NITED STATES ENVIRONMENTAL I'ROTECTION AGENCY REGION 8 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http;//www.epa.gov/region08



## MAY 16 2012 Rd': 8P-!\R CERTIFIED MAIl. -RETURN RECEIPT REQUESTED & ELECTRONIC MAIl. Curtis Rice Sf. Environmental Specialist EOG Resources, Inc. 600**17~** Street, Suite 1000 Denver, Colorado 80202 

### RE: Request for Infonnation Pertaining to 

### Emissions Control Equipment at Oil and Gas Production**Fal:ilili\"'~** 

### on the Fon l3e.rthold Indian Reservation Dear Mr. Rice. As you know, the Environmental Protection Agency (EPA) is expediting the development ofa Reservation-specific Federal Implementation Plan (FIP) to establish federally enfofceable requirements to control volatile organic compound (VOC) 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 wel1 production facilities to reduce VOCs released during the extraction and storage ofh)drocarbon reservoir fluids prior to being transferred ofTsite for sale or treatment. As part ofour elTort to de\elop federally enforceable requirements under the FIP for oil and**ga~** production lucilities. the EPA is evaluating VOC emission control technologies employed b) operators on the FBIR. The agency is requesting infommtion that wil1 allow us to determine the associated cost impacts ofthe proposed emission control requirements. This information request pertains to EOG Resources's (EOO's) operations on the FBIR. Please submit the information requested below for EOG'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 lor an oil and gas exploration and production lacility on the FBIR. Pll'usc pro\ idt: the ll\crage cost incurred on an annual basis for cilch oftht' 10110\\ing**t~ pe~**  of I,;ontrol equipmcnt:

### a. A pit Flare capable ofachieving 

### 90% VOC destruction efficiency; b. A utility flare that is manufacturercertified for 

### 98% VOC destruction efficiency or compliant with the requirements for such flares at 40 CFR 60.18(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 alarm. and remote notification system to ensure the continued presence ofa pilot flame during operation: e. A continuous pilot flame system that includes a thermocouple. continuous recording device malfunction alarm. and remote notification system to ensure the continued presence ofa pilol name: and 

### f. A vapor recovery system (VRU) for capture and recovery ofstorage tank gases. 3. Please describe the source ofthe data and the methodology used in calculating items 2(a) through 2(1). The average annual cost incurred should include, but is not limited to, the following list ofcost elements:

a. The total capital investmcnt (TCI) cost. which includes but is not limited to. the capital cost for the primar) control device. auxiliary equipment and instrumentation. piping. performance testing. associatcd utilities. engineering and s) stem design. freight. sitc preparation. foundation. construction and field expenses. installation. etc.; b. The operation and maintenance (O&M) cost (equipment, pilot fuel. etc.): c. The annualized labor costs such as salary and benefits associated with monitoringlrecordkeepinglreporting requirements and O&M activities; and d. The annualized non-laborcosts such as office supplies, vehicle costs, and information technology. Cost elements for each typc ofcontrol equipment should not overlap to avoid duplicative cost from accumulating. 4. For each piece ofcquipmcnt identificd in 2(a) through 2(f). please provide the expected 

### Iife for e8l.:h componellt. Any costs associated with maintenance O\er tht: lire orthe unit should be annualized and included as part orthe Hnnual O&M costs reponed. 5. Please provide the average cost associated with the sale ofrecoverable product from a VRU. Due to the expedited development ofthe FIP, your prompt cooperation is appreciated. We request that this information be 

### provided to the EPA within 14 calendar days ofreceipt as indicated by the earlier of certified receipt or electronic email for this letter. Electronic submission is preferred. Please submit your response to Eric Wortman at \

..ortman.erie@epa.gov.



# - \\'c requcst that a dul) authorized officeror agent ofEOG certify as true. accurate. and compietc the rt:sponsc to this information 

### by signing the enclosed Statement ofCertification (Attachment A) and returning it with the response. Such officer or agent must have sufficient knowledge and authority to make such representations on behalfofEOG. Pursuant to 

### 40 C.F.R. Part 2, Subpart B, EOG is entitled to assert a business confidentiality claim covering any part ofthe submitted information. Attachment B specifics 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 the EPA's understanding that the average emission control device cost data for all ofEOG's facilities on the FBIR will likely not be entitled to confidential treatment as opposed to specific cost data for each facility. Ifyou do claim confidentiality. we request that you submit that portion ofthe response (only that specific portion for which you are claiming conlidentialtreatmcnt) separatel)' from all other inlormation. Also enclosed with this Rl"quest lor Information is a Small Rusiness Regul<ltor)**Enforc~l11ent** and Fairness Act (SBREFA) infonnation sheer (sec**Attachm~nt** C). The requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980. 44 U.S.C. §3501 el seq. Ifthe information requested in this letter has previously been submitted to the EPA. please let us kno\\. We appreciate your cooperation in this mattcr. Ifyou have any questions please contact Eric Wortman. ofmy stalT. at 303-312-6649. Sincerely.

# ~2:6 Air Program

Enclosures \.:'(,:: Da\ ill lung. Di\ ision Emironl11l'nlal Manager. EO(j !h,'SOUfCl'S. Inc.

3 

### @primedon Recych-d}'oper

### Attachmenl A



### STATEMENT OF CERTIFICATION Icertify under penalty oflaw that Ihave personally examined and am familiar with the information submitted in this document and all anachments and that. based on my inquiry ofthose individuals immediately responsible for obtaining information. 

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

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

-- 

### Signature

Title

DateAttachment B ('onfidl'nti'll HU:!liness lnfonllation (CBI) Assertion and**Subst~'"tialion** Requirements I. Assl.:rlion Requircmcnts You may assen a business confidentiality claim covering all or pan ofthc information requested in the attached letter, as provided in 40 C.F.R. §2.203(b). Ifponions ofa document have CBI claims, then please provide a redacted version that would remove any CBI infonnation. To make a confidentiality claim, submit the requested infonnation 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 to the infonnation, at the time it is submitted to U.S. EPA, a cover sheet. stamped or typed legend. or other suitable form ofnotice employing language such as "trade secret" or "proprietary" or "comp<Hl) contidl.:lHial" and a datl' i

## rany when the information should no longer be treatcd as confidential. Inl"ornHHion covered by such a claim will be disclosed by thc United States Environmental Protcl:tion Agency (U.S. EPA) only to the extent permitted and by means ofthe procedures set fonh by Sel:tion I 14(c) oCthe Clean Air Act (the Act). and 40 C.F.R. Pan 2. Allegedly confidential ponions ofOIhcmise 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 letteras a waiverofthat claim. and the infonnation may be made available to the public without further notice to you. Please segregate personnel, medical and similar files from your responses and include that information on separate sheet(s) marked as "Personal Privacy In/onnation" given that disclosure ofsuch information to thL' general puhlic may L'onstitutl: un invasion ofprivacy. 2. Sub!>tantiation**Rcquir('m~nts** All confidentiality claims are subject to U.S. EPA verification and must be made in accordance with.tO C.F.R. §2.208 which provides in part that you satisfactorily show that yOll 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 explained above, ifyou assen a CBI claim in responding to the attached lener. please specify which ponions ofthe infonnalion you consider confidential. You must be specific by page,**p~lragntph.l,nd** :!lentenl'e \\hen idelltif) ing Ihe information subject 10 your claim. Any infomlalion not**spcL'ilicall~** identilil:c1 a:, subject 10 conlidenlialit) claim rna) be disclosed 10 the public and a requt:stor \\ithollt further noticL' 10 )Oll. Foreach item or class ofinfonnation Ihat )OU idenlil) as being Sllbjl:l:1 to CUI. please answer the following questions. giving as much delail as possible:

a. For what period oftimc do you request that thc inlormation be maintained as coniideillial, e.g.. until a certain dale, until the occurrence ofa specified event, or pennancllIly? Ifthe occurrence ofa specific event will create the need for confidentiality, please specify lhal event. b. Infonnation submitted to U.S. EPA becomes stale over time. Wh) should Ihe infonnation )OU claim as confidential be protected for the time period specified in )our ans\\er 10 question I?

c. What measures have yOll laken to protect the inlormation claimed as confidential? Have yOll 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 information still be considered confidential? d. Is the information contained in any publicly available material such as the Internet. publicly available databases. promotional publicalions. annual reports. or articles? Is there any means 

### by \\hich a mcmber ofthe public could obtain access to the information? Is the information ofa kind that you would customarily not release to the public?

e. lIas any governmental body made a detennination as to the confidentiality ofthe information? If so. please attach a copy ofthe detemlination. 

### f. For each category ofinformation claimed as confidential, explain with specificity why release of the information is likely to cause substantial hann to your competitive position. Explain the spccific natLlre 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 oflhis information to your detriment?
g. Do you assert that the information is submitted on a voluntary or a mandatory basis? Please explain the reason for your assertion. Ifyou assert that the information is volunlarily submitlcd infonnation, explain whether and why disclosure ofthe infonnation would tend to 

### lessen the availability to U.S. EPA ofsimilar information in the future. h. Any other issue you deem relevant (including, ifpertinentreasons why you believe that the information you claim to be CBI is not emission or emuent data.) Please notc that emission data, provided under Section 114 ofthe Act. 42 U.s.c. 

## 97414. is not entitled to conlidcntial treatment under 40 C.F.R. Part 2. "Emission dala" means. with refercnce to any source of emission ofany substance into the air. Information nccessary to determine the identity, amount, frcqucncy, concentration. or other characteristics (to the extent related to air quality) orany emission which has been emitted by the source (or ofany pollutant resulting from any emission by the source), or any combination ofthe foregoing;

a. Information necessary to detennine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) 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 nccessary to idenlify the source and to distinguish it from Olher sources (including, to 

### the extent ncccssary lor such purposes, a description ofthe device, installation, or operation constituting the source). 40 C.F.R. 

### §§ 2.30 l(a)(2)(i)(A), (8) and 

### (C). Emission data includes, but is not limited to, service records stating the amount ofrefrigerant added to a unit or reclaimed from a unit.



### 2

### You bearthe burden ofsubstantiating your confidentiality claim. Conclusory allegalions will be gi\en little or no weight in the dctennination. In substllnliating )our CBI claim(s). U.S. EPA requires thai**~Oll** 

### to brad,",t all tl.:\1 so claimed and mar"- it "eBI". Inlorm<ltion so dl:signalcd will be 

### discloSL'J**b~** 

### l.S I P1\**onl~** (0 

### thl' l'-.;:h?nt 

### a1l0\\t..'d b). and**b~** 

### ffit..'''lI1S oftht' procl'durt..'s sct forth in

. ..JU Ct-

### .R. Part 

### ::!, Subpart il. If yOll**t~lilto** 

### claim Ihe inlonnalion as conlidcntial, it I1Ul) 

### be made <.1\

### <.Iilable 10 

### (he publil: without further notice to you.

3

# SEPA United SbttH Environmental Protecllon Agency 

### Attachment C

Office of Enforeemenl and Compliance Aasurance (2201A) EPA300-F-03-001 May 2003


# u. S. EPA Small Business Resources

, 

# I,you own a small business, the United States Environmental Protection Agency (EPA) offers a varietyof compliance assistance and tools to assistyou in complying with federal and state environmental laws. These resourcescan helpyou understandyourenvironmental obligations, improve compliance and find cost-effectivewaystocomply through the useofpOllution prevention and other innovativetechnologies. Hotllnes, Helpllnes and Clearlnghou58s EPAsoonsors aporoxlmaloly 891rce hotIines and clearing· housesthaI prnvldeconvenlenl assIStance regardWlQ 6fWlronrnerMl requirements Ttle National Environmental Compliance Assistance Clearinghouse provides quICk access 10 comphllrlOO assistance tools, contacts. and planned activities Irom the U.S. EPA, stales. and other compliance assistance providers: htlp:ltwww.epa.gov/clearinghouse Pollullon Prevention Clearinghouse htlp:llwww.epa.gov/opptintrl1ibrarylppicindex.htm EPA's Small Business Ombudsman Hotline can prOVide a Hst 01 all the hot lines and assist In determining the hOltlne besl meeting your needs: (800) 368-5888 Emergency Planning end Community Righl-To-KnowAct (900) 424-9346 National Response center (to report011 and hazardous substance spills) (800)424-8002 ToXles SUbstances and ASbeStosln'onnatlon (202)554-1404 sale Drinking Water (800)426-4791 StrBtospheric Ozone and Refrigerants lnformaUon (BOO)296-1996 Clean Air Technology Center (910)541 {)BOO Wetlands 11elpllne (800)832,7628 EPA Websltes EPAhaS severallnt&melsites lhat provide uselul compliance assislance informatIOn and matenal$for small bUSInesses. II you don't have access 10 the Inlernet3l yourbuSiness many publIC libranes p'ovide access to the Internet al minimal or noCOSI EPA's Home Plge htl+J:/Iwww.epa.gov Small Business Assistance Program htlp:/Iwww.epa.govlItnIsoop Olfice 0' Entorcement and Compliance Assurance hltpilwww.epa.gov/compllanoe Compliance Asslstanee Home Page**hnp:llwww.epa.govloompl~nc:elassistance** Ollice 01 Regulatory Enlorcement hnp:llwww.epa.gov/c:on..4ltianoe/cMlIindell:.html Office 01 Site Reme<llatlon Enforcemen1 http://w.Hw.epa.gov/compiianceicleanup Innovative Programs 'or Environmental Performance htlp:llwww.epa.gov/parlners Small Business Ombudsman www.sba.govtombudsman

OffIce of Enforcement and Compliance ASS\.Jrance. http://wwwepa gov/compliance



### ....**~_~'~~.'~_~~J''''''~'** ¥

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_

### u.s. EPA SMALL BUSINESS RESOURCES
Compliance Assistance Centers In partnershipwith industry, universities. and othertederal and state agencies. EPAhas established national Compll. anceAssistanceCenleJS thai provide Intemetand "taxba aSSIstance SCrvlCeSfor seyeral industneswith manysmall buSinesseS The lOwIng**Comp~ance** AsSlstance CcnlCrs can be accessedthrough the CefTle(s gateway al hr.pJI wwwaSSlstancecenlers,netorbycanlOQmephonenumbers belOwand atlhetr respective webSI1QS Metal Finishing (1-800-AT·NMFRCorwww.nmIrc.org) Printing (l-888-USPNEACrxwww.pneac.org) Automotl

.... Service and Repair (l-86&GAN-llNKor**WWN.ccar-green~nk.org)** Agriculture (1-888-663-2155orwww.epa.gov/agriculture) PrInted WIring Board Manufacturing (1-734-995-491101WWWpwbrC.org) The Chemicallndu.try (1.80().672.0048orwww.chemalll8nce.org) TheTransportation Industry (1·888-459-0656orWWW.lransource.org) The Paints and Coatings Center (1-800-286-6372orwww.paintcenter.org)
Three newcenters are underdevelopment for Ihe auto salvage sector, the construction industry, and U.S. Me.ican borderwasta Issues State Agencies Many state agencies ha

...e eSlablished compliance assistance programs that prO"'lde on·site and othertypes of assistance. Conlact your local state en
...ironmental agency lormore Inlormation. Forassistance in reachIng state agencies, call EPA's Small Business Ombudsman at (800)·368-5888 or
...isitthe Small Business En

...ironmental Homepageat hnpJIwww.smalibiz-enviroweb.orgIstate.html. Compliance Incentives EPAprovides incentives lorenvironmental compliance. By paniclpating in compliance assistance programs or vOluntanly disclosing and promptly correctmg vlola11Ons, buslflesses may be eligIbleIOf penalty wai

...ersorreductions EPA has twO po'ICies thaI potentially apply to small businesses TheAudIt PolICY (http:/wwwepa.go

...·compl anceilrlCenllVeSlaUd·llng) ana Ine Small BUSiness Policy (hnpJlWWWepa,gcwlcompllance.lncentveSismaUbusllless) These do nol apply il an enforcement action has already been initiated. Commenting on Federal Enforcement Actions and Compliance Activities The Small Buslf1ess Regu aIOf)' Enlorcement FairnessACt ISBREFAj estab,jshecl an omDudsman\"SBAEFAOmbuds· man-) and 10ReglOl'lal Fallness Boards te receIVe comments trom smallbuSllleSSeS aboutledE!ra! agencycnforcemefll aetlOllS The SBAEFAOmbudsman

......gannuaJ/y rate each agency's responSIVenesstosmall businesses. IIyou be5eve lhat you la" within !he SmaliBuslness AdministratIOn'S tJeflfVtIOnofa smaJIbuSiness(based on yourNof'lhAmerican IodusttyCl8sslfication System (NAlCS)designation. nl.mber 01 employeesorannual recetp(S,definedat 13C.F.R. 121.201; in mostcases, !his means a buslness wrttlSOO or feweremployees). andwish tocorrwnentonledera! enforcementand compliance aetivlties. call the SBAEFA Ombudsman'stoll-free numberat 1-888-REG·FAJA(1-888- 734-324'7). Every small bUSiness mat Is lhe subject 01 an**enlorce~nl** or compliance aCtion IS entitled to comment on the Agency's aC1lons wlthOul fear of retaliatIOn EPA employeesare prohibItedIrom USIng enforcement or any other means 01 retaliation aga,nst any memberof the regulated communl1y becausethe regulated community pre"'louslycommentedon its actIVities
Your Duty to Comply Ifyou recei

...ecompliance assistance or submit comments to the S8REFAOmbudsman or Regional Fairness Boards, you 51111 have the duty to comply With the law. Including prO"'ldlng timely responses to EPA Information requests adm,nlstrallVeor cl

...11 complaints, other enforcement aClionsor commUnications The assistance Inlormatlon and comment processes do not give you any new rlghls or defenses in any enforcement action. These processes also do nol affect EPA's obligation to protect public health orthe environment underanyof the environmental statutes it enforces, indudlng the rightto take emergency remedial oremergency response actionswhen appropriate. Those decisions will be based on the tacts in each situation. The SBAEFAOmbudsman and Fairness Boards do not participate in resolVIng EPA's enforcement actions. Also, remember thatto preserve your nghts, you need to comply Wltn all rules goverl1lf'lQ the enforcement process EPA 1$ dlul!m/natfng this Informatfon to you withoutmakingadettNmination thatyourbusiness ororganlzetlonIs IIsmall businessas del/nedby Section 222 of the Small Business RegullJtory Enforcement Flllrne5S Act (SBREFA) or related provisions.