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ADMINlSTRATIVE COMPLAINT

AND 0 E T GREEME T

ENCY 2

T.D T TE

ENvmONMENTAL PROTE TION A

1

Docket No. CAA-08-2011_ 0020

In lht: Matter of; )

)

KODlAK OIL & GAS (USA) INC. )

)

Respondent.

AUTHORITY

The United Slnles Environmental Protection Agency~ Region 8 (EPA or omplainanl) is issuing

this Administrative Complaint and Consent Agreement (Agreemeot) to Kodiak Oil & Gas (USA) Inc.

(Respondent) pursuant to Sections lI3(n)(3) Elod l13(d)(1) ofthe Clean Air Act (CAA or the Acl), 42

U.S.C. § 7413(a)(3) and § 7413(d)(J). The Administrator ofLhe EPA has Lbe authority La enter into this

Agreement and thai authority has beenpropedy delegated to tile Wldcrsign d EPA offi inl.

A. 'TATUTORY AND RE ULATORY BACK ROUND

1. On June 19, 1978, EPA promulgated the Pr vention ofSignificant Deterioration (P D) regulations

pursuant to Subtitle I, Part C ofthe Act. 43 Fed. Reg. 26403. EPArev1sed the PSD regulations on

several occa$ious including August 7, 1980 (45 Fed. Reg. 52676) and December 31 2002 (67 Fed. Reg.

80186). Tllest: regulations are codified at 40 C.F.R. Part 52.

2. Terms u ed in this Af,'1'cement that arc defined in the Act or in regulations prom\llgated pursuant to the

A lhetll huv . Ul~ meanings .. signed to them therein, un! 55 otberwi e provided in this Agreement.

3. The emission so rees to which this Agreement relates arc in "Indian country" as defined at 18 U.

§11 51. The location of the missiou SOLUces are identified in Appendix A.

4. Section l65(a) ofthe Act 42 U..c. § 7475(a), and the PSD regulations implementing Part C at 40

\f.l . § 52.21 (a)(2)(iii)~ prohibit a majol' stationary sow'ce from commencing construction or majo .

modification of a major stationary source without a pelmit which states that the major stationary source

r modification would meet the requirements of40 .f.R. § 52.21 U) through (1').

5. 40 ~.F.R. § 52.21 (b)(5) defmcs a "stationary source)' as, any building1 • tructw'e, facility r in~tallation

which emits or may emit a regulated PSD lJOUutaut.

6. 40 C.F.R. § 52.21 (b)(l)(i)(b) defines a ~'major stationary source" as, amO/lg other things, any stationary

saurc Lual t;mits r has the potential to mit 2 0 tons pCI' year or mOl'e ofany regulated P 0 pollutant

7. On July I 2011, EPA promulgated nnal rules titled "Rcvic'f ofN v ourccs and Modifi ations in

Indian Country." (Tribal MinorNSR Rule) 76 Fed. Reg. 38748-808 (July 1,2011) (to be codified at 40

.F.R. urts 49 und 51). The fmaJ rules are effecLive on ugu l30, 2011.76 Fed. eg. at 38748. Once

effective) the l1l1es allow, among oUler things, for a synthetic minor source permit to be issued to an
otherwise major source that has taken a restriction, enforceable as a legal and practical matter, so that

th~ sourcc's potcntio.lto emil is Jess than thc amounts for major sources.

8. This proceeding is governed by the Consolidated Rules of Practice Governing the Admin.istrative

Assessment ofCivil Penalties, and the Revocation, Termination or Suspension of Pemlits (Consolidated

Rult=s) set fortb at 40 C.F.R. Part 22. The U.S. Department ofJustice has concurred with EPA Region

8's requl::st for authorization to commence an administrative enforcement action in tbis matter.

9. This Agreement is voluntarily entered into by the EPA and the Respondent for the purpose of

simuhuneollsly commencing and conchldillg this matter, as uuthorized by 40 C.F.R. § 22.13(b), and

executed pursuant to 40 C.F.R. § 22.18(b)(2) and (3) ofthe Consolidated Rules.

B. INTRODUCTOIlY PROVISIONS

1. This Agreement addresses a unique situation in that the Respondent is unable to obtain an effective

synlhttie mino!' sow'ee permit from EPA priolo to commencing construction because, pursuant to the new

Tribal Minor NSR Rule, the authority to issue such pennits begins August 3D, 201 1.

2. This Agreement is entered into by EPA and Respondent 10 setlJe alleged violations and allow

Respondents to comply as expeditimlsly as possible with the requirements of the eAA, specifically

PSD, of certain Bakken Formation Oil and Gas Emission Sources (emission soW'ccs) owned and/or

operated by Respondent, located within the exterior boundaries ortile Fort Berthold Indian Reservation

in North Dakota as described in Appendix A.

3. Respondent admits the jurisdictional allegations in this Agreement but does not admit the specific

factual allegations or legal conclusions made by the Complainal1l herein.

4. Respondent wuives its rights to u hearing before noy tribwlal and to contest ullY issue oflnw C)!' fact set.

forth in this Agreement.

5. Complainant asserts that settlement ofthis matter is in the public interest. Complainant and Respondent

agree that resoJving litis matter without further litigation and without adjl1dication of nny issue offact or

law is appropriate.

6. This Agreement, which includes Appendices A and B, upon incorporation into a Final Order, applies [0

and is binding upon EPA and upon Respondem, and Respondent's officers, directors, employees, agents,

successors and assigns.

7. This Agreement contains all terms ofthe settlement agreed to by the EPA and Respondent.

C. ALLEGED VIOLATIONS

2
1. Respondent is a Colorado corporation and therefore a "person" as defined in section 302(e) of the CAA,

42 U. .C. § 7602«).

2. Respondent owns undlor operates the emission sources described in Appendjx A.

3. Complainant alleges that Respondent violated the CAA by construcling each ofthe major stutionary

sources identified in Appendix A. Table A-l without first obtaining a PSD permit pursuant to 40 C.F.R.

§ 52.21.

D. REQUIREMENTS UNDER THIS AGREEMENT

The EPA and Respondent, by U1Cir lUldel'signed represcntatives, hereby eonselll and ftgree as

follows:

I. Pcnnitting

a. Within one year of the effective date ofthis Agrcement, for all Existing Emission Sources listed

in Appendix A. Table A·1. Respondent shall submit to EPA a complete synthetic minor source

pemlit application under EPA '5 Tribal Minor NSR Rule. IfRespondent detcrmincs that an

emission source was incorrectly included in Appendix A. Table A-I, it may notify EPA ofthut

fact by October 14. 2011. In this circwnslance. Paragraph F.13 below shall apply.

b, By October 1,2011, Respondent shall submit to EPA Ii complete synthetic minor source permit

application for New Emission Sources listed in Appendix A, Table A-2 that will commence

constnlclloll during the period 5tarting Augus! 31, 2011, and ending Dccember 31, 201 J.

c. By November 1, 2011, Respondent shall submit to EPA a complete synthetic minor source

pennit application lor New Emission Sources Ii~tcd in Appendix A, Table A-3 thut will

commence construction during the period starting January 1,2012, and cnding March 31, 2012.

d, Oy January It 2012. Rcspondent shall submit to EPA a complete synthetic minor source permit

application for New Emission Sources listed in Appendix A, Table A-4 that will commence

construction during the period starting April 1, 2012, and ending Junc 30, 2012.

e. Any emission sources for which construction will commence after ltme 30, 2012, arc not subject

10 this Agrccment and Respondent must obtain an effective synthetic minor source pennit from

EPA or comply with the provisions of 40 C.P.R. § 52.21 prior to commcncing construction.

f, Inclusion ofan emission tiource listed in Appendix A, Table A·2, A-3 or A-4 docs not prccillde

Respondent from commencing construction ofthat emission source after the date specified in the

relevant Paragraph D.l.b,e, and d above However, all such emission sources mllst commenceconstruction prior to June 30, 2012.

g. Ifthosc emission sources listed in Appendix A, Tables A·2, A-3, and/or A-4 do not commence

construction by JUlIe 30. 2012, then they arc thcrefore not subject to Section 0 ofthis

Agreement.
2. Control Requiremems

a. For all Existing Emission Sources listed in Appendix A, Table A-I, the Respondent shaJl comply

with the requirements of Appendix B by no later Ihnn December 1,2011.

b. For all New Emi5sion Sources listed in Appendix A, Tablc5 A-2, A-3, and A-4 the Respondent

shall comply with the rcquirements of Appendix R upon slart~up of production. Emission

sources that receive tlO effective synthetic minor source pennit before commencing construction

arc not subject to lhe requirements ofthis Agreement.

3. Notification

Respondent shall notify the EPA on the last business day ofeach month of all of the emission

sources subject to this Agreement tllat commence construction in the previous month. Respondent shall

also notify the EPA whether Ihose emission sourCeS are mecting the control requirements as required by

Appendix 0 and whether they have received an effective synthetic minor source permit. This notice

shHll also include a list of emissions sources lhat are removing a 98% control device and using 8 90%

control device as outlined in Appendix Jl

Unless othenvise specified herein, whenever Respondent's notification, submissions, or

communication arc required by this Agreement, they Shllll be made: electronically or mailed to the

follOWing:

Cynthia J. Reynolds, Director

U.S. EPA Region H(8ENF-AT)

Ail' & Taxies Technical Enforcement Progmm

1595 Wynkoop SI.

Deover, CO 80208-1129

reyoolds.cynthill@epa.gov

F.. ClVI.L PF.NALTY

1. Pursuant to an amtlysis oftlle facls and circumstances ofthis case with the SUltUIOry ractors described in

section 113(d)(I)(B) ofthe CM, 43 U.S.C. §7413(d)(I)(B), EPA has detennined that an appropriate

civil penalty to settle this action is lhe amount of $3,000 per emission source listed in Appendix A for l1

lotal of Fifty-Seven Thousand Dollars ($57,000,00).

2. Respondent consents to the issuance of a Final Order and consents for the purpose ofseulement to the

payment ofthe eivil penally in the manner described below in this paragraph:

a. Payment is due within 90 calendar days from the date ofthe Final Order, to be issued by the

EPA's Regional Judicial Officer, thal adopts this Administrative Complaint and Consent

Agreement. Iftlil: due date ralls on a weekend or legal fedeml holiday, then thc due dale

becomes the next business day. TIle date the payment is made is considered to be the date

4
processed by the Bank described below. Payments reccived by 11 :00 AM arc processed on the

next business day.

b. The payment shall he made by remitting a cashier's or certified check, including the name and

docket nwnber ofthis case, for Ihe ealc\llalCd amount, payable to "Treasurer, UnHed States or

America,,' 10:

CHECK PAYMENT:

US Environmental Protection Agency

Fines and Pcnahics

CincillJ]ati Finance Center

PO Box 979077

SI. Louis, MO 63197-9000

OVERNlGIIT MAIL:

U.S. Bank

1005 Convention Plaza

M.i1 Station L·MO·C2GI.

RI. Louis, MO 6310 I

Contact: Natalie Pearson

314-418-4087

WIRE TRANSFER:

Wire Transfers should be direcled to the Fcdcrul Reserve Dank ofNew York

Fedcml Reserve Dank of New YoLk

ABA = 021030004

Account 68010727

SWIFT address -FRNYUS33

33 Liberty Sirect

Ncw York, NY 10045

Field Tag 4200 ofthe Fcdwire message should read AD 6801727 Environmental Protectioll

Agency

ACH (also known as REX or remittance express):

Automated Clearinghouse (ACH) for receiving US currency

PNCBank

808 17mStreet, NIV

Washington, DC 20074

Contact BJesse While 301·887-6548

ARA = 051036706, Transaction Coue 22- checking

Environmental Protection Agency, Account 31 0006, eTX Format

ON-LINE PAYMENT:

There is now an On Line Payment Option, available: lhrough the Dept. ofTreasury. This paymcl1l

5
option ean be accessed from the infomlation below:

www.pay.gov

Entersfo 1.1 in thc search field. Opcn form lind complete required fields.

A copy ofthe check, OJ' wire transfer, shall be sent simultancously to:

Alexis North (8ENF-AT)

U.S. EPA Region 8

Technical Enforcement Program

1595 Wynkoop St.

Denver, CO H0202-1129

and Tinu Artemis

Region.1 Hearing Clerk (8RC)

U.S. EPA Region 8

1595 Wynkoop St.

Denwr, CO 80202-1129

e. Payment afthe penalty in this manncr does not relieve Respondent ofits obligalion to comply

with the requirements of the eAA and its regulations.

F. GENERAL PROVISIONS

I. Thc emissions controls required in Appendix Bunder this Agreement shall bc considered "federally

enforceable" and, as applicable, "legally (\nd practicably enforceable" for purposes ofealcuhuillg the

potential to emit for the emission sources covered under this Agreement.

2. Failure by Respondent to timcly apply for, and uhimately obtain, the synthetic minor permit for any

emission source identifieu in this Agreement or to comply with thc requiremcnts of Section D and

Appendix B shall render any release or satisfaction ofliability afTorded under tlus Agreement null and

void as to that source.

3. Nothing in this Agreement shaH be construed as n waiver by the BPA or any otber federal entity of its

authority to seck costs or any appropriate penalty associated witb any collection action instituted as n

result of Respondent's fuilure to perform pursuant to the tcnns of this Agreement.

4. Once the Respondent has received a synthetic minor source pennit from EPA for the emission source

identified in Appendix At and that permit has bccome effectivc, the terms of ibat pernot supersede this

Agreement.

5. For all Existing Emission Sources listed in ApPlmdix A, Table A·I , Respondent's submission offt

complete synthetic minor source permit application will constitute compliance with the relevEmt CAA

provisions during the period Oflhis Agreement.

6. For all New Emission Sources listed in Appendix A, Tables A-2, A-3, and A-4, compliance with Ihe

relevant CAA provisions requires that Respondent; a)obtains un effcctive synthetic minor source penniti

b) is subject to an EPA approved Federal implementation PJan which allows for a permit by nile; or c)

6
complies with CI new EPA applicable CAA regulation that removes them from PSD applicability

7, Notwithstanding the te1ms ofthis Agreement, the Respondent must meet allY other applicable

requirements ofthe Act or its implementing regulations.

8. Respondent agrees that for any emission source operated without the conirols required by this

Agreement, except for instances ofmalfunclion, Respondent is in violation ofthis Agreement.

Malfunction shall be defincd as any sudden, infrequcnt, and not reasonably preventable failure of air

pollution control equipment, process equipment, or a process to operate in a nonnal or usual manner,

eauscd by circumstances entirely beyond the cOlllrol ofthe owner or opemtor, but shall not include

failures that are caused in whole or in part by poor maintenance or careless operation.

9. Respondent agrees that any emission source whose actual emissions have exceeded 250 tons per year is

not covered by this Agreement, including any emission source listed by the Respondent in Appendix A.

10. Each undersigned representutive of the HPA Bnd RCJI,pondents (parties) tu this Agrecmenl certiOes that

he or she is fully authorized by the Party represented to bind lhe Party to the terms and conditions ofthis

Agreement and to execute and legally bind that Party to this Agreement.

JI. The Partics agrce to submit this Agreement to the Regional Judicial Officer, with a reqllest that it be

incorporated into a Final Order.

12. '11le tenus, conditions, and compliance requirements oftilis Agreemenl may not be modified or amended

except upon the writtcn agreement of both parties. and approval of a Regional Judicial Officer.

13. Ifthe Respondem, pursuant to Paragraph n, 1.a, abovc, wishes to amend the list of emission sources in

Appendix A, Table A~l. it shall submit those suggested changes to EPA for approval. If EPA agree.\

with the suggested changes. the Parties will submit (111 umended Agreemcnt to the Regional Judicial

Officer for incorporation into a revised Final Order.

14. The effective date of this Agreement is the date that the rinal Order is signed by the Regional Judicial

OUieer,

15. This Agreement, \lpon incorporation into a Final Order by the Regional Judicial Offieer and full

sausfaction by the Panics, shall be a complcte, full and final settlemcnt ofthe violations alleged in this

Agreement.

16. Each Party shall bear jls own costs and attorneys rees in connection with all issues associated with this

Agreement.

UNITED STATES ENVIRONEMENTAL

PRUTECTION AGENCY REGION 8,

Complainant.

7
at : -.L,f---+.....::....:.-----

ODIA}{OIL

Re pondent.

( c.

Date: August 26 2011
API'ENDlX A

EMISSION SOURCE INVENTORY

Table A·l ExistiDR Emission Sources (commenced construction by AURust 3D, 2011)

Source Latitude Section, Well site Casinghead Casinghead TanksITank Tank.rrank

Name and Township, completion gas gas control Battery Battery

Longitude Range date controlled device control control

or captured device device

install date

Moccasin 47.5891055 Sec. 34 Ground Pit Ground Pit Creek J6·34 T148N 4/2412009 Controlled 4/24/2009

Facility -101,4945916 R93W Flares Flares

Twa Shields 47.73344722 Sec. 8 Controlled Ground Pit Ground Pit 617f2009 BUlle l6-8 -101.527730 TI49N 61712009 Captured(l) Flares(l) Flares faciliw R92W

Two Shields 47.67556111 Sec. 33 COiltrolled Ground Pit Ground Pit Butte t4-33 -102.462063 T149N 81912009 Capturcd(lj Flares(l) Flares 81912009

Facilitv R92W

Charglng 47,544002 See, 22 Ground Pit Ground Pit Eagle 1-22 -102.376399 T147N 10/9/2009 Controlled FllU'Cli Flares 10/9/2009

Facility R92W

Tall Bear 47.546564 Sec, 15 Ground Pit Ground Pit 16-15 TI47N 12/1312009 Controlled 1211312009

Facility -102.249838 R9IW FI8rc,~ Flarcs

Moccasin 4757461666 Sec. 3 Ground Pit Ground Pit Creek 16-3 T147N 2/1312010 Conlrolled 2/13/2010

FacilitY -101.4960833 R93W Flares Plares

Moccasin 47,590189 Sec, 34 Ground Pit Ground Pit Creek 13-34 T1411N 615/2010 Controlled 61512010

FllCilily -102.523329 R93W :Flares Flares

'1\\'0 Shields 47.70326 Scc.21 Controlled Ground Pit Ground Pit Butte 14-21 -102.46107 Tl49N 12111/2010 CapturedD} Flares(2) Flares 12/1112010

Facilitv R92W

Two Sllields Sec. 24 Butlc I Skunk 47.7166 T149N Anticipate CapturedO) Ground Pit Ground Pit Anticipate

Creek 2-24 -102.519778 8/26/11 Flares!) Flares 8/26/11

Facility R92W

(1) Gas became captured with pipeline installation 112111, gas is controlled with ground pit [Iare during treater

or pipeline malfunctions

(2) Gas becllme captured wim pipeline installation 4/8/11, gas is controlled with ground pit flare during treater

or pipeline malfunctions

(3) The wells at this facility are waiting on completion, gas pipeline cUITCnlly installed for capture of casinghead

gus, ground pit Jlare will be used for conllal during treater or pipeline malfuncl;ons

9
Tnble A-2 New Emission Sources (commencing construction between August 31, 20 II and

December 31, 2011)

Source Identification Section, Township, Range Expected Commence

Construction Date

Skunk Creek 12·10 FacUlty Sec. 10, TI48N·R93W 9,01.2011

Skunk Creek 2-8 FacililY Sec. 8. TI48N·R93W 11.01.2011

Charging Eltglc 15-22 Sec. 22, T147N·R92W 10.01.2011

FllclHty

Chltrging Eagle 1$·14 Sec. 14, T147N-R92\V 12,01.2011

Fntilliv

Table A-3 New Emission Sources (conmlencing construction between January 1,2012 and

~ch 31 2012)

Source Identification Section, Township. Range Expecled Commence

Construction Date

Skunk Creek 9-2 Facility Sec. 2, T148N·R93W 3.01.2012

Moccasin Creek 16·26 SeC. 26, T148N-R93W 3.01.2012

Facilitv

Two Shields Hulte S·7 Sec. 7, T149N·R92W 3.01.2012

~li!i'

TWo Shields 6utle]·24 Sec. 24, T149N-R93W 3,01.2012

Fl'Icllit '

Moccasin Creck H 4 Sec. 14 Tl47N-R93W 3.01.2012

Table A·4 New Emission Sources (commencing construction between April 1,2012 and June

30 2012)

Source Idcnlificnuon Seclion. Township. Expected Commence

Ran.e Construction Dale

Skunk Creek 13-18 Facility Sec.18, TI48N-R92W 04.01.2012

c10
APPENDIXB

EMISSION CONTROL REQUIREMENTS

A. Applicability

These requlremt:nts apply (0 existing and new emission sources BssocJated with oil production from

the Bakken Fonnation on the Fort Berthold Indian Reservation in North Dakota Hnd target the control

of casinghead gas emissions (also known as treater gas) and emissions from oil and produced water

storage tanks (tanks).

II. Control Requirements

All casinghead gas and tank emissions must be conlrolled or captured \1pOn start of production. If

gtl.~ gathering infrastructure is in place, casinghead gns shall be rouled 10 a ga~ gathering pipeline as

soon as practicable. When a pipeline is not available, casinghead gas is required Lo be routed to a

contl'ol system or device in lhe Control Syslem List below. The Control System List also applies to

emissions from oil and produced water storage tanks, Capture or control devices shall be operMcd at

aillimcs when emissions mny be vented to them.

The owner/opcrator shall mnintnin and operate all air pollution control equipment, and all etjuipmenl

employed to contain Bnd collect vapors and transport them to the emission control system or devlce,

in accordance with the manufacturer's recommendations and in a manner consistent with good ail'

pollution control practice for minimizing emissions.

Control System List

J. A ground pit flare (including, but not limited to pit flarcs, shop built flares or otber similar

oilfield type flares) or other 90% or greater DRE device, If a ground pit flare is utilized, a

90% ORE to be assumed. This is cOllsidcrcd the minimum level of control for tank lind

treater gas emissions at all times.

2. A vapor recovery unit or oil stabilizer that is designed and operated to reduce the mass

content. ofVOC and total hazardous air pollutant (HAP) emissions ill the vnpors ,'ented to the

device by at least 95% by weight.

3. An enclosed combustion device appropriately sized for the site's operllting parameters and

for which the mAnufacturer represents will achieve a uestruction efficiency of at least 95% of

the VOCs with respect to tbe volumetric flow and BTU content ofthe site's wllste gas

stream. An enclosed combustion device is operated inCluding, but not limited 10 the

following:

• This device should be operated with no visible emissions except tor periods not to

exceed a total of 5 minutes during any 2 conseculive hours; Melhod 22 of40 CFR

Appendix A shaH be used to determine the compliance with this visible emission

provision,

1J
• Owner/operator shall install an appropriate, reliable tempcrntUl'c scnsorllrnnsmitlcr

thut indicates continuous ignition oflhe pilot flame on the control device. The

sensor/transmitter' will be connected to the site's Supervisory Control and Dnta

Acquisition (SCADA) System. The SCADA system will record temperature readings

at a specified frequency and will be programmed to trigger an alarm iftclllpcraturcs

outside of a pre-programmed range are detected. For the purpose ofthis paragraph,

"continuous" monitoring equipment shall measure arid record values Micas! once

every hour.

4. A utility flare (using an open flame without enclosure) that is designed and operated to

reduce the mass cOlllent of vae nnd lotal :HAP emissions in the VI\P0I'S vented to the device

by at least 98% by weight. A utility flare is any narc that is designed and operatcd in

f\ccordance with the rcquirements of 40 C.F.R § 60.18. Requiremcnts of 40 C.r-.R § 60.18

include, bUI arc not limited to the following:

• Flare shall be designed and operated with no visible emissions except for periods not

to exceed Il totnl of 5 minutes during any 2 conseculive hours; Method 22 of 40 CFR

Appendix A shall be used to detemline lbe compliancc with this visible cmission

provision;

• Flare shall be operated with a flame pI'esent at all times;

• An owncr/operutor has the choice of adbering to either the helll content specifications

in paragraph 40 C.F.R. § 60. t8(c)(3)(ii) and the maximum tip velocity specifications

in plll11graph (c)(4) or adhering to the requirements in40 C.F.R. § 60.l8(c)(3)(i);

• Flares used to comply with this section shall be steam-assisled, air-assisted or

nonassistedj

• Owners/operators offlares shall monitor the control devices to ensure that they arc

operated and lllaimained in eonf01mance with their designs;

• The presence of 8 flare pilot flame shall be monitored using a thermocouple or Any

other equivalent device to detect the presence of a name. Continuous checks by an

operator to verify lhe existence ofa visible name or to verify proper operation ofthe

igniter may be used in Heu ofu physical device. For the purpose ofthis paragraph,

"conlinuous" monitoring equipment shall measure and record values at least once

evel'Y hour.

• For safety and air pollution control purposes: each fiarc must be equipped and

operated with un automatic ignitor or n continuous bllrning pilot, which mllst he

maintained in good working order. This is required even iflhe narc is used for

emergency purposes only.

5. C0I11r(l1 devices other than those listed noon mny be milizcd upon appl'Qvlll from the EPA.

C. H.ccOJ·dkeeping Rcquit'cments

I. Owner/operator shull maintuin eonlro] device temperature logs for three years.

12
CERTIFICATE OF SERVICE

The undersigned cl..:rtifies that the originul orthe attached ORDER GRANTING

ELECTRONIC FILING OF CONSENT AGREEMENT AND FINAL ORDER in the matter

of KODIAK OIL & GAS (USA), INC.; DOCKET NO.: CAA·08-2011·0020, was filed with

the Regional He,aring Clerk on August 29. 20 II.

FW1her. the undersigned certifies Lhat a true and correct copy ofmc document was

delivered to jim Eppers. Enforeemen' Attorney, U. S. EPA - Region 8. 1595 Wynkoop Street.

Denver. CO 80202·1129. True and correct copies orthe aforementioned documents were plnccd

in the Uniled Stales mail 011 August 29. 21011. to:

Cathleen M. Osbom. Legal Cnunsel

Kodiak Oil & Gas Corp.

l.A:gal Counsel

1625 Broadway. Suite 250

Denver. CO 80202

And cmuilcd LO:

EI izabeth Whitsel

U. S, Environmental Protection Agency

Cincinnati Finance cnler

26 W. Manin Luther King Drive (MS-0002)

Cincinnati. Ohio 45268

Augus' 29. 2011

" it m .{).tlLm.J/2

Tina Artemis

Paralegal/Regional Hearing Clerk