UNITED TATE E VIRONM**~NTAL** PROTECTIO AGE C 

### HE ION 8 

## 2011 UG 29 : 

## IB 1595 WY KOOP TREET D R1 0 80202-1129 Phone 800-227-8917 bttp://www.epa.go /region08 00 KET 0.: -08-2011-0027

IN THE MATTER OF';

L: P TTED HAWK D V tLOP iNT, AND :HD OIL & GAS, LL 

### Respondent ) ) ) ) ) ) ) ) R ER ,RA TI**~JL** OF AN ELECTRO JC rOiNS,F,NT AG REE FINAL ORDER

Pur 

### uant to 40 C.F.R. §22.13(b) 

### and 22.18, 

### ofEPA S 

### onsolidated Rul s ofPractic , the 'on'ent 

### Agr emenl resolving thi matter

### is her by 

### approved an incorporated by r fercnce into this -inalOrder. Th R pondent is hereby OR RED to 

### comply with all 

### ofth' terms o1'th

'ol1"cnl 

### Agreem nt 

### clTcctive imm uiatcly up n r ccipt by R>sp nd 'nt orthis**'on~** 

### nt 

### Agr m nt 

### and final rder. This court will accept the lectronic filing ofthe Consent Agreement in 

### tlli matter at tIus time. however 

### the Parties are to file 

### the original Consent 

### Agreement witbin seven days of i suanCl: 

### rthi. OnJ r.


### The Pani arc 

### hereby ORDERED 

### to comply with all 

### ofthe terms ofthis Order, 

### effective immediately upon receiptby 

### Partie of

### thi Order

.



# .'0 ORO RED THI

# eYCr~ Da of

# Clu-guafEIyana 

### R. • 11 

### Regional Judicial Officer,2011UNITED STATES ENVIRONMENTAL I'ROTECTION AGEN<NII 

### AUG 29 PII 3: \8 REGION 8 DocketNO.-CAA=08-20l J-0027 Inthe Mauerof: SParrED HAWK DEVELDPMI'NT. LLC ) 

## & ) SHD OIL & GAS, LLC ) ) Respondent. ADMINISTRATIVE COMPLAJNT AND CONSENT AGREEMENT

AUTlJORITY The United States Environmental Protection Agency, Region 8 (EPA orComplainant) is issuing Ihis AdminiSlmlive Complaintand Consent Agreement (Agreement) to Spotted HawkDevelopment, LLC and SHD Oil & Oas, LLC (Respondents) pursuant to Sections 113(a)(3) and 113(d)(I) ofthe Clean AirAet(CAA Orlhe Act), 42 U.S.C. § 7413(a)(3) and §7413(d)(I). The AdministralOrofthe EI'A hns the authority 10 enter into this Agreement and that authority has been property delegated to the 

### undersigned EPA official. A. STATUTORY AND REGULATORY BACKGROUND I. On June 19. 1978. EPA promulgated the Prevention

# orSignificant DClcrionllion (PSD) regulations pursuant to Subtitle I. Part Coflhe Act. 43 Fed. Reg. 26403. EPA revised the PSD regulations 00 several occasions including August 7, 1980 (45 Fed. Reg. 52676) and December31,2002 (67 Fed. Reg. 80186). '!'hese regulations are codified at 40 C.F.R. Part 52. 2. Tenns used in this Agreemcnll.hat are defined in the Act or in regulations promulgated pursuant to the Act shall have the meanings assign.ed to them therein, unless otherwise provided in this Agreement. 3. Theemission sources to which lhis Agreement relates arc in "'ndian COWltry" as defined 3t 18 U.S.C. § 1151. The locations ofthe emission sources are identified in Appendix A. 4. Section 165(a) ofthe Act. 42 U.S,C. 

### §7475(a), and the PSD regulations implementing Part Cat 40 C,F.R. 

### § 52.21 (a)(2Xiii), prohibit a major stationary source from commencing construction or major modification ofamajor stationary source without apenniI which states thatthe majorstationary source or

### modjfication would meet the requirements of40 

### C.F.R. § 52.210) through tr). 5. 40 C.F.R. §52.21 (b)(5) defines a "stationary 

### source" as, any building, structure, facility 

### or installation 

### which emits ormay emit a

### regulated PSD pollutant. 6. 40 C.F.R. § 52.21(b)(1)(iXb) defines a "majorstationary source" as, among o'herthings, any sta,ionlU)' source that emits, orhos the potential to emit, 250 Ions JX:ryear 

### or more orany rcgultncd PSD pollutant.7. On July 1,2011, EPA promulgated final rules titled "ReviewofNew Sources and Modifications 

### in Indian Country." (Tril"'l MinorNSR Rule) 76 Fed. Reg. 38748·808 (July 1,2011) (10 be codified at 40 C.F.R. Parts 49 and 5J). Tbe final rules are effective onAugu5I 30. 20JI. 76 Fed. Reg. al 38748. Once**cffcctiv~.** the rules allow, among other things. lorasynLhetic minor source pemlit to 

### be issued to un otherwise majorsource thathas taken 

### arestriction. enforceable 

### as a legal and practical matter. so that the source's potcntial to emit is less than the amounts for majorsources. 8. This proceeding is governed by the Consolidatcd Rules ofPractice Governing the AdminisLratjve Assessment ofCivil Penalties. and the Revocation, Tennination orSuspension ofPermits (Consolidatcd RuIL'S) set fortb al40 C,F.R. Part 22. Tbe U.S. DepartmentofJuslice bas concurred witb EPA Region 8's requcst for authorization to commence all administrative enforcement action in this matter. 9. 'Ibis Agreement is voluntarily entered into by the EPA and the Respondent for the purpose of simultaneously commencing and concluding this matter, as authori7..ed by40 C.f.R. § 22.13(b), and exccoted porsoant to 40 C.F.R. § 22.18(b)(2) and (3) oftbe Consolidated Rules. U. INTRODUCTORY PROVISIONS I. This Agreementuddresscs 

### aunique situation in that the Respondent is unable to obtain an effective synlhetic minor source 

### permit from EPA prior to commencingconslnlction because, 

### pursuant to the new TribaJ Minor NSR Rule, Ule authority to issue such permits hegins August 3D, 2011, 

### 2. This Agreement is entered into by EPA and Respondent to settle alleged violations and allow ReSpOndents to comply as ex.peditiously as possible with !.he requirements ofthe CAA, sp<..-cifically PSD, ofcertain 

### Bakken FonnaLion Oil and 

### Gas Emission Sources (emission sources) owned and/oroperated by Respondent. located within the exterior boundaries ofthe Fort Berthold Indian Reservation in Norol Dakota 

### as described in Appendix A. 3. Respondent admits thejurisdiction!Ll allegations in this Agreement but docs nol admit lhe specific factual allegalions or legal conclusions made by lhc Complainanl herein. 4. Respondent waives its rights to uhearing before<lny tribunal and to contest any issue oflaw orfact set forth in Ihis Agreement. 5. Complainant asserts that scttlement oftltis maller is in the public interest. Complainant and Respondcnt a.gree that resolving this matter without f\lrthcr litigation and without adjudication ofany issue offact or law is appropriate. 6. This Agrt:t:mcnl, which includes Appendices Aand B, upon incorporation into a Final Order, applics 10 and is binding upon EllA and upon Respondent, and Respondent's officers, directors, employees, agents, Successors and assigns.
27. Tltis Agrccmemcontains all terms ofthe settlementagreed to bythe EPA and Respondent.



### C. ALLEGED VIOLATIONS I. Respondent is II limited liability corporation and therefore auperson" as defined in section 302(c) ofthe CAA. 42 U.S.C. § 7602(e). 2. Respondent owns and/oroperates Lhe emission sources described in Appendix A. 

### J. Complainant alleges that Respondent violated Lhc CAA by construcling each oflhe major stationary sources identified in Appendix A, Table**A~I** without first Obtaining aPSO 

### permit pursuant to 40 C.F'.R. § 52.21. 

### O. REQUIREMENTS UNIJER TIns AGREEMENT The EPA and Respondent. by their undersigned representatives, hcreby consent and agree as follows: I. Jlennitting

n. Withinoneyearofthc effectivedate ofthis Agreement for all Existing Emission Sources listed 

### in Appendix A, Table A-I, Respondent shall submit to EPA 

### acomplete synthetic minor source permitapplication under EPA's Tribal Minor

### NSR Rule. 

### IfRespondent determines thai 3n emission source was incorrectly included in Appendix A, Table A-I, it may notify EPA ofthat fact by October (4.2011. In this circumstance, Paragraph F.13 below shall apply. b. By October I, 20II. Respondeot shall submit to EPA acomplete synthetic minor source pennit application fOf New Emission Sources listed in AppendixA, Table A-2 that 

### will commence: construction during the period staning August 3),2011, and ending December31, 2011. c. rly November 1,20II, Respondent shall submilto EPA acomplete synthetic minor source pennit application for New Emission Sources listed in Appendix A. Table A·] that will commenceconstruction during the pcriod startingJanuary I, 2012, and endingMlirch 31,2012. d. By January 1,2012. Respondent shall submit to EPA a complete synthetic minor source pennil application for New Emission Sources listed in Appendix A, Table A·4 that will commence construction during the period starting April 1, 2012, and ending June 30, 2012. e. Any emission SQurces rorwhich construction 

### will**comm~ncc** IlncrJune 3U. 2012. ure 110t**~ubjcct** to this Agreement and Re)']>Ondcnt Olust obtain an**clr~ctiw.** Synthc,licminQr source pennit from E1)A orcomply with lhl: provisions of40C.F.R. §52.21 prior 10 commencing construction. 

## r. Inclusion nfoll emission source listed in Appendix A. Table 1\.2, A·J or A·4 does not predudc Respondcnt from commencing conslructjon oflh.'ll emission source nficrthe dale spi."Cifi«1 in lhe relevant 1'1Irngmph D.l.b.o. and dabove However. all suehemission sources must commencc construction priorto June 30, 2012. g. ifthose emission sources listed in Appendix A, Tables A·2, A·3, and/or A·4 do not commenCe )

### constnlction by June 30, 2012, then they nre therefore not subject to Section Dofthis Agreement. 2. Control Requirements

a. Forall Existing Emission Sources listed in Appendix A, Table A-I, the Respondent shall comply with lhe requirements ofAppendix 13 by no laterthan December I, 20II. b. Forall New Emission Sources listed in Appendix A, Tables A-2. A-3, and A4 the Respondent shall comply with Lhe requirementS orAppendix B upon stan-up orproduction. Emission sources that receive an effective synthetic minor source penniLbefore commencing construction are not subject to the requirements ofthis Agreement. 3. Notification Respondent shall nOli

## ry the EPA on the last business day ofeach month ofall ofthe emission sources subject to this Agreementthat COmmenceconstruction i.n the previous month. Respondent shall also notify the EPA whether those emission sources are meeting the control requirements as required by Appendix B and whether they have received an effective synthetic minor Source pennit. This notice shall also include nIis( ofemissions sources that are removing a98% control device and using a90% control device as outlined in Appendix B. Unless otherwise specified herein, whenever Respondent's notification, submissions, or communication are required by this Agreemenl, they shall be 

### made electronically ormailed to the following: CynthiaJ. 

### Reynolds. Director U

.. EPA Region 8 (8ENF.Al) Air & 

### Toxics Technical Enforcement Program 1595 Wynkoop Sl. Denver, CO 80208-1129 revnolds.cvnthia(Q);cpa.gov E. CIVIL PENALTY 

### 1. Pursuant to an analysis ofthe facts and circumstances ofthis case with the statutory factors described in seclion 113(d)(J)(B) ofthe CM, 43 U.S.C. §7413(d)(1)(B), EPA has detcrmined that an appropriate civil penalty to settle this action is the amount of$3.000 peremission source listed in Appendix A ror a lotal of$15,000. 2. Rcspondcnl consents to the issuance ofa rinal Order and consents for the purpose ofsettlement to lhe paymentofthe civiJ penaJty in the manner described below in this paragraph:

4

### 8. Payment is due within 90 calendardays from 

### tJle date oftile Final Order, to be issued by the EPA's Regional JlIdicial Officer, that adopts this Administrative Camplaim and Consent Agreement. Ifthe due dale falls on a weekend or legal federal holiday, then the due date becomes the next business duy. The date the payment is made is considered to be the date processed by the Bank described below. Payments received by t 1:00 AM are processed on the nexl 

### businessduy. b. The paymern shaU be made by remitting acashier's orcertified check, includingthe nwne nnd docket number ofthis case, for the calculutcd amount, payable to "Treasurer. United States of America;' to: CHECK PAYMENT: US Environmental Protection Agency Fines and Penalties Cincinnati Finance Cenler PO Box 979077 SI. Louis, MO 63197-9000 OVERNIGHT MAIL: U,S, Bank 1005 Convention Plaza 

### Mail Station SL-MO-C2GL

I. Louis. MO 63101 Contact: Natalie**Pe~rson** 314-418-4087 WIRETRANSFER: WireTransfers should bedirected to the Federal Reserve Bank ofNew York Fcdeml Reserve Bank of New York ABA

## =021030004 Account

## =68010727 SWIFT address = FRNYUS33 33 Liberty Street New York, Y 10045 Field Tug4200 oflhe Fcdwire message should read AD 6801727 Environmental Protection Agency ACH (also known as REX or remittance express): Automated Clearinghouse (ACH) for receiving US currency I'NC Bank 808 17- Street, NW Washington, DC 20074 5Contael BJesse White 301-887-6548 ABA 051 036706, Trdnsaetion Code 22- checking Environmental Protection Agency. Account31 0006, CTX Formut ON-LINE PAYMENT: There is now an On Line Payment Option. aVtlilable through the Dept. ofTreaslJry. This payment option can bl.: accessed from the information belov.:: WWW.ooy.gov Entersfo 1.1 in the search field. Open form and complete required fields. Acopy ofthe check, orwire transfer, shall be sent simultaneously to: Alexis North (8ENF-AT) U.S. E['A Region 8 Technical Enforcement Program 1595 Wynkoop SI. Denver, CO 80202-1129 und Tina Artemis Regional HearingClerk (8Re) U.S. EPA Region 8 1595 Wynkoop Sl. Denver, CO 80202-1129

c. Paymentofthe penally in this mannerdoes not relieve Respondent ofits obligation to comply with the requirements 

### orlhe

## eAA and its regulations. 11. GENERAL PROVISIONS 1. Theemissions controls required in Appendix: 13 under this Agreement shall beconsidered "federally enforceable" :md, as applicable, "legallyand practicably enforceable" forpurposes ofcalculatingthe potential 10 emit for the emission sources covcrt.-d under this Agreement. 2. Failure by Respondent to timely apply for, and ultimately obtain, Ihe synthetic minor pcrmjl for any emission source identified in this Agreement or to comply with the requirements of eetion Dand Appendix Bsha.ll render llllY release orsatisfuction ortiabilily afforded underthis Agreement null and void as to thai source. 

### J. Nothing in Ihis Agreement shall be construed as nwaiver by lhe EPA orany other fc..-dcraJ entity ofilS authority 10 seek costs orany appropriate penalty associated with any collection action instituted as a result ofRespondent's failure to perform pursuuJlt to the temlS oflhis Agreement. 4. Once Ihe Respondenl has received a synthclic minorsource pennil from EI'A for the cmission source identified in Appcndi.x A, and that permit has becomeeffective, the terms oflhat permitsupersede lhis Agreement. 

### 5. For all Existing Emission Sources listed in Appendix A, Table A·l, Respondent's submission ofa complete synthetic minor source permit application will constitutecompliance with the relevant CAA 6provisions during the period ofthis Agreement,

6. Porall New Emission Sources listed in Appendix A, Tables A-2, A-3, and A-4, compliancewith the relevant CAA provisions requires that Respondent; a)obtains an effective synthetic minor source**permit~** b) is subjecl to an EPA approved Federallmplemcnlation Plan which allows for upermit by rule; orc) complies with 

### anew I:PA applicable CAA regulation that removes them 

### from P Dapplicability 7, Notwithstanding the terms ofthis Agreement, the Respondent must meet any otherapplicable requirements orthe Act or its implementingregulations, 

### 8. Respondent agrees that lorany emission source opermed withoutthe controls required by this Agreement, except lor instances ofmalfunction, Resporldent is in violation ofthis Agreement Malfunction shall 

### bedcllned as any sudden, infrequent, and nol reasonably preventable failure ofair pollution control equipment. process equipment, oraproct:Ss to operate in a normal or usual manner, caused by circwnstanccs entircly beyond the control orthe owneroroperator, butshall not include failures that are caused in whole or in part by poormaintenanceorcareless operation. 9, Respondent agrees that any emission source whoseIIctual emissions have exceeded 250 tons peryear is not covered by this Agreemcnt. including any emission source listcd by 

### the Respondent in Appendix A, 10. Each undersigned representative ofthe EPA and Respondents (parties) to this Agreement certifies that he orshe is fully authorized by the Party represented to bind the Party to the terms and conditions ofthis Agreement and to execute and legally bind that Parry to this Agreement. 11. The Panics agree to submit this Agreement to the Regional Judicial Officer, with arequest that it be incorporuled into a Pinal 

### Order. 12. The tenus, conditions, and compliance requirements orthis Agreement mllY not be modified oramended exceptupon the wrilten agreement afboth parties, and approval ofa Regional Judicial Omcer. 13. I[the Respondent, pursuant 10 Paragraph O.l.a. above, wishes to amend the list ofcmission sources in Appendix A. TableA 4 1, it shall submit those suggested changes to EPA for approval. Ifc!JA agrees with the suggested changes, the Parties will submit

### an amended Agreement to 

### the Regional Judicial Officerfor incorporation into arevised Final Order, 14. Theeffective dale ofthis Agreement is the date that the Final Order is signed by the Regional Judicial Officer. 15. This Agreement, upon incorporation into aFinal Orderby the Regional Judicisl Omcer and full satisfaction by the Porties, shall be 8 complete, full and final sculemcntoflhe violations ulJeged illlhis Agrecment. 7· Each Party shall b ar its 

### own ost and 

### attorn ys fees 

### in cOlln eLion with all is ues as 

### 0 iated with this Agreement. lIED TATE, lNV1RO MENTAL PR TECTION AGE YREGrON 8 mplainant.

Date:

# ~_-"f.--X>_".;...fj_

ate: Au usl 6 2011

Dul: ugusl 26 201 1 PO ED HAWK D'V L PMENT, LL 

### R p udene

'HDOLL&G LL Re poodent.



### A" LL

### APPENDIX A EMISSION SOURCE INVENTORY Table A·! Existing Emission Sources (commenced construction byAugust 30 2010 

### Source Latitude nnd Section, Well site Casinghead 

### Casinghead Tanksffank TanksITank Name Longitude 

### Township, completion gas gas control Battery Battery Range date 

### controlled device control 

### control or captured 

### device device 

### install date Simbn Latatude North 30,150,90 4/5/10 Controlled Treater No 24- 47 deg 46 min 

### flare 30H 40.91 sec North Longitude West 102 deg 15 minutes 4.08 sec

Table A-2 New Emission'Sources (commencing construction between August 31, 2011 and December 31 20III Source Section, Expected Identification Township, Commence Range Construction 

### Date Alnha21-IRH 1815091 10/11

Table A-3 New Emission Sources (commencing construction between January 1,2012 and March 31 2012\ Source Section, Expected Identification Township, Commence Rangc Construction Date Bela 21-18H 18,150,91 January 2012 Garnma21-18H 18150,91 March 2012 2

# -11-

Table A-4 New Emission Sources (commencing construction between April 1,2012 and June 30, 20m Source Section, Expccted Identificatian Township. Commence Range Construction Datc Delta 21-18;1 1815091 ADril2012

J

### APPENDIX B EMISSION CONTROL REQUIREMENTS A. Applicability ·I'hesc requirements apply to existing and new emission sources associated with oil produclion from the Bakken Formation on the Fon Berthold Indian Reservation in North Dakota llnd largcllhe control**ofca.~inghead** gas emissions (a/so known as lrCulcrgus) nnd emissions from ail and produced water storage tanks (tanks). 

## n. Control RC(luircmCl1ls All casinghead gas and lank emissions must be controlled or captured upon start ofproduction. Ifgas gathering infrastructure is in place, casinghead gns shall be rouled to agas gathering pipeline as soon US pruclicable. When apipeline is nOI available, casinghead gas is required to be routed to acontrol system ordevice in the Control ySlcm List below. The Control System List also applies to emissions from oil and produced water storage tanks. Capture orcontrol devices shall be opel'lltoo 81 all times when emissions mu)' be vented to them. 'I'heowner/operator shullllluintain and operate all air pollution control equipment, and all equiprncnt employed to contain and collect vapors and transport them 10 the emission control system ordevice, in accordance with the manufacturer's recommendations and in amannerconsislenl with good air pollution control practice for minimizing.emissions. C201rol System List I. Aground pil narc (including, but not limited IU pil nares, shop built flares orother similar oilfield lype flares) or other 90% orgreater DRE device. Ifaground pit 

### narc is utilized, a 90% DRE to be 8::isumed. This is considered the minImum level ofcontrol for tank and treater gas emissions at all times. 2. A vapor recovery unit oroil stabilizer thut is designed and operated to reduce the mass content ofVOC and total hll7..ardous airpollutant (I-IA I) emissions in the vapors vented to the device by at least95% by weight. J. An enclosed combustion device appropriately sized for the site's operating parameters and for which the manufacturer represelHs will achieve II destruction efficienoy ofalloast 95% ofthe VOCs with respectto the volumetric now and RTLJ content ofthe sile's wa..c;te gas stream. An enclosed combustion device is operated including. but not limited to the following:

• This device i:hould be operated widl no visible emissions l:Xl:CPl for periods nOlto exceed utotal of5 minutes during any 2 consecutive hours; Method 22 of40 CFR Appendix Ashall be used to detennine the compliance with this visible emission provision.

4• Owner/opcrntorshall install nn appropriate, reliable temperalure sensor/transmitter that indicates continuous ignition ofthe pilot flame on the control device, The sensor/trllnsmiuerwill be connected to Ihesite's Supervisory Control and Data Acquisition (SCADA) System. The SCADA system will record temperature**reading~** at aspecified frequency and will be programmed to trigger an alarm iftcmpcmtures**oUl~ide** ora pre-programmed range tire detected. ForIlle purpose ofthis paragraph, "continuous" monitoring equipment shall meusurc and record values nt leastonce every hour. 4. Autility flare (using an open flame without enclosure) that is designed and operated to reduce the mass content ofVOC and total HAP emissions in the vapors vented 10 Ihe device by at least 98% by weight. A utility nare is any narc that is designed and operated in accordance with the requirements of40 C,F.R § 60,18. RequiremclILs of40C.F.R § 60.18 include, but 

### arc nOllimited to Ihc follOWing:

• Flare shall be designed and operated wilh no visible emissions except for periods not to cxceed 

### atOlal of5minutes during an)' 2consecutive hours; Mcthod 22 of40 eFR Appendix A shall be used to determine the compliance with this visible emission provision;

• Flareshall be operated with a l1ame presenl at:ill times;

• An owner/operatorhas the choice ofadhering to either Ihe heal content speciJications in paragraph 40 C.F.R. § 60. I8(e)(3)(ii) and Ihe maximum tip velocity specifications in paragraph (e)(4) oradhering to the requirements in 40 C.f.R, § 60. I8(cX3)(i)j

• Flares used 10 comply with this section shall be steam·assisted, air·llssistcd or nonassisted;

• Owncrslopel11tors ofnarcs shall monitor the control devices to cnsure thut thc)' arc operated <1nd maintained in conformance with theirdesigns;

• The presence

### ofa narc pilot 

### name shall be monitored using 8 thermocouple oran)' other equivalclltdeviec to detect the presence ofaflame. Continuous checks by an operatorto verify theexistenceofa visible nume or 10 verify properopcmlion orthe igniter may be used in lieu ofaphysical device. Forthe purposeoflhis paragraph. "continuous" monitoring equipment shall measure and record value..li at least once every hour.

• For safely and oirpollution control purposes: each narc mUSl be equipped and operated wilh an automatic ignitororacontinuous buming pilot, which must be maintained in good working order. '111i5 is required even ifthe flure is used lor emergency purposes only. Control devices other Ihan those listed above may be ulilized upon approval from the EPA. C. Rl.'Cordkecplng Requlrcmcnls 1. Owner/operator shall maintain control device tempcmture logs for Ihrec years.

5

### CERTIFICATE OF SERVICE

The undersigned certifies thal the origin;]! ofthe attached ORDER 

### GRANTINC**~:LECTRONIC** 

### FILING OF CONSENT AGREEMENT AND FINAL ORIJER in the matter ofSPOTTEIJ HAWK IJEVELOPMENT, LLC., and SHIJ OIL & 

### GAS, LLC.; I)OCKET NO.: CAA-08-2011-0027, was filed with the Regional Ilearing Clerk on August 29. 2011. Further, lile 

### undersigned certifies that it 

### true and correCI 

### copy ofthe document was delivered to Jim Eppers. EnforcementAttomey. U.•. EPA

- Region 8, 1595 Wynkoop Street. Denver, CO 80202-1129. True and correct copics orthe 

### aforementioned documents were placed in the United States mail on August 29. 2011. to: 

### Demarco J. Bell. EVP Sponed Ilawk Development 1650Tysons Blvd, Ste 900 McLean. Virginia 22102

And cmailcd lo: 

### E1i1--,lbcLh Whitsel 

### U. S. Environmental Prolection Agency Cincinnati Finance Center 26 W. Martin LUlhcr King Drive (MS-0002) Cincinnati, Ohio 45268

August 29, 2011

# J<4a.J~ Tina Artemis ParalegallRcgional Hearing Clerk