North Dakota Underground Storage Tanks regulations & environmental compliance analysis

North Dakota Underground Storage Tanks: What you need to know

Governing Law and Regulations

Underground storage tanks (USTs): North Dakota Century Code (NDCC) 23-20.3-01 to 23-20.3-11 and regulations at North Dakota Administrative Code (NDAC) 33-24-08-01 to 33-24-08-130

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Registration: NDAC 33-24-08-12

Delivery prohibition: NDAC 33-24-08-36 to 33-24-08-39

Operator training: NDAC 33-24-08-45 to 33-24-08-48

Operator inspections: NDAC 33-24-08-48

Cleanup Fund: NDCC 23-37-01 to 23-37-30

Fees: NDCC 23-37-17 and NDCC 23-37-18

Regulatory Agencies

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 ...

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