Senate Bill 2238 Summary

• Creates new section 23.1-06-16 of the North Dakota Century Code requiring the department to develop and implement a state regional haze plan consistent with the federal Clean Air Act and EPA regulations.

• Requires the state regional haze plan to include analysis of natural and international causes of visibility impairment and consider measures to achieve reasonable progress toward natural visibility conditions by 2064.

• Prohibits the department from requiring control measures that increase total costs with little corresponding visibility benefit.

• Makes new control measures effective only upon final EPA approval, and allows the state to revise the plan if the EPA disapproves it.

• Provides that if federal law, courts, or agency actions render control measures unenforceable at the federal level, the state may not enforce those measures under state law to the same extent.