8,220

b Costs are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensation total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $48, 

management at $58, and clerical at $24. (Source: http://www.bls.gov/news.release/ecec.t02.htm)

f Burden for recordkeeping of measured barrels of oil and produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004. a Capital 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 5B

3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS 4. RECORDKEEPING REQUIREMENTS5. REPORTING REQUIREMENTS

Included in 3

$385,656

$49,923

$1,034,655
Exhibit 1b. Year 2 Respondent Burden of Reporting and Recordkeeping Requirements 

(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)

Person-Hours 

per Occurrence

Number of 

Occurences per 

Respondent per 

Year

Person-Hours 

per Respondent 

per Year (A*B)

Respondents 

per Year

Technical 

Person-Hours 

per Year 

(C*D)

Managerial 

Person-Hours 

per Year 

(0.05*E)

Clerical PersonHours per Year 

(0.10*E)

Capital/Startup 

Costa O&M Costa Labor Costb Cost per Year

Continous pilot or auto-ignition system with continous monitoring/recordingc 24 1 24 623 14,952 748 1,495 $3,470 $4,750 $800,911 $5,921,971

A. Read Instructions

Existing sourcesd 0 0 0 466 0 0 0 $0 $0 $0 $0

New affected sourcese 1 0.1 0 157 16 1 2 $0 $0 $841 $841

B. Required Activities

Measure barrels of oil producedf 0 1 0 623 0 0 0 $0 $0 $0 $0

Volume of produced natural gas sent to control devicef 0 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 4,984 249 498 $0 $0 $266,970 $266,970Restricted use of pit flaresg 0.5 0.1 0 623 31 2 3 $0 $0 $1,669 $1,669

Closed-vent system or control device not operatingg 0.5 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 requirements 0.25 1 0 623 156 8 16 $0 $0 $8,343 $8,343

C. Train Personnel

24,531 1,227 2,453 $3,470 $4,750

A. Read Instructions B. Required Activities

Annual reporth 20 0.1 2 623 1,246 62 125 $0 $0 $66,743 $66,743

C. Create informationD. Gather existing informationE. Write report

1,246 62 125 $0 $0

25,777 1,289 2,578 $3,470 $4,750

Included in 5BIncluded in 5BIncluded in 5B

f Burden for recordkeeping of measured barrels of oil and produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004. g Recordkeeping only required under specific circumstances which are not expected to occur regularly at each facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.h The 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 of occurences 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 $66,743 1,433 $66,743

c Annual total capital investiment costs were determined using cost information and the appropriate CRF factor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annual O&M cost specific to auto-ignition systems and 

continuous pilot flame systems were provided by the 2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.

d Existing sources in Year 2 are estimated to be 466 oil 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 the prior 

year.

e New sources for Year 2 are estimated to be 157 oil and 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 average twowells 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, the number of occurences per respondent has been reduced to 0.1 to provide a conservative estimate for 

anticipated operators subject to the requirements. 

b Costs are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensation total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $48, 

management at $58, and clerical at $24. (Source: http://www.bls.gov/news.release/ecec.t02.htm)

Included in 4A

4. RECORDKEEPING REQUIREMENTS

Recordkeeping Requirement Subtotal $6,435,062 28,210

5. REPORTING REQUIREMENTS

$513,091

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

Included in 3

$8,220

Year 

1. APPLICATIONS (Not Applicable)2. SURVEY AND STUDIES (Not Applicable)3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS 

$0

$8,220

a Capital and O&M Costs are per respondent (1 respondent = 1 oil and natural gas production facility) 

TOTAL REPORTING AND RECORDKEEPING LABOR AND COST $6,501,805 29,643 $1,380,745
Exhibit 1c. Year 3 Respondent Burden of Reporting and Recordkeeping Requirements 

(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K)

Person-Hours 

per Occurrence

Number of 

Occurences per 

Respondent per 

Year

Person-Hours 

per Respondent 

per Year (A*B)

Respondents 

per Year

Technical 

Person-Hours 

per Year 

(C*D)

Managerial 

Person-Hours 

per Year 

(0.05*E)

Clerical PersonHours per Year 

(0.10*E)

Capital/Startup 

Costa O&M Costa Labor Costb Cost per Year

Continous pilot or auto-ignition system with continous monitoring/recordingc 24 1 24 780 18,720 936 1,872 $3,470 $4,750 $1,002,746 $7,414,346

A. Read Instructions

Existing sourcesd 0 0 0 623 0 0 0 $0 $0 $0 $0

New affected sourcese 1 0.1 0 157 16 1 2 $0 $0 $841 $841

B. Required Activities

Measure barrels of oil producedf 0 1 0 780 0 0 0 $0 $0 $0 $0

Volume of produced natural gas sent to control devicef 0 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 6,240 312 624 $0 $0 $334,249 $334,249Restricted use of pit flaresg 0.5 0.1 0 780 39 2 4 $0 $0 $2,089 $2,089

Closed-vent system or control device not operatingg 0.5 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 requirements 0.25 1 0 780 195 10 20 $0 $0 $10,445 $10,445

C. Train Personnel

30,709 1,535 3,071 $3,470 $4,750

A. Read Instructions B. Required Activities

Annual reporth 20 0.1 2 780 1,560 78 156 $0 $0 $83,562 $83,562

C. Create informationD. Gather existing informationE. Write report

1,560 78 156 $0 $0

32,269 1,613 3,227 $3,470 $4,750

Included in 5BIncluded in 5BIncluded in 5B

f Burden for recordkeeping of measured barrels of oil and produced natural gas vented to flare is covered under another ICR for OMB Control Number 1012-0004. g Recordkeeping only required under specific circumstances which are not expected to occur regularly at each facility. The number of occurences per respondent per year has been reduced to 0.1 to reflect this assumption.h The 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 of 

occurences 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 $83,562 1,794 $83,562

c Annual total capital investiment costs were determined using cost information and the appropriate CRF factor for the life expectancy of equipment provided by 2 of the FBIR operators. Additionaly, annual O&M cost specific to auto-ignition systems and continuous 

pilot flame systems were provided by the 2 operators. There is no "purchase of services componenet" cost for the monitoring requirements in this FIP.

d Existing sources in Year 3 are estimated to be 623 oil 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 the prior year.

e New sources for Year 3 are estimated to be 157 oil and 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 average two-wells and our estimated number of new sources subject to the FIP in Year 3 is 157 facilities. Since there are 10 known owner/operators on the FBIR, the number of occurences per respondent has been reduced to 0.1 to provide a conservative estimate for anticipated 

operators subject to the requirements. 

b Costs are based on September 2012 Bureau of Labor Statistics, Employer Costs for Employee Compensation total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $48, management 

at $58, and clerical at $24. (Source: http://www.bls.gov/news.release/ecec.t02.htm)

Included in 4A

4. RECORDKEEPING REQUIREMENTS

Recordkeeping Requirement Subtotal $8,056,527 35,315

5. REPORTING REQUIREMENTS

$642,181

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

Included in 3

$8,220

Year 

1. APPLICATIONS (Not Applicable)2. SURVEY AND STUDIES (Not Applicable)3. ACQUISITION, INSTALLATION, AND UTILIZATION OF TECHNOLOGY AND SYSTEMS 

$0

$8,220

a Capital and O&M Costs are per respondent (1 respondent = 1 oil and natural gas production facility) 

TOTAL REPORTING AND RECORDKEEPING LABOR AND COST $8,140,089 37,109 $1,728,489
Exhibit 2a. Year 1 Agency Burden and Cost

(A) (B) (C) (D) (E) (F) 

EPA Hours 

per 

Occurrence

Number of 

Occurences 

per 

Respondent 

per Year

EPA Hours 

per 

Respondent 

per Year 

(A*B)

Respondents 

per Year

EPA 

Technical 

Hours per 

Year (C*D)

EPA 

Managerial 

Hours per 

Year (0.05*E)

REPORTING REQIUREMENTS 

Review annual reportsb 1 1 1 466 466 23 

466 23 

Total Annual Hours

b Assumes 466 oil and natural gas production facilities will submit annual reports in Year 1.a Costs are based on January 2012 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment of 2

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management 

Activity - Year 1

536

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (MandArikara Nation), North Dakota
Exhibit 2b. Year 2 Agency Burden and Cost

(A) (B) (C) (D) (E) (F) 

EPA Hours 

per 

Occurrence

Number of 

Occurences 

per 

Respondent 

per Year

EPA Hours 

per 

Respondent 

per Year 

(A*B)

Respondents 

per Year

EPA 

Technical 

Hours per 

Year (C*D)

EPA 

Managerial 

Hours per 

Year (0.05*E)

REPORTING REQIUREMENTS 

Review annual reportsb 1 1 1 623 623 31 

623 31 

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (MandArikara Nation), North Dakota

b Assumes 623 oil and natural gas production facilities will submit annual reports in Year 2.

Total Annual Hours 

716

a Costs are based on January 2012 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment of 2

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management 

Activity - Year 2
Exhibit 2c. Year 3 Agency Burden and Cost

(A) (B) (C) (D) (E) (F) 

EPA Hours 

per 

Occurrence

Number of 

Occurences 

per 

Respondent 

per Year

EPA Hours 

per 

Respondent 

per Year 

(A*B)

Respondents 

per Year

EPA 

Technical 

Hours per 

Year (C*D)

EPA 

Managerial 

Hours per 

Year (0.05*E)

REPORTING REQIUREMENTS 

Review annual reportsb 1 1 1 780 780 39 

780 39 

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (MandArikara Nation), North Dakota

b Assumes 780 oil and natural gas production facilities will submit annual reports in Year 3.

Total Annual Hours 

897

a Costs are based on January 2012 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment of 2

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $67, management 

Activity - Year 3