Wednesday, May. 13, 2026
Did North Dakota stop requiring reports for some smaller oilfield spills?
In 2017, North Dakota updated its administrative rules to raise the reporting threshold for certain oilfield spills.
Under these rules, spills of crude oil, produced water (saltwater), or other liquids do not require a report to regulators if they stay contained on-site and total less than 10 barrels (420 gallons) cumulatively over a 15-day period.
The exemption applies to certain wells and facilities built after Sept. 1, 2000, which are required to have secondary containment systems such as dikes or liners. Any spill that leaves the site, threatens water, or exceeds 10 barrels must still be reported.
While operators must still clean up these “minor” releases, critics argue the lack of reporting hides the true frequency of incidents from the public.
This fact brief is responsive to conversations such as this one.
Sources
- North Dakota Department of Environmental Quality Incident Reporting
- HazMat Magazine North Dakota Senate approves bill that reduces oil spill reporting
- Cornell Law School North Dakota Administrative Code
- North Dakota Department of Mineral Resources FULL NOTICE OF INTENT TO ADOPT AND AMEND ADMINISTRATIVE RULES
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