1. Any oil or gas well production facility that is a major stationary source or a major modification as defined in chapter 33.1-15-15, shall comply with the permitting requirements of chapter 33.1-15-15.

2. To determine prevention of significant deterioration of air quality (PSD) applicability for sulfur dioxide, the following formula must be used:

$$E = 0.00084 (R)(T) (\% H_2S)$$

Where:

E = sulfur dioxide emission rate (tons/year).

R = the average daily amount of gas burned, incinerated and/or flared (thousand cubic feet per day at 60°F and 14.7 pisa-MCFD) based upon a thirty-day period. The thirty-day period must be the last thirty operating days of a one hundred eighty-day period following the completion or recompletion of a well. In cases where the well is shut in for extended periods during the one hundred eighty-day period following completion or recompletion, a case-by-case determination of PSD can be requested of the department.

T = days of operation per year (day/year). This number must be three hundred sixty-five unless there are verifiable physical limitations or a federally enforceable permit that limits the number of operating days.

% H₂S = mole percent hydrogen sulfide content as determined by the most recent gas analysis.

The formula is derived as follows:

$$E = \frac{(Mcf)}{day} \frac{(100\ cf)}{Mcf} \frac{(\% H_2S)}{100} \frac{(lb - mole)}{379.5cf} \frac{(64.06\ lb)}{lb - mole} \frac{(days)}{year} \frac{(ton)}{2000\ lb}$$

$$E = 0.0084 \frac{(Mcf)}{day} \frac{(days\ of\ operation)}{year} (\% H_2S)$$

Emissions from all onsite equipment at the production facility must be included in the total annual emission determination.

3. The owner or operator of any oil or gas well production facility subject to subsection 1 of this section shall provide information to demonstrate that emissions from the facility do not significantly contribute to exceeding the ambient air quality standards, as defined in chapter 33.1-15-02, or class I or class II increments, as defined in chapter 33.1-15-15; and shall address other requirements as specified in chapter 33.1-15-15.

History: Effective January 1, 2019.

General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 21