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OAQPS ENVIRONMENTAL JUSTICE SUMMARY REPORT June 8, 2012
RULE / ACTION Federal Implementation Plan for Oil and Gas Product ion Facilities, Fort Berthold Indian Reservation or Mandan, Hidatsa and Arikara Nations

OBJECTIVE This report aids rule writers in drafting required environmental justice preamble language for E.O. 12898, as well as addressing the Agency’s three Fin al Agency Review (FAR) EJ questions: (1) How did your public participation process provi de transparency and meaningful participation for minority, low-income, and indigenous populations, a nd tribes? (2) How did you identify and address existing and n ew disproportionate environmental and public health impacts on minority, low-income, and indigenous pop ulations, and tribes? (3) How did actions taken under #1 and #2 impact th e outcome or final decision?

SCOPE

• Total # of unique facility locations = 634

• Data Source: HPDI Inc. (Drilling Info) 2010

EJ ASSESSMENT Meaningful Involvement To promote meaningful involvement, the EPA will sol icit input from potentially affected stakeholders and communities during the public comment period by posting information about the proposed rule throughout the reservation at tribal offices, commu nity centers and the Fort Berthold Community College and publishing a notice in five (5) local n ewspapers. In addition, the EPA will hold a public hearing on the Fort Berthold Indian Reservation dur ing the public comment period.

CenRANK Demographic Results
Method(s)

• Proximity-to-Source : Comparative analysis of 3 mile or 5 km radius demographics to national averages. Source(s)

• CenRANK (proximity): CenRANK identifies all census block centroids within 3 miles of a source point. Table 1 provides the sources for each categaory of data.2 Table 1: CenRANK Data Sources

*2010 data are not currently available for the Virg in Islands, Guam, American Samoa, and the Northern Marianas. CenRANK database contains Census 2000 data for thes e areas. Proximity-to-Source While this analysis examines only wells located on the Fort Berthold Indian reservation, some of the 3

- mile buffers around each well extend beyond the res ervation boundaries. Because of this, a second analysis is included after the proximity-to-source results to determine if the inclusion of off-reserv ation census blocks masks potential environmental justice concerns. The sector-wide analysis of near source populations reveals that most demographic categories are below or within 20 percent of their corresponding nationa l averages. The findings are displayed in Table 2. The major exception is the Native American population. The ratio of Native Americans living within 3 miles of any source affected by this rule is 5,477 percen t higher than the national average (65 percent vers us 1 percent). The percentage of minorities is 152 perce nt above the national average (70 percent vs. 28 percent). Additionally, the number of minors living in the study area is 25 percent higher than the national average (30 percent vs. 24 percent). Parameter Definition Population Total population in block White Number of whites (may include Hispanics) African Americans Number of African Americans (may i nclude Hispanics) Native Americans Number of Native Americas (may incl ude Hispanics) Other and multiracial Number of other race and multi racial (may include Hispanics) Hispanic Number of Hispanics Age 0 to 4 Number of people age 0 to 4 Age 0 to 17 Number of people age 0 to 17 Age 16 to 64 Number of people age 16 to 64 Age 18 to 64 Number of people age 18 to 64 Age 25 and up Number of people age 25 and up Age 65 and up Number of people age 65 and up

Parameter Definition Poverty Number of people living in households with income b elow the poverty line 2 x Poverty Number of people living in households wi th income below twice the poverty line Below median income Number of people living in house holds with income below the national median income Linguistic isolation Number of people linguistically isolated Race, Ethnicity, and Age Data (Census 2010 block-le vel SF1 data)*

Economic and Education Date (2006-2010 ACS)*3 Table 2: Population within 3 Miles of Sources

To evaluate potential areas of environmental justic e concern, the EPA highlights the near source areas that are equal to or exceed a threshold factor of 1 .2 times national averages for race, ethnicity and/ or poverty demographic categories. 1 (The EPA acknowledges that environmental justice a reas may exist in areas below this threshold.) Distinct Population Assessment
Method(s)

• Block Group Comparison : Comparing block groups to see if there are block groups that have a noticeably higher population of potentially vulnera ble individuals. Source(s)

• Block group (proximity) : All block groups having a border within 3 miles o f a source point. All racial, ethnicity, and age data are from the 2010 c ensus block-group level. The economic and education data are from the 2006-2010 American Comm unity Survey, also at the block-group level. Because this study area is primarily on a reservati on, a second analysis examined if predominantly Native Americans block groups had other environment al justice concerns. Figure 1 graphs the study area block groups by Native American populations and Tab le 3 compares demographic information for the Native American block groups to national averages. Besides race, the poverty rate and age

1 The demographic categories evaluated on whether th ey meet or exceed the threshold are: Minority Only; Hispanic Only; Poverty Only; Minority & Hispanic; Minority & Poverty; Hispanic & P overty; Minority, Hispanic & Poverty. 

### POPULATION 6493 312861256 WHITE 1977 30% 226405205 72% -58% AFRICAN AMERICAN 14 0% 39475216 13% -98% NATIVE AMERICAN 4221 65% 3646995 1% 5477% OTHER OR MULTIRACIAL 281 4% 43333840 14% -69% MINORITY 2 

### 4516 70% 86456051 28% 152% HISPANIC OR LATINO 3 

### 272 4% 54181245 17% -76% AGE 0 - 17 1955 30% 75217176 24% 25% AGE 65+ 657 10% 40830262 13% -22% NO HIGH SCHOOL DIPLOMA 383 6% 31914536 10% -42% BELOW POVERTY LINE 838 13% 43487509 14% -7%
>= 1.2 of National Average % Change DEMOGRAPHIC SUMMARY 1 

### NEAR SOURCE NATIONAL TOTAL % OF NEAR SOURCE % OF

NATIONAL

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA. 1. Racial and ethnic categories overlap and cannot be summed. 2. The “Minorities” population is the overall popul ation (in the first column) minus white population (in the second column). 3. The Census Bureau defines “Hispanic or Latino” a s an ethnicity rather than as a racial category, Hi spanics or Latinos may belong to any race.4

demographics are the major differences between the predominately Native Americans and national averages. The overall study area has a poverty rate 7 percent below the national average, while the ar eas of concentrated native Americans has a poverty rate of 28 percent, which is 103 percent higher than th e national average (28 percent vs. 14 percent).

Figure 1: Block Groups by Percent Native American 0% 50% 100%Percent Native American 

# Block Groups by Percent Native American

Percent Native American5 Table 3: Block Groups with 50% of More Native Ameri cans

Table 4 compares the Native American block groups w ith the white block groups. Figures 2 maps the study area block groups by percent Native American population. Figure 3 shows these areas by poverty rate. The Native American population is 520 percent higher than the in the predominately white block groups (71 percent vs. 11 percent), poverty level 1 38 percent higher (28 percent vs. 12 percent), the population under 18 years of age is 40 percent high er (31 percent vs. 23 percent), and population belo w five years is 56 percent higher (9 percent vs. 6 pe rcent). 

### Demographic Summary 1 

### Native

American Areas % Of Native

American Areas National

Totals % Of

National Totals % Change

POPULATION 5,815 312,861,256 WHITE 1,437 25% 226,405,205 72% -66% AFRICAN AMERICAN 7 0% 39,475,216 13% -99% NATIVE AMERICAN 4,120 71% 3,646,995 1% 5978% OTHER OR MULTIRACIAL 251 4% 43,333,840 14% -69%

MINORITY 2 

### 4,378 75% 86,456,051 28% 172% HISPANIC OR LATINO 3 

### 260 4% 54,181,245 17% -74% AGE 0 - 4 537 9% 20,465,068 7% 41% AGE 0 - 17 1,826 31% 75,217,176 24% 31% AGE 65+ 528 9% 40,830,262 13% -30% NO HIGH SCHOOL DIPLOMA 496 9% 32,060,510 10% -17%
BELOW POVERTY LINE 1,643 28% 43,616,850 14% 103%

>= 1.2 times National Average

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA. 1. Racial and ethnic categories overlap and cannot be summed. 2. The “Minorities” population is the overall popul ation (in the first column) minus white population (in the second column). 3. The Census Bureau defines “Hispanic or Latino” a s an ethnicity rather than as a racial category, Hi spanics or Latinos may belong to any race. 4. Where facility study areas overlap, the census b lock populations are only counted once. Therefore, a facility level total will not match this summary total.6

Table 4: Comparing Native American Block Groups to Remaining Study Area
Demographic Summary 1 Native

American Areas % Native

American Areas White Areas % White Area % Change

POPULATION 5,815 9,976 WHITE 1,437 25% 8,593 86% -71% AFRICAN AMERICAN 7 0% 20 0% -40% NATIVE AMERICAN 4,120 71% 1,140 11% 520%
OTHER OR MULTIRACIAL 251 4% 223 2% 93%

MINORITY 2 4,378 75% 1,383 14% 443% HISPANIC OR LATINO 3 260 4% 190 2% 135% AGE 0 - 4 537 9% 590 6% 56% AGE 0 - 17 1,826 31% 2,245 23% 40% AGE 65+ 528 9% 1,573 16% -42% NO HIGH SCHOOL DIPLOMA 496 9% 1,054 11% -19%
BELOW POVERTY LINE 1,643 28% 1,183 12% 138%

>= 1.2 times Total Study Area

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA. 1. Racial and ethnic categories overlap and cannot be summed. 2. The “Minorities” population is the overall popul ation (in the first column) minus white population (in the second column). 3. The Census Bureau defines “Hispanic or Latino” a s an ethnicity rather than as a racial category, Hi spanics or Latinos may belong to any race. 4. Where facility study areas overlap, the census b lock populations are only counted once. Therefore, a facility level total will not match this summary total.7

Figure 2: Study Area Block Groups and Percent Nativ e American Population8 Figure 3: Fort Berthold Poverty Rates by Block Grou p