### UNITEIl STATES ENVIRONMENTAL I'ROTECTION AGENCV REGION 8 1595 Wynkoop Street 

### DENVER, CO 80202-1129 I'hone 800-227-8917 http://www.epa.gov/region08



## MAY 16 2012 Ref: 81'-AR CER riFlED MAIL -RETURN RECEII'T REQUESTED & 

### ELECTRONIC MAIL
Avon D. Cooper 

### HES Professional Marathon Oil Company 

### 3172 Highway 22 North Dickinson, North Dakota 58061
RE: Request for Information Pertaining to Emissions Control Equipment at Oil and Gas Production Facilities on 

### thl.' Fon Berthold Indian Rcscrvution Dear Mr. COOpt'f.
As you know, the Environmental Protection Agem:y (EPA) is expediting the**d(,.'vt..'lopm~nt** 

### ora**Reservation~specific** Federal Implementation Plan (Fir) to establish federally enforceable requirements to control volatile organic compound 

### (VQe) emissions from oil and gas production activities (i.e. storage tank and heater-treater emissions) within the exterior boundaries ofthe Fort Berthold Indian Reservation (FBIR) 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 slOrage ofhydrocarbon reservoir fluids prior to being transferred ofl'site for sale or treatment. As part ofour effort to develop federally enforceable requirements under the FIP for oil and gas prodllction li.t<;ilities. the EPA is evaluating VOC emission control technologies employed by operators on the FBIR. The agency is requesting information that will allow us to determine the associated cost impacts ofthe proposed emission control requirements.
This information request pertains to Marathon Oil Company's (Marathon's) operations on the FBIR. Please submit the information requested below for Marathon's oil and gas exploration and production facilities located on the FBIR:
I. Please provide the average cost incurred to develop a synthetic minor permit application for an oil and gas exploration and prodw.:tion facility on the FBIR.
2.**Pl~asl'** PI'O\ iek Ill(: average COSI incun'!:d on an annual basis fell' eal'h oflhe following**1~** pes of I.:ontrul equipment:

### a. Apit Flare capable ofachie\ing 90l}o VOC destruction efficiency: b. A utilil) nare that is manufacturercertified for 98% VOC destruction efficiency orcompliant with the requirements for such flares at40 CFR 60. I8(b); c. An enclosed combustor that is manufacturercertified for 98% VOC destruction efficiency; d. An auto-ignition system that includes, an electronically controlled ignition device, continuous recording device, malfunction alann, and remote notification system to ensure the continued presence ofapilot flame during operation; e. A continuous pilot flame system that includes athennoeouplc. continuous recording device malfunction alann. and remote notification system to ensure the continued presencc ofa pilot flame: and 

# r. A \apor rcco\**cr~** S)

### stem (VRU) for capturc and rccoyery ofstorage tan" gases. 3. 1>lcasc describe the source ofthe data and the methodology used in calculating items 2(a) through 2«(). 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. perfonnance testing. associated utilities. engineering and system design. freight. site preparation. foundation. construction and field expenses. installation. etc.: h. Ihe operation and maintenance (O&M) cost (equipment. pilot fuel. etc.): c. The annualized laborcosts such as salary and benefits associated with lllonitoring/rccordkeeping/reporting 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 accumulating. 4. Foreach piece ofequipment identified in 2(a) Ihrough 2(t). please provide the expected life for 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 prO' idc the a\erage cost associalcd \\ilh the sale ofreco\crable product from a VRU. Due to the expedited development ofthe FIP. yourprompt cooperation is appreciated. We request that this infonnation 

### be provided to the EPA within 14 calendardays ofreceipt as indicated by the earlierof certified receipt orelectronic email for rhis letter. Electronic submission is preferred. Please submit your response to Eric Wortman at 

### wortman.eric@epa.gov. We request that a duly authorized officeroragent ofMarathol1 certify as true, accurate, and complete the response to this information by signing the enclosed Statement ofCertification (Attachment A) and returning it with the response. Such officeroragent must have sufficient knowledge and**authorit~** 

### to make such representations on behalfofMarathon. Pursuant to 40 C.F.R. Part 2. Subpart B, Marathon is entitled to assert abusiness confidentiality claim covering any part ofthe submitted information. Attachment B specifies the assertion and substantiation requirements for business confidentiality claims. Failure to assert such a claim makes the submitted 

### 2information subject to public disclosure upon request and without further notice to you, pursuant to the Freedom ofInformation Act, 5 U.S.C. Section 552. Information subject to a business confidentiality claim may only be made available to the public in accordance with

### 40 C.F.R. Part 

### 2, Subpart 

### B.
It is thl' EPA's understanding that the a\crag<.· emission control device cost dat:1 lor all orMawthon'

### s Ith:ilities on the FBIR \\illlikel) not be entitl.:d to conlidentiallreatment 

### as opposed to specilic cost**dat~l** lorL"i.lch facilit). Ir)ou do claim cunlidcntialit). \\1,' rt'qllcst that yOlI submit that portion ofthl' n
.. ·...**p()n~c** (onl) that spec:ilic portion for \\hich**~Oll** 

### an: claiming conlidcntial treatment) s.:paratel) from 

### all other information. Also enclosed with this Request ror Information is a Small Business Regulatory Enforcement and Fairness Act (SBREFA) inforn18tion sheet (sec Attachment C). The requirements ofthis letter are not subject to the Paperwork Reduction Act 

### of 

### 1980. 44 U,S.C. 

### *350I etseq. 

### Il'tht inlormation requested in this ktter has previously been submitted to the EPA. please kt LIS kno\\. \\\: appreciate yourcooperation in this maIler. Ifyou have any questions please contact Eric Wortman. ofmy staff. at 

### 303-312-6649. 

# Da

Carl Daly, Director Air Program

l:l1l'losun.'s

cc: Curtis Ryland, Operations Manager, Marathon Oil Company

o .> 

# *

Prin/ed Oil RecycledI'opel'Attachment A



### STATEMENT OF CERTIFICATlO Icertify underpenalty oflav

..,that Ihave personally examined and am familiar with the infonnation submined in this document and all attachments and that. based on my inquiry ofthose individuals immediately responsible for obtaining infonnation. I 

### believe that the infomlation is true. 

### accurate. and complete. 

### I am aware that there are significant penalties for submitting false infonnation. including the possibility offine or imprisonment.

Signature

ritle

DateAttachment B Confidential Business Information (CDI) Assertion and Substantiation Requirements 

### 1. Assertion Requirements
You may assert a business confidentiality claim covering all or part ofthe information requested in the attached letter. as provided in 40 C.F.R. §2.203(b). Ifpol1ions ofa document have 

### C131 dairns. then please provide a redacted version that would remove any CB! infomuuion. To make a conlidcntiality daim.**~lJbmit th~**  n.:qul.:stcd infol'll'HHion and indil:a1L' that you arc making a claim 

### ofconfidclltinlity. Any document 0\t:r which you make a claim ufconlidentiality should be marked 

### by placing on or allaching to thc intormation. at the time it is submilled to U.S. EPA. a cover sht:et.**stamp~d** or typed legend, 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 longerbe treated as confidential. Information covered by such a claim will be disclosed by the United States Environmental Protection Agency (U.S. EPA) only to the extent permitted and by means ofthe procedures set forth by Section 114(c) orthe Clean Air Act (the Act), and 40 C.F.R. Part 2. Allegedly confidential portions orotherwise non-confidential documents should be clearly identified. U.S. EPA will construe the failure to furnish a confidentiality claim with your response to the attached letter as a waiver ofthat claim, and the information may be made available to the public without further notice to you. PlL'asc segrt'gatc personnel. medical and similar liles ff()m yOlJr responses and include that information on separate sheet(s) marked as "Personal Privacy lnfonnation" given that disclosure ofsuch information to the general public may constitute an invasion ofprivacy. 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 orthe inlormation and that you intend to continue to do so: and that thc information is not and has not bL'cn reasonably obtainable by Icgitilllatt: means without your consent. As explained above. it'you assert a CBl claim in responding to the attached Jetter. please specify which portions ofthe information you considerconfidential. You must be specific by page, parllgnlph, llnd sentence when identifying the informlltion subject to your clllim. Any information not specilically identified as subject to confidentiality claim may be disclosed to the public and a requestor without further notice to you. Foreach item 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 infonnation be maintained as confidentiaL e.g.. until a certain date, until the occurrence ofa specified event, or pem1311ently'? lrthe occurrence ofa specilie event wiII create thl' need for cunfidcntiality. plcase spt'cify that c:vent. b. Illiormatioll slJbmitted to U.S. EPA becomes stale over lime. Why should the information yOll claim as confidential be protected for the time period specilicd in your answer to question 

### #I

### '!

c. What measures have you taken to protect the information claimed as confidential? I-lave you disclosed the information to anyone other than a governmental body or someone who is bound

### by an agreement not to disclose the infonnation further? Ifso. why should the infonnation still 

### be consideredconfidential? d. Is the infonnation contained in any publicly available material such as the Internet. publicly available databases, promotional publications, annual reports, or articles? Is there any means by which a member ofthe public could obtain access to the infonnation? Is the infonnation ofa kind that you would customarily not release to the public?

c. lIas any govcrnmclllal body made adetermination as to the confidentiality ofthe information? I

## r so. please 811ach aCOP) ofthc determination. f. 

### Foreach category ofinfonna'ion claimed as confidential, explain with specificity why release of the infonnation is likely to cause substantial hann to yourcompetitiveposition. Explain the specific nature ofthose hannful effects. why they should be viewed as substantial. and the causal relationship between disclosure and such hamlful effects. Howcould yourcompetitors make use ofthis infonnation to your detriment?
g. I)() )OU 

### assert that the information is submitted on a voluntary or a mandntory basis? Please explain the rcason for your asscrtion. [fyou asscrt that the information is \oluntarily submillcd inlonllation. explain \·vhethcr and why disclosure orthe inlormation would tend 10 

### ksscn thc 8\nilnbility to U.S. EPA ofsimilar information in the future. h. Any otherissue you deem relevant (including, ifpertinent reasons why you believe that the infonnation you claim to be CBI is not emission oreffluentdata.) Please note thatemission data, provided under Section 114 ofthe Act. 42 U.S.C. § 7414. is not entitled to confidential treatment under40 C.F.R. Part 2. "Emission data" means, with reference to any source of emission ofany substance into the air. InrOrtl13tion neeess<Jf) to determine the identity. amount. frequcncy. concentration. orother characteristics (to the cxtc:nt related \() airquality) oran) emission which has bl.::cn ClllillCd by lhc source (or orall) pollutnllt resulting from any cmission 

### by the source). or any comhination ofthc foregoing:

a. Information necessary to detennine the identity. amount, frequency, concentration. orother characteristics (to the extent related to airquality) ofthe emissions which, under an applicable standard or limitation, the source was authorized to 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 and/or nature ofthe source to the extent necessary to identif) the source and to distinguish it from other sources (including. to the extent necessary for such purposes. adescription ofthe device. installatioll. oroperation constituting the source). 40 CF.R.

# ** 2.30 l(a)(2)(i)(A). (B) and (C). 

### Emission data includes. but is not limited to, service records stating the amount ofrefrigerant added to a unit orreclaimed from a unit.



### 2You bear the burden ofsubstantiating your confidentiality claim. Conclusory allegations will be given little or no weight in the determination. In substantiating your CBI claim(s), U.S. EPA requires that )OLl to brucket all text so daimcd and mark it "CBt". Information so designated will be disclosed by U.S. EPA only to the extent allowed by, and by means orthe procedures set lorth in. 40 C.F.R. Part 2. Subpart 

### B. Ifyou fail 10 claim the information as confidential, it may be made available to the public without further notice to you.

o 

# .,

# SEPA UnitedStates Envitonment.1 Protection Agency Attachment C

Officeof Enforcemenl and Compliance Asaurance (2201 A) EPA300-F-03-001 May2003

, 

## U. S. EPA Small Business Resources 

# I,you own a small business, the United States Environmental Protection Agency (EPA) offers a variety of compliance assistance and tools 10assist you in complying with federal and state environmenlallaws.

### These resourcescan helpyou understandyourenvironmental obligations. improve compliance and find cost-effective ways tocomplythrough the useofpollution prevention and other Innovativetechnologies, Hotllnes, Helpline" and Clearinghouses EPAsponsorsapproxlmatelv89lree holllrlCS and clearing· houses Iflatprovtdeconvenient assIstance regarding enwonm9r1l8) reqUirements. The National Environmental Compliance Assistance Clearinghouse provides quickaccess to oompllsnce assistance tools, oonlaClS, and planned activities from lhe U.S. EPA, states, and other compliance assistance providers: httpJIwwH.epa.govldearinghouse Pollution Prevention Clearlnghouae httpJIwww.epa.govJopptintrllibraryJppicindex.htm EPA's Small Business Ombudsman Hotline can pro\llde a tisl 01 all the hotlmes and assist in determining the hotflne best meellng your needs: (800) 368-5888 Emergency Planning and Community Right-Te-KnowAct (800) 424-9340 Netional Response Center (to reportoll andhazardOus substance spills) (800)424-8802 ToxlesSubstancesandAsbestos [nlormallon (202)S54-14()4 safe OriNdng Water (800)425-4791 Siratosphenc OzOfle and Refrfgentnts lnformatkMl (800)296-1996 Clean Air Technology center (919)541-<lOOO Wetlands Helpline (800)832-7828 EPA Websltes EPAhasS8vtlra! Intemel S'lesThaI prol/lde usefUl complIance aSSIstance InformatlOrl and matenals torsma I buSInesses. Ifyou don't have access totho Interne! at yourbUSiness, many public libreries provide access to the Internetet minimal or nocost. EPA's Home Page http://www.epe.gov Small Business Assistance Program hftp-.JJwww.epa.govJttntsbap Officeof Enforcement and Compliance Assurance httpJJwww,epa.gov/compllance Compliance AssIstance Home Page htIP:JIwww.epa.govfCompiiancelSSSlStance Oflice01 Regulatory Enlorcement**http://ww\.Y,epa,gov/oomp~ance/civiVindex.html** Office 01 Site Remediation Enforcement http://ww\.Y.epa.gov/complianceicleanup InnovoIIUve Programs lor EnvIronmental Performance httpJIwww.epa.govlpartners Small Business Ombudsmolln _.sba goy/ombudsman

Oltlce of Enforcement and Compliance Assurance: hltp://www epa govfcompllance 

### 6''iI --.,.- __ hyIt.oo.olo

... .., ..._ .... _ ....... _U.S. EPA SMALL BUSINESS RESOURCES
Compliance Assistance Centers In partnershipwith industry, universities, and otherfederal and state agenclos, EPAhas**esta~lshed** national Compli. ance Assistance Centels that prOVide Imemet and 'iaxback" assistance servicesfor several industries witt1 many srnall businesses The lollowing Compliance Assistance Centers can be accessed through the Center's gateway at hnpJI www,assistancecenters.netorbycallingthephonenumbers belowand attheir respectivewebsites: Metal Finishing (1-800-AT·NMFRC orwww.nmlrc.org) Printing (1-888·USPNEACorwww,pneac.org) Automotive Service and Repair (1-888-GRN-UNKorwww.ccar-greenlink.org) Agriculture (1-888-663-2155or www.epa.gov/agriculture) Printed Wiring Board Manufacturing (1-734-995-49110rwww.pwbrc.org) The Chemical Industry (1·800·672·6048orwww.chemalliance.org) The Transportation Industry (1·868·459-0656 orwww.lranSOlJrce.org) The Paints and Coatings Center (1-800-286-6372orwww.paintcenter.org) Three new centers are underdevelopment for the auto salvage sectol, the construction Industry and US MOM!· car' wrder waste Issues State Agencies Many state agencies have established compliance assis· tance programs that provideon-site and othertypes 01 assistance. Contact your local state envitonmental agency lor more Information. For assistance in reaching state agencies, call EPA's Small Business Ombudsman at (800)-368-5888orvlsillhe Small Business Environmental Homepageat http://wWw.smalibiz-enviroweb.orgistate.htmL Compliance Incentives EPAprovkJes Incentivesforenvironmentai compliance. By parllclpallng In CQmpliance assistance programsor VOlUnTarily diSClosing and promptly correcting Violations. businesses may be eligible for penally waivers or reduc· tions. EPA has two poliCies that potentially apply to small businesses; TheAudit Policy (http:tlwww.epa..Qov/compli· ance/incentiveS/audltlng) and the Small Business Policy (http;/lwww.epa.gov/compliancelincentlvesismallbusiness). These do not apply if an enforcement action has already been initiated. Commenting on Federal Enforcement Actions and Compliance Activities The Srnall Business Regu,atory Enlorcement Fairness Act ISBREFA) eslab,ished an ombudsman ("SBREFAOmbuds· man") and 10 Regional Fairness Boards to receive comrnents from small businessesabout lederal agencyenlorcement actions. The SBREFAOmbudsman Will annually rate each agerlcy's responsivenesstosmall businesses. II you believe that you fall within Ihe Small Business Administration's definitiOn ofa small business (based on yourNorth American IndustryClassification System (NAICS) designalion, number Of employees orannual receipts. defined at 13C.F.R. 121,201: In most cases, this means a business With 500 or fewer employees). andWish tocommentontederal enforce· ment and compliance activities. call the SBREFA Ombudsman'stoll·free numberat 1-888-REG·FAIR(1-688- 734·3247). Every small business thaI Is Ihe subject of an enlorcement orcompliance action is entitled to comment on the Agency's actions without fear of retaliation. EPA employees are prohibitedfrom uSing enforcement or any other means 01 retaliation against any member ofthe regulated community because the regulated community previously commented on its activities
Your Duty to Comply Ifyou receive compliance assistance or subm tcomments 10 the SBREFAOmbudsman or Rogtonlll Fairness Boards. yOll 51111 h!lve the dUly to comply With the law. InCluding prOViding timely responses to EPA rnformatlon requests, administratIVeorCivil complaints, other enlorcement actions or communications The assistance Informallon and comment processes do not give you any new rights or defenses in anyenforcement action. These processes also do not affect EPA's obligation to protect public health orthe environment underany ofthe environmental statutes it enforces, including the right 10 lake emergency remedial oremergency response actions when appropriate. Those decisions will be based on the facts in each situalion. The SBREFAOmbudsman and Fairness Boardsdo nOl participate in resolving EPA's enforcement actions Also, remember that to preserve your (lghls, you need to comply with all rules governing the enforcement process. EPA is disseminating this Information to you withoutmakingadeterminationthatyourbusiness ororganIzation Is 8 smallbusInessas deffnedby SectIon 222 of the Small Business Regulatory Enforcement Fairness Act(SBREFA) orrelated provisIons.