39-8805. RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS. (1) Pursuant to the procedures established by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the department shall promulgate through negotiated rulemaking, and the board shall adopt, rules as are necessary to regulate underground storage tank systems within the state. This includes, but is not limited to, rules addressing:

(a) Inspection and certification of underground storage tanks;

(b) Operator training;

(c) Release prevention, compliance and enforcement;

(d) Delivery prohibitions; and

(e) Additional measures to protect ground water.

(2) The board of trustees shall participate in any such negotiated rulemaking through designated representatives.

(3) The rules, promulgated and adopted pursuant to this chapter, and guidance or policy provisions developed in regard to rules promulgated and adopted pursuant to this chapter, shall not be broader in scope, more stringent than, or propose to regulate an activity not regulated by federal law or regulations governing underground storage tanks except as provided by section 39-107D, Idaho Code.

(4) To the degree that any rule promulgated and adopted pursuant to this chapter, or guidance or policy developed in regard to any rule promulgated and adopted pursuant to this chapter, is based upon science, the department shall use:

(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.

History:

[39-8805, added 2007, ch. 29, sec. 1, p. 58.]