§ 23.1-06-06 — Sulfur dioxide ambient air quality standards more strict than federal standards prohibited

standards prohibited.
The department may not adopt ambient air quality rules or standards for sulfur dioxide that
affect coal conversion facilities or petroleum refineries that are more strict than federal rules or
standards under the federal Clean Air Act [42 U.S.C. 7401 et seq.], nor may the department
adopt ambient air quality rules or standards for sulfur dioxide that affect these facilities and
refineries when there are no corresponding federal rules or standards. Any ambient air quality
standards that have been adopted by the department for sulfur dioxide that are more strict than
federal rules or standards under the federal Clean Air Act, or for which there are no
corresponding federal rules or standards, are void as to coal conversion facilities and petroleum
refineries. However, the department may adopt rules for dealing with exposures of less than one
hour to sulfur dioxide emissions on a source-by-source basis pursuant to any regulatory
program for dealing with short-term exposures to sulfur dioxide that may be established under
the federal Clean Air Act. Any intervention levels or standards set forth in the rules may not be
more strict than federal levels or standards recommended or adopted under the federal
program. In adopting the rules, the department shall follow all other provisions of state law
governing the department's adoption of ambient air quality rules when there are no mandatory
corresponding federal rules or standards.