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Assessment
North Dakota Century Code Section 38-08-06.4, allows gas flaring from oil wells up to one year from first production. The venting of casinghead gas is not allowed under any circumstances; instead, operators must have equipment in place to flare.
Statewide Rule 32 allows operators to flare oil-well gas while drilling a new well and testing the well for up to 10 days. Venting is allowed for releases lasting less than 24 hours, unless flaring is necessary for safety reasons; operators are encouraged to verify with RRC District Offices whether they can vent or must flare. Gas that must be unloaded from a well may be vented for up to 24 hours in one continuous event or up to 72 cumulative hours in one month.
Article 121 of the Regulation of the Hydrocarbon Law, 1943 , establishes that excess gas that cannot be used or returned to the field can be flared. Only gas from wells with very low pressure is allowed to be vented. Vents must be high enough to facilitate the dispersion of gas without causing harm. Article 40 of Decree 638/1995 states that MINEC may authorize trial periods for the initial operation of processes or equipment to control emissions. This authorization is granted in accordance with Article 21 of the Organic Law of the Environment, 2006 ; its duration is limited to six months or less. In cases of emergency or unforeseeable emissions in violation of the regulations, the operator must notify MINEC and activate its emergency contingency plans.