North Dakota Administrative Code

Neither petitions for review of a recommended order nor oral arguments following issuance of a recommended order and pending issuance of a final order are allowed. History: Effective October 1, 2020. General Authority: NDCC 38-23-03 Law Implemented: NDCC 38-23-03

The commission may give notice of an order by mailing the order, and findings and conclusions upon which it is based, to all parties by regular mail provided it files an affidavit of service by mail indicating upon whom the order was served. History: Effective October 1, 2020. Ge…

All pleadings, notices, written motions, requests, petitions, briefs, and correspondence to the commission or commission employee from a party, or vice versa, relating to a proceeding after its commencement, must be filed with the director and entered in the commission's official…

The commission by motion may designate and appoint qualified individuals to serve as examiners. The commission may refer any matter or proceeding to any legally designated and appointed examiner or examiners. History: Effective October 1, 2020. 11 General Authority: NDCC 38-23-03…

The commission by motion may limit the powers and duties of any examiner in any particular case to such issues or to the performance of such acts as the commission deems expedient; however, subject only to such limitation as may be ordered by the commission, the examiner or exami…

Upon the conclusion of any hearing before an examiner, the examiner promptly shall consider the proceedings in such hearing, and based upon the record of such hearing, the examiner shall prepare a report and recommendations for the disposition of the matter or proceeding by the c…

After receipt of the report and recommendations of the examiner, the commission shall enter its order disposing of the matter or proceeding. History: Effective October 1, 2020. General Authority: NDCC 38-23-03 Law Implemented: NDCC 38-23-03

In a matter pending before the commission, all prehearing motions must be served by the moving party upon all parties affected by the motion. Service must be upon a party unless a party is represented by an attorney, in which case service must be upon the attorney. Service must b…

The terms used throughout this chapter have the same meaning as in chapters 43-02-02.1, 43-02-03, and 43-02-05, and North Dakota Century Code chapters 38-08, 38-12, 38-25, and 47-31 except: 1. "Facility area" means the areal extent of the storage reservoir or salt cavern. 2. "Sto…

This chapter pertains to the geological storage of hydrogen and produced oil or gas with little to no processing involved. If the rules differ from federal requirements on federally regulated storage facilities, the federal rules take precedence. The storage facility operator sha…

All geological storage facilities, injection wells, and monitoring wells are also subject to the provisions of chapters 43-02-03, 43-02-05, and 43-05-01 where applicable. History: Effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-25

Underground injection of oil or gas that causes or allows movement of fluid into an underground source of drinking water is prohibited. History: Effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-25

A storage facility operator injecting oil or gas for the primary purpose of geological storage into an oil and gas reservoir shall apply for a geological storage facility and injection well permit. In determining if there is an increased risk to underground sources of drinking wa…

Any underground injection of oil or gas for the purpose of geological storage, except into a well authorized by permit issued under this chapter, is prohibited. The construction of any well or site or 2 access road is prohibited until the permit authorizing construction of the we…

Storage facility operators seeking to convert an existing well to an injection well for the purpose of geological storage of oil or gas must demonstrate to the commission that the well is constructed in a manner that will ensure the protection of underground sources of drinking w…

All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing storage facilities shall make and keep appropriate books and records until dissolution of the storage facility, covering their opera…

The commission and the commission's authorized agents shall have access to all storage facility records wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing storage fa…

1. At least thirty days before the scheduled hearing, the applicant shall give notice of the hearing to persons outlined in North Dakota Century Code 38-25-04. 2. Notice given by the applicant must contain the following: a. A legal description of the land within the oil or gas fa…

1. The storage facility operator shall prepare, maintain, and comply with a plan to delineate the area of review for a proposed storage facility, periodically re-evaluate the delineation, and perform corrective action that meets the requirements of this section and is acceptable …

An application for a geological storage facility permit must include at least the following: 1. The name and address of the operator of the storage facility. 2. Address surface, pore space, and mineral ownership by filing the following: a. An affidavit of mailing, including the n…

An application for a geological storage facility permit must include at least the following: 1. The name and address of the operator of the storage facility. 2. Address surface and pore space ownership by filing the following: a. An affidavit of mailing, including the name and ad…

An application for a geological storage facility permit must include at least the following: 1. The name and address of the operator of the storage facility. 2. Address surface, pore space, and salt mineral ownership by filing the following: a. An affidavit of mailing, including …

All injection wells must be sited in such a fashion that they inject into a formation which has confining zones that are free of known open faults or fractures within the facility area and its delineated area of review. History: Effective April 1, 2022. General Authority: NDCC 38…

1. All injection wells must be cased and cemented to prevent movement of fluids into or between underground sources of drinking water or into an unauthorized zone. The casing and cement used in construction of each new injection well must be designed for the life expectancy of th…

1. An injection well has mechanical integrity if: a. There is no significant leak in the casing, tubing, or packer; and b. There is no significant fluid movement into an underground source of drinking water through channels adjacent to the well bore. 2. One of the following metho…

The proper plugging of an injection well requires the well be plugged with cement or other types of plugs, or both, in a manner which will not allow movement of fluids into an underground source of drinking water. The operator shall file a notice of intention to plug on a form pr…

1. The following applies to geological storage in an oil and gas reservoir or saline reservoir: a. Injection pressure at the wellhead may not exceed a maximum authorized injection pressure which must be calculated to assure that the pressure in the storage reservoir during inject…

The operator shall execute the emergency and remedial response plan pursuant to section 43-02-14-15 in the event of loss of integrity in the storage cavern for any reason. History: Effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-25

All storage facilities, injection wells, and monitoring wells must be bonded as provided in section 43-02-03-15. History: Effective April 1, 2022. General Authority: NDCC 38-08-04 Law Implemented: NDCC 38-25

The storage facility operator shall maintain a commission approved emergency and remedial response plan. This plan must include emergency response and security procedures. The plan, including revision of the list of contractors and equipment vendors, must be updated as necessary …

1. The operator of a storage facility shall meter or use an approved method to keep records and shall report monthly to the director, the volume and nature of the injected hydrocarbons, the average, minimum, and maximum injection pressures, the maximum injection rates, and such o…

1. Leak detection must be integrated, where applicable and must be inspected and tested on a semiannual basis and, if defective, must be repaired or replaced within ten days. Any repaired or replaced detection equipment must be retested if required by the commission. An extension…

1. The storage operator and proposed transferee shall notify the commission in writing of any proposed permit transfer. The notice must contain the following: a. The name and address of the person to whom the permit is to be transferred. b. The name of the permit subject to trans…

1. Permits are subject to review by the commission. Any interested person (i.e., the storage operator, local governments having jurisdiction over land within the area of review, and any person who has suffered or will suffer actual injury or economic damage) may request that the …

Upon agreement between the storage facility operator and the commission, the commission may modify a permit to make the corrections or allowances without the storage operator filing an application to amend a permit. Any permit modification not processed as a minor modification un…

The terms used throughout this chapter have the same meaning as in chapter 43-02-03 and North Dakota Century Code chapters 38-08 and 57-51.1. History: Effective April 1, 2024. General Authority: NDCC 38-08-04(1)(e) Law Implemented: NDCC 38-08-04(1)(e), 57-51.1-01

Any operator desiring to certify a restimulation well for purposes of eligibility for the tax reduction provided in North Dakota Century Code chapter 57-51.1 shall submit to the director an application for certification of the restimulation well. The operator has the burden of es…

1. Upon receipt of an application for restimulation well certification, the director shall review the application, information, and all relevant information contained in the books, files, and records of the commission. 2. Restimulation well certification must be determined on the…

Any operator adversely affected by a determination of the director made under this chapter may submit an amended application within thirty days after the entry of such a determination. If an amended application is submitted, the director shall issue a determination either grantin…

Any operator adversely affected by a determination of the director of either an application or an amended application for restimulation well certification made under this chapter may petition the commission within thirty days after the entry of such a determination for a hearing …

Any operator making application to certify a restimulation well pursuant to this chapter shall make and keep records for a period of not less than six years, covering their operations in North Dakota from which they may be able to make and substantiate the reports required by thi…

Since 1987 the North Dakota industrial commission has been authorized to make funds available to provide financial assistance for contracts for land reclamation research projects and for research, development, and marketing of lignite and products derived from lignite. The lignit…

As used in this article: 1. "Applicant" means any person or entity applying to the commission for a grant from the lignite research fund. 2. "Application" means the written document that is submitted to the commission by an applicant seeking a grant from the fund. 3. "Commission"…

The commission is not liable for any cost, including costs of preparation of applications, incurred by applicants prior to issuance of a contract. The commission will be liable only for those costs and expenses expressly identified by contract. History: Effective February 1, 1988…

The rules in this article do not commit the commission to award funds. The commission reserves the right to accept or reject any or all applications received as a result of the program and to negotiate with any and all qualified applicants. History: Effective February 1, 1988; am…

The commission is not obligated to award the total amount of funds made available under this program. Funds not awarded will be reserved for future grants under the program. History: Effective February 1, 1988; amended effective March 1, 1992. General Authority: NDCC 57-61-01.5 L…

Repealed effective March 1, 1992. 2