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Control of emissions from oil and gas well production facilities are outlined in Chapter 33.1-15-20 of the North Dakota Air Pollution Control Rules. The provisions of this chapter apply to any oil or gas well production facility within the state. This chapter includes requirements for control of production facility emissions, registration, reporting and permitting requirements.

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An oil and gas production facility means all equipment, wells, flow lines, separators, treaters, tanks, flares, gathering lines, and auxiliary non transportation-related equipment used in the exploration, development, or subsequent production or handling of oil and gas from an oil or gas well or wells which are located on one or more contiguous or adjacent surface properties, and are under the control of the same person (or persons under common control) as defined in Subdivision 33.1-15-20-01.2.n of the NDAC.

For all oil and gas upstream facilities:

• No later than two days prior to any planned well completion activities, the owner / operator will submit an “Air Oil & Gas General Permit Application / Well Registration” (GP-OG Application) through CERIS-ND.   Guidance
• Once the GP-OG is obtained, the owner / operator must notify the Department within 30 days following the startup of production of the facility by submitting the “Air Oil & Gas Startup of Production Notification” in CERIS-ND.   Guidance
• To fulfill the final requirement of the application process, the permittee shall submit the PTE Report to the Department within 90 days following startup of production of the facility.   Guidance

Oil & Gas Well Registration and Facility General Permit Information (PDF)

 

To Submit Oil and Gas Production Facility Registrations:

 Access CERIS-ND  ^{Log-In Required to Submit}

Interim CERIS-ND Bulk User Access Requests (Add/Remove Users from sites): Use this form and click the Email Form to DEQ button at the top to submit the request. Bulk User Form

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• Equipment at oil and gas facilities may be subject to rules and regulations under NSPS (40 CFR 60) and MACT/GACT ( 40 CFR 63), see Regulation Summary.


• For 40 CFR 60, Subpart OOOO and OOOOa requirements see our Quad-O/Oa page.


• If emissions exceed 100 tons per year of any criteria pollutant or 25 tons per year combined HAPs or 10 tons per year of any one HAP, then the facility is subject to Title V requirements.

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• Any oil or gas well production facility that emits or has the potential to emit 250 tons per year or more of any air contaminant regulated under North Dakota Century Code Chapter 23.1-06, as determined by the North Dakota Department of Environmental Quality must comply with the permitting requirements of Chapter 33.1-15-15 (Prevention of Significant Deterioration of Air Quality).


• If emissions exceed 100 tons per year of any criteria pollutant or 25 tons per year combined HAPs or 10 tons per year of any one HAP, then the facility is subject to Title V requirements.

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Due to the unique properties of the Bakken, Three Forks, and Sanish formations, the Department has developed special guidelines and regulations related to the air quality requirements of facilities producing and processing oil and gas from these formations. Many of these documents apply to other non-Bakken, Three Forks, or Sanish wells.

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Emissions must be controlled at all times with the proper use of flares, submerged fill pipes on tanks greater than 1,000 gallons (NDAC 33.1-15-07-03), thief hatches must be closed, vents and other safety controls must be in proper working order.

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A minimum of a pit flare with 90% Destruction and Removal Efficiency (DRE) is required for well head and tank emission control on all new wells on the first date of production to ensure adequate control.

Evaluations of emissions using the Bakken Guidance will direct what level of control is needed next. More efficient pollution control is required for tanks located on oil and gas production sites where the Volatile Organic Compounds (VOCs) from tanks are greater than 20 tons per year; such controls must be in place and operational within 60 days of first production.

Flare Requirements

All flares must adhere to NDAC 33.1-15-07-02– Requirements for organic compounds gas disposal, NDAC 33.1-15-03-03.1— Restrictions Applicable to Flares, NDAC 33.1-15-20– Control of Emissions from Oil and Gas Well Production Facilities, and 40 CFR 60.18.

• Must be equipped and operated with an automatic ignitor or a continuous burning pilot (i.e. the flare must be operational and capable of proper combustion at all times).
• Visible emissions must not exceed 20% opacity except that a maximum of 60% opacity is permissible for not more than one six-minute period per hour.

NDIC Flare Reduction Rule

North Dakota Department of Environmental Quality, Division of Air Quality is responsible for flaring regulations associated with air quality and the control of pollutants. This includes when a flare must be used at a well site, the type of flare that is permissible, and proper operation of said flare. The North Dakota Industrial Commission (NDIC) has jurisdiction over the volume of gas flared at a well site in regards to conserving mineral resources. For more information about NDIC's flaring policy see Case No. 22058/Order No. 24665 .

JT Skids for Liquid Knockouts at Oil & Gas Production Sites

In an effort to reduce flaring per NDIC rule, many well pads are using JT skid/liquids knockouts on oil and gas production sites that operate without a sales gas line. JT skid/liquids knockouts collect and condense some of the Volatile Organic Chemicals (VOCs), such as methane, out of tanks and from flare systems. This condensed gas is then trucked out and used as fuel. Since this effort to reduce flaring has a co-benefit to air quality, the Department has released a memo to streamline the use of temporary JT skids. This memo only applies to JT skids that meet minor source permitting standards, and are capable of processing 2 MMcfg or less.

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Last Updated: 09/04/2025