19-6-106 - Rulemaking authority and procedure. - Utah Statutes

19-6-106. Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purposeof the state administering a program under the federal Resource Conservation and Recovery Actand, to the extent the board may have jurisdiction, under the federal ComprehensiveEnvironmental Response, Compensation and Liability Act, or the federal Emergency Planningand Community Right to Know Act of 1986, may be more stringent than the correspondingfederal regulations which address the same circumstances. In making the rules, the board mayincorporate by reference corresponding federal regulations.
(2) The board may make rules more stringent than corresponding federal regulations forthe purposes described in Subsection (1), only if it makes a written finding after public commentand hearing and based on evidence in the record that corresponding federal regulations are notadequate to protect public health and the environment of the state. Those findings shall beaccompanied by an opinion referring to and evaluating the public health and environmentalinformation and studies contained in the record which form the basis for the conclusion.

Renumbered and Amended by Chapter 112, 1991 General Session