The North Dakota Industrial Commission (NDIC) appreciates this opportunity to comment on the DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 174, 177, 178, 179, and 180 [Docket No. PHMSA-2016-0077 (HM-251D)] RIN 2137-AF24 Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials; advance notice of proposed rulemaking (ANPRM).
The State of North Dakota is ranked 2nd in the United States in the production of oil and gas. North Dakota produces approximately 400 million barrels of oil per year and 465 billion cubic feet of natural gas per year.
The NDIC, Department of Mineral Resources, Oil and Gas Division is responsible for administering North Dakota's comprehensive oil and gas regulations found at North Dakota Administrative Code (NDAC) Chapter 43-02-03 which includes regulations of the drilling, producing, and plugging of wells; the restoration of drilling and production sites; the perforating and chemical treatment of wells, including hydraulic fracturing; the spacing of wells; operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations; disposal of saltwater and oil field wastes through the ND Underground Injection Control Program; and all other operations for the production of oil or gas.
The proposed rule could have significant impacts on North Dakota's ability to administer its oil and gas regulatory program. The State of North Dakota intends to defend its sovereign jurisdiction over oil and gas regulation in any manner necessary.
The impacts of the proposed rule on North Dakota's oil and gas regulatory program are explained below in response to questions presented within the ANPRM:
A. General Questions
1. To what extent, if at all, would requiring crude oil shipped by rail to have a RVP of no greater than 9.0 psi decrease the expected degree, consequence, or magnitude of a release or the likelihood of a fire during an accident? Please provide relevant scientific or other empirical information to support your comment.
The effect of requiring crude oil shipped by rail to have a RVP of no greater than 9.0 psi is not known. Available data does not provide a basis for accurately defining and comparing the behavior of crude oils.
More details in PDF located below
Karlene K. Fine, Executive Director and Secretary
State Capitol, 14th Floor - 600 E Boulevard Ave Dept 405 - Bismarck, ND 58505-0840
Phone: (701) 328-3722 FAX: (701) 328-2820