Governing Law and Regulations
North Dakota Department of Health (NDDH) Division of Waste Management UST Program
North Dakota Department of Insurance Petroleum Tank Release Compensation Fund
North Dakota Division of Emergency Management
North Dakota Fire Marshal
U.S. Environmental Protection Agency (EPA) Region 8
Comparison: State vs. Federal
· Rules. North Dakota was granted state program approval by EPA in 1995 to implement the federal UST program. The UST program also regulates leaking USTs (LUSTs). The state’s UST rules parallel federal rules with UST notification to NDDH. North Dakota UST regulations may not be more stringent than applicable requirements of the federal Resource Conservation and Recovery Act (RCRA) and the federal Energy Policy Act of 2005 (NDCC 23.20.3-04.1). A county, city, or township may not enact and enforce a UST ordinance if the ordinance is more stringent than the state rules (NDCC 23.20.3-04.2). North Dakota also adopted the federal secondary containment requirements and the delivery prohibition and UST operator training requirements under the Energy Policy Act. The state’s delivery prohibition requirements allow NDDH to affix a red tag to the fill pipe of the noncompliant UST that clearly identifies the tank as ineligible to receive product. The state’s ...