§ 23.1-06-04 — Power and duties of the department

1. The department shall develop and coordinate a statewide program of air pollution
control. To accomplish this, the department shall:

a. Encourage the voluntary cooperation of persons to achieve the purposes of this
chapter.
b. Determine by scientifically oriented field studies and sampling the degree of air
pollution in the state and the several parts thereof.
c. Encourage and conduct studies, investigations, and research relating to air
pollution and its causes, effects, prevention, abatement, and control.
d. Advise, consult, and cooperate with other public agencies and with affected
groups and industries.
e. Issue orders necessary to effectuate the purposes of this chapter and enforce the
orders by all appropriate administrative and judicial procedures.
f. Provide rules relating to the construction of any new direct or indirect air
contaminant source or modification of any existing direct or indirect air
contaminant source which the department determines will prevent the attainment
or maintenance of any ambient air quality standard, and require that before
commencing construction or modification of any such source, the owner or
operator shall submit the information necessary to permit the department to make
this determination.
g. Establish ambient air quality standards for the state which may vary according to
appropriate areas.
h. Formulate and adopt emission control requirements for the prevention,
abatement, and control of air pollution in this state including achievement of
ambient air quality standards.
i. Hold hearings relating to the administration of this chapter, and compel the
attendance of witnesses and the production of evidence.
j. Require the owner or operator of a regulated air contaminant source to establish
and maintain records; make reports; install, use, and maintain monitoring
equipment or methods; sample emissions in accordance with those methods at
designated locations and intervals, and using designated procedures; and
provide other information as may be required.
k. Provide by rules a procedure for handling applications for a variance for any
person that owns or is in control of any plant, establishment, process, or
equipment. The granting of a variance is not a right of the applicant but must be
in the discretion of the department.
l. Provide by rules any procedures necessary and appropriate to develop,
implement, and enforce any air pollution prevention and control program
established by the federal Clean Air Act [42 U.S.C. 7401 et seq.], as amended,
the authorities and responsibilities of which are delegatable to the state by the
United States environmental protection agency. The rules may include
enforceable ambient standards, emission limitations, and other control measures,
means, techniques, or economic incentives, including fees, marketable permits,
and auctions of emissions rights, as provided by the Act. The department shall
develop and implement the federal programs if the department determines that
doing so benefits the state.
m. Provide by rules a program for implementing lead-based paint remediation
training, certification, and performance requirements in accordance with title 40,
Code of Federal Regulations, part 745, sections 220, 223, 225, 226, 227, and
233.
2. After consultation with the advisory council, the department may adopt, amend, and
repeal rules under this chapter.