2478ss01

SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota

Part A of the Supporting Statement

1. Identification of the Information Collection

(a) Title and Number of the Information Collection.

Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota (40 CFR Part 49, Subpart K, §§49.4161 through 49.4168). This is a new information collection request (ICR), and the EPA tracking number is 2478.01 and the OMB Control Number is 2008-[NEW].

(b) Short Characterization.

This ICR covers information collection requirements in the final Federal Implementation Plan (FIP) for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nation), North Dakota (40 CFR Part 49, Subpart K, §§ 49.4161 through 49.4168), herein referred to as the FBIR FIP. The information collected will be used by EPA and delegated tribal agencies to determine the compliance status of sources subject to the rule.

On August 15, 2012 (77 FR 48878), the EPA promulgated an interim final FIP for oil and natural gas well production sources operating on the Fort Berthold Indian Reservation (FBIR) which addressed volatile organic compound (VOC) emissions from well completions, recompletions, and production and storage operations. The standards in the FBIR FIP apply to any person who owns or operates an existing (constructed or modified on or after August 12, 2007), new, or modified oil and natural gas production facility that is located on the FBIR and producing from the Bakken Pool¹ with one or more oil and natural gas wells, any one of which a well completion or recompletion operation is/was initiated on or after August 12, 2007.

The potential respondents are owners or operators of oil and natural gas production facilities found throughout the FBIR. For the purposes of the FBIR FIP, an oil and natural gas production facility consists of all the air pollution emitting units and activities located on or integrally connected to one or more oil and natural gas wells that are necessary for production operations and storage operations. An oil and natural gas well is a single well that extracts subsurface reservoir fluids containing a mixture of oil, natural gas, and water. A well completion means the process that allows for the flowback of oil and natural gas from newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or tank. A well completion operation means any oil and natural gas well completion with hydraulic fracturing occurring at an oil and natural gas production facility. The completion date is considered the date that construction at an oil and natural gas production facility has commenced. The recompletion date is considered the date that a modification has occurred at an oil and natural gas production facility.

In general, owners or operators are required to maintain records of all oil and natural gas well completions and recompletions, required monitoring, and rule compliance. The FBIR FIP also requires annual reports containing information for each oil and natural gas production facility, including a summary of all required records identifying each oil and natural gas well completion or recompletion conducted during the reporting period, and a summary of all instances where construction or operation was not performed in compliance with the requirements of the FBIR FIP during the reporting period. These reports and records are essential in determining compliance, and are required of all sources subject to the FBIR FIP.

We estimate that 10 operators and 780 oil and natural gas production facilities will be subject to this FIP over the next three years. The oil and natural gas production facilities subject to this rule will incur approximately 29,655 hours in annual monitoring, reporting, and recordkeeping burden (averaged over the first three years after the effective date of the rules), incurring an estimate $6.5 million ($2012) in burden. This includes an annual average of 29,655 labor hours per year at a total labor cost of $1.4 million per year, average annualized capital costs of $2.2 million per year, and average annual operating and maintenance costs of $2.9 million per year over the 3-year period for this ICR.

2. Need For and Use of the Collection

(a) Need/Authority for the Collection.

The EPA is charged under Sections 301(a) and 301(d)(4) of the Clean Air Act (CAA) to promulgate regulations as necessary to protect tribal air resources. Promulgating the FBIR FIP addresses an important initial step to fill a regulatory gap between state and federal requirements with regard to controlling volatile organic compound (VOC) emissions from oil and natural gas production operations on the FBIR. There is no other federal rule, including the recently finalized New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAP) for the Oil and Natural Gas Sector (NSPS OOOO and NESHAP HH)², that establishes air pollution control regulations for the particular oil and natural gas production operations that exist on the FBIR. This is in contrast to oil and natural gas operations off the Reservation, which are governed by the North Dakota Department of Health (NDDoH) regulations and North Dakota Industrial Commissions (NDIC) regulations within the State of North Dakota’s jurisdiction. Consistent with the regulatory structure that exists off the FBIR, and NSPS OOOO, the FBIR FIP has requirements for VOC emissions control and reductions, monitoring, recordkeeping, and reporting.

In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

• establish and maintain such records;

• make such reports; install, use, and maintain such monitoring equipment,

• and use such audit procedures, or methods;

• sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe);

• keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;

• submit compliance certifications in accordance with Section 114(a)(3); and

• provide such other information as the Administrator may reasonably require.

(b) Use/Users of the Data.

These records and reports are necessary for the EPA Administrator (or the tribal agency if delegated), for example, to: (1) confirm compliance status of stationary sources; (2) identify any stationary sources not subject to the requirements and identify stationary sources subject to the regulations; and (3) ensure that the stationary source control requirements are being achieved. The information would be used by the EPA or tribal enforcement personnel to: (1) indentify stationary sources subject to the rules; (2) ensure that appropriate control technology is being properly applied; and (3) ensure that the emission control devices are being properly operated and maintained on a continuous basis. Based on the reported information, the EPA Administrator (or the delegated tribe) can decide which stationary sources, records or processes should be inspected.

3. Nonduplication, Consultations, and Other Collection Criteria

(a) Nonduplication.

The EPA does not anticipate a significant additional burden on the respondents due to potentially duplicative recordkeeping or reporting requirements. Because the FBIR FIP applies to sources located in Indian country, other federal agencies may also have jurisdiction on the FBIR. The EPA reviewed other federal regulations and discussed potentially applicable requirements to the respondents with staff from other federal entities to determine if and when the possible duplication of information collection exists. The EPA has identified potentially minor duplicative recordkeeping and reporting requirements with other federal regulations; however, we have determined that some sources may not be subject to the duplicative requirement or the duplication does not result in a significant burden to the respondents.

The U.S. Department of Interior (DOI) has established regulations that may apply to the respondents of the FBIR FIP. DOI jurisdiction differs from EPA’s jurisdiction under the CAA in that the applicability of DOI regulations is dependent on the lease status of the land where the facility is located. While DOI regulations do apply to a large majority of the respondents, oil and natural gas production facilities on the FBIR that are not operating on a federal or Indian oil and natural gas lease are not subject to DOI regulations. Therefore, certain requirements of the FBIR FIP are only potentially duplicative as DOI regulations may not apply to all sources subject to the FBIR FIP.

The FBIR FIP at §49.4166(a) requires owners and operators to measure the barrels of oil produced according to the methods specified in the Bureau of Land Management (BLM) Onshore Order #4, which also specifies that records of this measurement be kept for six years.³ This information is reported on a monthly basis to the Office of Natural Resources Review (ONRR) through Form OGAR-A.⁴,⁵ The FBIR FIP also requires recordkeeping of the barrels of oil produced (see §49.4167(a)(1)). Additionally, the FIP requires owners and operators to keep records of the volume of produced natural gas sent to the control device (see §49.4167(a)(2)), which is reported to the ONRR on a monthly basis through Form OGAR-B.⁶ Although the FBIR FIP requires similar recordkeeping, the information collected is not required to be submitted in the annual report. This information would also be necessary to be kept by the respondents as standard industry practice regardless of the FBIR FIP in order to determine applicability to federal CAA permitting requirements. Therefore, these potentially duplicative recordkeeping requirements do not impose any additional burden on the respondents and are not included as part of this ICR.

The FBIR FIP requires owners and operators of oil and natural gas production facilities to submit an annual report each year (see §49.4168(b)). As part of the annual report, the respondents are required to provide information about the date, time, duration and location of well completion and recompletion operations performed during the reporting period, as well as the first date of production for each oil and natural gas well. The EPA has determined that the location of well completion and recompletion operations and the first date of production are also required to be reported to the BLM within 30 days following completion operations through Form 3160-4.⁷ However, the EPA believes this potentially duplicative information request is extremely minimal and does not pose a significant burden to the respondents. Although, the EPA would accept a copy of the submitted Form 3160-4 in lieu of any duplicated information required in the annual report for the FBIR FIP, we anticipate it will be easier for the respondents to separately include the location of the well completion or recompletion and first date of production with the other information submitted in the annual report. The EPA has determined that the FBIR FIP requirements to report the date, time, and duration of flowback and venting during completion and recompletion operations are not duplicative of any other DOI requirements that require similar information during the production phase (i.e. as opposed to the completion phase requirements in the FBIR FIP).

The EPA asserts that any potentially duplicative recordkeeping or reporting requirements of the FBIR FIP are necessary for the Agency to ensure compliance with the rule. We also note that the potential for duplication only exist for facilities subject to DOI requirements, which may not apply to all facilities on the FBIR depending on the land lease status of the facility. The information submitted to BLM and ONRR is not publicly available and it would be extremely resource intensive for the federal agencies to share such a small component of information relative to the total information the EPA is requesting under this ICR. Furthermore, much of the information collected under this ICR is a customary and usual business practice for the respondents. The oil and natural gas industry maintains their own records of production operations as part of routine business operations. The recordkeeping and reporting requirements in the FBIR FIP have been minimized to the greatest extent practicable while still ensuring compliance with rule as an effort to reduce the regulatory burden on the respondents. Additionally, the FBIR FIP at §49.4164(f) exempts sources subject to the storage tank control requirements of NSPS OOOO from the requirements of the FBIR FIP for the same affected equipment; therefore, there is no duplication with other EPA regulations.

(b) Public Notice Required Prior to ICR Submission to OMB.

This section is not applicable because this is a rule-related ICR.

(c) Consultations.

In developing the FBIR FIP, EPA performed a comprehensive review of existing state rules and industry standards, as well as consulted with the Three Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation, individual companies, and state and federal agencies. During the fall of 2011, multiple workshops were held with FBIR operators in Denver, Colorado to discuss the technical operations and potential permitting of oil and natural gas production facilities on the FBIR. The Agency’s industry experts, including staff from the Office of Air Quality Planning and Standards, also provided expert advice throughout the development of the FBIR FIP. Additionally, the EPA held a public hearing in New Town, North Dakota on September 12, 2012 during the 60-day public comment period. A summary of the consultations are presented in the table below.

Organization	Contact Person
Enerplus Resources	Tony Lucero
Marathon Oil Company	Rebecca Skiba
EOG Resources	Curtis Rice
QEP Resources	Craig Brown
WPX Energy	Jodell Mizoue
Slawson Exploration Company	Ray Gorka
XTO Energy	John McMichael
PetroHunt (MeGee Consulting)	Mike MeGee
Three Affiliated Tribes of the Mandan, Hidatsa, and Arikara Nation	Fred Fox
Bureau of Indian Affairs	Jeffrey Hunt
North Dakota Department of Health	Jim Semerad
Office of Air Quality Planning and Standards	Bruce Moore

(d) Effects of Less Frequent Collection.

Respondents must monitor all specified criteria at each affected facility and maintain these records for five years. The required reporting frequency to EPA has been established to minimize the burden on owners and operators of affected facilities.

(e) General Guidelines.

This collection of information is consistent with all OMB guidelines established by OMB at 5 CFR Part 1320, Section 1320.5.

(f) Confidentiality.

All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

(g) Sensitive Questions.

This section is not applicable because this ICR does not involve matters of a sensitive nature.

4. The Respondents and the Information Requested

(a) Respondents/NAICS Codes.

Potential respondents under the FBIR FIP are each owner or operator constructing, modifying or operating an oil and natural gas production facility producing from the Bakken Pool with one or more oil and natural gas wells, for any one of which completion or recompletion operations are/were performed on or after August 12, 2007, that is located on the FBIR. The North American Industry Classification System (NAICS) code for the oil and natural gas industry potentially subject to the FBIR FIP is 211111 (Crude Petroleum and Natural Gas Extraction).

(b) Information Requested.

(i) Data Items, Including Recordkeeping Requirements.

Recordkeeping
Maintain records of the measured barrels of oil produced at the oil and natural gas production facility each time the oil is unloaded from the produced oil storage tanks	49.4167(a)(1)
Maintain records of the volume of produced natural gas sent to each enclosed combustor, utility flare, and pit flare	49.4167(a)(2)
Maintain records of the volume of natural gas emissions from the produced oil storage tanks and produced water storage tanks sent to each enclosed combustor, utility flare, and pit flare	49.4167(a)(3)
Maintain records of each oil and natural gas well completion operation and recompletion operation	49.4167(a)(4)
Maintain records of the written, site-specific designs, operating instructions, operating procedures and maintenance schedules for each enclosed combustor, utility flare, and pit flare	49.4167(a)(5)(i)
Maintain records of all required monitoring of operations for each enclosed combustor, utility flare, and pit flare	49.4167(a)(5)(ii)
Maintain records of any deviations from the operating parameters specified by the written site-specific designs, operating instructions, and operating procedures	49.4167(a)(5)(iii)
Maintain records of any instances in which the pilot flame is not present, auto ignition system is not functioning, or the monitoring equipment is not functioning in the enclosed combustor, the utility flare, or the pit flare	49.4167(a)(5)(iv)
Maintain records of any instances in which a recording device installed to record data from the enclosed combustor, utility flare, or pit flare is not operational	49.4167(a)(5)(v)
Maintain records of any time periods in which visible smoke emissions are observed emanating from the enclosed combustor, utility flare, or pit flare	49.4167(a)(5)(vi)
Maintain records to demonstrate compliance with the use restrictions for pit flares	49.4167(a)(6)
Maintain records of any instances in which any closed-vent system or control device was bypassed or down, the reason for each incident, its duration, and the corrective actions taken and any preventative measures adopted to avoid such bypasses or downtimes.	49.4167(a)(7)
Maintain records of the documentation of all produced oil storage tank and produced water storage tank inspections required in § 49.4166(e) and (f).	49.4167(a)(8)
Records retention requirements	49.4167(b), 49.1467 (c)
Notifications and Reporting
Each owner and operator must submit an annual report containing the information specified in 49.4168(b)(1) through (4)	49.4168(b)

(ii) Respondent Activities.

Respondent Activities

Read instructions.

Gather relevant information.

Enter information required to be recorded above.

Submit the required reports

Develop, acquire, install, and utilize technology and systems for the purpose of collecting, validating, and verifying information

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Train personnel to be able to respond to a collection of information.

Completing and reviewing the collection of information

Transmit, or otherwise disclose the information.

5. The Information Collected–Agency Activities, Collection Methodology, and Information Management

(a) Agency Activities.

The Agency activities associated with the FBIR FIP are provided in Exhibit 2a, Exhibit 2b, and Exhibit 2c for each of the three years of this ICR (located at the end of this supporting statement) and are introduced in section 6(c).

(b) Collection Methodology and Management.

Data and records maintained by the respondents are tabulated for internal use in compliance and enforcement programs of the EPA or delegated tribal agency. Records may be maintained by the respondents in hard copy or electronic format to allow flexibility and reduce the burden. As a further effort to minimize the reporting burden, the FBIR FIP allows for the electronic submittal of annual reports via email to [email protected]. The FBIR FIP also allows owners/operators to submit one report for all of their affected facilities, thus reducing the burden for multiple reports. Additionally, owners/operators are allowed to submit their annual reports required by the FBIR FIP at the same time as any required annual reports under the Title V operating permit program. The EPA Region 8 will continue to work with owners/operators to streamline the recordkeeping and reporting process whenever possible.

(c) Small Entity Flexibility.

Minimizing the information collection burden for all sizes of organizations is a continuing effort for the EPA. The impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation. EPA has tried to reduce the impact of this rule on small entities by the selection of highly cost-effective controls and specifying monitoring requirements that are the minimum to insure compliance.

(d) Collection Schedule.

The specific frequencies for each information collection activity within this request are shown in Exhibit 1a, Exhibit 1b, and Exhibit 1c: Respondent Burden of Reporting Recording Requirements, for the first three years after promulgation, respectively.

6. Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden.

Exhibit 1a, Exhibit 1b, and Exhibit 1c document the computation of individual burdens for the recordkeeping and reporting requirements applicable to the respondents for the FBIR FIP included in this ICR for each of the first three years. The table below contains a summary of the respondent burden hours and costs detailed in Exhibit 1a, Exhibit 1b, and Exhibit 1c.

Year	Total Annual Labor Burden (hours)	Total Annual Labor Cost ($)
1	22,213	$1,034,655
2	29,643	$1,380,745
3	37,109	$1,728,489
Total	88,965	$4,143,889
3-Year Average	29,655	$1,381,296

(b) Estimating Respondent Costs

The information collection activities for the FBIR FIP are presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c. The total cost for each respondent activity includes labor costs and capital/startup costs.

(i) Estimating Labor Costs

This ICR uses the following labor rates: $48.23 per hour for technical labor, $58.33 per hour for management labor, and $24.19 per hour for clerical labor. These rates are from the Employer Costs for Employee Compensation published by the Bureau of Labor and Statistics and represent the state of the industry in 2012 (Source: http://www.bls.gov/news.release/ecec.t02.htm). The rates are the total compensation rates and include the base rate for wages and salaries, as well as benefits such as paid leave, insurance, and retirement savings.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs

Capital/startup and O&M costs associated with the FBIR FIP result from the requirement to monitor and record proper operation of the control device through the use of an auto igniter or continuous pilot flame, each equipped with a remote notification system, malfunction alarm, and continuous recording device. These costs were also included in the EPA’s preliminary cost analysis, which concluded the FBIR FIP is not a significant regulatory action under Executive Order 12866.⁸ The capital/startup costs and O&M costs specific to the auto igniter and continuous pilot flame are the average estimated costs that were provided to the EPA by two of the operators subject to the FBIR FIP. The capital/startup costs and O&M costs include the costs for the continuous pilot flame or auto igniter, in addition to the costs for the remote notification system, malfunction alarm, and continuous recording device. Since the EPA has obtained information that an auto igniter or continuous pilot flame is typically already included with the control device, the EPA believes the estimated capital/startup and O&M costs are conservative overestimates. Furthermore, the annual capital/startup and O&M costs is expected to decline due to group discounts on equipment and increasing familiarity with the system components by the operators. The capital/startup costs and O&M costs were annualized over the expected lifetime of the equipment. Since the estimated lifetime of the equipment exceeds the 3-year period covered by this ICR, the annualized costs are included for each year. The table below shows the expected capital/startup costs and O&M costs for this ICR.

Capital/Startup vs. Operation and Maintenance (O&M) Costs
(A) Continuous Monitoring Device	(B) Capital/‌Startup Cost for One Respondent	(C) Average Annual Number of Respondents	(D) Average Annual Capital/Startup Cost, (B×C)	(E) Annual O&M Costs for One Respondent a	(F) Average Number of Respondents with O&M b	(G) Total O&M, (E×F)
Auto igniter or continuous pilot flame, each equipped with remote notification, malfunction alarm, and data recording device	$3,470	623	$2,161,810	$4,750	623	$2,959,250

Assumptions:

^a O&M costs reflect operation and maintenance of an auto igniter or continuous pilot flame, which is typically included as part of the control device. Therefore, the above costs are a conservative overestimation of actual costs.

^b Capital/Startup and O&M costs for continuous control device monitoring were already included in the cost analysis for the FBIR FIP, as detailed in the technical support document for the rule.

The average annual capital/startup costs for this ICR are $2,161,810. This is the total of column D in the above table. The average annual operation and maintenance (O&M) costs for this ICR are $2,959,250. This is the total of column G. Combined, the average annual cost for capital/startup and operation and maintenance costs to industry during the three year period of the ICR is estimated to be $5,121,060.

(c) Estimating Agency Burden and Cost

Because the information collection requirements were developed as an incidental part of FIP development under Section 301 of the CAA, no costs can be attributed to the development of the information collection requirements. Since reporting and recordkeeping requirements on many of the respondents are potentially required under the operating permits rule in 40 CFR Part 71, no additional operational costs will be incurred by the Federal Government for these sources. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of sources that is part of the EPA’s overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the Federal Government will incur are user costs associated with the analysis of the reported information, as presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c. This cost is based on the average hourly labor rate as follows:

Managerial $90.16 (GS-14, Step 5, $56.35 + 60%)

Technical $67.33 (GS-13, Step 1, $42.08 + 60%)

Clerical $34.05 (GS-7, Step 3, $21.28 + 60%)

These rates are from the Office of Personnel Management (OPM), 2012 General Schedule, which includes locality rates of pay for EPA Region 8 employees in the Denver, Colorado. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Costs have been estimated in 2012 dollars for this ICR to be consistent with other costs (i.e. control devices) estimated in the development of the FBIR FIP.

(d) Estimating the Respondent Universe and Total Burden and Costs

It was estimated that an average of 466 facilities will be subject to the FBIR FIP requirements in the first year, 623 in the second year, and 780 in the third year during the 3-year period of this ICR. These values are based on information provided by the oil and natural gas operators subject to the FBIR FIP in the consent agreements and final orders⁹ (CAFOs) finalized in August 2011. The EPA believes this is an overestimation for future development and that the number of facilities (respondents) will decline as lease spacing limitations for drilling are met. For the FBIR FIP, the components of the total annual responses attributable to this ICR are recordkeeping and reporting of an average of 623 entities by 10 owner/operators over the 3-year period.

The number of total annual responses for the FBIR FIP is estimated as: 1,869 total respondents from 10 operators over the three year period.

Year	Annual Number of Respondents
1	466
2	623 (157 new)
3	780 (157 new)
Total	1,869

(e) Bottom Line Burden Hours and Cost Tables

(i) Respondent tally

The bottom line respondent burden hours and costs, presented in Exhibit 1a, Exhibit 1b, and Exhibit 1c are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column. The average annual burden for the recordkeeping and reporting requirements for the 10 owners and operators that are subject to the FIP is 29,655 person-hours, with an annual average cost of $6,502,356.

(ii) The Agency tally

The average annual Federal Government cost is $46,876 for 716 hours for the FBIR FIP. The bottom line Agency burden hours and costs presented in Exhibit 2a, Exhibit 2b, and Exhibit 2c are calculated by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column.

(iii) Variations in the annual bottom line

This section does not apply since no significant variation is anticipated.

(f) Reasons for Change in Burden

This section does not apply because this is a new ICR.

(g) Burden Statement

The burden for this ICR is summarized in the table below.

Burden	Average Annual Number of Responses	Average Annual Labor Burden (hours)	Average Annual Costs
			Labor Costs	Capital Costs	O&M Costs	Total Annual Costs
Respondent	623	29,655	$1,381,296	$2,161,810	$2,959,250	$6,502,356
Agency	NA	716	$46,876	$0	$0	$46,876

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 47.6 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-R08-OAR-2012-0479. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the docket ID number identified in this document. The documents are also available for public viewing at the EPA Region 8 Air Program Office, 1595 Wynkoop Street, Denver, Colorado. The EPA Region 8 is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. The EPA contact for the FBIR FIP is Deirdre Rothery and can be reached 303-312-6431. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-R08-OAR-2012-0479 in any correspondence.

PART B

This section is not applicable because statistical methods are not used in data collection associated with the final rule.

1 The Bakken Pool is defined as a compilation of crude oil formations consisting of Bakken, Sanish and Three Forks formations.

2 “Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Review, Final Rule” Federal Register 77:159 (16 August 2012) p. 49490.

3 US Department of the Interior’s Bureau of Land Management at 43 CFR part 3160, in the “Onshore Oil and Gas Operations; Federal and Indian Oil & Gas Leases; Onshore Oil and Gas Order No. 4; Measurement of Oil.”

4 US Department of Interior’s Office of Natural Resources Revenue at 30 CFR 1210, “Forms and Reports”.

5 Oil and Gas Operating Report, Part A – Well Production, OMB Control Number 1012-0004.

6 Oil and Gas Operating Report, Part B – Product Disposition, OMB Control Number 1012-0004.

7 Well Completion or Recompletion Report and Log, OMB Control Number 1004-0137.

8 The technical support document for the FBIR FIP includes a more detailed explanation of the preliminary cost analysis for this action. It can be found in the docket for this rule, Docket ID: EPA-R08-OAR-2012-0479, which can be accessed at: http://www.regulations.gov.

9 The FBIR CAFOs are included in the docket for this rule, Docket ID: EPA-R08-OAR-2012-0479, which can be accessed at: http://www.regulations.gov.