19-2-106. Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose
of administering a program under the federal Clean Air Act may be more stringent than the
corresponding federal regulations which address the same circumstances. In making rules, the
board may incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations for
the purpose described in Subsection (1), only if it makes a written finding after public comment
and hearing and based on evidence in the record, that corresponding federal regulations are not
adequate to protect public health and the environment of the state. Those findings shall be
accompanied by an opinion referring to and evaluating the public health and environmental
information and studies contained in the record which form the basis for the board's conclusion.
Renumbered and Amended by Chapter 112, 1991 General Session
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Last revised: Thursday, May 28, 2009