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 (Renewal)

Part A of the Supporting Statement

1. Identification of the Information Collection

(a) Title and Number of the Information Collection.

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold 

Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota (Renewal)

EPA tracking number 2478.02, OMB Control Number 2008-0001.

(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 Fort Berthold Indian Reservation Federal Implementation Plan (FBIR FIP). The 

information collected will be used by the EPA and delegated tribal agencies to determine the compliance 

status of sources subject to the rule.

On March 22, 2013 (78 FR 17858), the EPA promulgated a final FIP for oil and natural gas well 

production sources operating on the 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. 

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 

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

formations.
2

oil, natural gas, and water. A well completion or recompletion means the process that allows for the 

flowback of oil and natural gas from newly drilled or re-fractured 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 or recompletion 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. 

The Office of Management and Budget (OMB) approved the currently active ICR without any 

“Terms of Clearance.”

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 

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 

 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. 
3

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.

(b) Use/Users of the Data.

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

delegated) 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) identify 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 
4

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 the 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 

#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 

OGAR-A.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 

 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.
5

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 

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 exists 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 the 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.

An announcement of a public comment period for the renewal of this ICR was published in 

the Federal Register (80 FR 70200) on November 13, 2015. One comment was received during the 

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

comment period however, upon review, this comment was determined to be non-substantive and 

unrelated to the renewal of this ICR.

(c) Consultations.

The Agency has consulted industry experts and internal data sources in the development and 

implementation of the FBIR FIP and ICR. The primary source of information for the renewal of this

ICR are the annual reports, which are submitted by industry to the EPA in compliance with the 

recordkeeping and reporting provisions in the FIP. These annual reports contain information on the 

date, time, duration, and location of well completion and recompletion operations and were used to 

calculate an industry growth rate for the purposes of the ICR. In the development stage, the EPA 

reviewed existing state and industry standards, and consulted with the Three Affiliated Tribes of the 

Mandan, Hidatsa, and Arikara Nation, industry, and state and federal agencies. The EPA held numerous 

workshops to provide industry and other interested parties an opportunity to comment on all aspects of

the FBIR FIP and ICR including technical operations, burden and costs, and the permitting process. 

Specific information concerning industry growth and costs associated with the ICR were obtained from 

the following companies:

Organization Contact Person

Enerplus Resources Corporation Tony Lucero

EOG Resources, Inc. Curtis Rice

QEP Resources, Inc. Craig Brown

Slawson Exploration Company, Inc. Ray Gorka

WPX Energy, Inc. Jodell Mizoue

XTO Energy, Inc. John McMichael

Additionally, the EPA consulted with its own internal industry experts to verify the accuracy of the 

burden and costs numbers generated for the renewal of this ICR. 

(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 the EPA has been established to minimize 

the burden on owners and operators of affected facilities. 
7

(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 EPA for which a claim of confidentiality is made will be 

safeguarded according to the EPA 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.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes.

Potential respondents under the FBIR FIP are owners or operators 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)
8

Recordkeeping

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)

(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 to review, analyze, and maintain the 

annual reports required to be submitted by industry. Section 6(c) provides further detail into the Agency 

activities related with the FBIR FIP.

(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. 
9

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. 

(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. The 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 and Recordkeeping 

Requirements. 

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

Exhibit 1a, Exhibit 1b, and Exhibit 1c document the calculation 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 next three years. The table below contains a summary of the respondent burden 

labor hours detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.

Year

Total Annual Labor Burden 

(hours)

1 37,995

2 44,436

3 50,951

Total 133,382

3-Year Average 44,461

(b) Estimating Respondent Costs.

The respondent costs for the information collection activities in the FBIR FIP are presented in

Exhibit 1a, Exhibit 1b, and Exhibit 1c. The total cost for each respondent activity includes labor costs, 

capital/startup costs, and operations and maintenance costs. 
10

(i) Estimating Labor Costs. 

This ICR uses the following labor rates: 

Managerial $65.92

Technical $50.69

Clerical $25.13

These rates are from the Employer Costs for Employee Compensation published by the 

Department of Labor, Bureau of Labor and Statistics, September 2015, “Table 2. Civilian Workers, by 

occupational and industry group.” (Source: http://www.bls.gov/news.release/ecec.toc.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. The table below contains a summary of the respondent 

labor costs detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.

Year Total Annual Labor Cost ($)

1 $1,866,699

2 $2,183,104

3 $2,503,205

Total $6,553,008

3-Year Average $2,184,336

(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 was 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 were 

provided to the EPA by operators subject to the FBIR FIP. These initial capital/startup costs and O&M 

costs included 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

obtained information that an auto igniter or continuous pilot flame is typically already included with the 

 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.
11

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 are expected to decline due to 

group discounts on equipment and increasing familiarity with the system components by the operators. 

The initial capital/startup 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 renewal ICR, those initial 

annualized capital/startup costs are included for each year of this renewal. The table below shows the 

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

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

$3,470 926 $3,213,220 $5,002 926 $4,631,852

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 $3,213,220. This is the total of column D in the 

above table. The average annual operation and maintenance (O&M) costs for this ICR are $4,631,852. 

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 $7,845,072. 

(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:
12

Managerial $93.20 (GS-14, Step 5, $58.25 + 60%)

Technical $69.60 (GS-13, Step 1, $43.50 + 60%)

Clerical $35.20 (GS-7, Step 3, $22.00 + 60%)

These rates are from the Office of Personnel Management (OPM), 2016 General Schedule, 

which includes locality rates of pay for the 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. The table below contains a summary of the agency labor costs detailed in Exhibit 2a, 

Exhibit 2b, and Exhibit 2c.

Year Agency Total Annual Labor 

Cost ($)

1 $61,446

2 $72,024

3 $82,602

Total $216,072

3-Year Average $72,024

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

It was estimated that an average of 790 facilities will be subject to the FBIR FIP requirements in 

the first year, 926 in the second year, and 1,062 in the third year during the 3-year period of this ICR. 

These numbers are based on information provided by oil and natural gas operators in the required annual 

reports for reporting years 2012, 2013, and 2014 as well as information from 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 926 entities by 10 owner/operators over the 3-year 

period. 

The number of total annual responses for the FBIR FIP is estimated as: 2,778 total respondents 

from 10 operators over the three year period. The average number of annual responses is 926. 

Year Annual Number of Respondents

1 790

 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.
13

2 926 (136 new)

3 1,062 (136 new)

Total 2,778

(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 

44,461 person-hours, with an annual average cost of $10,029,408. 

(ii) The Agency tally. 

The average annual EPA cost is $72,024 for an average of 1,065 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.

For both the respondent and the EPA, there is an increase in the total estimated labor burden and 

total estimated annual costs as currently identified in the OMB Inventory of Approved Burdens. There 

is an increase of 14,806 hours in the total estimated respondent burden compared with the ICR currently 

approved by OMB. This increase is due to the anticipated industry growth projected to occur over the 

next three year period of this ICR. In the initial creation of this program, the capital/O&M costs were 

annualized over 10 years. This is the second ICR package and it will cover years 4, 5, and 6 of this 10 

year period. The annual estimates over 10 years, along with the anticipated industry growth, explain for 

the increase in cost. The anticipated industry growth comes from an estimated annual increase of 136 

facilities each year. Additionally, the EPA updated the respondent and the agency labor costs to reflect 

current rates referenced from the Bureau of Labor Statistics and the Office of Personnel Management.
14

(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 926 44,461 $2,184,336 $3,213,220 $4,631,852 $10,029,408

Agency NA 1,065 $72,024 $0 $0 $72,024

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

estimated to average 48 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 the 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, which is available for online viewing at www.regulations.gov, or in person 

viewing at the Office of Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA 

West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 

The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the OEI 

Docket is (202) 566-1752. An electronic version of the public docket is available 

at www.regulations.gov. This site can be used to submit or view public comments, access the index 

listing of the contents of the public 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 
15

identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, 

Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk 

Officer for EPA. Please include the EPA Docket ID Number EPA-R08-OAR-2012-0479 and OMB 

Control Number 2008-0001 in any correspondence. 

Part B of the Supporting Statement

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 Costa,i Labor Costb Total Cost per Year

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

c 24 1 24 790 18,960 948 1,896 $3,470 $5,002 $1,071,221 $7,763,903.54

A. Read Instructions

Existing sources

d 1 0.1 0.1 654 65 3 7 $0 $0 $3,695 $3,695

New affected sources

e 1 0.1 0 136 14 1 1 $0 $0 $768 $768

B. Required Activities

Measure barrels of oil produced

f 0 1 0 790 0 0 0 $0 $0 $0 $0

Volume of produced natural gas sent to control device

f 0 1 0 790 0 0 0 $0 $0 $0 $0

Volume of natural gas emissions sent to control device 1 1 1 790 790 40 79 $0 $0 $44,634 $44,634Well completion and recompletion operations 2 1 2 790 1,580 79 158 $0 $0 $89,268 $89,268Control device monitoring and deviations 8 1 8 790 6,320 316 632 $0 $0 $357,074 $357,074Restricted use of pit flares

g 0.5 0.1 0 790 40 2 4 $0 $0 $2,232 $2,232

Closed-vent system or control device not operating

g 0.5 0.1 0 790 40 2 4 $0 $0 $2,232 $2,232

Produced oil and water storage tank inspections 4 1 4 790 3,160 158 316 $0 $0 $178,537 $178,537Records retention requirements 0.25 1 0 790 198 10 20 $0 $0 $11,159 $11,159

C. Train Personnel

31,166 1,558 3,117 $3,470 $5,002

A. Read Instructions B. Required Activities

Annual report

h 20 0.1 2 937 1,874 94 187 $0 $0 $105,879 $105,879

C. Create informationD. Gather existing informationE. Write report

1,874 94 187 $0 $0

33,040 1,652 3,304 $3,470 $5,002

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

$689,599$105,879

$1,866,699

Recordkeeping Requirement Subtotal 35,840 $8,453,502

Reporting Requirement Subtotal $105,879 2,155

Included in 4A

$8,472

$0

$8,472

b Costs are based on September 2015 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 $51, management 

at $66, and clerical at $25. (Source: http://www.bls.gov/news.release/ecec.toc.htm)

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 654 oil and natural gas facilities. This number was calculated using the initial estimated number of existing sources subject to the FIP in August 2012 of 309 facilities, and adding the number of new facilities reported to the EPA in the 2012-2014 annual reports.

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.

i O&M costs were adjusted from 2012 dollars to 2015 dollars for the ICR renewal

TOTAL REPORTING AND RECORDKEEPING LABOR AND COST

37,995 $8,559,381

e New sources for Year 1 are estimated to be 136 oil and natural gas facilities. The new facilities estimated in the initial ICR was 157. The average number of new facilities reported to EPA in the 2012-2014 annual reports was 115. The average of these two numbers 

is 136.

c Annual total capital investment 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 component" cost for the monitoring requirements in this FIP.
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 

Person-Hours 

per 

Respondent 

per Year 

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,i Labor Costb Cost p

Continous pilot or auto-ignition system with continous monitoring/recordingc 24 1 24 926 22,224 1,111 2,222 $3,470 $5,002 $1,255,634 $9,10

A. Read Instructions

Existing sourcesd 0 0 0 790 0 0 0 $0 $0 $0 $

New affected sourcese 1 0.1 0 136 14 1 1 $0 $0 $768 $7

B. Required Activities

Measure barrels of oil producedf 0 1 0 926 0 0 0 $0 $0 $0 $

Volume of produced natural gas sent to control devicef 0 1 0 926 0 0 0 $0 $0 $0 $Volume of natural gas emissions sent to control device 1 1 1 926 926 46 93 $0 $0 $52,318 $52Well completion and recompletion operations 2 1 2 926 1,852 93 185 $0 $0 $104,636 $104Control device monitoring and deviations 8 1 8 926 7,408 370 741 $0 $0 $418,545 $418Restricted use of pit flaresg 0.5 0.1 0 926 46 2 5 $0 $0 $2,616 $2,

Closed-vent system or control device not operatingg 0.5 0.1 0 926 46 2 5 $0 $0 $2,616 $2,Produced oil and water storage tank inspections 4 1 4 926 3,704 185 370 $0 $0 $209,272 $209Records retention requirements 0.25 1 0 926 232 12 23 $0 $0 $13,080 $13

C. Train Personnel

36,452 1,823 3,645 $3,470 $5,002

A. Read Instructions B. Required Activities

Annual reporth 20 0.1 2 1,094 2,188 109 219 $0 $0 $123,620 $123

C. Create informationD. Gather existing informationE. Write report

2,188 109 219 $0 $0

38,640 1,932 3,864 $3,470 $5,002

$0

$8,472

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 $10,0

44,436 $2,183,104

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

$8,472

Year 

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

Included in 4A

4. RECORDKEEPING REQUIREMENTS

Recordkeeping Requirement Subtotal $9,90

41,919

5. REPORTING REQUIREMENTS

$803,851

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 

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.

i O&M costs were adjusted from 2012 dollars to 2015 dollars for the ICR renewal

Reporting Requirement Subtotal $123

2,516 $123,620

c Annual total capital investment 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 system

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

d Existing sources in Year 2 are estimated to be 790 oil and natural gas facilities based on Year 1 numbers. 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 136 oil and natural gas facilities. The new facilities estimated in the initial ICR was 157. The average number of new facilities reported to EPA in the 2012-2014 annual reports was 115. The average of th

two numbers is 136.

b Costs are based on September 2015 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 

management at $66, and clerical at $25. (Source: http://www.bls.gov/news.release/ecec.toc.htm)
Exhibit 1c. Year 3 Respondent Burden of Reporting and Recordkeeping Requirements 

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

Person-Hours 

per Occurrence

Number of 

Occurences 

per 

Respondent 

Person-Hours 

per 

Respondent 

per Year 

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,i Labor Costb C

Continous pilot or auto-ignition system with continous monitoring/recordingc 24 1 24 1,062 25,488 1,274 2,549 $3,470 $5,002 $1,440,047 ##

A. Read Instructions

Existing sourcesd 0 0 0 926 0 0 0 $0 $0 $0 

New affected sourcese 1 0.1 0 136 14 1 1 $0 $0 $768 

B. Required Activities

Measure barrels of oil producedf 0 1 0 1,062 0 0 0 $0 $0 $0 

Volume of produced natural gas sent to control devicef 0 1 0 1,062 0 0 0 $0 $0 $0 Volume of natural gas emissions sent to control device 1 1 1 1,062 1,062 53 106 $0 $0 $60,002 Well completion and recompletion operations 2 1 2 1,062 2,124 106 212 $0 $0 $120,004 Control device monitoring and deviations 8 1 8 1,062 8,496 425 850 $0 $0 $480,016 Restricted use of pit flaresg 0.5 0.1 0 1,062 53 3 5 $0 $0 $3,000 

Closed-vent system or control device not operatingg 0.5 0.1 0 1,062 53 3 5 $0 $0 $3,000 Produced oil and water storage tank inspections 4 1 4 1,062 4,248 212 425 $0 $0 $240,008 Records retention requirements 0.25 1 0 1,062 266 13 27 $0 $0 $15,000 

C. Train Personnel

41,803 2,090 4,180 $3,470 $5,002

A. Read Instructions B. Required Activities

Annual reporth 20 0.1 2 1,251 2,502 125 250 $0 $0 $141,360 

C. Create informationD. Gather existing informationE. Write report

2,502 125 250 $0 $0

44,305 2,215 4,431 $3,470 $5,002

$0

$8,472

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 $

50,951 $2,503,205

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

$8,472

Year 

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

Included in 4A

4. RECORDKEEPING REQUIREMENTS

Recordkeeping Requirement Subtotal $

48,074

5. REPORTING REQUIREMENTS

$921,798

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 

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.

i O&M costs were adjusted from 2012 dollars to 2015 dollars for the ICR renewal

Reporting Requirement Subtotal 

2,877 $141,360

c Annual total capital investment 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 system

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

d Existing sources in Year 3 are estimated to be 926 oil and natural gas facilities based on Year 2 numbers. 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 136 oil and natural gas facilities. The new facilities estimated in the initial ICR was 157. The average number of new facilities reported to EPA in the 2012-2014 annual reports was 115. The average of th

numbers is 136.

b Costs are based on September 2015 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 

management at $66, and clerical at $25. (Source: http://www.bls.gov/news.release/ecec.toc.htm)
Exhibit 2a. Year 1 Agency Burden and Cost

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

EPA Hours 

per 

Occurrence

Number of 

Occurences 

per 

Respondent 

EPA Hours 

per 

Respondent 

per Year 

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 1 790 790 40 

790 40 

Activity - Year 1

909

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Ma

Arikara Nation), North Dakota

Total Annual Hoursb Assumes 790 oil and natural gas production facilities will submit annual reports in Year 1.a Costs are based on January 2016 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment 

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $70, managem
Exhibit 2b. Year 2 Agency Burden and Cost

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

EPA Hours 

per 

Occurrence

Number of 

Occurences 

per 

Respondent 

EPA Hours 

per 

Respondent 

per Year 

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 1 926 926 46 

926 46 

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Ma

Arikara Nation), North Dakota

b Assumes 926 oil and natural gas production facilities will submit annual reports in Year 2.

Total Annual Hours 

1,065

a Costs are based on January 2016 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment 

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $70, managem

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 

EPA Hours 

per 

Respondent 

per Year 

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 1,062 1,062 53 

1,062 53 

Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Ma

Arikara Nation), North Dakota

b Assumes 1,062 oil and natural gas production facilities will submit annual reports in Year 3.

Total Annual Hours 

1,221

a Costs are based on January 2016 Office of Personnel Management salary table for General Schedule (GS) federal employees including locality payment 

Colorado area and have been increased by 60% to account for benefit packages. Costs are estimated using the following rates: technical at $70, managem

Activity - Year 3