Idaho State Statutes - Idaho Attorney Directory

(1) The legislature directs that
any rule formulated and recommended by the department to the board which is
broader in scope or more stringent than federal law or regulations, or
proposes to regulate an activity not regulated by the federal government, is
subject to the following additional requirements: the notice of proposed
rulemaking and rulemaking record requirements under chapter 52, title 67,
Idaho Code, must clearly specify that the proposed rule, or portions of the
proposed rule, are broader in scope or more stringent than federal law or
regulations, or regulate an activity not regulated by the federal government,
and delineate which portions of the proposed rule are broader in scope or more
stringent than federal law or regulations, or regulate an activity not
regulated by the federal government.
(2) To the degree that a department action is based on science, in
proposing any rule or portions of any rule subject to this section, the
department shall utilize:
(a) The best available peer reviewed science and supporting studies
conducted in accordance with sound and objective scientific practices; and
(b) Data collected by accepted methods or best available methods if the
reliability of the method and the nature of the decision justifies use of
the data.
(3) Any proposed rule subject to this section which proposes a standard
necessary to protect human health and the environment shall also include in
the rulemaking record requirements under chapter 52, title 67, Idaho Code, the
following additional information:
(a) Identification of each population or receptor addressed by an
estimate of public health effects or environmental effects; and
(b) Identification of the expected risk or central estimate of risk for
the specific population or receptor; and
(c) Identification of each appropriate upper bound or lower bound
estimate of risk; and
(d) Identification of each significant uncertainty identified in the
process of the assessment of public health effects or environmental
effects and any studies that would assist in resolving the uncertainty;
and
(e) Identification of studies known to the department that support, are
directly relevant to, or fail to support any estimate of public health
effects or environmental effects and the methodology used to reconcile
inconsistencies in the data.
(4) The department shall also include a summary of the information
required by subsection (3) of this section in the notice of rulemaking
required by chapter 52, title 67, Idaho Code.
(5) Any rule promulgated or adopted by the board which is broader in
scope or more stringent than federal law or regulations, or which regulates an
activity not regulated by the federal government, submitted to the standing
committee of the legislature pursuant to section 67-5291, Idaho Code, shall
include a notice by the board identifying the portions of the adopted rule
that are broader in scope or more stringent than federal law or rules, or
which regulate an activity not regulated by the federal government.
(6) Nothing provided herein is intended to alter the scope or effect of
sections 39-105(3)(g)(v), 39-118B, 39-3601, 39-4404, 39-6205, 39-7210 and
39-7404, Idaho Code, or any other provision of state law which limits or
prohibits agency action or rulemaking that is broader in scope or more
stringent than federal law or regulations.

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