D. The council shall not approve the rule unless:

1. 1. The economic, small business and consumer impact statement contains information from the state, data and analysis prescribed by this article.
2. 2. The economic, small business and consumer impact statement is generally accurate.
3. 3. The probable benefits of the rule outweigh within this state the probable costs of the rule and the agency has demonstrated that it has selected the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.
4. 4. The rule is written in a manner that is clear, concise and understandable to the general public.
5. 5. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority and meets the requirements prescribed in section 41-1030.
6. 6. The agency adequately addressed, in writing, the comments on the proposed rule and any supplemental proposals.
7. 7. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplemental notices.
8. 8. The preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule.
9. 9. The rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law.
10. 10. If a rule requires a permit, the permitting requirement complies with section 41-1037.

G. If the rule relies on scientific principles or methods, including a study disclosed pursuant to subsection D, paragraph 8 of this section, and a person submits an analysis to the council questioning whether the rule is based on valid scientific or reliable principles or methods, the council shall not approve the rule unless the council determines that the rule is based on valid scientific or reliable principles or methods that are specific and not of a general nature. In making a determination of reliability or validity, the council shall consider the following factors as applicable to the rule:

1. 1. The authors of the study, principle or method have subject matter knowledge, skill, experience, training and expertise.
2. 2. The study, principle or method is based on sufficient facts or data.
3. 3. The study is the product of reliable principles and methods.
4. 4. The study and its conclusions, principles or methods have been tested or subjected to peer reviewed publications.
5. 5. The known or potential error rate of the study, principle or method has been identified along with its basis.
6. 6. The methodology and approach of the study, principle or method are generally accepted in the scientific community.