### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 

### 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 hnp:/Iwww.epa.gov/region08



## MAY 

## J6 2012 ReI': 8P-i\R 

### CERTIFIED MAIL -RETURN RECEIPT REQUESTED & 

### ELECTRONIC MAIL Raymond Gorka 

### Environmental/Regulatory Analyst Slawson Exploration Company, Inc. 

### 1675 Broadway, Suite 1600 Denver. Colorado 80202 RE: Request for (nfannation Pertaining 10 

### Emissions Control Equipment at Oil and Gas Production Facilities on 

### the Fort Berthold Indian Reservation Dear Mr. Gorka,
As you know, the Environmental Protection Agency (EPA) is expediting the development ofa Reservation-specific Fcdcrallrnplementation Plan (FIP) 10 

### establish federally enforceable requirements to control volatile organic compound (VOC) emissions from oil and gas production activities (i.e. storage tank and heater-treater emissions) within the exteriorboundaries ofthe Fort Berthold Indian Reservation (FBIR) in North Dakota. The EPA's action would requin: ownl:rs and operators oroil and gas \\l'll production**t~l\;ilitil:s** to 

### rL'ducc VOCs rL'k'l\Sl'U during the extraction and**~toragc** 

### ofhydrm.:arbul1 l'L''iI.'l'\oil' l1uids priol' to bl'ing Iranslcl'!'I."U otTsitl.' fur sail- or treatment. As pan afoul' effon to develop federally enforceable requirements under the FIP for oil and gas production facilities, the EPA is evaluating

## voe emission control technologies employed by operators on the FBIR. The agency is requesting information that will allow us to detemline the associated cost impacts ofthe proposed emission control requjrements. This infonnation request pertains to Slawson Exploration Company's (Slawson's) operations on the FBIR. Please submit the infonnation requested below for Slawson's oil and gas exploration and production facilities located on the FBJR:
I. Pkase provide the average cost incurred to develop a synthetic minor pernlit application lor an oil and gas cxploration and production facility on the FBIR. 2, Please provide the average cost incurred on an annual basis for each 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% VOC destruction efliciency orcompliant with the requirements for such flares at 40 eFR 

### 60.18(b); c. An enclosed combustorthat is manufacturercertified for 98% 

## voe 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 pilot namc: and f. 1\ 

### \apor recO\'cr) system (VRlJ) for capture and recovery ofstoragc tank gases. 3. Please**d{.·scrih~** 

### the source urthc daln and the methodology Llsed in calculating items 2(a) through 2(1). Thc averagc annual cost incuITed should include. but is not limited to, the following list ofcost clements:

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, performance testing, associated utilities, engineering and system design, freight. site 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-labor costs such as office supplies. vehicle costs. and infornlation technolog)

. Cost elements for each type ofcontrol equipment should not overlap to avoid duplicative cost from accumulating. 4. For each piece ofequipment identified in 2(a) through 2(f), please provide the expected life for each component Any costs associated with maintenance overthe life ofthe unit should be annualized and included as part ofthe annual O&M costs reported. 5. Please pro\ide the :.lVeragc cost as!'ociated with the sale ofrcco\crahlc product from a VRLJ.
Due to the expedited development ofthe FIP. your prompt cooperation is appreciated. We request that this infonnation be provided to 

### the EPA within 14 calendar days ofreceipt as indicated by the earlier of certified receipt orelectronic email for this letter. Electronic submission is preferred. Please submit your response to Eric Wortman at wortman.eric(@;epa.gov.
We request that a duly authorized officer or agent ofSlawson certify as true. accurate. and complete the response to this infonnation by signing the enclosed StatementofCertification (Attachment A) and returning it with the response. Such officer oragent must have sufficient knowledge and authority to make such representations on behalfofSlawson. PUr!'lUanl to 40 C.F.R. Part 2. Subpart 13. Slawson is entitled to asscrt a busincss**conlidcntialit~** 

### claim cO\cring any part ofthe submilled information.l\llachment B specifics the assertion and substantiation requirements for business conlidentiality 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 confidentialit) claim rna) 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 datu for all ofSlawson's facilities on the FBIR will likely not be entitled to confidential treatment as opposed 

### to specilic cost data for each facility. ffyou do claim confidentiality. we request that you submit thai portion ofthe response (only that specific portion for which you 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) infonnatiol1 sheet (see Attachment C).
rhl..'**requin:mcl1l~** ofthis ICllcr an,' not subjcl,;t to thl..' I>apt'r\\ork Rcdllctiol1 Act of J

### 980. 

### -lot LJ

### .S.C'. *350I l'f H'Cf. Ifthe infom13tion requested in this leller has previously been submilled to the 

### EPA. please let us kno\\. We appreciate your cooperation in this matter. 

### Ifyou have any questions please contact Eric Wortman. 

### ormy staff, at 303-312-6649.

# GJD~ Carl Daly. Director Air Program

Enclosures

cc: Khcm SUlhiwan, Permilling Agent, Slawson Exploration Company Matt Houston, Rocky Mountain Division Operations Manager, Slawson Exploration Company

3Attachment A



### STATEMENT OF CERTIFICATION I certify under penalty oflaw that 

### I have personally examined and am familiar with the information submitted in this document and all attachments and thaI. based on 

### my inquiry ofthose individuals immediately responsible for obtaining information. I believe that the information is true. accurate. and**c{)mplct~.** I 

### am 3\\arC that lhere are significanl penalties for submitting raise infonnation. including the**p{)<;~ibilil~** of

### line or imprisonment.

Signature

Title

DateAtlachment 

### 8
Confidential Business Information (COl) Assertion and Substantiation Requirements 1. Assertion Requirements
You rna) assert a business confidentiality claim covering all or part ofthe infonnation requested in the ,lltJchl:d It..'1l1.'r. as pro\ idt.'d in 40 C.F.R. §2.203(b). 

### Ifportions ora document hmt:' CBI claims.**th~n** please prO\ide a redacted version that \\ould remove an) 

### eBl information. "0 make a contidt.'ntialit) c1'lim. submit the reqlli:stcd infonnation and indicate that you are making <1 claim ofconfidentialit)

. 1\11) document over which you make a claim ofconfidentiality should 

### be marked by placing on or attaching to the infonnation, at the time it is submined to U.S. EPA. a cover sheet. stamped or typed legend, or other suitable foml ofnotice employing language such as "trade secret" or "proprietary" or "company confidential" and a date ifany when lhe information should no longer be treated as confidential. Information covered by such a claim will be disclosed by lhe United States Environmental Protection Agency (U.S. EPA) only to the extent permined and by means ofthe procedures sct forth by Section 114(c) ofthe Clean Air Act (the Act), and 40 C.F.R. Part 2. Allegedly contidcntial portions**orotherwis~** non·confidential documents should 

### be clearly identified. U.S. EPA will construe the failure to furnish ,1 confidentiality claim \\ith )our response to the attached leuer as a wai\er ofthat claim. and lht' infonnation may be made available to the public without further notice to you. Please segregate personnel, medical and similar files from your resJX>nses and include that infonnation on separate sheet(s) marked as "Personal Privacy Infonnalion" given that disclosure ofsuch infonnation 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 accordancl: \\ith 40 

## c.r.R. §2.208 which provides in pHl1 that you satistllctoril) sho\\ that you have taken rt'asonablc llll::lSurt.'s to protl'Cllhe conlidl:ntialit) orlhe ill/ormatiun and that you intend to continll<..' to do so: and that thl: inlimnCltion is not and has not been rl:tlsol1ably obtainabll: by kgitimatc ll'll.'allS without) our (.:onscnl.
As explained above, ifyou assert a CBl claim in responding to the attached letter, please specify which portions ofthe information you considerconfidential. You must be specific by page, paragraph, and sentence when identifying the information subjeci to your claim. Any infonnation nol specifically idenlified as subject to confidentiality claim may be disclosed to the public and a requestor without further notice to you. For each ilem or class ofinfonnation that you identify as being subject to CSI. please answer the following questions. giving as much detail as possible:

a. For what period oftime do you request thai the inlonnation be mainlained as confidential.**~.g** .. until a certain date, until the occurrence ofa specified event, or pennanently? Ifthe occurrence ora specific event will create the need for confidentiality. please specify that event. b. Infonnation submitted to U.S. EPA becomes stalc over time. Why should the information you claim as confidential be protected for the time period specified in your answer to question 

### #I?

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

### by an agreemenl not 10 

### disclose the infonnalion further? Ifso. why should Ihe infornlalion still 

### be considercd confidential?
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 memberofthe public could obtain acccss to the infonnation? Is the infonnation ofa kind that you would customarily not release to the public?

e. lias any govcrnmental body made a dctemlinalion as 10 

### the confidentiality oflhe information? If so. rlease attach a**cop~** 

### ofthe dctermination.
!. 

### For cach C3tCgor) ofintormation claimcd as conlidcntial. explain \\ith specilicit) \\h) rckasc of the information is likely to cause Sllbstalltial harm 10 your competitive position. Explain Ihe spccilic llature ofthose harmful effects, why they should be viewcd as substantial, and the causal relationship between disclosure and such harmful effects. How could your competitors make usc ofthis information to your detriment?
g. Do you assert that the infonnation is submitted on a voluntary or a mandatory basis? Please explain the reason for yourassertion. Ifyou assert that the infornlation is voluntarily submitted infonnation. explain whether and why disclosure ofthe infonnalion would tend to lessen the availability to U.S. EPA ofsimilarinformation in the future.
h. An) olher issue you deem relevant (including. ifpertinent reasons why )OU 

### believe that the infonnation you claim to be CBI is not emission or emuent data.)
Please note that emission data, provided under Section 114 

### ofthe Act. 42 U.S.C. § 7414, is not entitled to confidential treatment under 40 C.F.R. Part 2. "Emission data" means, with reference to any source of emission ofany substancc into the air.
Information ncccssary to detcrmine the identity. amount. frequenc)'. concentration. or other characteristics (to the cxtcnt related to 

### air quality) 

### 01"any emission which has bccn cmitted by the source (or ol"an) pollutant n::-ulting 

### frolll**al1~** 

### emission 

### hy the source). or illl)' combination ofthe foregoing;

a. Infonnalion necessary to determine the idcnlit). amount. frequcnc). conecntration. or other characteristics (to the extent rclated to air quality) ofthe emissions which. under an applicablc standard or limitation. the source was authorized to emit (including, to the extent necessary for such purposes, a description ofthe manner and ratc ofoperation ofthe source); and
b. A general description ofthe location and/or nature ofthe source to the extent necessary to identify the source and to distinguish it from other sources (including. to the extent necessary for such purposes. a description ofthe device, installation, or operation constituting the source). 40 C.F.R. §§ 2.30 l(a)(2Xi)(A). (B) and 

### (C).
I"mission data includes. but is not limitcd to. service records stating thc amount ofrefrigerant added to a unit or reclaimed from a unit.



### 2You bear the burden ofsubstanliating your confidentiality claim. Conclusory allegations"" ill 

### be gi\ 1:11 lillie or no "eight in the dctemlination. In substantiating your CSI c1aim(s), U.S. EPA requires that )OU 10 bracket all text so claimed and mark it 

## "esl". Information so designated will be disclosed by U.S. EPA only to the extent allowed by, and by means ofthe procedures set forth in, 40 C.F.R. Part 2, Subpart 

### B. Ifyou fail to claim the information as confidential, it may 

### be made available to the public without further notice to you.



### 3

# oEPA United Stilt

.. Environmental Protection Agency 

### Altachmcnl C

otflce of Enforcementand ComplianceAUUnll'lC8 (2201A) EPA300-F-030001 May2003


# u. S. EPA Small Business Resources 

# I,you own a small bUSiness, the United Stales Environmental Protection Agency (EPA) offers a variety ofcompliance assistance and tools to assist you in complying with federal and state environmental laws. These resources can helpyou understandyourenvironmental obligations, improve compliance and find cost·elfective ways to complythrough the use of pollution prevention and other innovativetechnologies. Hotllnes, Helpllnes and Clearinghouses EPAsponsorsapproximately89lr98 hodines and cleannghousesthat pI'OVldeconvenienl as5lStaoce regarding I!fWlrormenta! requwements The National Environmental Comphnce Assistance Clearinghouse provides QUickaccessto comP'iaJ'lCQ assistance toots, contacts. and planned activities lrom the U.S. EPA, SlaleS, and other compliance assistance providers: tmp:llwww.epa.gov/clearinQl'louse Pottutlon Prevention Clearinghouse**~;jIwww.epa.gov/opptintrllbralY/ppicindex.htm** EPA's Small Business Ombudsman Hotline can provide a list of all the hoI hnes and assist In determining Ihe hoiline best meellng your needs: (BOO) 368·5888 Emergency Planning and Community Righl·To-KnowAet (800) 424-9346 National Response Center (to reportoil and hazardoU5 substance spills) (800)424..fl802 Toxies SobstanoM andAsbestos lnfonnatlon (202)554-1404 safe Drinking Water (800)426-4791 Stratospheric Ozoneand**Ref~ts** Infonnetlon (800)296-1996 Clean Air Technology center (919)541.{l8OO Wetlands Helpllne (BOO)832-7828 EPA Websltes EPAhasseverallntemetsitesthat provide useful compli· ance assistance informatIOn and matenalS lOtsmall buSinesses. If you don'thave accesstothe Intemel at yourbuSiness, many public libranes provide accessto the Internet at mlnlmslornocost EPA's Horne Page hltp:llwww.epa.gov Small Business Assistance Program hnp:/lwww.epa.gow'ltrv'sbap Office of**Enfor~ment** and Compliance Assurance htlpJ/WYIw.epa.gov/comptiance Compliance A.al.tance Home Page hltp:liwww.epa.govlcomphancei8SSiStanc8 Office of Regulatory Enforcement htlp:/lwww.epa·oov/complianceIClvllflr'!de_ hlml Office of Site Remediation Enforcement htlp·//WYIw.epa.gov/compiiancelcteanup Innovative Programs for EnvlronmMtal Performance hItpJ/www.epa.govlpartners Small Business Ombudsman www.sba.gov/ombudsman

Office of Enforcement and Compliance ASSl.rance; http://wwwepagovfcompJl8nce R9I. _._.'_ "'Q1"

_**~w;,,_,,",_",_** 

### ...
_U.S. EPA SMALL BUSINESS RESOURCES
Compliance Assistance Centers In pannelstupWIth IIldustsy, umver.il!leS, and otherfederal and state ageoocs, EPAhas establiShed national Comphance AssIstance Centersthat proVIde Inlemetandiaxback' assistance seMC8SfOf several industries with manysmall businesses. ThefolloY.ingComplianceAssistance Centers canbeaccessed through the Cente(sgateway at http}1 www.asstSW'Ce08flters,netorby**ca~ing** thephone numbers belowandat !heirrespectlvewebsites: Metal Finishing (1-800-AT-NMFRCorwww,nmIrc.org) Printing (1 ,686·USPNEAC Ofwwwpneacorg) Automotive Service and Repair (l·888-GAN-UNKor""lwwccar.greenknk0111) Agriculture (1-888-663-2155orwww,epa..gov/agncultureJ Printed Wiring Board Manufacturing (1-734-995-4911orwww,pwbrc.org) The Chemlcallndu8try (1-8Q0.6n-6048orwww.cnemaJliance.Ofg) The Transportation Industry (1-888-459-0656orwww.transource.Ofg) The Paints and Coatings Center (1-800-286·6372orwwwpalntcenterOfg) Three new centers are underdevelopmentfortheauto salvage seclor.the construction Industry ami U S Mexican borderwaste Issues State Agencies Many state agencies have established comphance assistance programs that provide on-site ami othertypesof assistance. Contact your local state environmental agency 10f more lnlormalion. For assistance in reaching Slale agencies, call EPA's Small Business Ombudsman at (800)-368-5888orvisit the Small Business Environmental Homepage at hnp:llwww.smallblz-enviroweb.org!statehlml. Compliance Incentives EPAprovides Incentives lor envllonmentaJ compliance. By partlClpatLng In compliance aSSlstance programs or voluntarilydiscloSing and promptlycorrecting VIOlations, businesses maybe eligible lor penalty waiversorreductions. EPA has two policies that potentially apply to small businesses: TheAtJdft Policy(http://www.epa,gov/compti. anceflflCentJveslaudlting) and the Small Business Policy (http://www.epa.gov/compliancefncentlveslsmaJlbusiness). These do not apply If an enforcement action has a,ready been initiated, Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulatory Enforcement FalfnessAct (SBREFA) established an ombudsman rsBAEFAOmbudsman')and 10Regional Fairness Boardsto receive comments from small busnessesaboutfederal agencyentorcement actions, The SBREFAOmbudsman wiI annually rate each agencys responSlVeOeSStosmall businesses, Ifyou beReve mat you lall witI1ln the Small BuSiness AdnunrSltatlorl's dehrntionofasmaKbuSIness (based00your NorthAmencan I stryClassrtlCalJOO System (NAICSl deSIgnatIOn number 01**e~ees** Ofannuallscelp's. defuledal 13C F R 121 201. In most cases thIS means abuSinesS**~,th** 500 Of fewer employees), andWISh tocomment00feoelal enforcement and compll8f'lC8 activllleS, call the SBAEFA Ombudsman'stoII4ree numberal 1-886-AEG-FAIA(1-888- 734-3247), Every small business lhal is the subject of an enforcement orcompliance action is entlUed to commen1 on the Agency's actions without fearofretaliation. EPA employeesare prohibitedfrom USing enlOfcement or any othermeans of retaliation aga,nst anymemberofthe regulaTed community because the regulated communlly previously commented on its activities
Your Duty to Comply II you recelye compliance assistance or sutlm tcomments to tne SBAEFAOmbudsman or Reg,onal Fairness Boards you stltl have the duty to comply With the law. Including prOViding timely responses to EPA information reQuests, administrative or cMI complaints, other enforcement actions Ofcommunications The aSSislance Information and comment processes do nOt give you any new rights or delenses in anyenforcement aclion. These processes also do not allect EPA's obligation to protect public heallh orlhe environment underanyolthe environmental statutes it enforces, including the fight to take emergency remedial or emergency response actions when appropriate Those daclSlons Will be based On the facts in each Situation The SBAEFAOmbudsman and Fairness Boards do nOl panlclpate In resolVing EPA's entorcement actions Also, remember lhal to preserve yournghts. you need to comply wlIn all rules governing ltIeenforcement process. EPA Is d/sstlmlnatfng this Information to you wHhoutrTIlJlcinga**det~l~tion** thatyourbusiness ororganizationIsIIsmallbusiness8S deffnedby Sectfon 222 of tIM Small Business Rttgu/atory**Enfo~ment** FaIrness Act (SBREFA) orrelated provfsJom,