Aboveground Storage Tank Requirements in North Dakota

Federal SPCC baseline

The federal SPCC rule (40 CFR Part 112) applies to non-transportation-related facilities storing oil aboveground above regulatory thresholds. As a general rule, a facility with more than 1,320 gallons of aggregate aboveground oil storage capacity — counting every container 55 gallons or larger — falls within SPCC's scope. Facilities that trigger SPCC must develop a written Spill Prevention, Control, and Countermeasure Plan, meet secondary containment requirements, and in many cases certify the plan through a licensed Professional Engineer.

In North Dakota's Bakken region, this frequently means specifying a manifolded multi-tank system rather than a single tank from the outset, since aggregate SPCC capacity crosses thresholds quickly at oilfield-support volumes.

North Dakota runs a centralized State Fire Marshal review

North Dakota adopts the International Fire Code (2015 Edition) through Administrative Rule, which references NFPA 30 and 30A, codified in North Dakota Administrative Code Chapter 10-07. For permanent, non-portable aboveground fuel storage tanks used for bulk transfer, bulk plant operations, or dispensing/fueling, a pre-installation application and plans must be submitted directly to the State Fire Marshal's Office for review before installation.

There's a size-based distinction worth knowing: residential or commercial tanks under 660 gallons still must comply with IFC/NFPA 30/30A, but the State Fire Marshal's Office won't formally review plans for them — it's the installer's responsibility to notify the local fire department instead. For commercial tanks over 660 gallons, review time is billed to the North Dakota Petroleum Release Fund. And if your project site sits in a jurisdiction where the State Fire Marshal has delegated review authority to the local AHJ, you'll work with that local authority directly rather than the state office.

The Petroleum Release Compensation Fund — and why it mostly doesn't apply to ASTs

North Dakota maintains a Petroleum Tank Release Compensation Fund that farm and ranch owners often ask about — worth clarifying for buyers, since it's easy to conflate with AST permitting. Registration and the associated $50/tank annual fee apply to underground tanks greater than 1,100 gallons; farm and ranch aboveground tanks are generally excluded from that Fund and registration requirement. Don't let a buyer's familiarity with the UST registration process create the assumption that their new AST needs the same registration — it typically doesn't.

Common mistakes we see in North Dakota projects

Typical permitting process

Requirements vary by tank size, use, and delegated jurisdiction. Confirm current requirements with the North Dakota State Fire Marshal's Office.

Quick Facts — North Dakota

Why do Bakken-region facilities need larger tank systems?

High-volume operations in the Bakken often require multi-tank, manifolded systems from the outset rather than scaling up later.

Does the State Fire Marshal review every tank installation?

No — formal plan review applies to permanent, non-portable tanks used for bulk transfer, bulk plant, or dispensing operations, generally over 660 gallons. Smaller tanks still must meet IFC/NFPA 30/30A but are handled through the local fire department instead.

Does my new AST need Petroleum Release Fund registration?

Generally no. That Fund's registration and $50 annual fee apply mainly to underground tanks over 1,100 gallons; aboveground tanks are typically excluded.

Who pays for the State Fire Marshal's plan review?

For commercial tanks over 660 gallons, review time is billed to the North Dakota Petroleum Release Fund rather than charged as a direct applicant fee.