North Dakota's AST rules changed materially in 2026

First determine whether the new state AST chapter covers the tank

North Dakota Century Code Chapter 23.1-04.1 defines the state AST program around refined petroleum products and includes multiple exclusions. Examples include certain farm or residential motor-fuel tanks used for noncommercial purposes, heating-oil tanks used on the premises, propane tanks, portable tanks, certain pipeline and production facilities, and other listed categories. Do not apply the program to every aboveground vessel based on gallons alone.

New systems need secondary containment and release detection

The 2026 technical rules require new or upgraded covered AST systems to comply with the applicable state or local fire code, include secondary containment, and use release-detection methods capable of detecting releases from the tank and connected piping. Double-wall systems can use interstitial monitoring, while external-containment systems must direct a release to a monitoring point.

Monthly inspection is an actual state requirement

The rule requires owners or operators to perform and document system inspections at least every 30 days. Tanks and aboveground piping must be visually checked for leakage, and secondary containment must be checked for product, condition, water, vegetation, debris, and obstructions. For double-wall tanks, the interstitial space must be inspected and documented at least monthly unless a continuous sensor or gauge is installed; a continuous device must be tested at least annually for functionality.

New covered tanks over 500 gallons add State Fire Marshal review

Before notifying DEQ of a new covered AST system greater than 500 gallons, the owner or operator must submit plans to the State Fire Marshal for review and acceptance and pass an installation inspection, in accordance with the state or local fire code. As of this verification, North Dakota's currently codified fire rule references the 2021 IFC. A separate 2026 rulemaking document proposes moving to the 2024 IFC, so buyers should confirm the edition in force when the project is submitted.

Release reporting is specific

The 2026 rules require reporting a release or suspected release within 24 hours in listed circumstances. They specifically include spills or overfills exceeding 25 gallons, any amount that causes a sheen on nearby surface water, or a release that threatens public health or safety.

Example: equipment-fueling site with a new tank

Before adding an aboveground diesel tank at a North Dakota construction or agricultural equipment site, determine whether the state's 2026 AST chapter covers the equipment and facility. Ask the responsible agencies about registration, secondary containment, release detection, inspection documentation and any separate Fire Marshal review. Keep a record of which rule applies and whether the tank is new or existing.

What to confirm before ordering

• Whether the tank is covered by Chapter 23.1-04.1 or falls within a statutory exclusion
• DEQ notification and registration obligations
• State Fire Marshal plan review for a new covered system over 500 gallons
• Secondary containment and the selected release-detection method
• How monthly inspections and required records will be maintained
• Federal SPCC requirements, which remain a separate layer

Primary sources

• North Dakota Century Code Chapter 23.1-04.1: Aboveground Storage Tank Regulations
• North Dakota Administrative Code Chapter 33.1-13-01: AST Technical Standards
• North Dakota Administrative Code Chapter 45-18-01: Current State Fire Code
• U.S. EPA: Does SPCC Apply to Your Facility?