Title 19 Environmental Quality Code Chapter 6 Hazardous Substances Section 106 Rulemaking authority and procedure.
19-6-106.Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose
of the state administering a program under the federal Resource Conservation and Recovery Act
and, to the extent the board may have jurisdiction, under the federal Comprehensive
Environmental Response, Compensation and Liability Act, or the federal Emergency Planning
and Community Right to Know Act of 1986, may be more stringent than the corresponding
federal regulations which address the same circumstances. In making the rules, the board may
incorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations for
the purposes 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 conclusion.
Renumbered and Amended by Chapter 112, 1991 General Session
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