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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. This chapter includes requirements for control of production facility emissions, registration, reporting and permitting requirements.

Midstream and Upstream facilities are permitted under the Construction Permit and Operating Permit programs.

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Upstream facilities, also know as exploration and production, include those which drill and extract oil and gas from the ground. These include oil and gas wells and tanks located at the well pad.

All Oil and Gas wells, regardless of producing pool, must be registered, with completed packages, to the Division within 90 days of first production.

Oil & Gas Well Registration

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Midstream facilities are those which transport or store oil and gas from upstream facilities. These include tank batteries located off of well pads, pipelines, compressor stations, as well as truck and rail load-out stations.

Oil & Gas Midstream

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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 Department has completed rulemaking to take primacy of NSPS OOOO and OOOOa (Quad-O/Oa) as directed by House Bill 1024 (HB1024 from the 66th Assembly). For information about the Department's implementation of these Subparts and how to submit Quad-O/Oa reports and notifications to the Department see our Quad-O/Oa page (button below).

Quad-O/Oa Reporting

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The Division works in conjunction with the North Dakota Industrial Commission (NDIC) . The Division of Air Quality registers wells using the NDIC issued well number—wells will need to be registered with the Division of Air Quality independently of the NDIC. Well information such as location, name, number, and field can be looked up using the NDIC's well search .

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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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For sources that have Bakken Pool Guidance registrations on file with the Department, no additional registration is required to demonstrate that emissions per tank are less than 6 tons per year of VOCs. If facility tank emissions as calculated under New Source Performance Standard (NSPS) Subpart OOOO (often called Quad-O) 40 CFR 60 Subpart OOOO are less than 6 tons per year of VOCs, operators are required to keep records of these emission calculations on site, and the records must be made available to the Department upon request.

Note: As of July 1, 2020 North Dakota Department of Environmental Quality, is the implementing and enforcement agency for Subpart OOOO/OOOOa, facilities that are subject to Subpart OOOO/OOOOa may have record-keeping and reporting requirements to the Department, for instructions on how to submit reporting and notifications see our Quad-O/Oa Page.

October 2015 EPA Compliance Alert for Emissions from Oil and Gas Production Storage Vessels

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 33.1.1-15-07 VOC emissions)
• Storage Vessels at Oil & Gas Non-Production Facilities (FAQ)
• Compliance Requirements for Condensate Truck Loadout Emissions

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The end goal of the High Efficiency Program is to reduce fugitive emissions, increase control efficiency, and improve North Dakota’s air quality. The High Efficiency Program is an optional flare/combustor approval program within the Division of Air Quality. The program requires collaboration between control device manufacturers, industry leaders, facility operators, and the Department.

The High Efficiency Program takes a top-down approach to addressing emissions from oil and gas facilities through the following steps:

1. Flare and combustor manufacturers who want to certify their products within the High Efficiency Program must perform rigorous testing, which is reviewed independently by the Department.
2. Companies operating oil and gas facilities work with the Department to negotiate an agreement to ensure that both the approved control devices and the facility itself continuously reduce emissions through enhanced inspections monitoring, maintenance, and air pollution control equipment.
3. The Department monitors all aspects of the program to ensure that emissions are being maintained within the standards of the High Efficiency Program.

The Department must approve the use of flares or combustors within the High Efficiency Program BEFORE any alternative emission factors can be used .

THE HIGH EFFICIENCY PROGRAM DOES NOT ALLOW RETROACTIVE AUTHORIZATIONS.

For more information on the high efficiency program see our High Efficiency Program page.

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For other oil and gas related information please see the following government and industry sites:

• North Dakota Department of Environmental Quality Incident Reports
• EPA's Oil and Natural Gas Air Pollution Standards
• EPA Regulatory Information By Sector–Oil & Gas Extraction Sector (NAICS 211)
• North Dakota Industrial Commission, Department of Mineral Resources, Oil & Gas Division
• North Dakota Association of Oil & Gas Producing Counties
• North Dakota Petroleum Council
• American Petroleum Institute

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Last Updated: 01/18/2022