12-16-21. Detailed statement of rationale for regulatory change required.

1. (1)

   Prior to the board’s promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale:#

   1. (A)

      Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, standard, or policy on the same subject; or#

   2. (B)

      Whenever an environmental regulation or a covered action will:#

      1. (i)

         Result in the removal of any specific requirement, prohibition, or duty imposed by an existing environmental regulation, standard, or policy;#

      2. (ii)

         Result in any prohibition, requirement, or duty imposed by an existing environmental regulation, standard, or policy becoming narrower in scope of applicability;#

      3. (iii)

         Decrease or render any requirement imposed by an existing environmental regulation, standard, or policy less stringent or restrictive; or#

      4. (iv)

         Repeal an existing environmental regulation, standard, or policy.#

2. (2)

   Such statement shall accompany any notice required by Code Section 50-13-4.#

The detailed statement of rationale shall state the basis for the regulation or covered action, including the scientific or technical basis, alternative policy considerations, and estimated cost to implement to the department and the regulated community and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the environmental regulation or covered action.#

The scope and level of detail of each detailed statement of rationale shall be determined by the director of the division or the commissioner.#