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Midstream facilities may require construction permits and operating permits, please see those pages for more information on the permitting process and requirements. Midstream facilities may be subject to several State and Federal regulations including, but not limited to:

North Dakota Administrative Code (NDAC)

• NDAC 33.1-15-07– Control of Organic Compounds Emissions
• NDAC 33.1-15-16– Restriction of Odorous Air Contaminants
• NDAC 33.1-15-20– Control of Emissions From Oil and Gas Well Production Facilities

New Source Performance Standards (NSPS)

• 40 CFR 60 Subpart Dc– NSPS for Small Industrial-Commercial-Institutional Steam Generating Units
• 40 CFR 60 Subpart Kb– NSPS for Volatile Organic Liquid (VOL) Storage Vessels
• 40 CFR 60 Subpart KKK– NSPS for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants
• 40 CFR 60 Subpart LLL– NSPS for Onshore Natural Gas Processing: SO₂ Emissions
• 40 CFR 60 Subpart IIII– NSPS for Stationary Compression Ignition Internal Combustion Engines
• 40 CFR 60 Subpart JJJJ– NSPS for Stationary Spark Ignition Internal Combustion Engines
• 40 CFR 60 Subpart OOOO– NSPS for Crude Oil and Natural Gas Production, Transmission and Distribution
• 40 CFR 60 Subpart OOOOa– NSPS for Crude Oil and Natural Gas Facilities for which Construction, Modification, or Reconstruction Commenced after September 18, 2015

National Emission Standards for Hazardous Air Pollutants (NESHAP)

• 40 CFR 63 Subpart HH– NESHAP from Oil & Gas Production Facilities
• 40 CFR 63 Subpart HHH– NESHAP from Oil & Gas Transmission & Storage Facilities
• 40 CFR 63 Subpart ZZZZ– NESHAP for Stationary Reciprocating Internal Combustion Engines

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The Department has traditionally issued air quality permits to construct and operating permits to all natural gas compressor stations. However, with the increase in electric-driven compressor engines the facilities tend to have significantly lower emissions compared to other engine-driven compressors. As such the Department released a 21 November 2012 memo: Permitting of Electric-driven Compressor Stations. This memo outlines when an electric-driven compressor station needs to apply for a Construction or Operating Permit.

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The Department has developed a storage vessel guidance to allow for establishment of emission limits for storage vessels of oil, condensate and produced water at non-production facilities to restrict emissions from each storage vessel to less than 6 tons per year of volatile organic compounds (VOCs).
• Storage Vessel Guidance (To accept a Federally enforceable limit.)
• ND Storage Vessel Registration Cover Letter (.docx)
• ND Spreadsheet for Storage Vessel Guidance (.xlsx)


• Storage Vessels at Oil & Gas Non-Production Facilities (Memo-regarding NDAC 33.1-14-07 VOC emissions)
• Storage Vessels at Oil & Gas Non-Production Facilities (FAQ)
• Compliance Requirements for Condensate Truck Loadout Emissions

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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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The Division has developed packages of commonly used forms, regulations, rules, and documents related to the oil and gas industry for easier use. These packages are of common files and information used in oil and gas and may not contain all rules, regulations, or documents that apply to your facility.

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• ← Well Registrations

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Last Updated: 02/06/2020