### UNITED STATES ENVIRONMENTAL I'ROTECTION AGENCY REGION 

### S 1595 Wynkoop Slrt:C! DENVER, CO 80202-1129 Phone 800-227-8917 hllp://www.epa.gov/region08



## MAY 16 2012 Ref: 8P-AR CI-R'IIFIIoD MAIL -RFTUR RECEIPT REQUESTED & 

### ELECTRONIC MAIL 

### fan) Lucero EI-IS Coordinator Enerplus Resources (USA) Corporation 950 17" Street, uite 220 Denver, Colorado 80202 RE: Request for Information Pertaining to Emissions Control Equipmcnl at Oil and Gas Production**Faciliti~s** 011 

### the Fon Berthold Indian Reservation Dl.."ar**~tr.** L1Il:cro. 

### As you know, the I:.nvironmental Protection Agency (EPA) is expediting the development ofa Reservation-specific Federal Implementation Plan (FIP) to 

### establish federally enforceable requirements to control volatile organic compound (VQC) emissions from oil and gas production activities (i.e. storage tank and heater-treateremissions) within the exteriorboundaries oflhe Fort Berthold Indian Reservation (FGI

### R) in 

### North Dakota. The EPA's action would require owners and operators ofoil and gas well production facilities to reduce VOCs released during the extraction and storage ofhydrocarbOil reservoir fluids prior to being transferred offsite for sale ortreatment. As pan ofOllrerlort to develop federally cnforccabk'**rcqllir~mcnts** 

### underthe FIP 

### for oil and gas 

### prmhH:tion**fhci]jti~s.** 

### th'" 

### EPA is L'vuJuuting 

### VOC L'll1ission 

### control**h.'chnologi~s L:mplo~\;.'d** **b~** 0pl'r<llilr" on till' I BIR. I he: agL:llc)' b rcqul;.'sting information that will**~1J10W** us to 

### dCkrmirh: thL'**i.l~soL'iat('J L'O~t**  impacts of

### the propost:u cmission 

### control rC4uirL:nll:llIs. 

### This information request pertains to Enerplus Resources Corporation's (EnerpJus's) operations on the FBIR. Please submit the information requested below for Enerplus's oil and gas exploration and production facilities located on the FBIR: I. Please provide the average cost incllITed to develop a synthetic minorpermit application for an oil and gas exploration and production facility on the FBIR, 2. Please provide the average cost incurred on an annual basis foreach ofthe following types of control equipment:a. A pit Flare capable ofachieving 90% voe destruction efficiency; b. A utility flare that is manufacturer certified for 98% voe destruction efficiency orcompliant with !.he requirements for such flarcs at 40 eFR 60.18(b): c. An enclosed combustor that is manufacturercertified for 98% voe destruction efficiency: d. An auto·ignition system that includes. an electronically controlled ignition device. continuous recording de\ice. malfunction alann. and remote notificmion system to ensure the continued presencc ofa pilot**nmn~** during operation: c, A continuous pilot flame s)stem that includes a thennocouplc. conlinuous recording dc\icc malfunction nlarm. and remotc notification system 10 ensure the continucd presence ofa pilot llame: and 

## r. A vapor recovery system (VRU) for capture and recovery ofstorage tank gases, 

### 3. Please describe lhe source ofthe data and the methodology used in calculating items 2(a) through 

### 2(t). The average annual cost incurred should include, but is not limited to, the following list ofcost elements:

a. The total capital investment (TCI) cost. which includes but is not limited to. the capital cost for the primary control device. auxiliary equipment and instrumentation. piping. perfonnancc testing. associated utilities. engineering and systcm design. freight. site preparation. foundation. construction and field expenses. installation. etc.: b. Ihe operation and maintcnance (O&M) cost (equipment. pilot fuel. etc.): c. The annualized labor costs such as salary and benefits associated with monitoringlrecordkccpinglrcporting requirements and O&M activities: and d. The annualized non·laborcosts such as office supplies. vehicle costs. and infonnation technology.
Cost clements for each type ofcontrol equipment should not overlap to avoid duplicative cost from ncclunulating.
4. 1'01' each piece ofequipment identified in 2(:1) through 2(1). please pro\ide lhe expected life ror each component. Any costs associated with maintenance over the life ofthe unit should be annualized and included as part ofthe annual O&M costs reported.
5. Please provide the average cost associated with the sale ofrecoverable product from a VRU.
Due to !.he expedited development ofthe FIP, your prompt cooperation is appreciated. We request that this information 

### be provided to the EPA within 14 calendardays ofreceipt as indicated by the earlierof certified receipt orelectronic email for !.his letter. Electronic submission is preferred. Please submit )uur n.:sponse to Eric Wortman at \

..ortman.eric'" epa.gO\·.

\\ l,.' request that a dul) authori7cd officeror agent ofFne-rplus certif) as lmc. accuratc. and complete**th~ r~"p('lns~**  t{lthis infonn3tion b) signing the enclosed talclllcnt ofCertification (Attnchment A) and n.·turning it with the response. Such ollicer or agent must have sufficient knowledge and authority to make such representations on behalfofEncrplus.
Pursuant to 40 C.F.R. Part 2, Subpart B, Enerplus is entitled to assert a business confidentiality claim covering any part ofthe submitted infonnation. Attachment B specifies the assertion and substantiation requirements for business confidentiality claims. Failure 10 assert such a claim makes the submitted 

### 2

### information subject to public disclosure upon request and without IU11her notice to you. pursuant to the Freedom ofInfonnation ACl, 

### 5 U.S.c. Section 

### 552. Infonnation subject to a business confidentiality claim may only be made available to the public in accordance with 

### 40 C.F.R. ParI 2, Subpart B. 

### It is the EPA's understanding that the average emission control device cost 

### daw for all ofEncrplus's**l~\(:ilities** 

### on the 

### FBIR will likely not be entitled to confidential trealment as opposed to specilic cost 

### data lor each 

### facility. Jfyou do claim confidentiality. we 

### reqlJest that yOll submit that portion ol'thc response (only tbat specilic portion for which yOll are claiming confidential treatment) separately 

### from all other information. Also enclosed with this Request for Information is a Small Business Regulatory Enforcement and Fairness Act (SBREFA) information sheet (sec Attachment C). The requirements ofthis letter are not subject to the Paperwork Reduction Act of 

### 1980, 44 U.S.c. §3501 el seq.**lrth~** 

### information requested in this letter has previollsly bel.'n 

### submitted to the 

### EPA. please kIllS J...lHm. \\ L' appn.'L·iall.· ) Dur l:oopenllion in 

### this Ill:UIL'!'. If)' OU 11<1\1..' an) qUl'sliuns pkasc l:onlacL 

### !:ric \VnrLlll:lll. 

### ol'lll) 

### Slnrr.:ll 

### 3UJ·31 2-6649.

# GJJ~ Carl Daly, Director Air Program

Enclosures



### 3 @prinfedon RetycledPaperAuachmenl A



### STATEMENT OfCERTIfiCATION
Icertify under penalty oflaw that I have personally examined and am familiar with 

### the infonnation submitted in this documcnt and 

### nIl attachmcnts and that, bascd on my inquiry ofthose individuals immediately responsible for obtaining infonnation. I 

### believe that the infonnation is true, accurate, and complete. I 

### am aware that there are significant penalties for submitting false information. including the possibilit) orfine or imprisonmcnt.

Signature

Title

Date

### Alt:u

..hment B
Confidential Business Infornultion (CBI) Assertion and Substantiation Requirements I. Assertion Requirements
You may assert a business confidentiality claim covering all orpart ofthe infonnation requested in the attached letter, as provided in 40 C.F.R. §2.203(b). I

### f portions ofa document have CBI claims. then please provide a redacted version that would remove any CBI infornlation. To make a confidentiality claim. submil the requested information and indicate that you are making a claim ofconfidentiality. Any document over which you make a claim ofconfidentiality should be marked by placing on or attaching tu thl.: inlormatiol1. at 

### thc timc it is sllbmined to U.S. EPA. a cover sheet. stamped or typed kgl'nJ. or other suitable form ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date ifany when the information should no longer be treated as confidential. Information covered by such a claim will be disclosed by the United States EnviroIUncntal Protection Agency (U,S. EPA) only to the extent permitted and by means ofthe procedures set forth by Section 

### 114(c) ofthe Clean Air Act (the Act), and 40 C.F.R. l'al12. Allegedly eonlidential portions ofotherw!,e non-confidential documents should be clearly identitied. U.S. EPA will construe the failure to furnish a confidentiality claim with your response to the attached lener as a waiver ofthat claim. and Ihe information may be made available to the public withoLlt funher notice to 

### yOll.**Pka~L' ~l:grl·gull.'**  

### p...·rsonJJl'l. mL·dintl and similar li!L:s from yuur**n.:spons~s** 

### and in\.'lud.: lhal inll.lI'Inutiol1 un st:parale shcet(s) marked as "Personal Privacy Information" given that disclosure orsw..:h inf(lrlllation to the**g~neral** 

### public muy constitute an invasion orprivacy.
2. Substantiation Requirements
All confidentiality claims are subject to U.S, EPA verification and must be made in accordance with 40 C.F.R. §2.208 which provides in part that you satisfactorily show that you have taken reasonable measures to protect the confidentiality ofthe information and that you intend to continue to do so: and that the information is not and has not been reasonably obtainable by legitimate means without your consent.
As I.:xplaincd abovC'. iryou assert a CUI claim in responding to Ihl' attached letter. please sped!) which portions orthe information you consider confidenlial. You must be spccific by 

### pnge, pnragntph••1Ilt!**Sl~ntcncc** 

### whcn idcntifying the information subjcct 10 your claim. Any information not specitically identified as subject to 

### contidentiality claim may be disclosed to the public and a requestor without further notice to you. ror each ilem or class ofinformation that you identify as being subject to CBI. please answer the following questions. giving as much detail as possible:

a. For what period oftime do you request that the information be maintained as confidentinl. e.g.. until a certain date. until the occurrence ora speci**fi~d** 

### event. or pennancntly? I

## rthl.' OCCUITl'ncc ora specilic l..'vcnt will create thl..'**n~eJ** 

### tor confidt:ntiality. pleas

... ·**spceil'~** 

### that**~\'l..'nt.** 

### b. Intormaliun sllbmittcd to 

### U.S. EPA becomes stale over**tim~.** 

### Why should Ihe inlormation yOll claim as conl"idenlial be prolecled for the time period specified in your answer to 

### question #1?

c. What measures have you taken to protect the intormation claimed as confidentiaJ? Have you disclosed the infonnation to 

### anyone other than a governmental body or someone who is boundby an agreement not to disclose the infornlation further? Ifso. why should the information still 

### be considered confidential?
d. Is the infonnation contained in any publicly available material such as the Internet. publicly available**databa~cs.** promotional publications. annual reports. or aniclcs? Is there any means by \\hich a mcmbl'r ofthe puhlic could obtain access to the infornlation? l!ii the infomlation ofa**~lnd** that )all \\ould**cU3tomaril~** not**rcli,~usc** to thc public?

..... Ila'i**all~** gO\cmmcllial bod) made a dctcrmination as 10 the confidcnliality ofIhe information'.) II so. please attach a copy ofthe determination. 

## r. For each category ofinfonnation claimed as confidential, explain with specificity why release of the information is likely to cause substantial haml to your competitive position. Explain the specific nature ofthose harmful effects. why they should 

### be viewed as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make use ofthis infornlatiol1 to your detriment?
g. Do you assenlhat the infonnation is submitted on a voluntary or a mandatory basis? Please e'\plainlhe rcason for**~our** assenion. Ifyou nssen thai the infornlation is**\-olulltaril~** suhmittcd information. explain \\hether and \\h) disclosure (lfthe infomlalion \\ould tend to lesscllthc 3\silabilit) to l .S. EPA ofsimilar infonllatioll in the future.
h. Any other issue yOli deem relevant (including. ifpeninent reasons why you believe that the information you claim to be CBl is not emission oremuenl data.)
Please notc lhat emission data. provided under Section 114 ofthe Act. 42 

### U

..C. § 7414, is not entitled to conlidelltialtreatment under 40 C.F.R. Part 2. "Emission data" means. with reference to any source of emission OrallY substance into the air. Inl(lI'lllatiolll1eCessar'} to determine the identity. amount. frequency. concentration. or other characteristics (to the extent related to air quality) ofany emission which has been emitted by the source ((If orany pollutant resulting from any emission by the sOllrce). or any combination ofthe foregoing:

a. Information neccssary to determine the identity. amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which, underan applicable standard or limitation, the source was authorized 10 emit (including. to the extent necessary for such purposes. a description ofthe manner and rate ofoperation ofthe source); and
b. A general description ofthe location andlor nalure ofthe source to the extent necessary 10**identif~** the source and 10 distinguish it from other sources (including. to**th~** extent necessary for such purposes. a**de~crirlion** ofthe dc\icc. installation. or opcratifln constituting the soureel

...W CI·.R.

# **

. .10 l(a)(2)(i)(i\). (13) and 

## (n

I mission data includes. but is not limited to. service records stating the amount ofrefrigeram added to a unit or reclaimed from a unit.



### 2You bear the burden ofsubstantiating your confidentialily claim. Conclusory allegations will be given 

### lillie or no weight in the delermination. In subslanlialing**~our** 

### CBI c1aim{s). 

### U.S. EPA**rC'quir~~** thi.ll**~nu** 10 brackcl nlllc:o<t so daimcd nnd**m[lr~** it "(,BI". Inlonn:Hioll so dcsign:ul..'d \\illlx' disclosl.'d b) l .S LPA onI) to thl: '"''\tt.'nl**:Il1u\\~d** b). ami b) means ofthl..' procedures sl..'1lonh in. -10 C.f.R. Pun 2. Subpart B.lf)ou fail 10 claim the inform3lion as conlidcmial. it may be made u",ilabll' to the public \\ilhout further notice [0 you.



### 3

# SEPA United Stat

.. Enyironment81 Protection Agency 

### Attachment C

Office of Enforcementand ComplianceAlUurance (2201A) EPA 3OG-F-03-001 May 2003



# u. S. EPA Small Business Resources 

# I fyou own a small business, the United States Environmental Protection Agency (EPA) offers avariety of compliance assistance and lools 10assistyou in complying with federal and state environmental laws. These resourcescan helpyou understandyourenvironmental obligations, Improve complianceandfind cost-effective waystocomply Ihrough the useof pollution prevention and other Innovativeted1no1ogies. Hotllnes, Helpllnes and Clearinghouses EPAsponsors apprO)(lmaloly 89lroe hoIUnes and clearing· houses thai provide convenient assistance regarding 8I'lvu't)r'fT,ental requirements. The National Environmental Compliance AssIstance Cklarlnghouse provklesqutek aceesslocompliance assistance tools, contacts. andplanned activities from !he U.S. EPA. states, and Other compliance assistance providers: httpJIwww.epa.govldeamghouse Pollution Prevention Clearlnghouae htIP:/twww.epa.gOll/opptintrllibrary/pplclnde)(.htm EPA's Small BUllneas Ombudsmen Hotline can pfOv'de a Itsl 01 all the hot lines and assIst In dete,- mlnlnglhe hOlline best meellng your needs (800)368 5888 Emergency Planning and Community Right-To-KnowAct (800) 424-9346 Nalional Response Cenler (to reportoll and hazardous substance spills) (6001424-M02 ToxlesSubstancesandAsbestos Informallon (202)S54-14()4 salli Drinking WatOf (800)4264791 Stl1ltospheric Ozone and Refrigerants information (800)296-1996 Clean Air TechnolOgy Center (919)541.QBOO Wedands HelplWle (800)832-7828 EPA Websltes EPAhasseverallnlernetaitesthaI provide useftJI compliance assislance information and malerielsforsmall businesses. If you don't have aCCllSS to tho Intemet at yourbusiness, manypublic libraries provide access to the Internet al mInimal ornocost. EPA's Home Page hllD:I/Y.ww.epe.gov Small Business Assistance Program ht\fJ:/Iwww,epa.govIltMbep Office 01 Enforcement and Compliance Assurance hno:/Iwww eoa gov1compliance Compliance Assistance Home Page htlpJfwww.epa.govlcompilanceiasslSlance Oflice01 Regulatory Enforcement hltp:Jlwww.epa.goytcomplianoeJclvMnde)(.htmI Office 01 Slle Remediation Enforcement hrtpJIwww.epa.gov/compilancelcleanup Innoyatlve Progrems for EnYlronm«ltel Perlormance htlpJtwww.epa.govIpertners Small Business Ombudsman www.sba.gcN/ombudsman

Ofltce of Enforcement and Compliance AsslOrance. httpJ/wwwepa goy/compliance 

# 6''''-

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### u.s. EPA SMALL BUSINESS RESOURCES
Compliance Assistance Centers In partnershipwilh industry. universities. and othertederal and state agencies, EPAhas established national Compli. anceAssistallCe Canters that provide Intemetand 'iaxback" assistallCe servicesfOf several industries wim many small buslnesses. The fOllOwing Compliance AsslslallCe Cenlers can be accossed through the Center's gateway al htlpJI www.assistancecenters.nelorbycaliingthephonenumbers belOw and atlheirrespective websites: Metal Finishing (l-8Q().AT·NMFRCor'NWW.nmfrc.org) Printing (1-888-USPNEAC orwww.pneac.org) Automotive Service and Repair (1 ·888-GRN-UNKorwww.ccar-greenlink,org) Agriculture (1.a88-663-2155 or W\vw,epa gov/agnculturc) Printed Wiring Board Manufacturing (1-734·995-491 1 orwwwpwbrc.org) The Chemical Industry (1-800-672·6048 orwww.chemaliiancQ.org) The Transportation Industry (1 -688-459-0656 orWI'M'.lransource.org) The Paints and Coatings Center (1-800-286-6372orwww.painlcenter.org) Three newcenters are underdevelopment forthe auto salvage sector. the construction Industry. and U.S_ Mexican bOrderwaste Issues. State Agencies Many state agencies have established compliance assistance programs that provide on-sile and other types of assistance. Contact your local state environmentai agency for more Information. Forassistance in reaching state agencies. calt EPA's Small Business Ombudsman at (800)'368-5888 orvlsitlhe Small Business Environmental Homepageat hl1p:llwww.smallbiz-envlroweb.orglSlate.htmL Compliance Incentives EPAprovides incenfives 'orenvironmental compliance. By partiCipating In compliance assistance programs or voluntarily diSclOSing and promptly correcting VlolAlions businesses may be eligible for penalty waivers or reductions EPA has two poliCies thai pOlentlally apply to small buslnessos TheAudit Policy (hUp.;lwww,epa,govlcomplenceflncenllveslaudltmgj and Ine Small Business Policy (hnp:flwww.epa.gov!compliancelincentlvaslsmallbusiness) These do not apply if an enforcement action has already been initiated. Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory En'orcement FairnessAct (SBAEFA) established an ombudsman ("SBREFAOmbudsman") and 10 Regional Fairness Boardsto receive comments from small businessesabout federal agency enforcement actions. The SBREFAOmbudsman will annually rafe each agency's responsivenessto small businesses. Ifyou believe that you fall within the Small BusinessAdministration's dellnJIion ofasmall business (basedon your Nonh American IndustryClassification System (NAICS) designation, numbel ot employees orannual receipts. defined a113 C.F.R. 121.201: In most cases, this means a**bu~ness** With 500 Of fewer employees). and wish to commenton federal enforcemont and compliance activities. calilhe SBREFA OmbUdsman'stOIl-free number at 1-888-REG-FAIR(t·8BB· 734·3247) Every sn1<l1l DUSlness thai IS**1~le** subject of dn entorcemmlt or compliance aClion IS entitled to comment on the Agency's actions Without tear of retaliation EPA employeesare prOhibited from uSing entorcemenl or any othermeans of retaliation against any memberof the regulated community because the regulated community previouslycommented on Its activities
Your Duty to Comply It you receive compliance assistance or submit comments to the SBREFAOmbudsman or Raglonal Fairness Boards. you 51111 have the dUty to comply with the law. Including prOViding timely responses to EPAinformatIon requests. administrative orCivil complaints. other enforcement actionsor communications The assistance In/ormation and comment processes do not give you any new rightS or defenses in any enforcement action These processes also do not affect EPA's obligation to protect public health orthc environment under any of the environmental slatutes it enforces. including the righltotake emergency remedial oremergency response actions when appropriate. Those deciSions will be based on the lacts in each situation. The SBREFAOmbudsman and Fairness Boardsdo not participatein resolving EPA's enforcement actions Also remember that to preserve your (lgnts. you need 10comply with ali rules governing the enlorcement process EPA /s disseminating this Information to you withoutmaking8 determination thatyourbusiness ororganization Isa smallbus/nessas definedby Section 222 of the Small Business Regulatory Enforcement Fairness Act (SBREFA) or relsted provisions.