(1) For a rule involving environmental health and waste management: (a) an agency may not initiate rulemaking proceedings to establish new or change existing numeric criteria or numeric limitations applicable to a regulated material if the new rule or amendment would result in criteria or limitations that are more stringent or extensive in scope, coverage, or effect than any federal law or regulation setting a standard regarding the same or a substantially similar topic; and (b) in the absence of any federal law or regulation setting a standard regarding the same or a substantially similar topic, an agency may not initiate rulemaking proceedings that establish new or change existing numeric criteria or numeric limitations unless, for each regulated material to which the rule applies, all scientific and technical information relied on to support the rule is based upon the best available science and the weight of scientific evidence. (2) (a) For a rule described in Subsection (1)(b) intended to protect human health, safety, or welfare: (i) the best available science and the weight of scientific evidence shall establish a direct causal link between exposure at or above the numeric criteria or numeric limitations provided by the rule and manifest bodily harm in humans, based on generally accepted scientific or technical practices; and (ii) in the absence of data from voluntary scientific studies on humans, the best available science and the weight of scientific evidence may be based on tests performed on experimental animal species or human and animal cells establishing a direct causal link, based on generally accepted scientific or technical practices, between exposure at or above any numeric criteria or numeric limitations provided by the rule and manifest bodily harm in humans, if the harm may be extrapolated to humans based on the best available science and the weight of scientific evidence. (3) This section does not apply to: (a) a rule, including a rule made under Title 19, Environmental Quality Code, that is required by: (i) federal law or regulation to comply with and in furtherance of federal agency authorization or a primacy requirement; or (ii) state law and applied on a site-specific basis. (b) a rule that is less stringent or extensive in scope, coverage, or effect than any federal law or regulation setting a standard regarding the same or a substantially similar topic or that is substantively equivalent to a federal law or regulation; (c) a rule that would repeal or amend an existing rule to be less stringent or extensive in scope, coverage, or effect; or (d) an emergency rule made under Section 63G-3-304.
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