Administrative Rules of Montana
Department 36 - NATURAL RESOURCES AND CONSERVATION
Chapter 36.22 - OIL AND GAS CONSERVATION
Subchapter 36.22.12 - Production
Rule 36.22.1221 - BURNING OF WASTE GAS REQUIRED

(1) All gas vented to the atmosphere at a rate exceeding 20 MCF per day for a period in excess of 72 hours shall be burned. All operators of well venting any quantity of gas containing 20 parts per million or more of hydrogen sulfide (H2S) shall insure that workable ignitor systems are installed on such wells and take whatever other steps that may be necessary to insure that all such waste gas is burned and not vented to the atmosphere. No variance from this rule is allowed without written authorization from the board.

(2) Any operator seeking a variance from this rule must submit a production test and a statement justifying the need for a variance. The statement should include such information as potential human exposure; relative isolation of location; restriction of access to location such as fence, warning signs, etc.; low gas volume; and low BTU content.

(3) The board staff will review the justification statement with the board at its next regularly scheduled hearing. The board may elect to grant or deny the application or schedule a hearing thereon. An operator whose application for variance is denied without a hearing may request a hearing.