North Dakota Code § 23.1-06-06

Sulfur dioxide ambient air quality standards more strict than federal
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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.

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