NDAC 43-02-03-60.2
Flaring exemption
Cite as N.D. Admin. Code ยง 43-02-03-60.2
The connection of a well to a natural gas gathering line is "economically infeasible" under North
Dakota Century Code section 38-08-06.4, if the direct costs of connecting the well to the line and the
direct costs of operating the facilities connecting the well to the line during the life of the well, are
greater than the amount of money the operator is likely to receive for the gas, less production taxes and
royalties, should the well be connected. In making this calculation, the applicant may add ten percent to
the amount of the cost of connecting the well and of operating the connection facilities used to
determine whether a connection is economically infeasible. This ten percent may be added in
consideration of the cost of money and other overhead costs that are not figured in the direct costs of
connecting the well and operating the connecting facilities.
An applicant for an exemption under North Dakota Century Code section 38-08-06.4 must, at the
minimum, present evidence covering the following areas:
1.
Basis for the gas price used to determine whether it is economically infeasible to connect the
well to a natural gas gathering line;
2.
Cost of connecting the well to the line and operating the facilities connecting the well to the
line;
3.
Current daily rate of the amount of gas flared;
4.
The amount of gas reserves and the amount of gas available for sale;
5.
Documentation that it is economically infeasible to equip the well with an electrical generator
to produce electricity from gas; and
6.
Documentation that it is economically infeasible to equip the well with a system that intakes
seventy-five percent of the gas and natural gas liquids volume from the well for beneficial
consumption by means of compression to liquid for use as fuel, transport to a processing
facility, production of petrochemicals or fertilizer, conversion to liquid fuels, and separating and
collecting over fifty percent of the propane and heavier hydrocarbons.