Historical North Dakota environmental information, 1971-2016

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State environmental policy
U.S. environmental policy
Endangered species policy
State endangered species
Federal land policy
Environmental terms

The historical environmental information below applies to prior years. For more current information regarding environmental policy in North Dakota, see this article.

Land ownership

See also: Federal land policy and Federal land ownership by state

The federal government owned between 635 million and 640 million acres of land in 2012 (about 28 percent) of the 2.27 billion acres of land in the United States. Around 52 percent of federally owned acres were in 12 Western states—including Alaska, 61 percent of which was federally owned. In contrast, the federal government owned 4 percent of land in the other 38 states. Federal land policy is designed to manage minerals, oil and gas resources, timber, wildlife and fish, and other natural resources found on federal land. Land management policies are highly debated for their economic, environmental and social impacts. Additionally, the size of the federal estate and the acquisition of more federal land are major issues.

According to the Congressional Research Service, North Dakota spans 44.45 million acres. Of that total, 3.9 percent, or 1.73 million acres, belonged to the federal government as of 2012. More than 42 million acres in North Dakota are not owned by the federal government, or 59.05 non-federal acres per capita. From 1990 to 2010, the federal government's land ownership in North Dakota increased by 8,214 acres.

The table below shows federal land ownership in North Dakota compared to its neighbor, Minnesota, and a northeastern state, Connecticut. More than 1.1 million acres, or 63.7 percent of federal land, in North Dakota was owned by the U.S. Forest Service. The service owned more than 2.8 million acres in Minnesota and only 24 acres in Connecticut. The U.S. Fish and Wildlife Service, which manages endangered species, owned 484,681 acres in North Dakota, 483,787 acres in Minnesota, and 1,206 acres in Connecticut.

Federal land ownership in North Dakota and other states by agency
State
Agency	North Dakota		Minnesota		Connecticut
	Acres owned	Percentage owned	Acres owned	Percentage owned	Acres owned	Percentage owned
U.S. Forest Service	1,106,034	63.72%	2,841,630	81.91%	24	0.28%
U.S. National Park Service	71,250	4.10%	139,570	4.02%	5,719	66.83%
U.S. Fish and Wildlife Service	484,681	27.92%	483,787	13.95%	1,206	14.09%
U.S. Bureau of Land Management	58,841	3.39%	1,447	0.04%	0	0.00%
U.S. Department of Defense	14,950	0.86%	2,777	0.08%	1,608	18.79%
Total federal land	1,735,756	100%	3,469,211	100%	8,557	100.00%
Source: Congressional Research Service, "Federal Land Ownership: Overview and Data"

Land usage

Recreation

National parks in North Dakota

North Dakota has three National Park Service units, one national forest, three wilderness areas, two national historic sites and one national historic trail. A study by the U.S. National Park Service found that 572,475 visitors attended North Dakota's national parks and monuments and generated $34.3 million in visitor spending in 2013.

Federal lands and Indian reservations in North Dakota by government agency (click on the image to enlarge)

State recreation lands

North Dakota's state parks are managed by the North Dakota Department of Parks and Recreation. To access a complete list of public access properties operated by the department, click here.

Economic activity on federal lands

Oil and gas activity

See also: BLM oil and gas leases by state

Private mining companies, including oil and natural gas companies, can apply for leases from the U.S. Bureau of Land Management (BLM) to explore and produce energy on federal land. The company seeking a lease must nominate the land for oil and gas exploration to the BLM, which evaluates and approves the lease. The BLM state offices make leasing decisions based on their land use plans, which contain information on the land's resources and the potential environmental impact of oil or gas exploration. If federal lands are approved for leasing, the BLM requires information about how the company will conduct its drilling and production. Afterward, the BLM will produce an environmental analysis and a list of requirements before work on the land can begin. The agency also inspects the companies' drilling and production on the leased lands.

In 2013, there were 47,427 active leases covering 36.09 million acres of federal land nationwide. Of that total, 2,061 leases (4.35 percent of all leases), covering 1.02 million acres (2.84 percent of all leased land in 2013), were in North Dakota. In 2013, out of 3,770 new drilling leases approved nationwide by the BLM for oil and gas exploration, 255 leases (6.7 percent) were in North Dakota.

The table below shows how North Dakota compared to neighboring states in oil and gas permits on BLM-managed lands in 2013. North Dakota had more active leases and acres under lease than South Dakota but fewer than Wyoming and Montana.

Oil and gas leasing on BLM lands by state
State	Active permits on BLM lands (FY 2013)	Total acres under lease (FY 2013)	State percentage of total permits	State percentage of total acres
North Dakota	2,061	1,024,007	4.35%	2.84%
Montana	3,488	2,728,738	7.35%	7.56%
South Dakota	303	162,902	0.64%	0.45%
Wyoming	16,209	11,232,643	34.18%	31.12%
Total United States	47,427 permits	36,092,482 acres	-	-
Source: U.S. Bureau of Land Management, "Oil and Gas Statistics"

Payments in lieu of taxes

See also: Payments in lieu of taxes

Since local governments cannot collect taxes on federally owned property, the U.S. Department of the Interior issues payments to local governments to replace lost property tax revenue from federal land. The payments, known as "Payments in Lieu of Taxes" (PILTs), are typically used for funding services such as fire departments, police protection, school construction and roads.

The table below shows PILTs for North Dakota compared to neighboring states between 2011 and 2013. North Dakota received the fewest PILTs in 2013 compared to neighboring states.

Total PILTs for North Dakota and neighboring states
State	FY 2011	FY 2012	FY 2013	State's percentage of 2013 total
North Dakota	$1,452,758	$1,418,453	$1,374,438	0.34%
Montana	$24,717,269	$26,151,999	$26,497,071	6.60%
South Dakota	$4,995,110	$5,363,811	$5,669,767	1.41%
Wyoming	$25,656,797	$25,315,295	$25,340,612	6.31%
Source: U.S. Department of the Interior, "PILT"

Legislation and regulation

Federal laws

Clean Air Act

The federal Clean Air Act requires each state to meet federal standards for air pollution. Under the act, the U.S. Environmental Protection Agency oversees national air quality standards aimed at limiting pollutants from chemical plants, steel mills, utilities, and industrial factories. Individual states can enact stricter air standards if they choose, though each state must adhere to the EPA's minimum pollution standards. States implement federal air standards through a state implementation plan (SIP), which must be approved by the EPA.

Clean Water Act

According to research done by The New York Times, published in September 2009, using annual averages from 2004 to 2007, North Dakota had 126.5 facilities that were regulated annually by the Clean Water Act. An average of 25.9 facilities violated the act annually from 2004 to 2007 in North Dakota, and the EPA did not enforce the act in the state during those years. This is the most recent information on the subject.

The table below shows how North Dakota compared to neighboring states in The New York Times study, including the number of regulated facilities, facility violations, and the annual average of enforcement actions against regulated facilities between 2004 and 2007.

The New York Times Clean Water Act study (2004-2007)
State	Number of facilities regulated	Facility violations	Annual average enforcement actions
North Dakota	126.50	25.90	0.00
Montana	195.30	127.70	1.30
South Dakota	378.00	146.40	2.70
Wyoming	1,627.50	6.30	27.00
Source: The New York Times, "Clean Water Act Violations: The Enforcement Record"

Endangered Species Act

The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

Federally listed species in North Dakota

There were 10 endangered and threatened animal and plant species believed to or known to occur in North Dakota as of July 2015.

The table below lists the nine endangered and threatened animal species believed to or known to occur in the state. When an animal species has the word "Entire" after its name, that species will be found all throughout the state.

Endangered animal species in North Dakota
Status	Species
Threatened	Bat, Northern long-eared (Myotis septentrionalis)
Endangered	Crane, whooping (Grus americana)
Endangered	Ferret, black-footed entire population (Mustela nigripes)
Threatened	Knot, red (Calidris canutus rufa)
Threatened	Plover, piping except Great Lakes watershed (Charadrius melodus)
Threatened	Skipper, Dakota (Hesperia dacotae)
Endangered	skipperling, Poweshiek (Oarisma poweshiek)
Endangered	Sturgeon, pallid (Scaphirhynchus albus)
Endangered	Tern, least (Sterna antillarum)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in North Dakota"

The table below lists the one threatened plant species believed to or known to occur in the state.

Endangered plant species in North Dakota
Status	Species
Threatened	Orchid, western prairie fringed (Platanthera praeclara)
Source: U.S. Fish and Wildlife Service, "Endangered and threatened species in North Dakota"

Enforcement

See also: Enforcement at the EPA

North Dakota is part of the EPA's Region 8, which includes South Dakota, Montana, Colorado, Utah and Wyoming.

The EPA enforces federal standards on air, water and hazardous chemicals. The EPA takes administrative action against violators of environmental laws, or brings civil and/or criminal lawsuits, often with the goal of collecting penalties/fines and demanding compliance with laws like the Clean Air Act and Clean Water Act. In 2013, the EPA estimated that 9.2 million pounds of pollution, which includes air pollution, water contaminants, and hazardous chemicals, were "reduced, treated or eliminated" and 7.04 million cubic yards of soil and water were cleaned in Region 8. Additionally, 152 enforcement cases were initiated, and 161 enforcement cases were concluded in fiscal year 2013. In fiscal year 2012, the EPA collected $252 million in criminal fines and civil penalties from the private sector nationwide. In fiscal year 2013, the EPA collected $1.1 billion in criminal fines and civil penalties from the private sector nationwide, primarily due to the $1 billion settlement from the Deepwater Horizon oil spill along the Gulf Coast in 2010. The EPA only publishes nationwide data and does not provide state or region-specific information on the amount of fines and penalties it collects during a fiscal year.

Mercury and air toxics standards

See also: Mercury and air toxics standards

The EPA on mercury capture systems

The EPA enforces mercury and air toxics standards (MATS), which are national limits on mercury, chromium, nickel, arsenic and acidic gases from coal- and oil-fired power plants. Power plants are required to have certain technologies to limit these pollutants. In December 2011, the EPA issued greater restrictions on the amount of mercury and other toxic pollutants produced by power plants. As of 2014, approximately 580 power plants, including 1,400 oil- and coal-fired electric-generating units, fell under the federal rule. The EPA has claimed that power plants account for 50 percent of mercury emissions, 75 percent of acidic gases and around 20 to 60 percent of toxic metal emissions in the United States. All coal- and oil-fired power plants with a capacity of 25 megawatts or greater are subject to the standards. The EPA has claimed that the standards will "prevent up to 19 premature deaths in North Dakota while creating up to $150 million in health benefits in 2016."

In 2014, the EPA released a study examining the economic, environmental, and health impacts of the MATS standards nationwide. Other organizations have released their own analyses about the effects of the MATS standards. Below is a summary of the studies on MATS and their effects as of November 2014.

EPA study
In 2014, the EPA argued that its MATS rule would prevent roughly 11,000 premature deaths and 130,000 asthma attacks nationwide. The agency also anticipated between $37 billion and $90 billion in "improved air quality benefits" annually. For the rule's cost, the EPA estimated that annual compliance fees for coal- and oil-fired power plants would reach $9.6 billion.

NERA study
A 2012 study published by NERA Economic Consulting, a global consultancy group, reported that annual compliance costs in the electricity sector would total $10 billion in 2015 and nearly $100 billion cumulatively up through 2034. The same study found that the net impact of the MATS rule in 2015 would be the income equivalent of 180,000 fewer jobs. This net impact took into account the job gains associated with the building and refitting of power plants with new technology.

Superfund sites

The EPA established the Superfund program as part of the Comprehensive Environmental Response, Compensation and Liability Act of 1980.The Superfund program focuses on uncontrolled or abandoned hazardous waste sites nationwide. The EPA inspects waste sites and establishes cleanup plans for them. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can force the responsible party to reimburse the EPA or other federal agencies for the cleanup's cost. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. As of October 2014, there were 1,322 Superfund sites nationwide. A total of 54 Superfund sites reside in Region 8, with an average of nine sites per state. There were no Superfund sites in North Dakota as of October 2014.

Economic impact

EPA studies
The Environmental Protection Agency publishes studies to evaluate the impact and benefits of its policies. Other studies may dispute the agency's findings or state the costs of its policies.

According to the U.S. Government Accountability Office (GAO), an independent federal agency, the Superfund program received an average of almost $1.2 billion annually in appropriated funds between the years 1981 and 2009, adjusted for inflation. The GAO estimated that the trust fund of the Superfund program decreased from $5 billion in 1997 to $137 million in 2009. The Superfund program received an additional $600 million in federal funding from the American Recovery and Reinvestment Act of 2009, also known as the stimulus bill.

In March 2011, the EPA claimed that the agency's Superfund program produced economic benefits nationwide. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown. Based on a selective study of 373 Superfund sites cleaned up since the program's inception, the EPA estimated these economic benefits include the creation of 2,240 private businesses, $32.6 billion in annual sales from new businesses, 70,144 jobs and $4.9 billion in annual employment income.

Other studies were published detailing the costs associated with the Superfund program. According to the Property and Environment Research Center, a free market-oriented policy group based in Montana, the EPA spent over $35 billion on the Superfund program between 1980 and 2005.

Environmental impact

In March 2011, the EPA claimed that the Superfund program resulted in healthier environments surrounding former waste sites. An agency study analyzed the program's health and ecological benefits and focused on former landfills, mining areas, and abandoned dumps that were cleaned up and renovated. As of January 2009, out of the approximately 500 former Superfund sites used for the study, roughly 10 percent became recreational or commercial sites. Other former Superfund sites in the study are now used as wetlands, meadows, streams, scenic trails, parks, and habitats for plants and animals.

Carbon emissions

See also: Climate change, Greenhouse gas and Greenhouse gas emissions by state

In 2011, North Dakota ranked 36th nationwide in CO₂ emissions, according to the U.S. Energy Information Administration. Emissions peaked at 54 million metric tons of CO₂ in 2011. The electric power sector accounted for the majority of emissions in 2011 (53 percent) followed by the industrial sector (28.1 percent) and the transportation sector (14.6 percent). The commercial and residential sectors accounted for the remainder.

Carbon dioxide emissions in North Dakota (in million metric tons). Data was compiled by the U.S. Energy Information Administration.

Carbon dioxide emissions in North Dakota by sector

Pollution from energy use

Pollution from energy use includes three common air pollutants: carbon monoxide, nitrogen dioxide and ozone. These and other pollutants are regulated by the U.S. Environmental Protection Agency (EPA) through the National Ambient Air Quality Standards, which are federal standards limiting pollutants that can harm human health in significant concentrations. Carbon dioxide, a greenhouse gas, is also regulated by the EPA, but it is excluded here since it is not one of the pollutants originally regulated under the Clean Air Act for its harm to human health.

Industries and motor vehicles emit carbon monoxide directly when they use energy. Nitrogen dioxide forms from the emissions of automobiles, power plants and other sources. Ground level ozone (also known as tropospheric ozone) is not emitted but is the product of chemical reactions between nitrogen dioxide and volatile organic chemicals. The EPA tracks these and other pollutants from monitoring sites across the United States. The data below shows nationwide and regional trends for carbon monoxide, nitrogen dioxide and ozone between 2000 and 2014. States with consistent climates and weather patterns were grouped together by the EPA to make up each region.

Carbon monoxide (CO)

Carbon monoxide (CO) is a colorless, odorless gas produced from combustion processes, e.g., when gasoline reacts rapidly with oxygen and releases exhaust; the majority of national CO emissions come from mobile sources like automobiles. CO can reduce the oxygen-carrying capacity of the blood and at very high levels can cause death. CO concentrations are measured in parts per million (ppm). Since 1994, federal law prohibits CO concentrations from exceeding 9 ppm during an eight-hour period more than once per year.

The chart below compares the annual average concentration of carbon monoxide in the Northern Rockies/Plains and Northwestern regions of the United States between 2000 and 2014. States with consistent climates and weather patterns are grouped together by the U.S. Environmental Protection Agency (EPA), which collects these data, to make up each region. Each line represents the annual average of all the data collected from pollution monitoring sites in each region. In the Northwest, there were three monitoring sites throughout three states, compared to one monitoring site for five states in the Northern Rockies/Plains. In 2000, the average concentration of carbon monoxide was 3.93 ppm in the Northwest, compared to 5.5 ppm in the Northern Rockies/Plains. In 2014, the average concentration of carbon monoxide was 1.73 ppm in the Northwest, a decrease of 55.9 percent from 2000, compared to 2.6 ppm in the Northern Rockies/Plains, a decrease of 52.7 percent from 2000.

Nitrogen dioxide (NO₂)

Note: Annual data on nitrogen dioxide levels in the Northwest between 2000 and 2014 are unavailable.

Nitrogen dioxide (NO₂) is one of a group of gasses known as nitrogen oxides (NO_x). The U.S. Environmental Protection Agency (EPA) measures NO₂ as a representative for the larger group of nitrogen oxides. NO₂ forms from the emissions of cars, buses, trucks, power plants, and off-road equipment. It helps form ground-level ozone and fine particle pollution, and has been linked to respiratory problems. Since 1971, federal law prohibits NO₂ concentrations from exceeding a daily one-hour average of 100 parts per billion (ppb) and an annual average of 53 parts per billion (ppb).

The chart below compares the annual one-hour average concentration of nitrogen dioxide (NO₂) in the Northern Rockies/Plains and Southwestern regions of the United States between 2000 and 2014. In the Northern Rockies/Plains, there were five monitoring sites throughout five states, compared to 10 monitoring sites throughout four states in the Southwest. In 2000, the one-hour daily average concentration of NO₂ was 28.2 ppb in the Northern Rockies/Plains, compared to 71.5 ppb in the Southwest. In 2014, the one-hour daily average concentration of NO₂ was 23.56 ppb in the Northern Rockies/Plains, a decrease of 16.4 percent from 2000, compared to 49.35 ppb in the Southwest, a decrease of 30.9 percent from 2000.

Ground-level ozone

Ground-level ozone is created by chemical reactions between nitrogen oxides (NO_x) and volatile organic compounds (VOCs) in sunlight. Major sources of NO_x and VOCs include industrial facilities, electric utilities, automobiles, gasoline vapors, and chemical solvents. Ground-level ozone can produce health problems for children, the elderly, and asthmatics. Since 2008, federal law has prohibited ozone concentrations from exceeding a daily eight-hour average of 75 parts per billion (ppb). Beginning in 2025, federal law will prohibit ground-level ozone concentrations from exceeding a daily eight-hour average of 70 ppb.

The chart below compares the daily eight-hour average concentration of ground-level ozone in the Northern Rockies/Plains and Northwestern regions of the United States between 2000 and 2014. In the chart below, ozone concentrations are measured in parts per million (ppm), which can be converted to parts per billion (ppb). In the Northern Rockies/Plains, there were 12 monitoring sites throughout five states, compared to 17 monitoring sites throughout three states in the Northwest. In 2000, the daily eight-hour average concentration of ozone was 0.0598 ppm, or 59.8 ppb in the Northern Rockies/Plains, compared to 0.0599 ppm, or 59.9 ppb in the Northwest. In 2014, the daily eight-hour average concentration of ozone was 0.0578 ppm, or 57.8 ppb in the Northern Rockies/Plains, a decrease of 3.3 percent from 2000, compared to 0.059 ppm, or 56.9 ppb in the Northwest, a decrease of 5 percent from 2000.

State laws

The North Dakota Department of Environmental Health publishes the state's environmental rules and regulations, which can be found here.

Enforcement

The North Dakota Department of Environmental Health is composed of four major environmental divisions:

• The Air Quality Division oversees air quality and issues permits for large sources of air pollution.
• The Municipal Facilities Division regulates public water systems, including drinking water and wastewater systems.
• The Waste Management Division regulates underground storage tanks and oversees municipal waste management systems.
• The Water Quality Division maintains water quality by monitoring surface waters and ground water.

Historical budget information

The table below shows state budget figures for North Dakota's environmental and natural resource departments compared to neighboring states.

Total state natural resource expenditures by state
State	Departments/Divisions	FY 2013	FY 2012	FY 2011
North Dakota*	Environmental Health	-	$50,524,632*	$52,993,754*
Montana	Environmental Quality	$58,222,952	$58,226,820	$59,201,557
South Dakota	Environment and Natural Resources	$21,983,105	$33,645,260	$33,742,880
Wyoming*	Natural Resources; Environmental Quality; Game and Fish; State Lands; Wildlife and Natural Resources Board	$535,628,226*	$480,519,507*
Sources: North Dakota Office of Management of Budget, Montana Office of Budget and Program Planning, South Dakota Bureau of Management and Finance, Wyoming State Legislature *This denotes a biennium state budget's figures.

Major groups

Below is a list of environmental advocacy organizations in North Dakota. A complete list of environmental groups by state can be accessed on the website Eco-USA.

• Nature Conservancy - North Dakota
• Sierra Club - North Dakota Chapter

Ballot measures

Voting on the Environment
Ballot Measures
By state
By year
Not on ballot
Local Local environment Local GMO Local fracking

Below is a list of ballot measures relating to environmental issues in North Dakota.

Natural resources

• North Dakota Land and Mineral Rights Sales, Measure 2 (1992)
• North Dakota Use of Coal Tax Revenue, Measure 3 (1990)
• North Dakota Exchange of Land and Mineral Interests, Measure 2 (1996)
• North Dakota State Mineral Rights Referendum, Amendment 2 (1960)
• North Dakota Dickinson Experiment Station Referendum, Measure 1 (1978)
• North Dakota Oil Extraction Tax Initiative, Measure 6 (1980)
• North Dakota Coal Development Impact Trust Fund Referendum, Amendment 5 (1980)
• North Dakota Coal Mineral Interest Exchanges Referendum, Measure 1 (1986)
• North Dakota Oil Extraction Tax Revenues, Measure 1 (1994)

Environment

• North Dakota Coal Trust Fund Expenditures, Measure 1 (1994)
• North Dakota Waste Facility Disposal Fees, Measure 7 (1992)
• North Dakota Hazardous Waste Facilities, Measure 6 (1996)
• North Dakota Clean Water, Wildlife and Parks Amendment, Measure 5 (2014)
• North Dakota Taxable Status of Land Held for Conservation Purposes, Constitutional Measure 1 (2002)

Water

• North Dakota Water Development and Funding, Measure 4 (1992)

Recent news

The link below is to the most recent stories in a Google news search for the terms North Dakota environmental policy. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Historical North Dakota environmental information, 1971-2016 - Google News

See also

• 

  Environmental policy in the U.S.

• 

  Energy policy in the U.S.

• 

  Endangered species policy in the U.S.

• Endangered species in North Dakota
• Energy policy in North Dakota
• Federal land ownership by state
• BLM oil and gas leases by state
• Payments in lieu of taxes

External links

• North Dakota Environmental Health Division
• U.S. Environmental Protection Agency

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